[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 95 Engrossed in Senate (ES)]

  2d Session
S. CON. RES. 95

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring),

SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2005.

    (a) Declaration.--Congress declares that this resolution is the 
concurrent resolution on the budget for fiscal year 2005 including the 
appropriate budgetary levels for fiscal years 2006 through 2009 as 
authorized by section 301 of the Congressional Budget Act of 1974 (2 
U.S.C. 632).
    (b) Table of Contents.--The table of contents for this concurrent 
resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2005.
                      TITLE I--LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social security.
Sec. 103. Major functional categories.
                        TITLE II--RECONCILIATION

Sec. 201. Reconciliation in the Senate.
                TITLE III--RESERVE FUNDS AND ADJUSTMENTS

                       Subtitle A--Reserve Funds

Sec. 301. Reserve fund for health insurance for the uninsured.
Sec. 302. Reserve fund for higher education.
Sec. 303. Reserve for energy legislation.
Sec. 304. Reserve fund for guard and reserve health care.
Sec. 305. Reserve fund for Montgomery GI bill benefits.
Sec. 306. Reserve for funding of Hope Credit.
Sec. 307. Reserve fund for expansion of pediatric vaccine distribution 
                            program.
Sec. 308. Reserve fund for addressing minority health disparities.
Sec. 309. Reserve for postal service reform.
     Subtitle B--Adjustments With Respect to Discretionary Spending

Sec. 311. Adjustment for surface transportation.
Sec. 312. Supplemental appropriations for Iraq and related activities 
                            for fiscal year 2005.
Sec. 313. Adjustment for wildland fire suppression.
Sec. 314. Reserve fund for eliminating survivor benefit plan-social 
                            security offset.
                      TITLE IV--BUDGET ENFORCEMENT

Sec. 401. Restrictions on advance appropriations.
Sec. 402. Extension of emergency rule in the Senate.
Sec. 403. Discretionary spending limits in the Senate.
Sec. 404. Scoring rules.
Sec. 405. Adjustments to reflect changes in concepts and definitions.
Sec. 406. Application and effect of changes in allocations and 
                            aggregates.
Sec. 407. Exercise of rulemaking powers.
Sec. 408. Pay-as-you-go point of order in the Senate.
                      TITLE V--SENSE OF THE SENATE

Sec. 501. Sense of the Senate on budget process reform.
Sec. 502. Sense of the Senate on budget process reform with regard to 
                            the creation of bipartisan commissions to 
                            combat waste, fraud, and abuse and to 
                            promote spending efficiency.
Sec. 503. Sense of the Senate on the relationship between annual 
                            deficit spending and increases in debt 
                            service costs.
Sec. 504. Sense of the Senate regarding the costs of the medicare 
                            prescription drug program.
Sec. 505. Sense of the Senate regarding pay parity.
Sec. 506. Sense of the Senate on returning stability to payments under 
                            medicare physician fee schedule.
Sec. 507. Sense of the Senate regarding the use of Federal funds to 
                            support American companies and American 
                            workers.
Sec. 508. Sense of the Senate regarding closing the ``tax gap''.
Sec. 509. Sense of the Senate amendment on drug comparativeness 
                            studies.
Sec. 510. Sense of the Senate regarding funding for port security.
Sec. 511. Sense of the Senate regarding tribal colleges and 
                            universities.
Sec. 512. Findings and sense of the Senate.
Sec. 513. Sense of the Senate supporting funding restoration for 
                            agriculture research and extension.
Sec. 514. Reserve fund for Homeland Security Grant Program, assistance 
                            to firefighter grants, and port security 
                            grants.
Sec. 515. State Homeland Security Grant Program.
Sec. 516. Strategic Petroleum Reserve.
Sec. 517. Sense of the Senate concerning a National Animal 
                            Identification Program.
Sec. 518. Sense of the Senate regarding contributions to The Global 
                            Fund to Fight AIDS, Tuberculosis, and 
                            Malaria.
Sec. 519. Sense of the Senate concerning child nutrition funding.
Sec. 520. Sense of the Senate regarding compensation for exposure to 
                            toxic substances at the Department of 
                            Energy.
Sec. 521. Sense of the Senate regarding tax incentives for certain 
                            rural communities.
Sec. 522. Sense of the Senate concerning summer food pilot projects.

                      TITLE I--LEVELS AND AMOUNTS

SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

    The following budgetary levels are appropriate for the fiscal years 
2005 through 2009:
            (1) Federal revenues.--For purposes of the enforcement of 
        this resolution--
                    (A) The recommended levels of Federal revenues are 
                as follows:
                        Fiscal year 2005: $1,453,714,000,000.
                        Fiscal year 2006: $1,615,655,000,000.
                        Fiscal year 2007: $1,730,119,000,000.
                        Fiscal year 2008: $1,822,516,000,000.
                        Fiscal year 2009: $1,925,154,000,000.
                    (B) The amounts by which the aggregate levels of 
                Federal revenues should be changed are as follows:
                        Fiscal year 2005: -$23,420,000,000.
                        Fiscal year 2006: -$38,526,000,000.
                        Fiscal year 2007: -$24,825,000,000.
                        Fiscal year 2008: -$23,274,000,000.
                        Fiscal year 2009: -$27,906,000,000.
            (2) New budget authority.--For purposes of the enforcement 
        of this resolution, the appropriate levels of total new budget 
        authority are as follows:
                    Fiscal year 2005: $1,958,150,000,000.
                    Fiscal year 2006: $2,072,497,000,000.
                    Fiscal year 2007: $2,187,109,000,000.
                    Fiscal year 2008: $2,294,017,000,000.
                    Fiscal year 2009: $2,397,359,000,000.
            (3) Budget outlays.--For purposes of the enforcement of 
        this resolution, the appropriate levels of total budget outlays 
        are as follows:
                    Fiscal year 2005: $1,968,807,000,000.
                    Fiscal year 2006: $2,061,467,000,000.
                    Fiscal year 2007: $2,161,380,000,000.
                    Fiscal year 2008: $2,263,755,000,000.
                    Fiscal year 2009: $2,363,932,000,000.
            (4) Deficits.--For purposes of the enforcement of this 
        resolution, the amounts of the deficits are as follows:
                    Fiscal year 2005: -$515,093,000,000.
                    Fiscal year 2006: -$445,812,000,000.
                    Fiscal year 2007: -$431,261,000,000.
                    Fiscal year 2008: -$441,239,000,000.
                    Fiscal year 2009: -$438,778,000,000.
            (5) Debt subject to limit.--The appropriate levels of the 
        public debt are as follows:
                    Fiscal year 2005: $8,052,710,000,000.
                    Fiscal year 2006: $8,624,516,000,000.
                    Fiscal year 2007: $9,178,616,000,000.
                    Fiscal year 2008: $9,742,730,000,000.
                    Fiscal year 2009: $10,308,215,000,000.
            (6) Debt held by the public.--The appropriate levels of the 
        debt held by the public are as follows:
                    Fiscal year 2005: $4,741,120,000,000.
                    Fiscal year 2006: $5,009,410,000,000.
                    Fiscal year 2007: $5,247,139,000,000.
                    Fiscal year 2008: $5,479,268,000,000.
                    Fiscal year 2009: $5,696,111,000,000.

SEC. 102. SOCIAL SECURITY.

    (a) Social Security Revenues.--For purposes of Senate enforcement 
under sections 302 and 311 of the Congressional Budget Act of 1974, the 
amounts of revenues of the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust Fund are as 
follows:
            Fiscal year 2005: $572,314,000,000.
            Fiscal year 2006: $600,902,000,000.
            Fiscal year 2007: $629,333,000,000.
            Fiscal year 2008: $658,731,000,000.
            Fiscal year 2009: $689,620,000,000.
    (b) Social Security Outlays.--For purposes of Senate enforcement 
under sections 302 and 311 of the Congressional Budget Act of 1974, the 
amounts of outlays of the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund are as follows:
            Fiscal year 2005: $396,159,000,000.
            Fiscal year 2006: $406,390,000,000.
            Fiscal year 2007: $419,424,000,000.
            Fiscal year 2008: $433,487,000,000.
            Fiscal year 2009: $450,288,000,000.
    (c) Social Security Administrative Expenses.--In the Senate, the 
amounts of new budget authority and budget outlays of the Federal Old-
Age and Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund for administrative expenses are as follows:
            Fiscal year 2005:
                    (A) New budget authority, $4,249,000,000.
                    (B) Outlays, $4,264,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $4,352,000,000.
                    (B) Outlays, $4,335,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $4,477,000,000.
                    (B) Outlays, $4,457,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $4,617,000,000.
                    (B) Outlays, $4,594,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $4,762,000,000.
                    (B) Outlays, $4,738,000,000.

SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

    Congress determines and declares that the appropriate levels of new 
budget authority, budget outlays, new direct loan obligations, and new 
primary loan guarantee commitments for fiscal years 2005 through 2009 
for each major functional category are:
    (1) National Defense (050):
            Fiscal year 2005:
                    (A) New budget authority, $422,157,000,000.
                    (B) Outlays, $449,442,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $445,708,000,000.
                    (B) Outlays, $442,157,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $456,148,000,000.
                    (B) Outlays, $441,732,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $467,482,000,000.
                    (B) Outlays, $451,564,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $479,494,000,000.
                    (B) Outlays, $463,106,000,000.
    (2) International Affairs (150):
            Fiscal year 2005:
                    (A) New budget authority, $31,970,000,000.
                    (B) Outlays, $34,032,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $34,855,000,000.
                    (B) Outlays, $33,192,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $35,499,000,000.
                    (B) Outlays, $31,746,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $35,856,000,000.
                    (B) Outlays, $31,640,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $35,912,000,000.
                    (B) Outlays, $32,059,000,000.
    (3) General Science, Space, and Technology (250):
            Fiscal year 2005:
                    (A) New budget authority, $24,278,000,000.
                    (B) Outlays, $23,752,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $25,412,000,000.
                    (B) Outlays, $24,863,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $26,269,000,000.
                    (B) Outlays, $25,613,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $26,499,000,000.
                    (B) Outlays, $25,914,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $26,547,000,000.
                    (B) Outlays, $26,095,000,000.
    (4) Energy (270):
            Fiscal year 2005:
                    (A) New budget authority, $1,093,000,000.
                    (B) Outlays, -$546,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $2,762,000,000.
                    (B) Outlays, $1,653,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $2,781,000,000.
                    (B) Outlays, $1,214,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $2,501,000,000.
                    (B) Outlays, $601,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $2,082,000,000.
                    (B) Outlays, $718,000,000.
    (5) Natural Resources and Environment (300):
            Fiscal year 2005:
                    (A) New budget authority, $36,160,000,000.
                    (B) Outlays, $31,191,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $32,909,000,000.
                    (B) Outlays, $33,529,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $32,895,000,000.
                    (B) Outlays, $34,099,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $32,825,000,000.
                    (B) Outlays, $33,879,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $33,523,000,000.
                    (B) Outlays, $33,974,000,000.
    (6) Agriculture (350):
            Fiscal year 2005:
                    (A) New budget authority, $21,746,000,000.
                    (B) Outlays, $20,976,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $23,806,000,000.
                    (B) Outlays, $22,574,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $24,698,000,000.
                    (B) Outlays, $23,509,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $24,604,000,000.
                    (B) Outlays, $23,483,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $25,563,000,000.
                    (B) Outlays, $24,623,000,000.
    (7) Commerce and Housing Credit (370):
            Fiscal year 2005:
                    (A) New budget authority, $7,864,000,000.
                    (B) Outlays, $2,935,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $8,041,000,000.
                    (B) Outlays, $2,593,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $9,141,000,000.
                    (B) Outlays, $3,406,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $9,336,000,000.
                    (B) Outlays, $2,550,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $9,826,000,000.
                    (B) Outlays, $2,766,000,000.
    (8) Transportation (400):
            Fiscal year 2005:
                    (A) New budget authority, $69,985,000,000.
                    (B) Outlays, $68,390,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $70,923,000,000.
                    (B) Outlays, $70,998,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $71,428,000,000.
                    (B) Outlays, $72,207,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $71,760,000,000.
                    (B) Outlays, $72,571,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $72,241,000,000.
                    (B) Outlays, $72,597,000,000.
    (9) Community and Regional Development (450):
            Fiscal year 2005:
                    (A) New budget authority, $13,897,000,000.
                    (B) Outlays, $14,986,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $13,682,000,000.
                    (B) Outlays, $15,220,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $13,851,000,000.
                    (B) Outlays, $14,321,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $13,979,000,000.
                    (B) Outlays, $13,818,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $14,150,000,000.
                    (B) Outlays, $13,913,000,000.
    (10) Education, Training, Employment, and Social Services (500):
            Fiscal year 2005:
                    (A) New budget authority, $100,414,000,000.
                    (B) Outlays, $89,304,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $95,314,000,000.
                    (B) Outlays, $94,577,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $95,628,000,000.
                    (B) Outlays, $93,799,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $95,858,000,000.
                    (B) Outlays, $94,262,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $96,168,000,000.
                    (B) Outlays, $94,684,000,000.
    (11) Health (550):
            Fiscal year 2005:
                    (A) New budget authority, $252,299,000,000.
                    (B) Outlays, $247,712,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $254,677,000,000.
                    (B) Outlays, $255,618,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $267,998,000,000.
                    (B) Outlays, $27,754,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $286,815,000,000.
                    (B) Outlays, $286,525,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $307,860,000,000.
                    (B) Outlays, $305,533,000,000.
    (12) Medicare (570):
            Fiscal year 2005:
                    (A) New budget authority, $287,513,000,000.
                    (B) Outlays, $288,654,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $322,517,000,000.
                    (B) Outlays, $322,035,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $361,999,000,000.
                    (B) Outlays, $362,277,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $386,753,000,000.
                    (B) Outlays, $386,795,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $412,922,000,000.
                    (B) Outlays, $412,515,000,000.
    (13) Income Security (600):
            Fiscal year 2005:
                    (A) New budget authority, $337,868,000,000.
                    (B) Outlays, $342,111,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $343,354,000,000.
                    (B) Outlays, $346,782,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $348,271,000,000.
                    (B) Outlays, $350,920,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $361,670,000,000.
                    (B) Outlays, $363,674,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $371,602,000,000.
                    (B) Outlays, $373,123,000,000.
    (14) Social Security (650):
            Fiscal year 2005:
                    (A) New budget authority, $15,214,000,000.
                    (B) Outlays, $15,214,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $16,779,000,000.
                    (B) Outlays, $16,779,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $18,269,000,000.
                    (B) Outlays, $18,269,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $20,218,000,000.
                    (B) Outlays, $20,218,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $22,229,000,000.
                    (B) Outlays, $22,229,000,000.
    (15) Veterans Benefits and Services (700):
            Fiscal year 2005:
                    (A) New budget authority, $71,546,000,000.
                    (B) Outlays, $70,159,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $68,196,000,000.
                    (B) Outlays, $67,731,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $66,209,000,000.
                    (B) Outlays, $65,834,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $69,326,000,000.
                    (B) Outlays, $69,132,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $69,888,000,000.
                    (B) Outlays, $69,660,000,000.
    (16) Administration of Justice (750):
            Fiscal year 2005:
                    (A) New budget authority, $41,841,000,000.
                    (B) Outlays, $40,727,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $39,490,000,000.
                    (B) Outlays, $40,336,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $40,099,000,000.
                    (B) Outlays, $40,462,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $40,870,000,000.
                    (B) Outlays, $40,873,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $41,206,000,000.
                    (B) Outlays, $41,228,000,000.
    (17) General Government (800):
            Fiscal year 2005:
                    (A) New budget authority, $16,182,000,000.
                    (B) Outlays, $16,742,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $17,503,000,000.
                    (B) Outlays, $17,110,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $17,611,000,000.
                    (B) Outlays, $17,245,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $17,190,000,000.
                    (B) Outlays, $16,878,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $17,256,000,000.
                    (B) Outlays, $16,763,000,000.
    (18) Net Interest (900):
            Fiscal year 2005:
                    (A) New budget authority, $270,115,000,000.
                    (B) Outlays, $270,115,000,000.
            Fiscal year 2006:
                    (A) New budget authority, $317,196,000,000.
                    (B) Outlays, $317,196,000,000.
            Fiscal year 2007:
                    (A) New budget authority, $361,739,000,000.
                    (B) Outlays, $361,739,000,000.
            Fiscal year 2008:
                    (A) New budget authority, $394,951,000,000.
                    (B) Outlays, $394,951,000,000.
            Fiscal year 2009:
                    (A) New budget authority, $422,613,000,000.
                    (B) Outlays, $422,613,000,000.
    (19) Allowances (920):
            Fiscal year 2005:
                    (A) New budget authority, -$11,486,000,000.
                    (B) Outlays, -$4,584,000,000.
            Fiscal year 2006:
                    (A) New budget authority, -$779,000,000.
                    (B) Outlays, -$3,627,000,000.
            Fiscal year 2007:
                    (A) New budget authority, -$987,000,000.
                    (B) Outlays, -$2,329,000,000.
            Fiscal year 2008:
                    (A) New budget authority, -$993,000,000.
                    (B) Outlays, -$2,091,000,000.
            Fiscal year 2009:
                    (A) New budget authority, -$998,000,000.
                    (B) Outlays, -$1,542,000,000.
    (20) Undistributed Offsetting Receipts (950):
            Fiscal year 2005:
                    (A) New budget authority, -$52,505,000,000.
                    (B) Outlays, -$52,505,000,000.
            Fiscal year 2006:
                    (A) New budget authority, -$59,848,000,000.
                    (B) Outlays, -$59,848,000,000.
            Fiscal year 2007:
                    (A) New budget authority, -$62,437,000,000.
                    (B) Outlays, -$62,437,000,000.
            Fiscal year 2008:
                    (A) New budget authority, -$63,482,000,000.
                    (B) Outlays, -$63,482,000,000.
            Fiscal year 2009:
                    (A) New budget authority, -$62,725,000,000.
                    (B) Outlays, -$62,725,000,000.

                        TITLE II--RECONCILIATION

SEC. 201. RECONCILIATION IN THE SENATE.

    (a) Tax Relief.--The Senate Committee on Finance shall report a 
reconciliation bill not later than September 30, 2004, that consists of 
changes in laws within its jurisdiction sufficient to reduce revenues 
by not more than $12,311,000,000 for fiscal year 2005 and 
$80,642,000,000 for the period of fiscal years 2005 through 2009, and 
to increase outlays by not more than $2,000,000,000 for the period of 
fiscal years 2005 through 2009.
    (b) Increase in Statutory Debt Limit.--The Committee on Finance 
shall report a reconciliation bill not later than September 30, 2004, 
that consists solely of changes in laws within its jurisdiction to 
increase the statutory debt limit by $664,028,000,000.

                TITLE III--RESERVE FUNDS AND ADJUSTMENTS

                       Subtitle A--Reserve Funds

SEC. 301. RESERVE FUND FOR HEALTH INSURANCE FOR THE UNINSURED.

    If the Committee on Finance or the Committee on Health, Education, 
Labor, and Pensions of the Senate reports a bill or joint resolution, 
or an amendment thereto is offered or a conference report thereon is 
submitted, that provides health insurance or expands access to care for 
the uninsured (including a measure providing for tax deductions for the 
purchase of health insurance or other measures) and including 
legislation to reallocate and maintain expiring SCHIP funds rather than 
allowing such funds to revert to the Treasury, increases access to 
health insurance through lowering costs, and does not increase the 
costs of current health insurance coverage, the chairman of the 
Committee on the Budget may revise allocations of new budget authority 
and outlays, the revenue aggregates, and other appropriate aggregates 
to reflect such legislation, provided that such legislation would not 
increase the deficit for fiscal year 2005 and for the period of fiscal 
years 2005 through 2009.

SEC. 302. RESERVE FUND FOR HIGHER EDUCATION.

    If the Committee on Health, Education, Labor, and Pensions of the 
Senate reports a bill or joint resolution, or if an amendment thereto 
is offered or a conference report thereon is submitted, that provides, 
funding for--
            (1) the reauthorization of the Higher Education Act of 
        1965, the chairman of the Committee on the Budget may revise 
        committee allocations for that committee and other appropriate 
        budgetary aggregates and allocations of new budget authority 
        and outlays by the amount provided by that measure for that 
        purpose, but not to exceed $1,000,000,000 in new budget 
        authority and $1,000,000,000 in outlays for fiscal year 2005, 
        $5,000,000,000 in new budget authority and $5,000,000,000 in 
        outlays for the period of fiscal years 2005 through 2009; and
            (2) a measure that eliminates the accumulated shortfall of 
        budget authority resulting from insufficient appropriations of 
        discretionary new budget authority previously enacted for the 
        Federal Pell Grant Program for awards made through award year 
        2004-2005, the chairman of the Committee on the Budget may 
        revise the committee allocation and other appropriate budgetary 
        aggregates by the amount provided by that measure for that 
        purpose, but not to exceed $3,700,000,000 in new budget 
        authority only for fiscal year 2005.

SEC. 303. RESERVE FOR ENERGY LEGISLATION.

    If a measure, predominately within the jurisdiction of the 
Committee on Energy and Natural Resources of the Senate (including a 
bill or joint resolution, an amendment or a conference report), is 
considered in the Senate that provides for a national energy policy and 
does not reduce revenues by more than $1,785,000,000 in 2005 and 
$15,092,000,000 for the period of fiscal years 2005 through 2009, the 
chairman of the Committee on the Budget may revise committee 
allocations for that committee and other appropriate budgetary 
aggregates and allocation of new budget authority and outlays by the 
amount provided by that measure for that purpose, but not to exceed 
$261,000,000 in new budget authority and $221,000,000 in outlays for 
fiscal year 2005 and $1,465,000,000 in new budget authority and 
$1,465,000,000 in outlays for the period of fiscal years 2005 through 
2009.

SEC. 304. RESERVE FUND FOR GUARD AND RESERVE HEALTH CARE.

    If the Committee on Armed Services or the Committee on 
Appropriations reports a bill or joint resolution, or an amendment 
thereto is offered or a conference report thereon is submitted that 
expands access to health care for members of the reserve component, the 
Chairman of the Committee on the Budget may revise allocations of new 
budget authority and outlays, the revenue aggregates, other appropriate 
aggregates, and the discretionary spending limits to reflect such 
legislation, providing that such legislation--
            (1) would not increase the deficit for fiscal year 2005 and 
        for the period of fiscal years 2005 through 2009, or would 
        offset such deficit increases through reduction of unobligated 
        balances from Iraqi reconstruction; and
            (2) does not exceed $5,600,000,000 for the period of fiscal 
        years 2005 through 2009.

SEC. 305. RESERVE FUND FOR MONTGOMERY GI BILL BENEFITS.

    If the Committee on Armed Services or the Committee on 
Appropriations reports a bill or joint resolution, or an amendment 
thereto is offered or a conference report thereon is submitted, that 
increases benefit levels under the Montgomery GI Bill for members of 
the Selected Reserves, the Chairman of the Committee on the Budget may 
revise allocations of new budget authority and outlays, the revenue 
aggregates, other appropriate aggregates, and the discretionary 
spending limits to reflect such legislation, providing that such 
legislation--
            (1) would not increase the deficit for fiscal year 2005 and 
        for the period of fiscal years 2005 through 2009; and
            (2) does not exceed $1,200,000,000 for the period of fiscal 
        years 2005 through 2009.

SEC. 306. RESERVE FOR FUNDING OF HOPE CREDIT.

    If the Committee on Finance of the Senate reports a bill or joint 
resolution, or an amendment thereto is offered or a conference report 
thereon is submitted, that increases the Hope credit to $4,000, makes 
the credit available for 4 years, and makes the credit refundable, the 
chairman of the Committee on the Budget may revise committee 
allocations for the Committee on Finance and other appropriate 
budgetary aggregates and allocations of new budget authority and 
outlays by the amount provided by that measure for that purpose, if it 
would not increase the deficit for fiscal year 2005 or for the total of 
fiscal years 2005 though 2009.

SEC. 307. RESERVE FUND FOR EXPANSION OF PEDIATRIC VACCINE DISTRIBUTION 
              PROGRAM.

    If the Committee on Finance of the Senate reports a bill or joint 
resolution, or an amendment thereto is offered or a conference report 
thereon is submitted, that expands the pediatric vaccine distribution 
program established under section 1928 of the Social Security Act (42 
U.S.C. 1396s) to include coverage for children administered a vaccine 
at a public health clinic or Indian clinic and repeals the price cap 
for pre-1993 vaccines, the chairman of the Committee on the Budget may 
revise allocations of new budget authority and outlays, the revenue 
aggregates, and other appropriate aggregates to reflect such 
legislation, provided that such legislation would not increase the 
deficit for fiscal year 2005 and for the period of fiscal years 2005 
through 2009.

SEC. 308. RESERVE FUND FOR ADDRESSING MINORITY HEALTH DISPARITIES.

    If the Committee on Appropriations of the Senate reports a bill or 
joint resolution, or an amendment thereto is offered or a conference 
report thereon is submitted, that addresses minority health disparities 
through activities including those at the HHS Office of Minority 
Health, the Office of Civil Rights, the National Center on Minority 
Health and Health Disparities, the Minority HIV/AIDS initiative, health 
professions training, and through the Racial and Ethnic Approaches to 
Community Health at the Centers for Disease Control and provides not to 
exceed $400,000,000 in new budget authority for fiscal year 2005, the 
chairman of the Committee on the Budget may revise allocations of new 
budget authority and outlays and other appropriate aggregates to 
reflect such legislation, provided that such legislation would not 
increase the deficit for fiscal year 2005 and for the period of fiscal 
years 2005 through 2009.

SEC. 309. RESERVE FOR POSTAL SERVICE REFORM.

    If the Committee on Governmental Affairs of the Senate reports a 
bill or joint resolution, or an amendment thereto is offered or a 
conference report thereon is submitted, that reforms the United States 
Postal Service to improve its economic viability, the Chairman of the 
Committee on the Budget may revise committee allocations for the 
Committee on Governmental Affairs and other appropriate budgetary 
aggregates and allocations of new budget authority and outlays by the 
amount provided by that measure for that purpose, if that measure would 
not increase the deficit for fiscal year 2005 and for the period of 
fiscal years 2005 though 2009.

     Subtitle B--Adjustments With Respect to Discretionary Spending

SEC. 311. ADJUSTMENT FOR SURFACE TRANSPORTATION.

    (a) In General.--If the Committee on Transportation and 
Infrastructure of the House or the Committee on Environment and Public 
Works, the Committee on Banking, Housing, and Urban Affairs, or the 
Committee on Commerce, Science, and Transportation of the Senate 
reports a bill or joint resolution, or if an amendment thereto is 
offered or a conference report thereon is submitted, that provides new 
budget authority for the budget accounts or portions thereof in the 
highway and transit categories as defined in subparagraphs (B) and (C) 
of section 250(c)(4) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 in excess of--
            (1) for fiscal year 2005, $41,772,000,000; or
            (2) for fiscal years 2005 through 2009, $207,293,000,000;
the chairman of the Committee on the Budget may adjust the appropriate 
budget aggregates and increase the allocation of new budget authority 
to such committee for fiscal year 2005 and for the period of fiscal 
years 2005 through 2009 to the extent such excess is offset by an 
increase in net new user-fee receipts related to the purposes of the 
highway trust fund that are appropriated to such fund for the 
applicable fiscal year caused by such legislation. In the Senate, any 
increase in receipts shall be reported from the Committee on Finance.
    (b) Adjustment for Outlays.--(1) For fiscal year 2005, in the 
Senate, if a bill or joint resolution is reported, or if an amendment 
thereto is offered or a conference report thereon is submitted, that 
changes obligation limitations such that the total limitations are in 
excess of $40,600,000,000 for fiscal year 2005, for programs, projects, 
and activities within the highway and transit categories as defined in 
subparagraphs (B) and (C) of section 250(c)(4) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 and if legislation has been 
enacted that satisfies the conditions set forth in subsection (a) for 
such fiscal year, the appropriate chairman of the Committee on the 
Budget may increase the allocation of outlays and appropriate 
aggregates for such fiscal year for the committee reporting such 
measure by the amount of outlays that corresponds to such excess 
obligation limitations, but not to exceed the amount of such excess 
that was offset in 2005 pursuant to subsection (a).
    (2) For fiscal year 2006, in the Senate, if a bill or joint 
resolution is reported, or if an amendment thereto is offered or a 
conference report thereon is submitted, that changes obligation 
limitations such that the total limitations are in excess of 
$40,621,000,000 for fiscal year 2005, for programs, projects, and 
activities within the highway and transit categories as defined in 
subparagraphs (B) and (C) of section 250(c)(4) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 and if legislation has been 
enacted that satisfies the conditions set forth in subsection (a) for 
such fiscal year, the chairman of the Committee on the Budget may 
increase the allocation of outlays and appropriate aggregates for such 
fiscal year for the committee reporting such measure by the amount of 
outlays that corresponds to such excess obligation limitations, but not 
to exceed the amount of such excess that was offset in 2006 pursuant to 
subsection (a).

SEC. 312. SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND RELATED ACTIVITIES 
              FOR FISCAL YEAR 2005.

    If the President transmits a budget request for additional 
resources for activities in Iraq and Afghanistan and if the Committee 
on Appropriations of the Senate reports legislation providing 
additional discretionary appropriations in excess of the levels assumed 
in this resolution for defense-related activities for fiscal year 2005, 
the chairman of the Committee on the Budget may revise the allocation 
(and all other appropriate levels and aggregates set out in this 
resolution) for that committee for such purpose but not to exceed: 
$30,000,000,000 in new budget authority for fiscal year 2005 and the 
outlays that flow therefrom.

SEC. 313. ADJUSTMENT FOR WILDLAND FIRE SUPPRESSION.

    (a) Findings.--The Senate makes the following findings:
            (1) Due to the expansion of the wildland urban interface, 
        severe drought conditions in many regions of the country, and 
        the poor health of the Nation's forests and rangelands, the 
        Forest Service and Department of the Interior regularly spend 
        more than the amount appropriated for fire suppression, and 
        then borrow from other accounts to pay for fire suppression.
            (2) This borrowing has a negative effect on many Forest 
        Service and Department of the Interior programs.
            (3) This resolution provides an amount equal to the 10-year 
        average for fire suppression in fiscal year 2005.
            (4) The Senate recommends that the Forest Service and the 
        Department of the Interior address cost containment within the 
        fire suppression account, and report to Congress regarding how 
        funds appropriated pursuant to this section are used.
    (b) Cap Adjustment.--
            (1) Definition.--For this subsection, the term ``base 
        amount'' refers to the average of the obligations of the 
        preceding 10 years for wildfire suppression in the Forest 
        Service and the Department of the Interior, calculated as of 
        the date of the applicable year's budget request is submitted 
        by the President to Congress.
            (2) Adjustments for fiscal years 2005 and 2006.--If the 
        amount appropriated for Wildland Fire Suppression in a fiscal 
        year is not less than the base amount, then the chairman of the 
        Committee on the Budget may adjust the appropriate allocations 
        and other budgetary levels in the most recently agreed to 
        concurrent resolution on the budget for any bill, joint 
        resolution, amendment, motion, or conference report that 
        provides additional funding for wildland fire suppression, but 
        not to exceed--
                    (A) for the Forest Service--
                            (i) for fiscal year 2005, $400,000,000; and
                            (ii) for fiscal year 2006, $400,000,000; 
                        and
                    (B) for the Department of the Interior--
                            (i) for fiscal year 2005, $100,000,000; and
                            (ii) for fiscal year 2006, $100,000,000.
            (3) Special rule for fiscal year 2004.--If additional 
        funding for wildland fire suppression for fiscal year 2004 is 
        provided in a bill, joint resolution, amendment, motion, or 
        conference report, then the chairman of the Committee on the 
        Budget may determine that such amounts shall not be counted for 
        the purposes of the Congressional Budget Act of 1974 and this 
        resolution, provided that such amounts do not exceed--
                    (A) for the Forest Service, for fiscal year 2004, 
                $400,000,000; and
                    (B) for the Department of the Interior, for fiscal 
                year 2004, $100,000,000.

SEC. 314. RESERVE FUND FOR ELIMINATING SURVIVOR BENEFIT PLAN-SOCIAL 
              SECURITY OFFSET.

    If the Committee on Armed Services or the Committee on 
Appropriations reports a bill or joint resolution, or an amendment 
thereto is offered or a conference report thereon is submitted, that 
provides for an increase to the minimum Survivor Benefit Plan basic 
annuity for surviving spouses age 62 and older, the Chairman of the 
Committee on the Budget shall revise the aggregates, functional totals, 
allocations, discretionary caps, and other appropriate levels and 
limits in this resolution by up to $2,757,000,000 in budget authority 
and $2,757,000,000 in outlays over the total of fiscal years 2005 
through 2009.

                      TITLE IV--BUDGET ENFORCEMENT

SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), it shall not 
be in order in the Senate to consider any bill, joint resolution, 
motion, amendment, or conference report that would provide an advance 
appropriation.
    (b) Accounts.--An advance appropriation may be provided for fiscal 
years 2006 and 2007 for programs, projects, activities, or accounts 
identified in the joint explanatory statement of managers accompanying 
this resolution under the heading ``Accounts Identified for Advance 
Appropriations'' in an aggregate amount not to exceed $23,158,000,000 
in new budget authority in each year.
    (c) Point of Order.--
            (1) Waiver.--In the Senate, subsection (a) may be waived or 
        suspended only by an affirmative vote of three-fifths of the 
        Members, duly chosen and sworn. An affirmative vote of three-
        fifths of the Members of the Senate, duly chosen and sworn, 
        shall be required to sustain an appeal of the ruling of the 
        Chair on a point of order raised under subsection (a).
            (2) Procedure.--A point of order under subsection (a) may 
        be raised by a Senator as provided in section 313(e) of 
        Congressional Budget Act of 1974.
            (3) Conference report.--If a point of order is sustained 
        under subsection (a) against a conference report in the Senate, 
        the report shall be disposed of as provided in section 313(d) 
        of the Congressional Budget Act of 1974.
    (d) Advance Appropriation.--In this section, the term ``advance 
appropriation'' means any discretionary new budget authority in a bill 
or joint resolution--
            (1) making general appropriations or continuing 
        appropriations for fiscal year 2005 that first becomes 
        available for any fiscal year after 2005; or
            (2) making general appropriations or continuing 
        appropriations for fiscal year 2006 that first becomes 
        available for any fiscal year after 2006.

SEC. 402. EXTENSION OF EMERGENCY RULE IN THE SENATE.

    Section 502(c) of H. Con. Res. 95 (108th Cong., 1st. Sess.) is 
amended to read as follows:
    ``(c) In the Senate.--
            ``(1) Authority to designate.--In the Senate, with respect 
        to a provision of direct spending or receipts legislation or 
        appropriations for discretionary accounts that the President 
        designates as an emergency requirement and that Congress so 
        designates in such measure, the amounts of new budget 
        authority, outlays, and receipts in all fiscal years resulting 
        from that provision shall be treated as an emergency 
        requirement for the purpose of this section.
            ``(2) Exemption of emergency provisions.--In the Senate, 
        any new budget authority, outlays, and receipts resulting from 
        any provision designated as an emergency requirement, pursuant 
        to this section, in any bill, joint resolution, amendment, or 
        conference report shall not count for purposes of sections 302, 
        303, 311, and 401 of the Congressional Budget Act of 1974 and 
        any concurrent resolution on the budget.
            ``(3) Designations.--
                    ``(A) Guidance.--In the Senate, if a provision of 
                legislation is designated as an emergency requirement 
                under this section, the committee report and any 
                statement of managers accompanying that legislation 
                shall include an explanation of the manner in which the 
                provision meets the criteria in subparagraph (B).
                    ``(B) Criteria.--
                            ``(i) In general.--Any such provision is an 
                        emergency requirement if the situation 
                        addressed by such provision is--
                                    ``(I) necessary, essential, or 
                                vital (not merely useful or 
                                beneficial);
                                    ``(II) sudden, quickly coming into 
                                being, and not building up over time;
                                    ``(III) an urgent, pressing, and 
                                compelling need requiring immediate 
                                action;
                                    ``(IV) subject to clause (ii), 
                                unforeseen, unpredictable, and 
                                unanticipated; and
                                    ``(V) not permanent, temporary in 
                                nature.
                            ``(ii) Unforeseen.--An emergency that is 
                        part of an aggregate level of anticipated 
                        emergencies, particularly when normally 
                        estimated in advance, is not unforeseen.
            ``(4) Definitions.--In this subsection, the terms `direct 
        spending', `receipts', and `appropriations for discretionary 
        accounts' means any provision of a bill, joint resolution, 
        amendment, motion, or conference report that affects direct 
        spending, receipts, or appropriations as those terms have been 
        defined and interpreted for purposes of the Balanced Budget and 
        Emergency Deficit Control Act of 1985.
            ``(5) Point of order.--When the Senate is considering a 
        bill, resolution, amendment, motion, or conference report, if a 
        point of order is made by a Senator against an emergency 
        designation in that measure, that provision making such a 
        designation shall be stricken from the measure and may not be 
        offered as an amendment from the floor.
            ``(6) Waiver and appeal.--Paragraph (5) may be waived or 
        suspended in the Senate only by an affirmative vote of three-
        fifths of the Members, duly chosen and sworn. An affirmative 
        vote of three-fifths of the Members of the Senate, duly chosen 
        and sworn, shall be required to sustain an appeal of the ruling 
        of the Chair on a point of order raised under this section.
            ``(7) Definition of an emergency designation.--For purposes 
        of paragraph (5), a provision shall be considered an emergency 
        designation if it designates any item as an emergency 
        requirement pursuant to this section.
            ``(8) Form of the point of order.--A point of order under 
        paragraph (5) may be raised by a Senator as provided in section 
        313(e) of the Congressional Budget Act of 1974.
            ``(9) Conference reports.--If a point of order is sustained 
        under paragraph (5) against a conference report, the report 
        shall be disposed of as provided in section 313(d) of the 
        Congressional Budget Act of 1974.
            ``(10) Exception for defense spending.--Paragraph (5) shall 
        not apply against an emergency designation for a provision 
        making discretionary appropriations in the defense category.''.

SEC. 403. DISCRETIONARY SPENDING LIMITS IN THE SENATE.

    (a) Discretionary Spending Limits.--In the Senate and as used in 
this section, the term ``discretionary spending limit'' means--
            (1) for fiscal year 2005--
                    (A) $819,673,000,000 in new budget authority and 
                $823,694,000,000 in outlays for the discretionary 
                category;
                    (B) for the highway category, $33,393,000,000 in 
                outlays; and
                    (C) for the mass transit category, $1,488,000,000 
                in new budget authority, and $6,726,000,000 in outlays; 
                and
            (2) for fiscal year 2006 $852,257,000,000 in new budget 
        authority, and $885,860,000,000 in outlays for the 
        discretionary category.
    (b) Discretionary Spending Point of Order in the Senate.--
            (1) In general.--Except as otherwise provided in this 
        subsection, it shall not be in order in the Senate to consider 
        any bill or resolution (including a concurrent resolution on 
        the budget) or amendment, motion, or conference report thereon 
        that would exceed any of the discretionary spending limits in 
        this section.
            (2) Waiver.--This subsection may be waived or suspended in 
        the Senate only by the affirmative vote of three-fifths of the 
        Members, duly chosen and sworn.
            (3) Appeals.--Appeals in the Senate from the decisions of 
        the Chair relating to any provision of this subsection shall be 
        limited to 1 hour, to be equally divided between, and 
        controlled by, the appellant and the manager of the bill or 
        joint resolution, as the case may be. An affirmative vote of 
        three-fifths of the Members of the Senate, duly chosen and 
        sworn, shall be required to sustain an appeal of the ruling of 
        the Chair on a point of order raised under this subsection.
    (c) Adjustments.--
            (1) In general.--
                    (A) Chairman.--After the reporting of a bill or 
                joint resolution, or the offering of an amendment 
                thereto or the submission of a conference report 
                thereon, the chairman of the Committee on the Budget 
                may make the adjustments set forth in subparagraph (B) 
                for the amount of new budget authority in that measure 
                (if that measure meets the requirements set forth in 
                paragraph (2)) and the outlays flowing from that budget 
                authority.
                    (B) Matters to be adjusted.--The adjustments 
                referred to in subparagraph (A) are to be made to--
                            (i) the discretionary spending limits, if 
                        any, set forth in the appropriate concurrent 
                        resolution on the budget;
                            (ii) the allocations made pursuant to the 
                        appropriate concurrent resolution on the budget 
                        pursuant to section 302(a) of the Congressional 
                        Budget Act of 1974; and
                            (iii) the budgetary aggregates as set forth 
                        in the appropriate concurrent resolution on the 
                        budget.
            (2) Amounts of adjustments.--The adjustment referred to in 
        paragraph (1) shall be--
                    (A) an amount provided for transportation under 
                section 311;
                    (B) an amount provided for the fiscal year 2005 
                supplemental appropriation pursuant to section 312; and
                    (C) an amount provided for fire suppression 
                pursuant to section 313.
            (3) Reporting revised suballocations.--Following any 
        adjustment made under paragraph (1), the Committee on 
        Appropriations of the Senate shall report appropriately revised 
        suballocations under section 302(b) to carry out this 
        subsection.

SEC. 404. SCORING RULES.

    (a) Funding for Bioshield.--The chairman of the Committee on the 
Budget of the Senate shall revise the aggregates, functional totals, 
and allocations to the Committee on Appropriations of the Senate, 
discretionary spending limits, and other appropriate levels and limits 
in this resolution by $2,528,000,000 in budget authority for fiscal 
year 2005, and by the amount of outlays flowing therefrom in fiscal 
year 2005 and subsequent years for Project Bioshield, for a bill, joint 
resolution, amendment, or conference report that makes appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2005.
    (b) Energy Savings Performance Contract Program.--In recognition 
that the energy savings performance contract program recoups its costs 
through guaranteed savings without increasing budgetary outlays, the 
Congressional Budget Office shall score the energy savings performance 
contract program under title VIII of the National Energy Conservation 
Policy Act (42 U.S.C. 801 et seq.) as zero. For the purposes of any 
point of order under any concurrent resolution on the budget and the 
Congressional Budget Act of 1974, the cost of the energy savings 
performance contract program under title VIII of the National Energy 
Conservation Policy Act (42 U.S.C. 801 et seq.) shall be zero.

SEC. 405. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND DEFINITIONS.

    (a) In the Senate, upon the enactment of a bill or joint resolution 
providing for a change in concepts or definitions, the chairman of the 
Committee on the Budget shall make adjustments to the levels and 
allocations in this resolution in accordance with section 251(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (as in effect 
prior to September 30, 2002).
    (b) If the Committee on Appropriations reports a bill or 
resolution, or if an amendment thereto is offered or a conference 
report thereon is submitted, that changes the nature of offsetting 
receipts collected from the Power Marketing Administration from 
mandatory to discretionary, the chairman of the Committee on the Budget 
may revise the appropriate allocations for such committee and other 
appropriate levels in this resolution.

SEC. 406. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS AND 
              AGGREGATES.

    (a) Application.--Any adjustments of allocations and aggregates 
made pursuant to this resolution shall--
            (1) apply while that measure is under consideration;
            (2) take effect upon the enactment of that measure; and
            (3) be published in the Congressional Record as soon as 
        practicable.
    (b) Effect of Changed Allocations and Aggregates.--Revised 
allocations and aggregates resulting from these adjustments shall be 
considered for the purposes of the Congressional Budget Act of 1974 as 
allocations and aggregates contained in this resolution.
    (c) Budget Committee Determinations.--For purposes of this 
resolution--
            (1) the levels of new budget authority, outlays, direct 
        spending, new entitlement authority, revenues, deficits, and 
        surpluses for a fiscal year or period of fiscal years shall be 
        determined on the basis of estimates made by the appropriate 
        Committee on the Budget; and
            (2) such chairman may make any other necessary adjustments 
        to such levels to carry out this resolution.

SEC. 407. EXERCISE OF RULEMAKING POWERS.

    Congress adopts the provisions of this title--
            (1) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such 
        they shall be considered as part of the rules of each House, or 
        of that House to which they specifically apply, and such rules 
        shall supersede other rules only to the extent that they are 
        inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change those rules (so far as they relate to 
        that House) at any time, in the same manner, and to the same 
        extent as in the case of any other rule of that House.

SEC. 408. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.

    (a) Point of Order.--
            (1) In general.--It shall not be in order in the Senate to 
        consider any direct spending or revenue legislation that would 
        increase the on-budget deficit or cause an on-budget deficit 
        for any one of the three applicable time periods as measured in 
        paragraphs (5) and (6).
            (2) Applicable time periods.--For purposes of this 
        subsection, the term ``applicable time period'' means any 1 of 
        the 3 following periods:
                    (A) The first year covered by the most recently 
                adopted concurrent resolution on the budget.
                    (B) The period of the first 5 fiscal years covered 
                by the most recently adopted concurrent resolution on 
                the budget.
                    (C) The period of the 5 fiscal years following the 
                first 5 fiscal years covered in the most recently 
                adopted concurrent resolution on the budget.
            (3) Direct-spending legislation.--For purposes of this 
        subsection and except as provided in paragraph (4), the term 
        ``direct-spending legislation'' means any bill, joint 
        resolution, amendment, motion, or conference report that 
        affects direct spending as that term is defined by, and 
        interpreted for purposes of, the Balanced Budget and Emergency 
        Deficit Control Act of 1985.
            (4) Exclusion.--For purposes of this subsection, the terms 
        ``direct-spending legislation'' and ``revenue legislation'' do 
        not include--
                    (A) any concurrent resolution on the budget; or
                    (B) any provision of legislation that affects the 
                full funding of, and continuation of, the deposit 
                insurance guarantee commitment in effect on the date of 
                enactment of the Budget Enforcement Act of 1990.
            (5) Baseline.--Estimates prepared pursuant to this section 
        shall--
                    (A) use the baseline surplus or deficit used for 
                the most recently adopted concurrent resolution on the 
                budget; and
                    (B) be calculated under the requirements of 
                subsections (b) through (d) of section 257 of the 
                Balanced Budget and Emergency Deficit Control Act of 
                1985 for fiscal years beyond those covered by that 
                concurrent resolution on the budget.
            (6) Prior surplus.--If direct spending or revenue 
        legislation increases the on-budget deficit or causes an on-
        budget deficit when taken individually, it must also increase 
        the on-budget deficit or cause an on-budget deficit when taken 
        together with all direct spending and revenue legislation 
        enacted since the beginning of the calendar year not accounted 
        for in the baseline under paragraph (5)(A), except that direct 
        spending or revenue effects resulting in net deficit reduction 
        enacted pursuant to reconciliation instructions since the 
        beginning of that same calendar year shall not be available.
    (b) Waiver.--This section may be waived or suspended in the Senate 
only by the affirmative vote of three-fifths of the Members, duly 
chosen and sworn.
    (c) Appeals.--Appeals in the Senate from the decisions of the Chair 
relating to any provision of this section shall be limited to 1 hour, 
to be equally divided between, and controlled by, the appellant and the 
manager of the bill or joint resolution, as the case may be. An 
affirmative vote of three-fifths of the Members of the Senate, duly 
chosen and sworn, shall be required to sustain an appeal of the ruling 
of the Chair on a point of order raised under this section.
    (d) Determination of Budget Levels.--For purposes of this section, 
the levels of new budget authority, outlays, and revenues for a fiscal 
year shall be determined on the basis of estimates made by the 
Committee on the Budget of the Senate.
    (e) Sunset.--This section shall expire on September 30, 2009.

                      TITLE V--SENSE OF THE SENATE

SEC. 501. SENSE OF THE SENATE ON BUDGET PROCESS REFORM.

    It is the sense of the Senate that Congress and the President 
should work together to enact budget process reform legislation that 
would include mechanisms to restrain Government spending. Such 
legislation may include--
            (1) deficit targets that, when exceeded, would result in 
        across-the-board reductions in Federal spending except Social 
        Security, Medicare, and Veterans' benefits;
            (2) revision of the content of budget resolutions to 
        increase their focus on aggregate levels, and to include easily 
        understood enforcement tools such as--
                    (A) discretionary spending limits;
                    (B) pay-as-you-go; and
                    (C) explicit committee allocations;
            (3) emergency spending procedures which budget for 
        emergency needs;
            (4) pay-as-you-go limitations which apply to non-budget 
        expenditures;
            (5) limitations on unauthorized appropriations; and
            (6) enhanced rescission or constitutional line-item veto 
        authority for the President.

SEC. 502. SENSE OF THE SENATE ON BUDGET PROCESS REFORM WITH REGARD TO 
              THE CREATION OF BIPARTISAN COMMISSIONS TO COMBAT WASTE, 
              FRAUD, AND ABUSE AND TO PROMOTE SPENDING EFFICIENCY.

    (a) Waste, Fraud, and Abuse.--It is the sense of the Senate that 
legislation should be enacted that would create a bipartisan commission 
for the purpose of--
            (1) submitting recommendations on ways to eliminate waste, 
        fraud, and abuse; and
            (2) to provide recommendations on ways in which to achieve 
        cost savings through enhancing program efficiencies in all 
        discretionary and entitlement programs.
The findings of the commission should be made on an annual basis, and 
should be presented in conjunction with the submission of the 
President's budget request to Congress.
    (b) Efficiency.--It is the sense of the Senate that a bipartisan 
commission should be established to--
            (1) audit Federal domestic agencies, and programs within 
        such agencies, with the express purpose of providing Congress 
        with recommendations, and legislation;
            (2) implement those recommendations; and
            (3) realign or eliminate government agencies and programs 
        that are duplicative, inefficient, outdated, irrelevant, or 
        have failed to accomplish their intended purpose.
The findings of the commission should be made on an annual basis, and 
should be presented in conjunction with the submission of the 
President's budget request to Congress.

SEC. 503. SENSE OF THE SENATE ON THE RELATIONSHIP BETWEEN ANNUAL 
              DEFICIT SPENDING AND INCREASES IN DEBT SERVICE COSTS.

    It is the sense of the Senate that the Congressional Budget Office 
shall consult with the Committee on the Budget of the Senate in order 
to prepare a report containing a discussion of--
            (1) the relationship between annual deficit spending and 
        increases in debt service costs;
            (2) the relationship between incremental increases in 
        discretionary spending and debt service costs; and
            (3) the feasibility of providing estimates of debt service 
        costs in the cost estimates prepared pursuant to section 308 of 
        the Congressional Budget Act of 1974.

SEC. 504. SENSE OF THE SENATE REGARDING THE COSTS OF THE MEDICARE 
              PRESCRIPTION DRUG PROGRAM.

    It is the sense of the Senate that the Committee on Finance of the 
Senate should report a bill that consists of changes in laws within its 
jurisdiction sufficient to ensure that spending within part D of the 
Medicare Prescription Drug Benefit program in fiscal years 2005 through 
2013 does not exceed the total of $409,000,000,000 as estimated by the 
Congressional Budget Office.

SEC. 505. SENSE OF THE SENATE REGARDING PAY PARITY.

    It is the sense of the Senate that--
            (1) compensation for civilian and military employees of the 
        United States, without whom we cannot successfully serve and 
        protect our citizens and taxpayers, must be sufficient to 
        support our critical efforts to recruit, retain, and reward 
        quality people effectively and responsibly; and
            (2) to achieve this objective, the rate of increase in the 
        compensation of civilian employees should be equal to that 
        proposed for the military in the President's Fiscal Year 2005 
        Budget.

SEC. 506. SENSE OF THE SENATE ON RETURNING STABILITY TO PAYMENTS UNDER 
              MEDICARE PHYSICIAN FEE SCHEDULE.

    (a) Findings.--The Senate finds that--
            (1) the fees Medicare pays physicians and other health 
        professionals were reduced by 5.4 percent across-the-board in 
        2002.
            (2) action by Congress in early 2003 narrowly averted a 
        4.4-percent across-the-board reduction in such fees that year;
            (3) in the fall of 2003, congressional action was once 
        again needed to prevent an across-the-board reduction of 4.5 
        percent in such fees for 2004, as well as an anticipated 
        further reduction in 2005;
            (4) based on current projections, estimates suggest that, 
        absent any action, fees will be significantly reduced across-
        the-board in 2006 and each year thereafter until at least 2010;
            (5) the prospect of continued payment reductions under the 
        Medicare physician fee schedule for the foreseeable future 
        threatens to destabilize an important element of the program, 
        namely physician participation and willingness to accept 
        Medicare patients;
            (6) there are major flaws in the formula Medicare uses to 
        reimburse physicians which result in steep cuts that adversely 
        impact Medicare beneficiaries' access to care; and
            (7) CMS should use its authority to exclude Medicare-
        covered drugs and biologics from the physician formula and 
        accurately reflect in the formula the direct and indirect cost 
        of increases due to coverage decisions, administrative actions, 
        and rules and regulations.
    (b) Sense of the Senate.--It is the sense of the Senate that, while 
recent actions by Congress have helped address the immediate reductions 
in reimbursement, further action by Congress is urgently needed to put 
in place a new formula or mechanism for updating Medicare physician 
fees in 2006 and thereafter, in order to ensure--
            (1) the long-term stability of the Medicare payment system 
        for physicians and other health care professionals, such that 
        payment rates keep pace with practice cost increases; and
            (2) future access to physicians' services for Medicare 
        beneficiaries.

SEC. 507. SENSE OF THE SENATE REGARDING THE USE OF FEDERAL FUNDS TO 
              SUPPORT AMERICAN COMPANIES AND AMERICAN WORKERS.

    (a) Findings.--The Senate finds that--
            (1) the United States has lost more than 2,200,000 
        manufacturing jobs since 2000;
            (2) the Bureau of Labor Statistics reported that 239,454 
        workers in a variety of sectors of the United States economy 
        lost their jobs as a result of mass layoffs in January 2004;
            (3) there are millions of long-term unemployed Americans 
        who have been unable to find work; and
            (4) the Buy American Act requires the Federal Government to 
        support American companies and American workers by buying 
        American-made goods.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
functional totals in this resolution assume that--
            (1) Federal departments and agencies will, to the maximum 
        extent possible, purchase goods and services from American 
        companies; and
            (2) Federal departments and agencies will ensure that, to 
        the maximum extent possible, the work required by Federal 
        contracts for goods and services will be performed in the 
        United States.

SEC. 508. SENSE OF THE SENATE REGARDING CLOSING THE ``TAX GAP''.

    (a) Findings.--The Senate finds that--
            (1) the Internal Revenue Service estimates that the gross 
        tax gap (the difference between the amount of taxes owed by 
        taxpayers and the amount actually collected) is now estimated 
        to be in excess of $300,000,000,000 annually;
            (2) the Internal Revenue Service reports that the rate of 
        voluntary and timely compliance from taxpayers in paying what 
        they owe is approximately 85 percent;
            (3) this overwhelming majority of honest and hardworking 
        taxpayers are forced to make up the shortfall that results from 
        taxpayers who fail to pay what they owe voluntarily;
            (4) a former Commissioner of Internal Revenue has estimated 
        that honest taxpayers are paying ``15 percent more'' than 
        necessary if the tax gap were closed;
            (5) the current Commissioner of Internal Revenue is 
        concerned that increasing numbers of taxpayers believe that 
        people are less likely to report their income taxes accurately 
        and more inclined to take a chance that they will not be 
        audited; and
            (6) that an increase in enforcement efforts on taxes 
        already due and owing can generate significant additional 
        revenues without raising taxes.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Internal Revenue Service should be provided the resources necessary to 
increase enforcement activities that would be concentrated on efforts 
to reduce the tax gap substantially by the end of fiscal year 2009.

SEC. 509. SENSE OF THE SENATE AMENDMENT ON DRUG COMPARATIVENESS 
              STUDIES.

    It is the sense of the Senate that the overall discretionary levels 
set in this resolution assume $75,000,000 in new budget authority in 
fiscal year 2005 and new outlays that flow from this budget authority 
in fiscal year 2005 and subsequent years, to fund new research and 
ongoing literature surveys in the Agency for Health Care Research and 
Quality. These activities will be designed to improve scientific 
evidence related to the comparative effectiveness and safety of 
prescription drugs and other treatments and to disseminate the findings 
and underlying data from such research to health care practitioners, 
consumers, and health care purchasers.

SEC. 510. SENSE OF THE SENATE REGARDING FUNDING FOR PORT SECURITY.

    (a) Findings.--The Senate makes the following findings:
            (1) In the United States, the system of maritime commerce, 
        including seaports and other ports, is a critical element of 
        the United States economic, social, and environmental 
        infrastructure.
            (2) In 2001, ports in the United States handled 
        approximately 5,400 ships, the majority of which were owned by 
        foreign persons and crewed by nationals of foreign countries, 
        that made a total of more than 60,000 calls at such ports.
            (3) In a typical year, more than 17,000,000 cargo 
        containers are handled at ports in the United States.
            (4) Maritime commerce is the primary mode of transportation 
        for international trade, with ships carrying more than 80 
        percent of such trade, by volume.
            (5) Disruption of trade flowing through United States ports 
        could have a catastrophic impact on both the United States and 
        the world economies.
            (6) In addition to the economic importance of United States 
        ports, such ports form a critical link in the United States 
        national security structure, and are necessary to ensure that 
        United States military material can be effectively and quickly 
        shipped to any location where such material is needed.
            (7) Terrorist groups, including extremist groups such as al 
        Qaeda, are likely to consider, formulate, and execute plans to 
        conduct a terrorist strike against one or more of the ports in 
        the United States.
            (8) Terrorists have conducted attacks against maritime 
        commerce in the past, including the October 2002 attack on the 
        French oil tanker LIMBERG and the October 2000 attack on the 
        USS COLE in Yemen.
            (9) It is critical that port security be enhanced and 
        improved through the adoption of better formulated security 
        procedures, the adoption of new regulations and law, and 
        investment in long-term capital improvements to the structure 
        of the United States most critical ports.
            (10) Effective funding to provide adequate security at 
        United States ports requires a commitment to provide Federal 
        funds over multiple years to fund long-term capital improvement 
        projects.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) the budget of the United States should provide adequate 
        funding for port security projects and not less than the amount 
        of such funding that is adequate to implement an effective port 
        security plan;
            (2) the implementation of the budget of the United States 
        should permit the provision of Federal funds over multiple 
        years to fund long-term security improvement projects at ports 
        in the United States; and
            (3) the Secretary of Homeland Security should, as soon as 
        practicable, develop a funding plan for port security that 
        permits funding over multiple years for such projects.

SEC. 511. SENSE OF THE SENATE REGARDING TRIBAL COLLEGES AND 
              UNIVERSITIES.

    (a) Findings.--The Senate finds the following:
            (1) American Indians from 250 federally recognized tribes 
        nationwide attend tribal colleges and universities, a majority 
        of whom are first-generation college students.
            (2) Tribal colleges and universities are located in some of 
        the most isolated and impoverished areas in the Nation, yet 
        they are the Nation's most poorly funded institutions of higher 
        education. While the Tribally Controlled College or University 
        Assistance Act, or ``Tribal College Act'' provides funding 
        based solely on Indian students, the colleges have open 
        enrollment policies providing access to postsecondary education 
        opportunities to all interested students, about 20 percent of 
        whom are non-Indian. With rare exception, tribal colleges and 
        universities do not receive operating funds from the States for 
        these non-Indian State resident students. Yet, if these same 
        students attended any other public institutions in their 
        States, the State would provide basic operating funds to the 
        institution.
            (3) While Congress has been increasing annual 
        appropriations for tribal colleges in recent years, the 
        President's fiscal year 2005 budget recommends a $5,500,000 
        decrease in institutional operating funds. This represents the 
        third consecutive year that the President's budget proposed 
        decreases that Congress must restore.
            (4) Because of congressional budget restorations, the 
        tribal colleges funded through titles I and II of the Tribally 
        Controlled College or University Assistance Act are within 
        $19,000,000 of full funding at their authorized level.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) this resolution recognizes the funding challenges faced 
        by tribal colleges and universities and assumes that priority 
        consideration will be provided to them through funding of the 
        Tribally Controlled College or University Assistance Act, the 
        Equity in Educational Land Grant Status Act, title III of the 
        Higher Education Act, and the National Science Foundation 
        Tribal College Program; and
            (2) such priority consideration reflects the intent of 
        Congress to continue to work toward statutory Federal funding 
        authorization goals for tribal colleges and universities.

SEC. 512. FINDINGS AND SENSE OF THE SENATE.

    (a) Findings.--The Senate finds that--
            (1) the United States is in the grip of pervasively higher 
        home energy prices;
            (2) high natural gas, heating oil, and propane prices are, 
        in general, having an effect that is rippling through the 
        United States economy and are, in particular, impacting home 
        energy bills;
            (3) while persons in many sectors can adapt to natural gas, 
        heating oil, and propane price increases, persons in some 
        sectors simply cannot;
            (4) elderly and disabled citizens who are living on fixed 
        incomes, the working poor, and other low-income individuals 
        face hardships wrought by high home energy prices;
            (5) the energy burden for persons among the working poor 
        often exceeds 20 percent of those persons' incomes under normal 
        conditions;
            (6) under current circumstances, home energy prices are 
        unnaturally high, and these are not normal circumstances;
            (7) while critically important and encouraged, State energy 
        assistance and charitable assistance funds have been 
        overwhelmed by the crisis caused by the high home energy 
        prices;
            (8) the Federal Low-Income Home Energy Assistance Program 
        (referred to in this section as ``LIHEAP'') and the companion 
        weatherization assistance program (referred to in this section 
        as ``WAP''), are the Federal Government's primary means to 
        assist eligible low-income individuals in the United States to 
        shoulder the burdens caused by their home cooling and heating 
        needs;
            (9) in 2003, LIHEAP reached only 15 percent of the persons 
        in the United States who were eligible for assistance under the 
        program;
            (10) since LIHEAP's inception, its inflation-adjusted 
        buying power has eroded by 58 percent; and
            (11) current Federal funding for LIHEAP is not sufficient 
        to meet the cooling and heating needs of low-income families.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
levels in this concurrent resolution assume--
            (1) an adequate increase in funding for each of fiscal 
        years 2005 and 2006 to carry out the LIHEAP program;
            (2) an adequate increase in funding for fiscal year 2005 
        and an adequate increase in funding for fiscal year 2006 to 
        carry out the WAP program;
            (3) appropriations, for these programs, of sufficient 
        additional funds to realistically address the cooling and 
        heating needs of low-income families; and
            (4) advance appropriations of the necessary funds to ensure 
        the smooth operation of the programs during times of peak 
        demand.

SEC. 513. SENSE OF THE SENATE SUPPORTING FUNDING RESTORATION FOR 
              AGRICULTURE RESEARCH AND EXTENSION.

    (a) Findings.--Congress finds that--
            (1) funding for 33 programs administered by the Cooperative 
        State Research, Education, and Extension Service of the 
        Department of Agriculture were each reduced by 10 percent in 
        the Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2004 
        (118 Stat. 9);
            (2) those cuts are already hurting a wide range of proven 
        programs that help people, communities, and businesses;
            (3) the cuts have put at risk important advances made in 
        all 50 States and United States territories, including--
                    (A) combating obesity through programs such as the 
                Expanded Food and Nutrition Education Program;
                    (B) expanding environmentally-minded pest 
                management programs;
                    (C) ensuring food safety; and
                    (D) educating farmers and ranchers about new 
                sustainable agricultural practices;
            (4) the National Research Initiative is the flagship 
        competitive grants program funded through the Cooperative State 
        Research, Education, and Extension Service;
            (5) because of limited funding the Service is able to fund 
        only a small fraction of the meritorious research proposals 
        that the Service receives under the National Research 
        Initiative program; and
            (6) base funding at the Service that supports the research 
        infrastructure has fallen steadily over the past decade.
    (b) Sense of the Senate.--It is the sense of the Senate that levels 
in this concurrent resolution assume that in making appropriations and 
revenue decisions, the Senate supports--
            (1) the restoration of the 33 accounts of the Cooperative 
        State Research, Education, and Extension Service;
            (2) the fiscal year 2005 funding of the National Research 
        Initiative; and
            (3) the fiscal year 2005 funding of competitive research 
        programs of the Cooperative State Research, Education, and 
        Extension Service in an amount that is adequate to--
                    (A) fight obesity and stave off chronic diseases;
                    (B) combat insects and animal and plant diseases;
                    (C) establish new crops, improved livestock, and 
                economic opportunities for producers; and
                    (D) keep pathogens and other dangers out of the 
                air, water, soil, plants, and animals.

SEC. 514. RESERVE FUND FOR HOMELAND SECURITY GRANT PROGRAM, ASSISTANCE 
              TO FIREFIGHTER GRANTS, AND PORT SECURITY GRANTS.

    The Chairman of the Committee on the Budget of the Senate shall 
revise the aggregates, functional totals, allocations to the Committee 
on Appropriations of the Senate, discretionary spending limits, and 
other appropriate levels and limits in this resolution by up to 
$1,545,000,000 in budget authority for fiscal year 2005, and by the 
amount of outlays flowing therefrom in 2005 and subsequent years, for a 
bill, amendment, motion, or conference report that provides additional 
fiscal year 2005 discretionary appropriations, in excess of the levels 
provided in this resolution, for the programs at the Department of 
Homeland Security.

SEC. 515. STATE HOMELAND SECURITY GRANT PROGRAM.

    It is the sense of the Senate that, of the funds for the Department 
of Homeland Security, $800,000,000 shall be allocated for the State 
Homeland Security Grant program; $250,000,000 for the Assistance to 
Firefighters Grant program; and $275,000,000 for Port Security Grants. 
It is further the sense of the Senate that the State Homeland Security 
Grant Program shall be increased by $220,000,000 in order to provide 
for a more equitable formula for distributing funds.

SEC. 516. STRATEGIC PETROLEUM RESERVE.

    It is the sense of the Senate that the increased funding for the 
Homeland Security Department programs shall come from the cancellation 
of planned future deliveries of oil to the Strategic Petroleum Reserve.

SEC. 517. SENSE OF THE SENATE CONCERNING A NATIONAL ANIMAL 
              IDENTIFICATION PROGRAM.

    (a) Findings.--The Senate finds that--
            (1) animal identification is important for operational 
        management, herd health, and increased trade opportunities;
            (2) animal identification is a critical component of the 
        animal health infrastructure of the United States;
            (3) it is vital to the well-being of all people in the 
        United States to protect animal agriculture in the United 
        States by safeguarding animal health;
            (4) the ability to collect information in a timely manner 
        is critical to an effective response to an imminent threat to 
        animal health or food safety.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
levels in this concurrent resolution assume that in making 
appropriations and revenue decisions, the Senate supports--
            (1) the development and implementation of a national animal 
        identification program recognizing the need for resources to 
        carry out the implementation of the plan;
            (2) the provision by the Secretary of Agriculture of a 
        time-line for the development and implementation of the program 
        as soon as practicable after the date of approval of this 
        concurrent resolution;
            (3) the provision by the Secretary of Agriculture to ensure 
        the Animal and Plant Health Inspection Service, State animal 
        health agencies, and agricultural producers are provided funds 
        necessary to implement a national animal identification 
        program; and
            (4) the establishment of a program that is not overly 
        burdensome to agricultural producers and ensures the privacy of 
        information of agricultural producers.

SEC. 518. SENSE OF THE SENATE REGARDING CONTRIBUTIONS TO THE GLOBAL 
              FUND TO FIGHT AIDS, TUBERCULOSIS, AND MALARIA.

    (a) Findings.--The Senate finds that--
            (1) the United States--
                    (A) helped establish The Global Fund to Fight AIDS, 
                Tuberculosis, and Malaria (referred to in this section 
                as the ``Fund'');
                    (B) provided its first donation; and
                    (C) provides leadership to the Fund under Fund 
                Board Chairman Tommy Thompson, Secretary of the 
                Department of Health and Human Services;
            (2) as a complement to the President's historic 15-country 
        AIDS initiative, the Fund provides resources to fight AIDS, 
        tuberculosis, malaria, and related diseases around the world;
            (3) section 202 of the United States Leadership Against 
        HIV/AIDS, Tuberculosis, and Malaria Act of 2004 (22 U.S.C. 
        7622) authorizes contributions to the Fund to the extent that 
        United States contributions do not exceed 33 percent of all 
        contributions to the Fund, allowing the United States to 
        contribute $1 for every $2 contributed by other sources.
            (4) during fiscal years 2001 through 2003, the United 
        States provided $623,000,000 of the total contributions of 
        $1,900,000,000 to the Fund, which represents approximately \1/
        3\ of total contributions to the Fund;
            (5) Congress has appropriated $547,000,000 to the Fund for 
        fiscal year 2004, which has been matched by confirmed pledges 
        of $994,000,000, and is slightly more than \1/3\ of total 
        pledges, with additional pledges expected;
            (6) over the life of the Fund, Congress has appropriated 
        sufficient amounts to match contributions from other sources to 
        The Global Fund to Fight AIDS, Tuberculosis, and Malaria on a 
        1-to-2 basis; and
            (7) transparency and accountability are critical to fund 
        grant-making and the United States should work with foreign 
        governments and international organizations to support the 
        Fund's efforts to use its contributions most effectively.
    (b) Sense of the Senate.--It is the sense of the Senate that this 
concurrent resolution and subsequent appropriations Acts should provide 
sufficient funds to continue matching contributions from other sources 
to The Global Fund to Fight AIDS, Tuberculosis, and Malaria on a 1-to-2 
basis.

SEC. 519. SENSE OF THE SENATE CONCERNING CHILD NUTRITION FUNDING.

    (a) Findings.--The Senate finds that--
            (1) Federal child nutrition programs have long played a 
        critical role in providing children in the United States with 
        quality nutrition from birth through secondary school;
            (2) recognizing the value of these benefits to children in 
        the United States, Congress has an enduring tradition of 
        bipartisan support for these programs;
            (3) children in the United States are increasingly at 
        nutritional risk due to poor dietary habits, lack of access to 
        nutritious foods, and obesity and diet-related diseases 
        associated with poor dietary intake;
            (4) many children in the United States who would benefit 
        from Federal child nutrition programs do not receive benefits 
        due to financial or administrative barriers; and
            (5) Federal child nutrition programs are expected to be 
        reauthorized in the One Hundred Eighth Congress.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
levels in this concurrent resolution assume that in making 
appropriations and revenue decisions, the Senate supports the retention 
in the conference report for this concurrent resolution of the 
additional funds provided in this concurrent resolution for the 
reauthorization of Federal child nutrition programs.

SEC. 520. SENSE OF THE SENATE REGARDING COMPENSATION FOR EXPOSURE TO 
              TOXIC SUBSTANCES AT THE DEPARTMENT OF ENERGY.

    (a) Findings.--The Senate finds the following:
            (1) The Energy Employees Occupational Illness Compensation 
        Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in 
        this section as the ``EEOICPA'') is intended to ensure the 
        timely payment of uniform and adequate compensation to covered 
        employees suffering from occupational illnesses incurred during 
        their work for the Department of Energy.
            (2) The Department of Labor is responsible for implementing 
        the provisions under subtitle B of the EEOICPA, relating to 
        claims for radiation related cancers, beryllium disease, and 
        silicosis. The Department of Labor has, within its area of 
        responsibility, processed over 95 percent of the 52,000 claims 
        it has received, and is processing these claims in an average 
        of 73 days.
            (3) As of the date of enactment of this resolution, the 
        Department of Health and Human Services has not promulgated the 
        regulations required under section 3626 of the EEOICPA for 
        allowing claimants to petition to be members of the Special 
        Exposure Cohort. Special Exposure Cohorts provide a presumption 
        in favor of the claimant for radiation related cancers if--
                    (A) it is not feasible to estimate radiation dose 
                with sufficient accuracy; and
                    (B) there is a reasonable likelihood that the 
                health of the class of workers may have been 
                endangered.
            (4) The Department of Energy, which is responsible for 
        implementing subtitle D of the EEOICPA, relating to 
        occupational illness caused by exposure to toxic substances at 
        Department of Energy facilities, finalized its regulations on 
        August 14, 2002. The Department of Energy has processed 1 
        percent of the 22,000 claims received through the Department of 
        Energy physicians panels since its regulations were made final.
            (5) The Department of Energy has no willing payor for up to 
        50 percent of the claims that its physicians panels determine 
        to be related to exposure to a toxic substance at the 
        Department of Energy. As a consequence, many claimants with a 
        positive determination from the physicians panel will be denied 
        benefits. Many States, including Alaska, Colorado, Iowa, 
        Kentucky, Missouri, Ohio, New Mexico, Idaho, and Nevada, may 
        not have a willing payor.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) claims for occupational illness, which are determined 
        to be caused by exposure to toxic substances at Department of 
        Energy facilities under subtitle D of the EEOICPA, should be 
        promptly, equitably, and efficiently compensated;
            (2) administrative and technical changes should be made to 
        the EEOICPA to--
                    (A) improve claims processing and review by 
                physicians panels to ensure cost-effective and 
                efficient consideration and determination of workers' 
                claims;
                    (B) provide for membership in additional special 
                exposure cohorts; and
                    (C) address eligibility issues at facilities with 
                residual radiation; and
            (3) the President and Congress should work together at the 
        earliest opportunity to develop a plan that effectively 
        resolves the issue of a lack of a willing payor for many claims 
        that are determined under subtitle D of the EEOICPA to be 
        related to exposure to a toxic substance at Department of 
        Energy facilities.

SEC. 521. SENSE OF THE SENATE REGARDING TAX INCENTIVES FOR CERTAIN 
              RURAL COMMUNITIES.

    It is the sense of the Senate that if tax relief measures are 
passed in accordance with the assumptions in this resolution in this 
session of Congress, such legislation should include--
            (1) tax and other financial incentives, similar to those 
        included in the New Homestead Act (S. 602), to help rural 
        communities fight the economic decimation caused by chronic 
        out-migration by giving such communities the tools they need to 
        attract individuals to live and work, or to start and grow a 
        business, in such rural areas, and
            (2) revenue provisions which fully offset the cost of such 
        tax and other financial incentives.

SEC. 522. SENSE OF THE SENATE CONCERNING SUMMER FOOD PILOT PROJECTS.

     It is the sense of the Senate that the levels in this concurrent 
resolution assume that in making appropriations and revenue decisions 
in Function 600 (Income Security), the Senate supports the provision, 
to the Food and Nutrition Service and other appropriate agencies within 
the Department of Agriculture, of $15,000,000 for fiscal year 2005, and 
$127,000,000 for the period of fiscal years 2005 through 2009, to 
enable those agencies to expand the summer food pilot projects 
established under section 18(f) of the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1769(f)) to all States of the United States 
and to all service institutions (including service institutions 
described in section 13(a)(7) of that Act).

            Passed the Senate March 12 (legislative day, March 11), 
      2004.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                            S. CON. RES. 95

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Setting forth the congressional budget for the United States Government 
for fiscal year 2005 and including the appropriate budgetary levels for 
                    fiscal years 2006 through 2009.