[Congressional Record Volume 147, Number 164 (Friday, November 30, 2001)]
[Senate]
[Pages S12265-S12271]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2175. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 40, line 1, strike ``10 most'' and insert ``5 
     most''.
                                  ____

  SA 2176. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 41, after line 16, insert the following:

     SEC. 205. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE TAXES ON 
                   RAILROADS WHICH REMAIN IN GENERAL FUND.

       (a) Taxes on Trains.--
       (1) In general.--Subparagraph (A) of section 4041(a)(1) 
     (relating to tax on diesel fuel in certain cases) is 
     amended--
       (A) by striking ``or a diesel-powered train'' in clauses 
     (i) and (ii), and
       (B) by striking ``or train'' in clause (i).
       (2) Conforming amendments.--
       (A) Subparagraph (C) of section 4041(a)(1) is amended by 
     striking clause (ii) and by redesignating clause (iii) as 
     clause (ii).
       (B) Subparagraph (C) of section 4041(b)(1) is amended by 
     striking all that follows ``section 6421(e)(2)'' and 
     inserting a period.
       (C) Subsection (d) of section 4041 is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Diesel fuel used in trains.--There is hereby imposed 
     a tax of 0.1 cent per gallon on any liquid other than 
     gasoline (as defined in section 4083)--
       ``(A) sold by any person to an owner, lessee, or other 
     operator of a diesel-powered train for use as a fuel in such 
     train, or
       ``(B) used by any person as a fuel in a diesel-powered 
     train unless there was a taxable sale of such fuel under 
     subparagraph (A).

     No tax shall be imposed by this paragraph on the sale or use 
     of any liquid if tax was imposed on such liquid under section 
     4081.''.
       (D) Subsection (f) of section 4082 is amended by striking 
     ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and 
     (a)(1) of section 4041, respectively''.
       (E) Paragraph (3) of section 4083(a) is amended by striking 
     ``or a diesel-powered train''.
       (F) Paragraph (3) of section 6421(f) is amended to read as 
     follows:
       ``(3) Gasoline used in trains.--In the case of gasoline 
     used as a fuel in a train, this section shall not apply with 
     respect to the Leaking Underground Storage Tank Trust Fund 
     financing rate under section 4081.''.
       (G) Paragraph (3) of section 6427(f) is amended to read as 
     follows:
       ``(3) Refund of certain taxes on fuel used in diesel-
     powered trains.--For purposes of this subsection, the term 
     `nontaxable use' includes fuel used in a diesel-powered 
     train. The preceding sentence shall not apply to the tax 
     imposed by section 4041(d) and the Leaking Underground 
     Storage Tank Trust Fund financing rate under section 4081 
     except with respect to fuel sold for exclusive use by a State 
     or any political subdivision thereof.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2002.
                                  ____

  SA 2177. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 105(c).
                                  ____

  SA 2178. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 107(c)(1).
                                  ____

  SA 2179. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 28, line 8, strike ``transfer'' and insert 
     ``transfer, but only if there was an on-budget surplus in the 
     most recent fiscal year ending prior to such transfer''.
                                  ____

  SA 2180. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of section 107, add the following:
       (h) No General Revenue Spending To Pay Benefits.--Beginning 
     on the date that amounts are transferred to the National 
     Railroad Retirement Investment Trust pursuant to the 
     amendments made by this section--
       (1) no transfers from the general fund in the treasury may 
     be used to pay benefits under the Railroad Retirement Act of 
     1974; and
       (2) such benefits shall only be payable to the extent that 
     sufficient funds exist in the appropriate accounts under such 
     Act or the National Railroad Retirement Investment Trust to 
     make such payments.
                                  ____

  SA 2181. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE III--REPLACEMENT PENSION PLAN

     SEC. 301. REPLACEMENT PENSION PLAN.

       (a) In General.--Notwithstanding any other provision of 
     law, any employer (as defined in section 1(a)(1) of the 
     Railroad Retirement Act of 1974), including the National

[[Page S12266]]

     Railroad Passenger Corporation, may enter into negotiations 
     with employee representatives with respect to a new pension 
     plan for its employees for the purpose of terminating 
     coverage under such Act.
       (b) Certification of Plan.--If the plan described in 
     subsection (a) is certified by the Secretary of Labor and the 
     Secretary of the Treasury as a bona fide plan that meets the 
     criteria of the Employee Retirement Income Security Act of 
     1974 for pension funds, then, notwithstanding any other 
     provision of law, the individuals described in subsection (a) 
     shall not longer be entitled to benefits under the Railroad 
     Retirement Act of 1974.
       (c) Technical and Conforming Changes.--The Commissioner of 
     Social Security, the Railroad Retirement Board, and the 
     Secretary of the Treasury, as soon as practicable but in any 
     event not later than 180 days after the date of enactment of 
     this Act, submit to the Committee on Ways and Means of the 
     House of Representatives and the Committee on Finance of the 
     Senate a draft of any technical and conforming changes in the 
     Social Security Act, the Railroad Retirement Act of 1974, and 
     the Internal Revenue Code of 1986 which are necessary to 
     reflect throughout such Acts and Code the purposes of this 
     section.
                                  ____

  SA 2182. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 13, between lines 24 and 25, insert the following:
       ``(3) Treatment as a multiemployer pension fund.--For 
     purposes of the Employee Retirement Income Security Act of 
     1974, the Trust shall be treated as a multiemployer plan (as 
     defined in section 3(37) of such Act).
                                  ____

  SA 2183. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 102.
                                  ____

  SA 2184. Mr.  NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

   TITLE III--REPEAL OF GENERAL FUND SUBSIDY TO RAILROAD RETIREMENT 
                                ACCOUNT

     SEC. 301. REPEAL OF GENERAL FUND SUBSIDY TO RAILROAD 
                   RETIREMENT ACCOUNT.

       (a) Repeal.--Subsection (c)(1)(A) of section 224 of the 
     Railroad Retirement Solvency Act of 1983 (45 U.S.C. 231n 
     note) is repealed.
       (b) Effective Date.--The repeal made by subsection (a) 
     shall take effect on the date that amounts are transferred to 
     the National Railroad Retirement Investment Trust pursuant to 
     the amendments made by section 107.
                                  ____

  SA 2185. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Railroad Retirement and 
     Survivors' Improvement Act of 2001''.

     SEC. 2. EXPANSION OF WIDOW'S AND WIDOWER'S BENEFITS.

       (a) In General.--Section 4(g) of the Railroad Retirement 
     Act of 1974 (45 U.S.C. 231c(g)) is amended by adding at the 
     end the following new subdivision:
       ``(10)(i) If for any month the unreduced annuity provided 
     under this section for a widow or widower is less than the 
     widow's or widower's initial minimum amount computed pursuant 
     to paragraph (ii) of this subdivision, the unreduced annuity 
     shall be increased to that initial minimum amount. For the 
     purposes of this subdivision, the unreduced annuity is the 
     annuity without regard to any deduction on account of work, 
     without regard to any reduction for entitlement to an annuity 
     under section 2(a)(1) of this Act, without regard to any 
     reduction for entitlement to a benefit under title II of the 
     Social Security Act, and without regard to any reduction for 
     entitlement to a public service pension pursuant to section 
     202(e)(7), 202(f)(2), or 202(g)(4) of the Social Security 
     Act.
       ``(ii) For the purposes of this subdivision, the widow or 
     widower's initial minimum amount is the amount of the 
     unreduced annuity computed at the time an annuity is awarded 
     to that widow or widower, except that--
       ``(A) in subsection (g)(1)(i) `100 per centum' shall be 
     substituted for `50 per centum'; and
       ``(B) in subsection (g)(2)(ii) `130 per centum' shall be 
     substituted for `80 per centum' both places it appears.
       ``(iii) If a widow or widower who was previously entitled 
     to a widow's or widower's annuity under section 2(d)(1)(ii) 
     of this Act becomes entitled to a widow's or widower's 
     annuity under section 2(d)(1)(i) of this Act, a new initial 
     minimum amount shall be computed at the time of award of the 
     widow's or widower's annuity under section 2(d)(1)(i) of this 
     Act.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     take effect on the first day of the first month that begins 
     more than 30 days after enactment, and shall apply to annuity 
     amounts accruing for months after the effective date in the 
     case of annuities awarded--
       (A) on or after that date; and
       (B) before that date, but only if the annuity amount under 
     section 4(g) of the Railroad Retirement Act of 1974 (45 
     U.S.C. 231c(g)) was computed under such section, as amended 
     by the Omnibus Budget Reconciliation Act of 1981 (Public Law 
     97-35; 95 Stat. 357).
       (2) Special rule for annuities awarded before the effective 
     date.--In applying the amendment made by this section to 
     annuities awarded before the effective date, the calculation 
     of the initial minimum amount under new section 4(g)(10)(ii) 
     of the Railroad Retirement Act of 1974 (45 U.S.C. 
     231c(g)(10)(ii)), as added by subsection (a), shall be made 
     as of the date of the award of the widow's or widower's 
     annuity.

     SEC. 3. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE TAXES ON 
                   RAILROADS WHICH REMAIN IN GENERAL FUND.

       (a) Taxes on Trains.--
       (1) In general.--Subparagraph (A) of section 4041(a)(1) of 
     the Internal Revenue Code of 1986 (relating to tax on diesel 
     fuel in certain cases) is amended--
       (A) by striking ``or a diesel-powered train'' in clauses 
     (i) and (ii), and
       (B) by striking ``or train'' in clause (i).
       (2) Conforming amendments.--
       (A) Subparagraph (C) of section 4041(a)(1) of such Code is 
     amended by striking clause (ii) and by redesignating clause 
     (iii) as clause (ii).
       (B) Subparagraph (C) of section 4041(b)(1) of such Code is 
     amended by striking all that follows ``section 6421(e)(2)'' 
     and inserting a period.
       (C) Subsection (d) of section 4041 of such Code is amended 
     by redesignating paragraph (3) as paragraph (4) and by 
     inserting after paragraph (2) the following new paragraph:
       ``(3) Diesel fuel used in trains.--There is hereby imposed 
     a tax of 0.1 cent per gallon on any liquid other than 
     gasoline (as defined in section 4083)--
       ``(A) sold by any person to an owner, lessee, or other 
     operator of a diesel-powered train for use as a fuel in such 
     train, or
       ``(B) used by any person as a fuel in a diesel-powered 
     train unless there was a taxable sale of such fuel under 
     subparagraph (A).
     No tax shall be imposed by this paragraph on the sale or use 
     of any liquid if tax was imposed on such liquid under section 
     4081.''.
       (D) Subsection (f) of section 4082 of such Code is amended 
     by striking ``section 4041(a)(1)'' and inserting 
     ``subsections (d)(3) and (a)(1) of section 4041, 
     respectively''.
       (E) Paragraph (3) of section 4083(a) of such Code is 
     amended by striking ``or a diesel-powered train''.
       (F) Paragraph (3) of section 6421(f) of such Code is 
     amended to read as follows:
       ``(3) Gasoline used in trains.--In the case of gasoline 
     used as a fuel in a train, this section shall not apply with 
     respect to the Leaking Underground Storage Tank Trust Fund 
     financing rate under section 4081.''.
       (G) Paragraph (3) of section 6427(f) of such Code is 
     amended to read as follows:
       ``(3) Refund of certain taxes on fuel used in diesel-
     powered trains.--For purposes of this subsection, the term 
     `nontaxable use' includes fuel used in a diesel-powered 
     train. The preceding sentence shall not apply to the tax 
     imposed by section 4041(d) and the Leaking Underground 
     Storage Tank Trust Fund financing rate under section 4081 
     except with respect to fuel sold for exclusive use by a State 
     or any political subdivision thereof.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2002.
                                  ____

  SA 2186. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 10, to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION 
                   ISSUES.

       (a) Purpose.--The purpose of this section is to require 
     procedures that ensure the fair and equitable resolution of 
     labor integration issues, in order to prevent further 
     disruption to transactions for the combination of air 
     carriers, which would potentially aggravate the disruption 
     caused by the attack on the United States on September 11, 
     2001.
       (b) Definitions.--In this Act:
       (1) Air carrier.--The term ``air carrier'' means an air 
     carrier that holds a certificate issued under chapter 411 of 
     title 49, United States Code.

[[Page S12267]]

       (2) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier that is involved in a covered 
     transaction.
       (3) Covered employee.--The term ``covered employee'' means 
     an employee who--
       (A) is not a temporary employee; and
       (B) is a member of a craft or class that is subject to the 
     Railway Labor Act (45 U.S.C. 151 et seq.).
       (4) Covered transaction.--The term ``covered transaction'' 
     means a transaction that--
       (A) is a transaction for the combination of multiple air 
     carriers into a single air carrier;
       (B) involves the transfer of ownership or control of--
       (i) 50 percent or more of the equity securities (as defined 
     in section 101 of title 11, United States Code) of an air 
     carrier; or
       (ii) 50 percent or more (by value) of the assets of the air 
     carrier;
       (C) became a pending transaction, or was completed, not 
     earlier than January 1, 2001; and
       (D) did not result in the creation of a single air carrier 
     by September 11, 2001.
       (c) Seniority Integration.--In any covered transaction 
     involving a covered air carrier that leads to the combination 
     of crafts or classes that are subject to the Railway Labor 
     Act--
       (1) sections 3 and 13 of the labor protective provisions 
     imposed by the Civil Aeronautics Board in the Allegheny-
     Mohawk merger (as published at 59 CAB 45) shall apply to the 
     covered employees of the covered air carrier; and
       (2) subject to paragraph (1), in a case in which a 
     collective bargaining agreement provides for the application 
     of sections 3 and 13 of the labor protective provisions in 
     the process of seniority integration for the covered 
     employees, the terms of the collective bargaining agreement 
     shall apply to the covered employees and shall not be 
     abrogated.
       (d) Enforcement.--Any aggrieved person (including any labor 
     organization that represents the person) may bring an action 
     to enforce this section, or the terms of any award or 
     agreement resulting from arbitration or a settlement relating 
     to the requirements of this section. The person may bring the 
     action in an appropriate Federal district court, determined 
     in accordance with section 1391 of title 28, United States 
     Code, without regard to the amount in controversy.
                                  ____

  SA 2187. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 2171 submitted by Mr. Lott and intended to be proposed to 
the amendment SA 2170 proposed by Mr. Daschle to the bill (H.R. 10) to 
provide for pension reform, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION 
                   ISSUES.

       (a) Purpose.--The purpose of this section is to require 
     procedures that ensure the fair and equitable resolution of 
     labor integration issues, in order to prevent further 
     disruption to transactions for the combination of air 
     carriers, which would potentially aggravate the disruption 
     caused by the attack on the United States on September 11, 
     2001.
       (b) Definitions.--In this Act:
       (1) Air carrier.--The term ``air carrier'' means an air 
     carrier that holds a certificate issued under chapter 411 of 
     title 49, United States Code.
       (2) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier that is involved in a covered 
     transaction.
       (3) Covered employee.--The term ``covered employee'' means 
     an employee who--
       (A) is not a temporary employee; and
       (B) is a member of a craft or class that is subject to the 
     Railway Labor Act (45 U.S.C. 151 et seq.).
       (4) Covered transaction.--The term ``covered transaction'' 
     means a transaction that--
       (A) is a transaction for the combination of multiple air 
     carriers into a single air carrier;
       (B) involves the transfer of ownership or control of--
       (i) 50 percent or more of the equity securities (as defined 
     in section 101 of title 11, United States Code) of an air 
     carrier; or
       (ii) 50 percent or more (by value) of the assets of the air 
     carrier;
       (C) became a pending transaction, or was completed, not 
     earlier than January 1, 2001; and
       (D) did not result in the creation of a single air carrier 
     by September 11, 2001.
       (c) Seniority Integration.--In any covered transaction 
     involving a covered air carrier that leads to the combination 
     of crafts or classes that are subject to the Railway Labor 
     Act--
       (1) sections 3 and 13 of the labor protective provisions 
     imposed by the Civil Aeronautics Board in the Allegheny-
     Mohawk merger (as published at 59 CAB 45) shall apply to the 
     covered employees of the covered air carrier; and
       (2) subject to paragraph (1), in a case in which a 
     collective bargaining agreement provides for the application 
     of sections 3 and 13 of the labor protective provisions in 
     the process of seniority integration for the covered 
     employees, the terms of the collective bargaining agreement 
     shall apply to the covered employees and shall not be 
     abrogated.
       (d) Enforcement.--Any aggrieved person (including any labor 
     organization that represents the person) may bring an action 
     to enforce this section, or the terms of any award or 
     agreement resulting from arbitration or a settlement relating 
     to the requirements of this section. The person may bring the 
     action in an appropriate Federal district court, determined 
     in accordance with section 1391 of title 28, United States 
     Code, without regard to the amount in controversy.
                                  ____

  SA. 2188. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FAIR AND EQUITABLE RESOLUTION OF LABOR INTEGRATION 
                   ISSUES.

       (a) Purpose.--The purpose of this section is to require 
     procedures that ensure the fair and equitable resolution of 
     labor integration issues, in order to prevent further 
     disruption to transactions for the combination of air 
     carriers, which would potentially aggravate the disruption 
     caused by the attack on the United States on September 11, 
     2001.
       (b) Definitions.--In this Act:
       (1) Air carrier.--The term ``air carrier'' means an air 
     carrier that holds a certificate issued under chapter 411 of 
     title 49, United States Code.
       (2) Covered air carrier.--The term ``covered air carrier'' 
     means an air carrier that is involved in a covered 
     transaction.
       (3) Covered employee.--The term ``covered employee'' means 
     an employee who--
       (A) is not a temporary employee; and
       (B) is a member of a craft or class that is subject to the 
     Railway Labor Act (45 U.S.C. 151 et seq.).
       (4) Covered transaction.--The term ``covered transaction'' 
     means a transaction that--
       (A) is a transaction for the combination of multiple air 
     carriers into a single air carrier;
       (B) involves the transfer of ownership or control of--
       (i) 50 percent or more of the equity securities (as defined 
     in section 101 of title 11, United States Code) of an air 
     carrier; or
       (ii) 50 percent or more (by value) of the assets of the air 
     carrier;
       (C) became a pending transaction, or was completed, not 
     earlier than January 1, 2001; and
       (D) did not result in the creation of a single air carrier 
     by September 11, 2001.
       (c) Seniority Integration.--In any covered transaction 
     involving a covered air carrier that leads to the combination 
     of crafts or classes that are subject to the Railway Labor 
     Act--
       (1) sections 3 and 13 of the labor protective provisions 
     imposed by the Civil Aeronautics Board in the Allegheny-
     Mohawk merger (as published at 59 CAB 45) shall apply to the 
     covered employees of the covered air carrier; and
       (2) subject to paragraph (1), in a case in which a 
     collective bargaining agreement provides for the application 
     of sections 3 and 13 of the labor protective provisions in 
     the process of seniority integration for the covered 
     employees, the terms of the collective bargaining agreement 
     shall apply to the covered employees and shall not be 
     abrogated.
       (d) Enforcement.--Any aggrieved person (including any labor 
     organization that represents the person) may bring an action 
     to enforce this section, or the terms of any award or 
     agreement resulting from arbitration or a settlement relating 
     to the requirements of this section. The person may bring the 
     action in an appropriate Federal district court, determined 
     in accordance with section 1391 of title 28, United States 
     Code, without regard to the amount in controversy.
                                  ____

  SA 2189. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of this Act, 
     the $15,000,000,000 transfer authorized under section 107(a) 
     shall not take effect unless the Secretary of the Treasury 
     finds that no portion of the transferred funds are 
     attributable to the surplus in Social Security.''.
                                  ____

  SA 2190. Mr. NICKLES submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 204(d) and insert the following:
       (d) Determination of Rate.--Chapter 22 is amended by adding 
     at the end the following new subchapter:

             ``Subchapter E--Tier 2 Tax Rate Determination

``Sec. 3241. Determination of tier 2 tax rate based on account benefits 
              ratio.

[[Page S12268]]

     ``SEC. 3241. DETERMINATION OF TIER 2 TAX RATE BASED ON 
                   ACCOUNT BENEFITS RATIO.

       ``(a) In General.--For purposes of sections 3201(b), 
     3211(b), and 3221(b), the applicable percentage for any 
     calendar year is the percentage determined in accordance with 
     the table in subsection (b).
       ``(b) Tax Rate Schedule.--


------------------------------------------------------------------------
     ``Account benefits ratio           Applicable
-----------------------------------   percentage for       Applicable
                                     sections 3211(b)    percentage for
    At least        But less than      and 3221(b)      section 3201(b)
------------------------------------------------------------------------
                            2.5                22.1                4.9
          2.5               3.0                18.1                4.9
          3.0               3.5                15.1                4.9
          3.5               4.0                14.1                4.9
          4.0               6.1                13.1                4.9
          6.1               6.5                12.6                4.4
          6.5               7.0                12.1                3.9
          7.0               7.5                11.6                3.4
          7.5               8.0                11.1                2.9
          8.0               8.5                10.1                1.9
          8.5               9.0                 9.1                0.9
          9.0                                   8.2                  0
------------------------------------------------------------------------

       ``(c) Account Benefits Ratio.--For purposes of this 
     section, the term `account benefits ratio' means, with 
     respect to any calendar year, the amount determined by the 
     Railroad Retirement Board by dividing the fair market value 
     of the assets in the Railroad Retirement Account and of the 
     National Railroad Retirement Investment Trust (and for years 
     before 2002, the Social Security Equivalent Benefits Account) 
     as of the close of the most recent fiscal year ending before 
     such calendar year by the total benefits and administrative 
     expenses paid from the Railroad Retirement Account and the 
     National Railroad Retirement Investment Trust during such 
     fiscal year.
       ``(d) Notice.--No later than December 1 of each calendar 
     year, the Secretary shall publish a notice in the Federal 
     Register of the rates of tax determined under this section 
     which are applicable for the following calendar year.''.
                                  ____

  SA 2191. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, the 
     reduction in the retirement age authorized by section 102 
     shall not take effect until the Secretary of the Treasury 
     finds that there has been a comparable reduction in the 
     Social Security retirement age.''.
                                  ____

  SA 2192. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of this Act, 
     the $15,000,000,000 transfer authorized under section 107(a) 
     shall not take effect unless the Secretary of the Treasury 
     finds that no portion of the transferred funds are 
     attributable to the surplus in Social Security or in 
     Medicare.''.
                                  ____

  SA 2193. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, the 
     Board of Trustees created under section 105 shall invest the 
     funds of the Trust only in a manner that maximizes return on 
     investment, consistent with prudent risk management. Any 
     railroad employee, retiree, survivor, or company may bring a 
     civil action to enforce this section.''.
                                  ____

  SA 2194. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the table on page 39, line 9, strike 22.1 and insert 
     ``such percentage as the Secretary determines is necessary to 
     restore the average account benefit ratio to 2.5.''.
                                  ____

  SA 2195. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike Sec. 107(c).
                                  ____

  SA 2196. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of this Act, 
     any reduction in tax or increase in benefits shall take 
     effect only to the degree that the Secretary of the Treasury 
     finds that the actual earnings of the Railroad Retirement 
     Investment Trust Fund are sufficient to fund them.''.
                                  ____

  SA 2197. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike Section 105(c).
                                  ____

  SA 2198. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, any 
     reduction in tax under section 204 shall be null and void in 
     any year that the combined balances of the Railroad 
     Retirement trust funds have been depleted by more than 10 
     percent as compared to the combined balances of the Railroad 
     Retirement trust funds projected by the Railroad Retirement 
     Board under employment assumption II as of the day before the 
     date of enactment of this Act.''.
                                  ____

  SA 2199. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, any 
     reduction in tax under section 204 shall be null and void in 
     any year that the combined balances of the Railroad 
     Retirement trust funds have been depleted by more than 20 
     percent as compared to the combined balances of the Railroad 
     Retirement trust funds projected by the Railroad Retirement 
     Board under employment assumption II as of the day before the 
     date of enactment of this Act.''.
                                  ____

  SA 2200. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, any 
     reduction in tax under section 204 shall be null and void in 
     any year that the combined balances of the Railroad 
     Retirement trust funds have been depleted by more than 40 
     percent as compared to the combined balances of the Railroad 
     Retirement trust funds projected by the Railroad Retirement 
     Board under employment assumption II as of the day before the 
     date of enactment of this Act.''.
                                  ____

  SA 2201. Mr. GRAMM submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 2 of the amendment, insert before line 1 the 
     following:
       ``Sec. 2. Notwithstanding any other provision of Act, any 
     reduction in tax under section 204 shall be null and void in 
     any year that the combined balances of the Railroad 
     Retirement trust funds have been depleted by more than 75 
     percent ads compared to the combined balance of the Railroad 
     Retirement trust funds projected by the Railroad Retirement 
     Board under employment assumption II as of the day before the 
     date of enacting of this Act.''.
                                  ____

  SA 2202. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment SA 2170 submitted by Mr. Daschle and intended to be 
proposed to the bill (H.R. 10) to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page S12269]]


       Strike section 105(c).
                                  ____

  SA 2203. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 10, to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . EFFECTIVE DATE REQUIRES BALANCED BUDGET.

       Notwithstanding any other provision of this Act, this Act 
     and the amendments made by this Act shall take effect on the 
     first day of the first fiscal year with respect to a budget 
     that follows the year when an actual on-budget surplus that 
     exceeds amounts in the Medicare trust funds has been 
     achieved..
                                  ____

  SA 2204. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 10, to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . EFFECTIVE DATE REQUIRES BALANCED BUDGET.

       Notwithstanding any other provision of this Act, this Act 
     and the amendments made by this Act shall take effect on the 
     first day of the first fiscal year with respect to which the 
     President submits a budget pursuant to section 1105 of title 
     31, United States Code, that provides an on-budget surplus 
     that exceeds amounts in the Medicare trust funds.
                                  ____

  SA 2205. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 10, to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . EFFECTIVE DATE REQUIRES BALANCED BUDGET.

       Notwithstanding any other provision of this Act, this Act 
     and the amendments made by this Act shall take effect on the 
     first day of the first fiscal year with respect to which the 
     President submits a budget pursuant to section 1105 of title 
     31, United States Code, that provides an on-budget surplus.
                                  ____

  SA 2206. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 10, to provide for pension reform, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . EFFECTIVE DATE REQUIRES BALANCED BUDGET.

       Notwithstanding any other provision of this Act, this Act 
     and the amendments made by this Act shall take effect on the 
     first day of the first fiscal year with respect to which the 
     President submits a budget pursuant to section 1105 of title 
     31, United States Code, that provide a unified budget 
     surplus.
                                  ____

  SA 2207. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 10, to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following.

     SEC.   . SENSE OF THE SENATE REGARDING ACCELERATION OF RAIL 
                   TO WASHINGTON DULLES INTERNATIONAL AIRPORT.

       (a.) Sense of the Senate.--It is the sense of the Senate 
     that Congress should--
       (1) Act expeditiously to facilitate the extension of rail 
     service to Washington Dulles International Airport.
       (2) Encourage the Administrator of the Federal Transit 
     Administration to work with the Commonwealth of Virginia, 
     Northern Virginia municipalities, and the Metropolitan 
     Washington Area Transit Authority to develop and implement a 
     financing plan for the Dulles Corridor raid transit project.
                                  ____

  SA 2280. Mr. ALLEN submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Terrorist Response Tax 
     Exemption Act''.

     SEC. 2 EXCLUSION OF CERTAIN TERRORIST ATTACK ZONE 
                   COMPENSATION OF CIVILIAN UNIFORMED PERSONNEL.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to * * *
       ``(A) were dangerous to human life and a violation of the 
     criminal laws of the United States or of any State, and
       ``(B) would appear to be intended to intimidate or coerce a 
     civilian population, influence the policy of a government by 
     intimidation, or affect the conduct of a government by 
     assassination or kidnapping.
       ``(3) Compensation.--The term `compensation' does not 
     include pensions and retirement pay.''.
       (b) Conforming Amendments.--
       (1) Section 3401(a)(1) of the Internal Revenue Code of 1986 
     is amended by inserting ``or section 112A (relating to 
     certain terrorist attack zone compensation of civilian 
     uniformed personnel)'' after ``United States)''.
       (2) The table of sections for part III of subchapter B of 
     chapter 1 of such Code is amended by inserting after the item 
     relating to section 112 the following new item:

``Sec. 112A. Certain terrorist attack zone compensation of civilian 
              uniformed personnel.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending on or after September 11, 
     2001.
  SA 2209. Mr. ALLEN submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following.

     SEC.  . SENSE OF THE SENATE REGARDING ACCELERATION OF RAIL TO 
                   WASHINGTON DULLES INTERNATIONAL AIRPORT.

       (a.) Sense of the Senate.--It is the sense of the Senate 
     that Congress should--
       (1) Act expeditiously to facilitate the extension of rail 
     service to Washington Dulles International Airport.
       (2) Encourage the Administrator of the Federal Transit 
     Administration to work with the Commonwealth of Virginia, 
     Northern Virginia municipalities, and the Metropolitan 
     Washington Area Transit Authority to develop and implement a 
     financing plan for the Dulles Corridor rapid transit project.
                                  ____

  SA 2210. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 10, to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.    NATIONAL EMERGENCY GRANTS.

       In section 173(a) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2918(a)(4)), add after (3):
       (4) to provide assistance to the Governor to provide 
     personal income compensation to a unemployed worker, if--
       (A) the worker is unable to work due to direct Federal 
     Government intervention, as a result of a direct response to 
     the terrorist attacks which occurred on September 11th, 2001, 
     leading to--
       (i) closure of the facility at which the worker was 
     employed, prior to the intervention; or
       (ii) a restriction on how business may be conducted at the 
     facility; and
       (B) the facility is located within an area, which not later 
     than October 1, 2001, was declared a major disaster area or 
     an emergency by the President, pursuant to section 401 or 
     501, respectively, of the Robert T. Stafford Disaster Relief 
     and Emergency Relief Act (42 U.S.C. 5170 and 5191), due to a 
     terrorist attack on the United States on September 11, 2001.
       (5) to provide assistance to the Governor to provide 
     business income compensation to an independently owned 
     business or proprietorship if--
       (A) the business or proprietorship is unable to earn 
     revenue due to direct Federal intervention, as a result of a 
     direct response to the terrorist attacks which occurred on 
     September 11th, 2001, leading to--
       (i) closure of the facility at which the business or 
     prorietorship was located, prior to the intervention; or
       (ii) a restriction on how customers may access the 
     facility; and
       (B) the facility is located within an area, which not later 
     than October 1, 2001, was declared a major disaster area or 
     an emergency by the President, pursuant to section 401 or 
     501, respectively, of the Robert T. Stafford Disaster Relief 
     and Emergency Relief Act (42 U.S.C. 5170 and 5191), due to a 
     terrorist attack on the United States on September 11, 2001.
                                  ____

  SA 2211. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 10, to provide for pension, reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       Insert the following.

     SECTION   . SHORT TITLE.

       This Act may be cited as the ``Terrorist Response Tax 
     Exemption Act''.

     SEC.   . EXCLUSION OF CERTAIN TERRORIST ATTACK ZONE 
                   COMPENSATION OF CIVILIAN UNIFORMED PERSONNEL.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to items 
     specifically excluded from gross income) is amended by 
     inserting after section 112 the following new section:

     ``SEC. 112A. CERTAIN TERRORIST ATTACK ZONE COMPENSATION OF 
                   CIVILIAN UNIFORMED PERSONNEL.

       ``(a) In General.--Gross income does not include 
     compensation received by a civilian

[[Page S12270]]

     uniformed employee for any month during any part of which 
     such employee provides security, safety, fire management, or 
     medical services in a terrorist attack zone.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Civilian uniformed employee.--The term `civilian 
     uniformed employee' means any nonmilitary individual employed 
     by a Federal, State, or local government (or any agency or 
     instrumentality thereof) for the purpose of maintaining 
     public order, establishing and maintaining public safety, or 
     responding to medical emergencies.
       ``(2) Terrorist attack zone.--The term `terrorist attack 
     zone' means any area designated by the President or any 
     applicable State or local authority (as determined by the 
     Secretary) to be an area in which occurred a violent act or 
     acts which--
       ``(A) were dangerous to human life and a violation of the 
     criminal laws of the United States or of any State, and
       ``(B) would appear to be intended to intimidate or coerce a 
     civilian population, influence the policy of a government by 
     intimidation, or affect the conduct of a government by 
     assassination or kidnapping.
       ``(3) Compensation.--The term `compensation' does not 
     include pensions and retirement pay.''.
       (b) Conforming Amendments.--
       (1) Section 3401(a)(1) of the Internal Revenue Code of 1986 
     is amended by inserting ``or section 112A (relating to 
     certain terrorist attack zone compensation of civilian 
     uniformed personnel)'' after ``United States)''.
       (2) The table of sections for part III of subchapter B of 
     chapter 1 of such Code is amended by inserting after the item 
     relating to section 112 the following new item:

``Sec. 112A. Certain terrorist attack zone compensation of civilian 
              uniformed personnel.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending on or after September 11, 
     2001.
                                  ____

  SA 2212. Mr. ALLEN submitted an amendment intended to be proposed to 
amendment SA 2170 submitted by Mr. Daschle and intended to be proposed 
to the bill (H.R. 10) to provide for pension reform, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . NATIONAL EMERGENCY GRANTS

       In section 173(a) of the Workforce Investment Act of 1998 
     (29 U.S.C. 2918(a)(4)), add after (3):
       (4) to provide assistance to the Governor to provide 
     personal income compensation to a unemployed worker, if--
       (A) the worker is unable to work due to direct Federal 
     Government intervention, as a result of a direct response to 
     the terrorist attacks which occurred on September 11, 2001, 
     leading to--
       (i) closure of the facility at which the worker was 
     employed, prior to the intervention; or
       (ii) a restriction on how business may be conducted at the 
     facility; and
       (B) the facility is located within an area, which not later 
     than October 1, 2001, was declared a major disaster area or 
     an emergency by the President, pursuant to section 401 or 
     501, respectively, of the Robert T. Stafford Disaster Relief 
     and Emergency Relief Act (42 U.S.C. 5170 and 5191), due to a 
     terrorist attack on the United States on September 11, 2001.
       (5) to provide assistance to the Governor to provide 
     business income compensation to an independently owned 
     business or proprietorship if--
       (A) the business or proprietorship is unable to earn 
     revenue due to direct Federal intervention, as a result of a 
     direct response to the terrorist attacks which occurred on 
     September 11, 2001, leading to--
       (i) closure of the facility at which the business or 
     proprietorship was located, prior to the intervention; or
       (ii) a restriction on how customers may access the 
     facility; and
       (B) the facility is located within an area, which not later 
     than October 1, 2001, was declared a major disaster area or 
     an emergency by the President, pursuant to section 401 or 
     501, respectively, of the Robert T. Stafford Disaster Relief 
     and Emergency Relief Act (42 U.S.C. 5170 and 5191), due to a 
     terrorist attack on the United States on September 11, 2001.
                                  ____

  SA 2213. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 10, to provide for pension reform, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                 TITLE ____--HUMAN CLONING PROHIBITION

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Human Cloning Prohibition 
     Act of 2001''.

     SEC. ____02. FINDINGS.

       Congress finds that--
       (1) the National Bioethics Advisory Commission (referred to 
     in this title as the ``NBAC'') has reviewed the scientific 
     and ethical implications of human cloning and has determined 
     that the cloning of human beings is morally unacceptable;
       (2) the NBAC recommended that Federal legislation be 
     enacted to prohibit anyone from conducting or attempting 
     human cloning, whether using Federal or non-Federal funds;
       (3) the NBAC also recommended that the United States 
     cooperate with other countries to enforce mutually supported 
     prohibitions on human cloning;
       (4) the NBAC found that somatic cell nuclear transfer (also 
     known as nuclear transplantation) may have many important 
     applications in medical research;
       (5) the Institute of Medicine has found that nuclear 
     transplantation may enable stem cells to be developed in a 
     manner that will permit such cells to be transplanted into a 
     patient without being rejected;
       (6) the NBAC concluded that any regulatory or legislative 
     actions undertaken to prohibit human cloning should be 
     carefully written so as not to interfere with other important 
     areas of research, such as stem cell research; and
       (7)(A) biomedical research and clinical facilities engage 
     in and affect interstate commerce;
       (B) the services provided by clinical facilities move in 
     interstate commerce;
       (C) patients travel regularly across State lines in order 
     to access clinical facilities; and
       (D) biomedical research and clinical facilities engage 
     scientists, doctors, and other staff in an interstate market, 
     and contract for research and purchase medical and other 
     supplies in an interstate market.

     SEC. ____03. PURPOSES.

       It is the purpose of this title to prohibit any attempt to 
     clone a human being while protecting important areas of 
     medical research, including stem cell research.

     SEC. ____04. PROHIBITION ON HUMAN CLONING.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 15, the following:

               ``CHAPTER 16--PROHIBITION ON HUMAN CLONING

``Sec.
``301. Prohibition on human cloning.

     ``Sec. 301. Prohibition on human cloning

       ``(a) Definitions.--In this section:
       ``(1) Human cloning.--The term `human cloning' means 
     asexual reproduction by implanting or attempting to implant 
     the product of nuclear transplantation into a uterus.
       ``(2) Human somatic cell.--The term `human somatic cell' 
     means a mature, diploid cell that is obtained or derived from 
     a living or deceased human being at any stage of development.
       ``(3) Nuclear transplantation.--The term `nuclear 
     transplantation' means transferring the nucleus of a human 
     somatic cell into an oocyte from which the nucleus or all 
     chromosomes have been or will be removed or rendered inert.
       ``(4) Nucleus.--The term `nucleus' means the cell structure 
     that houses the chromosomes, and thus the genes.
       ``(5) Oocyte.--The term `oocyte' means the female germ 
     cell, the egg.
       ``(b) Prohibitions on Human Cloning.--It shall be unlawful 
     for any person or other legal entity, public or private--
       ``(1) to conduct or attempt to conduct human cloning;
       ``(2) to ship the product of nuclear transplantation in 
     interstate or foreign commerce for the purpose of human 
     cloning in the United States or elsewhere; or
       ``(3) to use funds made available under any provision of 
     Federal law for an activity prohibited under paragraph (1) or 
     (2).
       ``(c) Protection of Medical Research.--Nothing in this 
     section shall be construed to restrict areas of biomedical 
     and agricultural research or practices not expressly 
     prohibited in this section, including research or practices 
     that involve the use of--
       ``(1) nuclear transplantation to produce human stem cells;
       ``(2) techniques to create exact duplicates of molecules, 
     DNA, cells, and tissues;
       ``(3) mitochondrial, cytoplasmic or gene therapy; or
       ``(4) nuclear transplantation techniques to create nonhuman 
     animals.
       ``(d) Penalties.--
       ``(1) In general.--Whoever intentionally violates any 
     provision of subsection (b) shall be fined under this title 
     and imprisoned not more than 10 years.
       ``(2) Civil penalties.--Whoever intentionally violates 
     paragraph (1), (2), or (3) of subsection (b) shall be subject 
     to a civil penalty of $1,000,000 or three times the gross 
     pecuniary gain resulting from the violation, whichever is 
     greater.
       ``(3) Civil actions.--If a person is violating or about to 
     violate the provisions of subsection (b), the Attorney 
     General may commence a civil action in an appropriate Federal 
     district court to enjoin such violation.
       ``(4) Forfeiture.--Any property, real or personal, derived 
     from or used to commit a violation or attempted violation of 
     the provisions of subsection (b), or any property traceable 
     to such property, shall be subject to forfeiture to the 
     United States in accordance with the procedures set forth in 
     chapter 46 of title 18, United States Code.
       ``(5) Advisory opinions.--The Attorney General shall, upon 
     request, render binding advisory opinions regarding the 
     scope, applicability, interpretation, and enforcement of this 
     section with regard to specific research projects or 
     practices.
       ``(e) Cooperation With Foreign Countries.--It is the sense 
     of Congress that the

[[Page S12271]]

     President should cooperate with foreign countries to enforce 
     mutually supported restrictions on the activities prohibited 
     under subsection (b).
       ``(f) Right of Action.--Nothing in this section shall be 
     construed to give any individual or person a private right of 
     action.
       ``(g) Preemption of State Law.--The provisions of this 
     section shall preempt any State or local law that prohibits 
     or restricts research regarding, or practices constituting, 
     nuclear transplantation, mitochondrial or cytoplasmic 
     therapy, or the cloning of molecules, DNA, cells, tissues, 
     organs, plants, animals, or humans.''.
       (b) Ethical requirements for nuclear transplantation 
     research.--Part H of title IV of the Public Health Service 
     Act (42 U.S.C. 289 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION 
                   RESEARCH.

       ``(a) Definitions.--In this section:
       ``(1) Human somatic cell.--The term `human somatic cell' 
     means a mature, diploid cell that is obtained or derived from 
     a living or deceased human being at any stage of development.
       ``(2) Nuclear transplantation.--The term `nuclear 
     transplantation' means transferring the nucleus of a human 
     somatic cell into an oocyte from which the nucleus or all 
     chromosomes have been or will be removed or rendered inert.
       ``(3) Nucleus.--The term `nucleus' means the cell structure 
     that houses the chromosomes, and thus the genes.
       ``(4) Oocyte.--The term `oocyte' means the female germ 
     cell, the egg.
       ``(b) Applicability of Federal Ethical Standards to Nuclear 
     Transplantation Research.--Research involving nuclear 
     transplantation shall be conducted in accordance with the 
     applicable provisions of part 46 of title 45, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     Human Cloning Prohibition Act of 2001).
       ``(c) Civil Penalties.--Whoever intentionally violates 
     subsection (b) shall be subject to a civil penalty of not 
     more than $250,000.
       ``(d) Enforcement.--The Secretary of Health and Human 
     Services shall have the exclusive authority to enforce this 
     section.''.

                          ____________________