[Congressional Record Volume 147, Number 30 (Thursday, March 8, 2001)]
[Senate]
[Pages S2096-S2100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   AMENDMENTS SUBMITTED AND PROPOSED

       SA 19. Mr. LEAHY submitted an amendment intended to be 
     proposed by him to the bill S. 420, to amend title II, United 
     States Code, and for other purposes; which was ordered to lie 
     on the table.
       SA 20. Mr. LEAHY submitted an amendment intended to be 
     proposed by him to the bill S. 420, supra; which was ordered 
     to lie on the table.
       SA 21. Mrs. FEINSTEIN (for herself, Mr. Jeffords, and Mr. 
     Durbin) submitted an amendment intended to be proposed by her 
     to the bill S. 420, supra; which was ordered to lie on the 
     table.
       SA 22. Mrs. FEINSTEIN (for herself and Mr. Jeffords) 
     submitted an amendment intended to be proposed by her to the 
     bill S. 420, supra; which was ordered to lie on the table.
       SA 23. Mrs. FEINSTEIN submitted an amendment intended to be 
     proposed by her to the bill S. 420, supra; which was ordered 
     to lie on the table.
       SA 24. Mrs. FEINSTEIN submitted an amendment intended to be 
     proposed by her to the bill S. 420, supra; which was ordered 
     to lie on the table.
       SA 25. Mr. SCHUMER (for himself and Mr. Sarbanes) proposed 
     an amendment to the bill S. 420, supra.
       SA 26. Mr. KERRY proposed an amendment to the bill S. 420, 
     supra.
       SA 27. Mrs. FEINSTEIN (for herself, Mr. Jeffords, and Mr. 
     Durbin) proposed an amendment to the bill S. 420, supra.
       SA 28. Mr. BINGAMAN (for himself, Mr. Daschle, Mr. Leahy, 
     Mr. Dorgan, Mr. Kennedy, Ms. Mikulski, Mr. Levin, Mr. Dodd, 
     Mr. Schumer, Mr. Breaux, Mr. Durbin, Mr. Kerry, Mr. Dayton, 
     Ms. Cantwell, Mr. Corzine, Mrs. Clinton, Mr. Reid, Mr. Akaka, 
     Mrs. Carnahan, Mr. Rockefeller, Mr. Conrad, Mr. Wellstone, 
     Ms. Landrieu, Mr. Kohl, Mr. Nelson of Nebraska, Mr. Reed, Mr. 
     Lieberman, Mr. Bayh, Mr. Sarbanes, Ms. Stabenow, Mrs. 
     Lincoln, Mr. Hollings, Mrs. Boxer, Mrs. Murray, Mr. Domenici, 
     Mr. Murkowski, and Ms. Collins) proposed an amendment to the 
     bill S. 420, supra.
       SA 29. Mr. CONRAD proposed an amendment to the bill S. 420, 
     supra.
       SA 30. Mr. KOHL (for himself and Mr. Kennedy) submitted an 
     amendment intended to be proposed by him to the bill S. 420, 
     supra; which was ordered to lie on the table.
       SA 31. Mr. KOHL (for himself and Mrs. Feinstein) submitted 
     an amendment intended to be proposed by him to the bill S. 
     420, supra; which was ordered to lie on the table.
       SA 32. Mr. SESSIONS proposed an amendment to the bill S. 
     420, supra.
       SA 33. Mr. DORGAN (for himself and Mrs. Feinstein) 
     submitted an amendment intended to be proposed by him to the 
     bill S. 420, supra; which was ordered to lie on the table.
       SA 34. Mr. SPECTER submitted an amendment intended to be 
     proposed by him to the bill S. 420, supra; which was ordered 
     to lie on the table.

                           Text of Amendments

  SA 19. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 420, to amend title II, United States Code, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 17, line 8, strike ``and the debtor's spouse 
     combined'' and insert ``, or in a joint case, the debtor and 
     the debtor's spouse''.
                                  ____

  SA 20. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 420, to amend title II, United States Code, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 18, beginning on line 9, strike ``preceding the 
     date of determination'' and insert ``ending on the last day 
     of the calendar month immediately preceding the date of the 
     bankruptcy filing''.
                                  ____

  SA 21. Mrs. FEINSTEIN (for herself, Mr. Jeffords, and Mr. Durbin) 
submitted an amendment intended to be proposed by her to the bill S. 
420, to amend title II, United States Code, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of Title XIII, add the following:

     SEC. 1311. ISSUANCE OF CREDIT CARDS TO UNDERAGE CONSUMERS.

       (a) Applications by Underage Consumers.--Section 127(c) of 
     the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by 
     adding at the end the following:
       ``(8) Applications from underage obligors.--
       ``(A) Prohibition on issuance.--Except in response to a 
     written request or application to the card issuer that meets 
     the requirements of subparagraph (B), a card issuer may not--
       ``(i) issue a credit card account under an open end 
     consumer credit plan to, or establish such an account on 
     behalf of, an obligor who has not attained the age of 21; or
       ``(ii) increase the amount of credit authorized to be 
     extended under such an account to an obligor described in 
     clause (i).
       ``(B) Application requirements.--A written request or 
     application to open a credit card account under an open end 
     consumer credit plan, or to increase the amount of credit 
     authorized to be extended under such an account, submitted by 
     an obligor who has not attained the age of 21 as of the date 
     of such submission, shall require--
       ``(i) submission by the obligor of information regarding 
     any other credit card account under an open end consumer 
     credit plan issued to, or established on behalf of, the 
     obligor (other than an account established in response to a 
     written request or application that meets the requirements of 
     clause (ii) or (iii)), indicating that the proposed extension 
     of credit under the account for which the written request or 
     application is submitted would not thereby increase the total 
     amount of credit extended to the obligor under any such 
     account to an amount in excess of $2,500 per card (which 
     amount shall be adjusted annually by the Board to account for 
     any increase in the Consumer Price Index);
       ``(ii) the signature of a parent or guardian of that 
     obligor indicating joint liability for debts incurred in 
     connection with the account before the obligor attains the 
     age of 21; or
       ``(iii) submission by the obligor of financial information 
     indicating an independent means of repaying any obligation 
     arising from the proposed extension of credit in connection 
     with the account.
       ``(C) Notification.--A card issuer of a credit card account 
     under an open end consumer credit plan shall notify any 
     obligor who has not attained the age of 21 that the obligor 
     is not eligible for an extension of credit in connection with 
     the account unless the requirements of this paragraph are 
     met.
       ``(D) Limit on enforcement.--A card issuer may not collect 
     or otherwise enforce a debt arising from a credit card 
     account under an open end consumer credit plan if the obligor 
     had not attained the age of 21 at the time the debt was 
     incurred, unless the requirements of this paragraph have been 
     met with respect to that obligor.
       ``(9) Parental approval required to increase credit lines 
     for accounts for which parent is jointly liable.--In addition 
     to the requirements of paragraph (8), no increase may be made 
     in the amount of credit authorized to be extended under a 
     credit card account under an open end credit plan for which a 
     parent or guardian of the obligor has joint liability for 
     debts incurred in connection with the account before the 
     obligor attains the age of 21, unless the parent or guardian 
     of the obligor approves, in writing, and assumes joint 
     liability for, such increase.''.
       (b) Regulatory Authority.--The Board of Governors of the 
     Federal Reserve System may issue such rules or publish such 
     model forms as it considers necessary to carry out paragraphs 
     (8) and (9) of section 127(c) of the Truth in Lending Act, as 
     amended by this section.
       (c) Effective Date.--Paragraphs (8) and (9) of section 
     127(c) of the Truth in Lending Act, as amended by this 
     section, shall apply to the issuance of credit card accounts 
     under open end consumer credit plans, and the increase of the 
     amount of credit authorized to be extended thereunder, as 
     described in those paragraphs, on and after the date of 
     enactment of this Act.
                                  ____

  SA 22. Mrs. FEINSTEIN (for herself and Mr. Jeffords) submitted an 
amendment intended to be proposed by her to the bill S. 420, to amend 
title II, United States Code, and for other purposes; which was ordered 
to lie on the table; as follows:

         At the end of Title XIII, add the following:

     SEC. 1311. ISSUANCE OF CREDIT CARDS TO UNDERAGE CONSUMERS.

         (a) Applications by Underage Consumers.--Section 127(c) 
     of the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by 
     adding at the end the following:
         ``(8) Parental approval required to increase credit lines 
     for accounts for which parent is jointly liable.--An increase 
     may not be made in the amount of credit authorized to be 
     extended under a credit card account under an open end credit 
     plan for which a parent or guardian of the obligor has joint 
     liability for debts incurred in connection with the account 
     before the obligor attains the age of 21, unless the parent 
     or guardian of the obligor approves, in writing, and assumes 
     joint liability for, such increase.''.
                                  ____

  SA 23. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 420, to amend title II, United States Code, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 226 (relating to definitions) through 229 
     (relating to requirements for debt relief agencies).
       Redesignate sections 230 through 232 as sections 226 
     through 228, respectively.

[[Page S2097]]

       Amend the table of contents accordingly.
                                  ____

  SA 24. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 420, to amend title II, United States Code, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 85, beginning on line 12, strike ``a person, other 
     than''.
                                  ____

  SA 25. Mr. SCHUMER (for himself and Mr. Sarbanes) proposed an 
amendment to the bill S. 420, to amend title II, United States Code, 
and for other purposes; as follows:

       At the end of subtitle A of title II, add the following:

     SEC. 204. PRESERVATION OF CLAIMS AND DEFENSES UPON SALE OR 
                   TRANSFER OF PREDATORY LOANS.

       Section 363 of title 11, United States Code, is amended by 
     adding at the end the following:
       ``(p) Notwithstanding subsection (f), the sale by a trustee 
     or transfer under a plan of reorganization of any interest in 
     a consumer credit transaction that is subject to the Truth In 
     Lending Act (15 U.S.C. 1601 et seq.), or a consumer credit 
     contract as defined by the Federal Trade Commission 
     Preservation of Claims Trade Regulation, is subject to all 
     claims and defenses which the consumer could assert against 
     the debtor.''.
       Amend the table of contents accordingly.
                                  ____

  SA 26. Mr. KERRY proposed an amendment to the bill S. 420, to amend 
title 11, United States Code, and for other purposes; as follows:

       On page 187, strike lines 4 and 5.
       On page 202, strike line 9 and all that follows through 
     page 223, line 12, and insert the following:

     SEC. 420. STUDY OF OPERATION OF TITLE 11, UNITED STATES CODE, 
                   WITH RESPECT TO SMALL BUSINESSES.

       Not later than 2 years after the date of enactment of this 
     Act, the Administrator of the Small Business Administration, 
     in consultation with the Attorney General, the Director of 
     the Administrative Office of United States Trustees, and the 
     Director of the Administrative Office of the United States 
     Courts, shall--
       (1) conduct a study to determine--
       (A) the internal and external factors that cause small 
     businesses, especially sole proprietorships, to become 
     debtors in cases under title 11, United States Code, and that 
     cause certain small businesses to successfully complete cases 
     under chapter 11 of such title;
       (B) how Federal laws relating to bankruptcy may be made 
     more effective and efficient in assisting small businesses to 
     remain viable;
       (C) what factors, if any, would indicate the need for any 
     additional procedures or reporting requirements for small 
     businesses that file petitions for bankruptcy under chapter 
     11 of title 11, United States Code;
       (D) what length of time is appropriate for small business 
     debtors and entrepreneurs to file and confirm a 
     reorganization plan under title 11, United States Code, 
     including the factors considered to arrive at that 
     conclusion; and
       (E) how often a small business debtor files separate 
     petitions for bankruptcy protection within a 2-year period; 
     and
       (2) submit a report summarizing the study required by 
     paragraph (1) to the President pro tempore of the Senate and 
     the Speaker of the House of Representatives, and the 
     Committees on Small Business of the Senate and the House of 
     Representatives.
                                  ____

  SA 27. Mrs. FEINSTEIN (for herself, Mr. Jeffords, and Mr. Durbin) 
proposed an amendment to the bill S. 420, to amend title II, United 
States Code, and for other purposes; as follows:

       At the end of Title XIII, add the following:

     SEC. 1311. ISSUANCE OF CREDIT CARDS TO UNDERAGE CONSUMERS.

       (a) Applications by Underage Consumers.--Section 127(c) of 
     the Truth in Lending Act (15 U.S.C. 1637(c)) is amended by 
     adding at the end the following:
       ``(8) Applications from underage obligors.--
       ``(A) Prohibition on issuance.--Except in response to a 
     written request or application to the card issuer that meets 
     the requirements of subparagraph (B), a card issuer may not--
       ``(i) issue a credit card account under an open end 
     consumer credit plan to, or establish such an account on 
     behalf of, an obligor who has not attained the age of 21; or
       ``(ii) increase the amount of credit authorized to be 
     extended under such an account to an obligor described in 
     clause (i).
       ``(B) Application requirements.--A written request or 
     application to open a credit card account under an open end 
     consumer credit plan, or to increase the amount of credit 
     authorized to be extended under such an account, submitted by 
     an obligor who has not attained the age of 21 as of the date 
     of such submission, shall require--
       ``(i) submission by the obligor of information regarding 
     any other credit card account under an open end consumer 
     credit plan issued to, or established on behalf of, the 
     obligor (other than an account established in response to a 
     written request or application that meets the requirements of 
     clause (ii) or (iii)), indicating that the proposed extension 
     of credit under the account for which the written request or 
     application is submitted would not thereby increase the total 
     amount of credit extended to the obligor under any such 
     account to an amount in excess of $2,500 per card (which 
     amount shall be adjusted annually by the Board to account for 
     any increase in the Consumer Price Index);
       ``(ii) the signature of a parent or guardian of that 
     obligor indicating joint liability for debts incurred in 
     connection with the account before the obligor attains the 
     age of 21; or
       ``(iii) submission by the obligor of financial information 
     indicating an independent means of repaying any obligation 
     arising from the proposed extension of credit in connection 
     with the account.
       ``(C) Notification.--A card issuer of a credit card account 
     under an open end consumer credit plan shall notify any 
     obligor who has not attained the age of 21 that the obligor 
     is not eligible for an extension of credit in connection with 
     the account unless the requirements of this paragraph are 
     met.
       ``(D) Limit on enforcement.--A card issuer may not collect 
     or otherwise enforce a debt arising from a credit card 
     account under an open end consumer credit plan if the obligor 
     had not attained the age of 21 at the time the debt was 
     incurred, unless the requirements of this paragraph have been 
     met with respect to that obligor.
       ``(9) Parental approval required to increase credit lines 
     for accounts for which parent is jointly liable.--In addition 
     to the requirements of paragraph (8), no increase may be made 
     in the amount of credit authorized to be extended under a 
     credit card account under an open end credit plan for which a 
     parent or guardian of the obligor has joint liability for 
     debts incurred in connection with the account before the 
     obligor attains the age of 21, unless the parent or guardian 
     of the obligor approves, in writing, and assumes joint 
     liability for, such increase.''.
       (b) Regulatory Authority.--The Board of Governors of the 
     Federal Reserve System may issue such rules or publish such 
     model forms as it considers necessary to carry out paragraphs 
     (8) and (9) of section 127(c) of the Truth in Lending Act, as 
     amended by this section.
       (c) Effective Date.--Paragraphs (8) and (9) of section 
     127(c) of the Truth in Lending Act, as amended by this 
     section, shall apply to the issuance of credit card accounts 
     under open end consumer credit plans, and the increase of the 
     amount of credit authorized to be extended thereunder, as 
     described in those paragraphs, on and after the date of 
     enactment of this Act.
                                  ____

  SA 28. Mr. BINGAMAN (for himself, Mr. Daschle, Mr. Leahy, Mr. Dorgan, 
Mr. Kennedy, Ms. Mikulski, Mr. Levin, Mr. Dodd, Mr. Schumer,, Mr. 
Breaux, Mr. Durbin, Mr. Kerry, Mr. Dayton, Ms. Cantwell, Mr. Corzine, 
Mrs. Clinton, Mr. Reid, Mr. Akaka, Mrs. Carnahan, Mr. Rockefeller, Mr. 
Conrad, Mr. Wellstone, Ms. Landrieu, Mr. Kohl, Mr. Nelson of Nebraska, 
Mr. Reed, Mr. Lieberman, Mr. Bayh, Mr. Sarbanes, Ms. Stabenow, Mrs. 
Lincoln, Mr. Hollings, Mrs. Boxer, Mrs. Murray, Mr. Domenici, Mr. 
Murkowski, and Ms. Collins) proposed an amendment to the bill S. 420, 
to amend title II, United States Code, and for other purposes; as 
follows:

   (Purpose: To increase the authorization of appropriations for low-
 income energy assistance, weatherization, and State energy emergency 
      planning programs, to increase Federal energy efficiency by 
 facilitating the use of private-sector partnerships to prevent energy 
                and water waste, and for other purposes)

       At the appropriate place in the bill, add the following:

      TITLE--EMERGENCY ENERGY ASSISTANCE AND CONSERVATION MEASURES

     SEC.  01. SHORT TITLE.

       This title may be cited as the ``Energy Emergency Response 
     Act of 2001''.

     SEC.  02. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) high energy costs are causing hardship for families;
       (2) restructured energy markets have increased the need for 
     a higher and more consistent level of funding for low-income 
     energy assistance programs;
       (3) conservation programs implemented by the states and the 
     low-income weatherization program reduce costs and need for 
     additional energy supplies;
       (4) energy conservation is a cornerstone of national energy 
     security policy;
       (5) the Federal Government is the largest consumer of 
     energy in the economy of the United States; and
       (6) many opportunities exist for significant energy cost 
     savings within the Federal Government.
       (b) Purposes.--The purposes of this title are to provide 
     assistance to those individuals most affected by high energy 
     prices and to promote and accelerate energy conservation 
     investments in private and federal facilities.

     SEC.  03. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION AND 
                   STATE ENERGY GRANTS.

       (a) LIHEAP.--(1) Section 2602(b) of the Low-Income Home 
     Energy Assistance Act of

[[Page S2098]]

     1981 (42 U.S.C. 8621(b)) is amended by striking the first 
     sentence and inserting the following: ``There are authorized 
     to be appropriated to carry out the provisions of this title 
     (other than section 2607A), $3,400,000,000 for each of fiscal 
     years 2001 through 2005.''.
       (2) Section 2605(b)(2) of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8624(b)(2)) is amended by 
     adding at the end the following:
       ``And except that during fiscal year 2001, a State may make 
     payments under this title to households with incomes up to 
     and including 200 percent of the poverty level for such 
     State;''.
       (b) Weatherization Assistance.--Section 422 of the Energy 
     Conservation and Production Act (42 U.S.C. 6872) is amended 
     by striking ``For fiscal years 1999 through 2003 such sums as 
     may be necessary'' and inserting: ``$310,000,000 for fiscal 
     years 2001 and 2002, $325,000,000 for fiscal year 2003, 
     $400,000,000 for fiscal year 2004, and $500,000,000 for 
     fiscal year 2005.''.
       (c) State Energy Conservation Grants.--Section 365(f) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
     amended by striking ``for fiscal years 1999 through 2003 such 
     sums as may be necessary'' and inserting: ``$75,000,000 for 
     each of fiscal years 2001 through 2005''.

     SEC.  04. FEDERAL ENERGY MANAGEMENT REVIEWS.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following:
       ``(e) Priority Response Reviews.--Each agency shall--
       ``(1) not later than October 1, 2001, undertake a 
     comprehensive review of all practicable measures for--
       ``(A) increasing energy and water conservation, and
       ``(B) using renewable energy sources; and
       ``(2) not later than 180 days after completing the review, 
     implement measures to achieve not less than 50 percent of 
     the potential efficiency and renewable savings identified 
     in the review''.

     SEC.   05. COST SAVINGS FROM REPLACEMENT FACILITIES.

       Section 801(a) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287(a)) is amended by adding at the end the 
     following:
       ``(3)(A) In the case of an energy savings contract or 
     energy savings performance contract providing for energy 
     savings through the construction and operation of one or more 
     buildings or facilities to replace one or more existing 
     buildings or facilities, benefits ancillary to the purpose of 
     such contract under paragraph (1) may include savings 
     resulting from reduced costs of operation and maintenance at 
     such replacement buildings or facilities when compared with 
     costs of operation and maintenance at the buildings or 
     facilities being replaced.
       ``(B) Notwithstanding paragraph (2)(B), aggregate annual 
     payments by an agency under an energy savings contract or 
     energy savings performance contract referred to in 
     subparagraph (A) may take into account (through the 
     procedures developed pursuant to this section) savings 
     resulting from reduced costs of operation and maintenance as 
     described in subparagraph (A).''.

     SEC.   06. REPEAL OF ENERGY SAVINGS PERFORMANCE CONTRACT 
                   SUNSET.

       Section 801(c) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287(c)) is repealed.

     SEC.   07. ENERGY SAVINGS PERFORMANCE CONTRACT DEFINITIONS.

       (a) ENERGY SAVINGS-Section 804(2) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287c(2)) is amended to 
     read as follows:
       ``(2) The term `energy savings' means a reduction in the 
     cost of energy, water, or wastewater treatment from a base 
     cost established through a methodology set forth in the 
     contract, used by either--
       ``(A) an existing federally owned building or buildings or 
     other federally owned facilities as a result of--
       ``(i) the lease or purchase of operating equipment, 
     improvements, altered operation and maintenance, or technical 
     service;
       ``(ii) more efficient use of existing energy sources by 
     cogeneration or heat recovery, excluding any cogeneration 
     process for other than a federally owned building or 
     buildings or other federally owned facilities; or
       ``(iii) more efficient use of water at an existing 
     federally owned building or buildings, in either interior or 
     exterior applications; or
       ``(B) a replacement facility under section 801(a)(3).''.
       (b) Energy Savings Contract.--Section 804(3) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(3)) 
     is amended to read as follows:
       ``The terms `energy savings contract' and `energy savings 
     performance contract' mean a contract which provides for--
       ``(A) the performance of services for the design, 
     acquisition, installation, testing, operation, and, 
     where appropriate, maintenance and repair, of an 
     identified energy, water conservation, or wastewater 
     treatment measure or series of measures at one or more 
     locations; or
       ``(B) energy savings through the construction and operation 
     of one or more buildings or facilities to replace one or more 
     existing buildings or facilities.''.
       ``(c) Energy or Water Conservation Measure.--Section 804(4) 
     of the National Energy Conservation Policy Act (42 U.S.C. 
     8287c(4)) is amended to read as follows:
       ``The term `energy or water conservation measure' means--
       ``(A) an energy conservation measure, as defined in section 
     551(4)(42 U.S.C. 8259(4)); or
       ``(B) a water conservation measure that improves the 
     efficiency of water use, is life cycle cost effective, and 
     involves water conservation, water recycling or reuse, 
     improvements in operation or maintenance efficiencies, 
     retrofit activities or other related activities, not 
     affecting the power generating operations at a Federally-
     owned hydroelectric dam.''.
                                  ____

  SA 29. Mr. CONRAD proposed an amendment to the bill S. 420 to amend 
title II, United States Code, and for other purposes; as follows:

       At the end of the amendment No. 20 insert the following:

 TITLE __--SOCIAL SECURITY AND MEDICARE OFF-BUDGET LOCKBOX ACT OF 2001

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Social Security and 
     Medicare Off-Budget Lockbox Act of 2001''.

     SEC. __02. STRENGTHENING SOCIAL SECURITY POINTS OF ORDER.

       (a) In General.--Section 312 of the Congressional Budget 
     Act of 1974 (2 U.S.C. 643) is amended by inserting at the end 
     the following:
       ``(g) Strengthening Social Security Point of Order.--It 
     shall not be in order in the House of Representatives or the 
     Senate to consider a concurrent resolution on the budget (or 
     any amendment thereto or conference report thereon) or any 
     bill, joint resolution, amendment, motion, or conference 
     report that would violate or amend section 13301 of the 
     Budget Enforcement Act of 1990.''.
       (b) Super Majority Requirement.--
       (1) Point of order.--Section 904(c)(1) of the Congressional 
     Budget Act of 1974 is amended by inserting ``312(g),'' after 
     ``310(d)(2),''.
       (2) Waiver.--Section 904(d)(2) of the Congressional Budget 
     Act of 1974 is amended by inserting ``312(g),'' after 
     ``310(d)(2),''.
       (c) Enforcement in Each Fiscal Year.--The Congressional 
     Budget Act of 1974 is amended in--
       (1) section 301(a)(7) (2 U.S.C. 632(a)(7)), by striking 
     ``for the fiscal year'' through the period and inserting 
     ``for each fiscal year covered by the resolution''; and
       (2) section 311(a)(3) (2 U.S.C. 642(a)(3)), by striking 
     beginning with ``for the first fiscal year'' through the 
     period and insert the following: ``for any of the fiscal 
     years covered by the concurrent resolution.''.

     SEC. __03. MEDICARE TRUST FUND OFF-BUDGET.

       (a) In General.--
       (1) General exclusion from all budgets.--Title III of the 
     Congressional Budget Act of 1974 is amended by adding at the 
     end the following:


          ``exclusion of medicare trust fund from all budgets

       ``Sec. 316. (a) Exclusion of Medicare Trust Fund From All 
     Budgets.--Notwithstanding any other provision of law, the 
     receipts and disbursements of the Federal Hospital Insurance 
     Trust Fund shall not be counted as new budget authority, 
     outlays, receipts, or deficit or surplus for purposes of--
       ``(1) the budget of the United States Government as 
     submitted by the President;
       ``(2) the congressional budget; or
       ``(3) the Balanced Budget and Emergency Deficit Control Act 
     of 1985.
       ``(b) Strengthening Medicare Point of Order.--It shall not 
     be in order in the House of Representatives or the Senate to 
     consider a concurrent resolution on the budget (or any 
     amendment thereto or conference report thereon) or any bill, 
     joint resolution, amendment, motion, or conference report 
     that would violate or amend this section.''.
       (2) Super majority requirement.--
       (A) Point of Order.--Section 904(c)(1) of the Congressional 
     Budget Act of 1974 is amended by inserting ``316,'' after 
     ``313,''.
       (B) Waiver.--Section 904(d)(2) of the Congressional Budget 
     Act of 1974 is amended by inserting ``316,'' after ``313,''.
       (b) Exclusion of Medicare Trust Fund From Congressional 
     Budget.--Section 301(a) of the Congressional Budget Act of 
     1974 (2 U.S.C. 632(a)) is amended by adding at the end the 
     following: ``The concurrent resolution shall not include the 
     outlays and revenue totals of the Federal Hospital Insurance 
     Trust Fund in the surplus or deficit totals required by this 
     subsection or in any other surplus or deficit totals required 
     by this title.''
       (c) Budget Totals.--Section 301(a) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 632(a)) is amended by inserting 
     after paragraph (7) the following:
       ``(8) For purposes of Senate enforcement under this title, 
     revenues and outlays of the Federal Hospital Insurance Trust 
     Fund for each fiscal year covered by the budget 
     resolution.''.
       (d) Budget resolutions.--Section 301(i) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 632(i)) is amended 
     by--
       (1) striking ``Social Security Point of Order.--It shall'' 
     and inserting ``Social Security and Medicare Points of 
     Order.--
       ``(1) Social security.--It shall''; and
       (2) inserting at the end the following:
       ``(2) Medicare.--It shall not be in order in the House of 
     Representatives or the Senate

[[Page S2099]]

     to consider any concurrent resolution on the budget (or 
     amendment, motion, or conference report on the resolution) 
     that would cause a decrease in surpluses or an increase in 
     deficits of the Federal Hospital Insurance Trust Fund in any 
     of the fiscal years covered by the concurrent resolution.''.
       (e) Medicare Firewall.--Section 311(a) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 642(a)) is amended by adding 
     after paragraph (3), the following:
       ``(4) Enforcement of medicare levels in the senate.--After 
     a concurrent resolution on the budget is agreed to, it shall 
     not be in order in the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report that 
     would cause a decrease in surpluses or an increase in 
     deficits of the Federal Hospital Insurance Trust Fund in any 
     year relative to the levels set forth in the applicable 
     resolution.''.
       (f) Baseline to Exclude Hospital Insurance Trust Fund.--
     Section 257(b)(3) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended by striking ``shall be 
     included in all'' and inserting ``shall not be included in 
     any''.
       (g) Medicare Trust Fund Exempt From Sequesters.--Section 
     255(g)(1)(B) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by adding at the end the 
     following:
       ``Medicare as funded through the Federal Hospital Insurance 
     Trust Fund.''.
       (h) Budgetary Treatment of Hospital Insurance Trust Fund.--
     Section 710(a) of the Social Security Act (42 U.S.C. 911(a)) 
     is amended--
       (1) by striking ``and'' the second place it appears and 
     inserting a comma; and
       (2) by inserting after ``Federal Disability Insurance Trust 
     Fund'' the following: ``, Federal Hospital Insurance Trust 
     Fund''.

     SEC. __04. PREVENTING ON-BUDGET DEFICITS.

       (a) Points of Order To Prevent On-Budget Deficits.--Section 
     312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is 
     amended by adding at the end the following:
       ``(h) Points of Order To Prevent On-Budget Deficits.--
       ``(1) Concurrent resolutions on the budget.--It shall not 
     be in order in the House of Representatives or the Senate to 
     consider any concurrent resolution on the budget, or 
     conference report thereon or amendment thereto, that would 
     cause or increase an on-budget deficit for any fiscal year.
       ``(2) Subsequent legislation.--It shall not be in order in 
     the House of Representatives or the Senate to consider any 
     bill, joint resolution, amendment, motion, or conference 
     report if--
       ``(A) the enactment of that bill or resolution as reported;
       ``(B) the adoption and enactment of that amendment; or
       ``(C) the enactment of that bill or resolution in the form 
     recommended in that conference report,
     would cause or increase an on-budget deficit for any fiscal 
     year.''.
       (b) Super Majority Requirement.--
       (1) Point of Order.--Section 904(c)(1) of the Congressional 
     Budget Act of 1974 is amended by inserting ``312(h),'' after 
     ``312(g),''.
       (2) Waiver.--Section 904(d)(2) of the Congressional Budget 
     Act of 1974 is amended by inserting ``312(h),'' after 
     ``312(g),''.
  SA 30. Mr. KOHL (for himself and Mr. Kennedy) submitted an amendment 
intended to be proposed by him to the bill S. 420, to amend title 11, 
United States Code, and for other purposes;

       At the end of title III, add the following:

     SEC. 330. CLARIFICATION OF POSTPETITION WAGES AND BENEFITS.

       Section 503(b)(1)(A) of title 11, United States Code, is 
     amended to read as follows:
       ``(A) the actual, necessary costs and expenses of 
     preserving the estate, including wages, salaries, or 
     commissions for services rendered after the commencement of 
     the case, and wages and benefits awarded as back pay 
     attributable to any period of time after commencement of the 
     case as a result of the debtor's violation of Federal or 
     State law, without regard to when the original unlawful act 
     occurred or to whether any services were rendered;''.
                                  ____

  SA 31. Mr. KOHL (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 420, to amend 
title 11, United States Code, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike section 308 and insert the following:

     SEC. 308. LIMITATION.

       Section 522 of title 11, United States Code, is amended--
       (1) in subsection (b)(3)(A), as so designated by this Act, 
     by inserting ``subject to subsection (o),'' before ``any 
     property''; and
       (2) by adding at the end the following new subsection:
       ``(o)(1) As a result of electing under subsection (b)(3)(A) 
     to exempt property under State or local law, a debtor may not 
     exempt any amount of interest that exceeds, in the aggregate, 
     $125,000 in value in--
       ``(A) real or personal property that the debtor or a 
     dependent of the debtor uses as a residence;
       ``(B) a cooperative that owns property that the debtor or a 
     dependent of the debtor uses as a residence; or
       ``(C) a burial plot for the debtor or a dependent of the 
     debtor.
       ``(2) The limitation under paragraph (1) shall not apply to 
     an exemption claimed under subsection (b)(3)(A) by a family 
     farmer for the principal residence of that farmer.''.

       Strike section 322 of the bill, and redesignate the 
     remaining sections in title III accordingly.

       Amend the table of contents accordingly.
                                  ____

  SA 32. Mr. SESSIONS proposed an amendment to the bill S. 420, to 
amend title II, United States Code, and for other purposes; as follows:

       At the end of the bill insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Social Security and Medicare 
     Lock-Box Act of 2001''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) the Balanced Budget Act of 1997 and strong economic 
     growth have ended decades of deficit spending;
       (2) the Government is able to meet its current obligations 
     without using the social security and medicare surpluses;
       (3) fiscal pressures will mount as an aging population 
     increases the Government's obligations to provide retirement 
     income and health services;
       (4) social security and medicare hospital insurance 
     surpluses should be used to reduce the debt held by the 
     public until legislation is enacted that reforms social 
     security and medicare;
       (5) preserving the social security and medicare hospital 
     insurance surpluses would restore confidence in the long-term 
     financial integrity of social security and medicare; and
       (6) strengthening the Government's fiscal position through 
     debt reduction would increase national savings, promote 
     economic growth, and reduce its interest payments.
       (b) Purpose.--It is the purpose of this Act to--
       (1) prevent the surpluses of the social security and 
     medicare hospital insurance trust funds from being used for 
     any purpose other than providing retirement and health 
     security; and
       (2) use such surpluses to pay down the national debt until 
     such time as medicare and social security reform legislation 
     is enacted.

     SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.

       (a) Protection of Social Security and Medicare Surpluses.--
     Title III of the Congressional Budget Act of 1974 is amended 
     by adding at the end the following new section:


    ``LOCK-BOX FOR SOCIAL SECURITY AND HOSPITAL INSURANCE SURPLUSES

       ``Sec. 316. (a) Lock-Box for Social Security and Hospital 
     Insurance Surpluses.--
       ``(1) Concurrent resolutions on the budget.--
       ``(A) In general.--It shall not be in order in the House of 
     Representatives or the Senate to consider any concurrent 
     resolution on the budget, or an amendment thereto or 
     conference report thereon, that would set forth a surplus for 
     any fiscal year that is less than the surplus of the Federal 
     Hospital Insurance Trust Fund for that fiscal year.
       ``(B) Exception.--(i) Subparagraph (A) shall not apply to 
     the extent that a violation of such subparagraph would result 
     from an assumption in the resolution, amendment, or 
     conference report, as applicable, of an increase in outlays 
     or a decrease in revenue relative to the baseline underlying 
     that resolution for social security reform legislation or 
     medicare reform legislation for any such fiscal year.
       ``(ii) If a concurrent resolution on the budget, or an 
     amendment thereto or conference report thereon, would be in 
     violation of subparagraph (A) because of an assumption of an 
     increase in outlays or a decrease in revenue relative to the 
     baseline underlying that resolution for social security 
     reform legislation or medicare reform legislation for any 
     such fiscal year, then that resolution shall include a 
     statement identifying any such increase in outlays or 
     decrease in revenue.
       ``(2) Spending and tax legislation--
       ``(A) In general.--It shall not be in order in the House of 
     Representatives or the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report if--
       ``(i) the enactment of that bill or resolution, as 
     reported;
       ``(ii) the adoption and enactment of that amendment; or
       ``(iii) the enactment of that bill or resolution in the 
     form recommended in that conference report.

     would cause the surplus for any fiscal year covered by the 
     most recently agreed to concurrent resolution on the budget 
     to be less than the surplus of the Federal Hospital Insurance 
     Trust Fund for that fiscal year.
       ``(B) Exception.--Subparagraph (A) shall not apply to 
     social security reform legislation or medicare reform 
     legislation.
       ``(b) Enforcement.--
       ``(1) Budgetary levels with respect to concurrent 
     resolutions on the budget.--For purposes of enforcing any 
     point of order under subsection (a)(1), the surplus for any 
     fiscal year shall be--
       ``(A) the levels set forth in the later of the concurrent 
     resolution on the budget, as reported, or in the conference 
     report on the concurrent resolution on the budget; and
       ``(B) adjusted to the maximum extent allowable under all 
     procedures that allow

[[Page S2100]]

     budgetary aggregates to be adjusted for legislation that 
     would cause a decrease in the surplus for any fiscal year 
     covered by the concurrent resolution on the budget (other 
     than procedures described in paragraph (2)(A)(ii).
       ``(2) Current levels with respect to spending and tax 
     legislation.--
       ``(A) In general.--For purposes of enforcing subsection 
     (a)(2), the current levels of the surplus for any fiscal year 
     shall be--
       ``(i) calculated using the following assumptions--
       ``(I) direct spending and revenue levels at the baseline 
     levels underlying the most recently agreed to concurrent 
     resolution on the budget; and
       ``(II) for the budget year, discretionary spending levels 
     at current law levels and, for outyears, discretionary 
     spending levels at the baseline levels underlying the most 
     recently agreed to concurrent resolution on the budget; and
       ``(ii) adjusted for changes in the surplus levels set forth 
     in the most recently agreed to concurrent resolution on the 
     budget pursuant to procedures in such resolution that 
     authorize adjustments in budgetary aggregates for updated 
     economic and technical assumptions in the mid-session report 
     of the Director or the Congressional Budget Office.

     Such revisions shall be included in the first current level 
     report on the congressional budget submitted for publication 
     in the Congressional Record after the release of such mid-
     session report.
       ``(B) Budgetary treatment.--Outlays (or receipts) for any 
     fiscal year resulting from social security or medicare reform 
     legislation in excess of the amount of outlays (or less than 
     the amount of receipts) for that fiscal year set forth in the 
     most recently agreed to concurrent resolution on the budget 
     or the section 302(a) allocation for such legislation, as 
     applicable, shall not be taken into account for purposes of 
     enforcing any point of order under subsection (a)(2).
       ``(3) Disclosure of hi surplus.--For purposes of enforcing 
     any point of order under subsection (a), the surplus of the 
     Federal Hospital Insurance Trust Fund for a fiscal year shall 
     be the levels set forth in the later of the report 
     accompanying the concurrent resolution on the budget (or, in 
     the absence of such a report, placed in the Congressional 
     Record prior to the consideration of such resolution) or in 
     the joint explanatory statement of managers accompanying such 
     resolution.
       ``(c) Additional Content of Reports Accompanying Budget 
     Resolutions and of Joint Explanatory Statements.--The report 
     accompanying any concurrent resolution on the budget and the 
     joint explanatory statement accompanying the conference 
     report on each such resolution shall include the levels of 
     the surplus in the budget for each fiscal year set forth 
     in such resolution and of the surplus or deficit in the 
     Federal Hospital Insurance Trust Fund, calculated using 
     the assumptions set forth in subsection (b)(2)(A).
       (d)Definitions.--As used in this section:
       ``(1) The term medicare reform legislation' means a bill or 
     a joint resolution to save Medicare that includes a provision 
     stating the following: `For purposes of section 316(a) of the 
     Congressional Budget Act of 1974, this Act constitutes 
     medicare reform legislation.'.
       ``(2) The term `social security reform legislation' means a 
     bill or a joint resolution to save Social Security that 
     includes a provision stating the following: `For purposes of 
     section 316(a) of the Congressional Budget Act of 1974, this 
     Act constitutes social security reform legislation.'.
       ``(e) Waiver and Appeal.--Subsection (a) 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 in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       ``(f) Effective Date.--This section shall cease to have any 
     force or effect upon the enactment of social security reform 
     legislation and medicare reform legislation.''.
       (b) Conforming Amendment.--The item relating to section 316 
     in the table of contents set forth in section 1(b) of the 
     Congressional Budget and Impoundment Control Act of 1974 is 
     amended to read as follows:

``Sec. 316. Lock-box for social security and hospital insurance 
              surpluses.''.

     SEC. 4. PRESIDENTS' BUDGET.

       (a) Protection of Social Security and Medicare Surpluses.--
     If the budget of the United States Government submitted by 
     the President under section 1105(a) of title 31, United 
     States Code, recommends an on-budget surplus for any fiscal 
     year that is less than the surplus of the Federal Hospital 
     Insurance Trust Fund for that fiscal year, then it shall 
     include a detailed proposal for social security reform 
     legislation or medicare reform legislation.
       (b) Effective Date.--Subsection (a) shall cease to have any 
     force or effect upon the enactment of social security reform 
     legislation and medicare reform legislation as defined by 
     section 316(d) of the Congressional Budget Act of 1972.
                                  ____

  SA 33. Mr. DORGAN (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 420, to amend 
title 11, United States Code, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATURAL GAS RATES.

       (a) Definition of Bundled Transaction.--In this section, 
     the term ``bundled transaction'' means a transaction for the 
     sale of natural gas in which the sale price includes both the 
     price of the natural gas and the price of transporting the 
     natural gas.
       (b) Disclosure of Commodity Portion and Transportation 
     Portion of Sale Price in Bundled Natural Gas Transactions.--
     Exercising authority under section 4 of the Natural Gas Act 
     (15 U.S.C. 717c), not later than 60 days after the date of 
     enactment of this Act, the Federal Energy Regulatory 
     Commission (referred to in this section as the 
     ``Commission'') shall promulgate a regulation that requires 
     any person that sells natural gas in a bundled transaction 
     under which the natural gas is to be transported in the 
     interstate market to file with the Commission, not later than 
     a date specified by the Commission, a statement that 
     discloses--
       (1) the portion of the sale price that is attributable to 
     the price paid by the seller for the natural gas; and
       (2) the portion of the sale price that is attributable to 
     the price paid for transportation of the natural gas.
                                  ____

  SA 34. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the bill S. 420, to amend title 11, United States Code, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURE OF LOBBYING ACTIVITIES WITH RESPECT TO 
                   PRESIDENTIAL PARDONS.

       Section 3(8) of the Lobbying Disclosure Act of 1995 (2 
     U.S.C. 1602(8)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (iii), by striking ``or'' after the 
     semicolon;
       (B) in clause (iv), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(v) the issuance of a grant of executive clemency in the 
     form of a pardon or commutation of sentence.''; and
       (2) in subparagraph (B)(xii), by striking ``made to'' and 
     inserting ``except as provided in subparagraph (A)(v), made 
     to''.

                          ____________________