[Congressional Record Volume 148, Number 72 (Wednesday, June 5, 2002)]
[Senate]
[Pages S5063-S5104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S5063]]

Senate

                           TEXT OF AMENDMENTS

  SA 3580. Mr. CLELAND submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 94, line 16, after the semicolon insert the 
     following: ``$15,870,000 shall be made available to the 
     Federal Law Enforcement Training Center for additional 
     instructors, facilities, and equipment required to train new 
     law enforcement staffing required following the September 11, 
     2001, terrorist attacks, in particular for basic training for 
     the new Transportation Security Administration;''.
                                  ____

  SA 3581. Ms. LANDRIEU (for herself, Mr. Breaux, and Mr. Harkin) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 78, line 22, strike ``$72,000,000'' and insert 
     ``$69,463,000''.
       On page 79, between lines 6 and 7, insert the following:

                Administration for Children and Families


                children and families services programs

       For an additional amount for fiscal year 2002 for 
     ``Children and Families Services Programs'', $2,537,000, 
     which shall be available, without regard to paragraph (3) or 
     (4) of section 122(a) of the Developmental Disabilities 
     Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
     15022(a)), to support activities carried out in fiscal years 
     2001 and 2002 by State Councils on Developmental 
     Disabilities, through grants only to States adversely 
     affected for fiscal years 2001 and 2002 by the omission from 
     such Act of the provisions of section 125(a)(3)(A)(ii)(II) of 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act (as in effect on October 29, 2000).
       On page 89, between lines 3 and 4, insert the following
       Sec. 807. (a) Section 122(a) of the Developmental 
     Disabilities Assistance and Bill of Rights Act of 2000 (42 
     U.S.C. 15022(a)) is amended--
       (1) in paragraph (3)(A), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) to each of American Samoa, Guam, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands may not be less than the greater of--

       ``(I) $210,000; or
       ``(II) (except in a fiscal year for which the amount 
     appropriated under section 129 is less than the amount so 
     appropriated for the preceding fiscal year) the allotment 
     received by such State under this section for the preceding 
     fiscal year; and

       ``(ii) to any State not described in clause (i) may not be 
     less than the greater of--

       ``(I) $400,000; or
       ``(II) (except in a fiscal year for which the amount 
     appropriated under section 129 is less than the amount so 
     appropriated for the preceding fiscal year) the allotment 
     received by such State under this section for the preceding 
     fiscal year.''; and

       (2) in paragraph (4)(A), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) to each of American Samoa, Guam, the United States 
     Virgin Islands, and the Commonwealth of the Northern Mariana 
     Islands may not be less than the greater of--

       ``(I) $220,000; or
       ``(II) (except in a fiscal year for which the amount 
     appropriated under section 129 is less than the amount so 
     appropriated for the preceding fiscal year) the allotment 
     received by such State under this section for the preceding 
     fiscal year; and

       ``(ii) to any State not described in clause (i) may not be 
     less than the greater of--

       ``(I) $450,000; or
       ``(II) (except in a fiscal year for which the amount 
     appropriated under section 129 is less than the amount so 
     appropriated for the preceding fiscal year) the allotment 
     received by such State under this section for the preceding 
     fiscal year.''.

       (b) The amendments made by subsection (a) take effect on 
     October 1, 2002.
                                  ____

  SA 3582. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 102. SUDDEN OAK DEATH SYNDROME.

       The Secretary of Agriculture shall use $5,000,000 of funds 
     of the Commodity Credit Corporation to arrest, control, 
     eradicate, and prevent the spread of sudden oak death 
     syndrome, of which--
       (1) $1,500,000 shall be provided to the Animal and Plant 
     Health Inspection Service;
       (2) $1,500,000 shall be provided to the Agricultural 
     Research Service;
       (3) $1,500,000 shall be provided to the Forest Service; and
       (4) $500,000 shall be provided to the Cooperative State 
     Research, Education, and Extension Service.
                                  ____

  SA 3583. Mr. KENNEDY (for himself, Mr. Smith of Oregon, Mrs. Boxer, 
Mr. Dodd, Mr. Reid, Mrs. Murray, and Mr. Durbin) proposed an amendment 
to amendment SA 3570 proposed by Mr. Reid to the bill (H.R. 4775) 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EMERGENCY SUMMER SCHOOL FUNDING.

       (a) Findings; Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Under the amendments made by the No Child Left Behind 
     Act of 2001, students and schools rightly are held 
     accountable for meeting challenging State academic content 
     and student academic achievement standards in mathematics, 
     reading or language arts, and science.
       (B) Summer programs and activities supported under the 21st 
     Century Community Learning Centers program are critical to 
     providing supplemental academic services and academic 
     enrichment activities designed to help students meet local 
     and State academic standards.
       (C) Summer programs and activities supported under the 21st 
     Century Community Learning Centers program help children and 
     the children's families in the areas of youth development, 
     drug and violence prevention, and character education.
       (D) During the summer of 2002, school districts throughout 
     the Nation will confront more than $200,000,000 in cuts to 
     summer school programs, eliminating services and academic 
     support to more than 150,000 struggling children.
       (2) Purpose.--The purpose of this section is to provide 
     opportunities for communities to provide summertime 
     activities in community learning centers that--

[[Page S5064]]

       (A) provide opportunities for academic enrichment, 
     including providing tutorial services to help students, 
     particularly students who attend low-performing schools, to 
     meet State and local student academic achievement standards 
     in core academic subjects, such as reading and mathematics; 
     and
       (B) offer students an array of additional services, 
     programs, and activities, such as youth development 
     activities, drug and violence prevention programs, counseling 
     programs, art, music, and recreation programs, technology 
     education programs, and character education programs, that 
     are designed to reinforce and complement the regular academic 
     program of participating students.
       (b) Funding for Summer School Programs.--
       (1) In general.--Provided that, in addition to amounts 
     otherwise available to carry out section 4205(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7175(a)), $200,000,000 shall be available to carry out 
     activities described in section 4205(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7175(a)) during 
     the 2002 summer recess period.
       (2) Awarding of grants.--
       (A) In general.--Notwithstanding section 4202 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7172), the Secretary of Education shall award grants with 
     funds made available under paragraph (1) on a competitive 
     basis to eligible entities serving communities whose local 
     educational agencies are not able to meet fully the 
     communities' need for summer school programs.
       (B) Priority.--In awarding grants under subparagraph (A), 
     the Secretary of Education shall give priority to an eligible 
     entity that is a local educational agency or who serves a 
     community whose local educational agency--
       (i) serves high concentrations or numbers of low-income 
     children;
       (ii) before June 6, 2002, announced that the local 
     educational agency is canceling or reducing summer school 
     services in 2002; or
       (iii) is located in a State whose State educational agency, 
     before June 6, 2002, announced that the State educational 
     agency is canceling or reducing summer school funding for 
     2002.
       (3) Application and obligation.--
       (A) Application.--Notwithstanding sections 4203 and 4204 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7173 and 7174), an eligible entity that desires a grant under 
     this section shall submit an application to the Secretary of 
     Education at such time and in such manner as the Secretary of 
     Education may require.
       (B) Obligation.--Not later than 4 weeks after the date of 
     enactment of this section, the Secretary of Education shall 
     obligate funds made available under this section.
       (4) Definition of eligible entity.--In this section, the 
     term ``eligible entity'' has the meaning given the term in 
     section 4201 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7171).
       (5) Emergency designation.--The entire amount necessary to 
     carry out this section is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 3584. Ms. STABENOW (for herself and Mr. Levin) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 101, after line 23, insert the following:
       Sec. 1008. Using up to $300,000 of the amount appropriated 
     for fiscal year 2002 for the Department of Transportation for 
     the Coast Guard for acquisition, construction, and 
     improvements by title I of Public Law 107-87 (115 Stat. 836), 
     the Secretary of Transportation shall, by grant, reimburse 
     the City of Escanaba, Michigan, for the costs incurred by the 
     City for the repair of the North wall of the municipal dock, 
     Escanaba, Michigan, a facility used by the Coast Guard.
                                  ____

  SA 3585. Ms. STABENOW (for herself and Mr. Levin) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 8, line 18, after ``That'' insert ``of this amount, 
     $10,000,000 is for reimbursing State and local law 
     enforcement agencies that have provided necessary Federal 
     assistance to personnel of the Immigration and Naturalization 
     Service, and of the United States Customs Bureau Service, 
     along the Northern Border of the United States: Provided 
     further, That''.
                                  ____

  SA 3586. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 70, between lines 19 and 20, insert the following:


                         state wildlife grants

                              (rescission)

       Of the amounts made available for ``United States Fish and 
     Wildlife Service, State Wildlife Grants'' under title VIII of 
     the Department of the Interior and Related Agencies 
     Appropriation Act, 2001 (114 Stat. 1025), $2,000,000 is 
     rescinded.
       On page 73, between lines 2 and 3, insert the following:


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'' for 
     exhibits and other activities relating to the events of 
     September 11, 2001, $2,000,000, to remain available until 
     expended.
                                  ____

  SA 3587. Mr. BOND (for himself and Mr. Durbin) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 48, line 19, strike ``$10,000,000'' and insert 
     ``$22,200,000''.
       On page 49, beginning on line 4, strike ``flooding in'' and 
     all that follows through the end of line 6 and insert 
     ``flooding in eastern Kentucky, Illinois, Missouri, 
     southwestern Virginia, and southern West Virginia: Provided, 
     That the $22,200,000 is designated by Congress as an 
     emergency requirement under section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)).''.
                                  ____

  SA 3588. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 2002 of the bill.
                                  ____

  SA 3589. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       In chapter 10 of title I under the heading ``Transportation 
     Security Administration'', insert before the period the 
     following: ``: Provided further, That no amount appropriated 
     by this heading shall be available for prescribing 
     regulations to implement the aviation security program for 
     charter air carriers required by section 132(a) of the 
     Aviation and Transportation Security Act (Public Law 107-71; 
     115 Stat. 635; 49 U.S.C. 44903 note) unless such regulations 
     include pre-boarding screening requirements (including a 
     search of passengers and their accessible baggage) for 
     aircraft with a maximum certificated take off weight of 
     12,500 pounds or more''.
                                  ____

  SA 3590. Mr. HOLLINGS (for himself, Mr. Breaux and Mr. Lott) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place insert the following:

     SEC.   . CONTAMINATED SEAFOOD.

       (a) In General.--Section 801 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 381) is amended by--
       (1) redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Contaminated Seafood.--
       ``(1) Refusal of entry.--The Secretary of Health and Human 
     Services shall issue an order refusing admission into the 
     United States of all imports of seafood originating from a 
     country or exporter if the Secretary determines, on the basis 
     of evidence that the Secretary finds reliable and applicable, 
     that shipments of such seafood are likely to contain 1 or 
     more animal drugs listed in section 530.4(a) of title 21, 
     Code of Federal Regulations. Such evidence may include--
       ``(A) the detection of such animal drugs by the Secretary;
       ``(B) the detection of such animal drugs by an entity 
     commissioned to carry out examinations and investigations 
     under section 702(a) of this Act (21 U.S.C., 372(a));
       ``(C) findings from an inspection team formed under 
     paragraph (4); or
       ``(D) the detection by other importing countries of such 
     animal drugs in shipments of seafood that originate from such 
     country or exporter.
       ``(2) Allowance of individual shipments from exporting 
     country or exporter.--Notwithsteanding an order under 
     paragraph (1) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from that 
     exporter to be admitted into the United States if--
       ``(A) the exporter or importer presents evidence from a 
     laboratory certified by the Secretary under paragraph (5) 
     that a shipment does not contain a drug listed in section 
     530.41(a) of title 21, Code of Federal Regulations; or

[[Page S5065]]

       ``(B) the Secretary, or an entity commissioned to carry out 
     examinations and investigations under section 702(a) of this 
     Act (21 U.S.C. 372(a)), has inspected the shipment and has 
     found that the shipment does not contain such a drug.
       ``(3) Cancellation of order.--The Secretary may cancel an 
     order under paragraph (1) with respect to seafood exported 
     from a country or exporter-- if
       ``(A) an inspection team formed under paragraph (4) has 
     determined that the prohibited drug at issue is no longer 
     sold for use, or being used, in food-producing animals in the 
     country in which the seafood originated; or
       ``(B) all shipments into the United States under paragraph 
     (2) of seafood originating in that country or from that 
     exporter more than 1 years after the date on which the 
     Secretary issued the order have been found, under the 
     procedures described in paragraph (2), not to contain such a 
     drug.
       ``(4) Inspection team.--The Secretary may send 1 or more 
     inspectors to a country or exporter from which seafood 
     exported to the United States originates to assess whether 
     any such drug is sold for use, or is being used in, food-
     producing animals in that country. The inspection team shall 
     prepare a report for the Secretary with its findings. The 
     Secretary shall cause the report to be published in the 
     Federal Register no later than 90 days after the inspection 
     team makes its final report. The Secretary shall notify the 
     country or exporter through appropriate means as to the 
     findings of the report no later than the date on which the 
     report is published in the Federal Register.
       ``(5) Certified labs.--Within 90 days after the date of 
     enactment of the 2002 Supplemental Appropriations Act for 
     Further Recovery From and Response To Terrorist Attacks on 
     the United States, the Secretary shall publish in the Federal 
     Register a list of laboratories certified by the Secretary 
     for purposes of paragraph (2)(A). The Secretary shall update 
     the list, and publish the updated list, no less frequently 
     than annually.''.
       ``(b) Conforming Amendments.--Section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), as amended by 
     subsection (a), is amended by--
       (1) striking ``subsection (b)'' in subsection (a) and 
     inserting `'subsection (c)'';
       (2) striking ``subsection (b)'' in subsection (d) and 
     inserting `'subsection (c)'';
       (3) striking ``subsection (e)'' in subsection (g)(1) and 
     inserting ``subsection (f)'';
       (4) striking ``section 801(a)'' in subsection (h)(1)(A)(i) 
     and inserting ``subsection (a) of this section'';
       (5) striking ``section 801(a)'' in subsection (h)(1)(A)(ii) 
     and inserting ``subsection (a) of this section''; and
       ``(6) striking ``section 801(d)(1);'' in subsection 
     (h)(1)(A)(iii) and inserting ``subsection (d)(1) of this 
     section;''
                                  ____

  SA 3591. Mr. BIDEN (for himself, Mr. Carper, Mr. Torricelli, and Mr. 
Corzine) submitted an amendment intended to be proposed by him to the 
bill H.R. 4775, making supplemental appropriations for the fiscal year 
ending September 30, 2002, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of chapter 3 of title I, add the following:
       Sec. 307. The Secretary of the Army shall obligate and 
     expend the $2,000,000 appropriated for the Army by Public Law 
     107-117 for procurement of smokeless nitrocellulose under 
     Activity 1, instead under Activity 2, Production Base Support 
     Industrial Facilities, for the purpose of preserving a 
     commercially owned and operated capability of producing 
     defense grade nitrocellulose at the rate of at least 
     10,000,000 pounds per year in order to preserve a commercial 
     manufacturing capability for munitions precursor supplies for 
     the High Zone Modular Artillery Charge system and to preserve 
     competition in that manufacturing capability.
                                  ____

  SA 3592. Mr. BAYH (for himself, Ms. Mikulski, and Mr. Sarbanes) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       In chapter 3 of title I, insert after the matter under the 
     heading ``Research, Development, Test, and Evaluation, Air 
     Force'' the following:

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United states stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $100,000,000, of which $100,000,000 shall 
     be available for accelerated neutralization of chemical 
     weapons: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
                                  ____

  SA 3593. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 58, line 10, after ``Israel'' insert the following: 
     ``, all or a portion of which may be transferred to, and 
     merged with, funds appropriated by this Act under the heading 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'' for defensive, non-lethal anti-terrorism 
     assistance in accordance with the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961''.
                                  ____

  SA 3594. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table, as follows:

       On page 94, line 19, after ``Commerce'' insert ``Provided 
     further, That the Under Secretary for Transportation Security 
     shall report to the Committee on Appropriations of each House 
     (1) the amount of funds dedicated to improving public 
     transportation security, (2) the number of full-time 
     Transportation Security Administration personnel engaged in 
     improving public transportation security, (3) a plan for 
     improving the security of our Nation's public transportation 
     systems, and (4) recommendations of any policy changes 
     required to ensure Transportation Security Administration, 
     Department of Transportation, and the Federal Transit 
     Administration can effectively improve security for our 
     Nation's transit riders not later than 30 days after the date 
     of enactment of this Act''.
                                  ____

  SA 3595. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table, as follows:

       On page 94, line 19, after ``Commerce'' insert ``Provided 
     further, That not later than 30 days after the date of 
     enactment of this Act, the Under Secretary for Transportation 
     Security shall report to Congress (1) the amount of 
     Transportation Security Administration funds dedicated to 
     improving public transportation security, (2) the number of 
     full-time Transportation Security Administration personnel 
     engaged in improving public transportation security, (3) a 
     plan for improving the security of our Nation's public 
     transportation systems''.
                                  ____

  SA 3596. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table, as follows:

       On page 79, after line 6 insert the following new proviso:

               Centers for Medicare and Medicaid Services

                           Program Management

       ``: Provided further, That of the funds made available 
     under this heading in Public Law 107-116, $3,000,000 shall be 
     awarded to the Johns Hopkins School of Medicine for 
     activities associated with an in-home study of self-
     administered high frequency chest oscillation therapy for 
     patients with chronic obstructive pulmonary disease''.
                                  ____

  SA 3597. Mr. WARNER (for himself, Mr. Helms, Mr. Miller, Mr. Hatch, 
Mr. Kyl, Mr. Brownback, Mr. Allen, Mr. Ensign, Mr. Huchinson, Mr. 
Craig, Mr. Shelby, Mr. Hagel, Mr. Crapo, and Mr. Frist) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table, as 
follows:

       On page 116, after line 24, add the following:

          TITLE III--AMERICAN SERVICE- MEMBERS' PROTECTION ACT

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``American Servicemembers' 
     Protection Act of 2002''.

     SEC. 3002. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     vote on whether to proceed with the statute was 120 in favor 
     to 7 against, with 21 countries abstaining. The United States 
     voted against final adoption of the Rome Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified it. Pursuant to Article 126 of 
     the Rome Statute, the statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the statute.

[[Page S5066]]

       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador David Scheffer stated that the United 
     States could not sign the Rome Statute because certain 
     critical negotiating objectives of the United States had not 
     been achieved. As a result, he stated: ``We are left with 
     consequences that do not serve the cause of international 
     justice.''
       (5) Ambassador Scheffer went on to tell the Congress that: 
     ``Multinational peacekeeping forces operating in a country 
     that has joined the treaty can be exposed to the Court's 
     jurisdiction even if the country of the individual 
     peacekeeper has not joined the treaty. Thus, the treaty 
     purports to establish an arrangement whereby United States 
     armed forces operating overseas could be conceivably 
     prosecuted by the international court even if the United 
     States has not agreed to be bound by the treaty. Not only is 
     this contrary to the most fundamental principles of treaty 
     law, it could inhibit the ability of the United States to use 
     its military to meet alliance obligations and participate in 
     multinational operations, including humanitarian 
     interventions to save civilian lives. Other contributors to 
     peacekeeping operations will be similarly exposed.''.
       (6) Notwithstanding these concerns, President Clinton 
     directed that the United States sign the Rome Statute on 
     December 31, 2000. In a statement issued that day, he stated 
     that in view of the unremedied deficiencies of the Rome 
     Statute, ``I will not, and do not recommend that my successor 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (8) Members of the Armed Forces of the United States should 
     be free from the risk of prosecution by the International 
     Criminal Court, especially when they are stationed or 
     deployed around the world to protect the vital national 
     interests of the United States. The United States Government 
     has an obligation to protect the members of its Armed Forces, 
     to the maximum extent possible, against criminal prosecutions 
     carried out by the International Criminal Court.
       (9) In addition to exposing members of the Armed Forces of 
     the United States to the risk of international criminal 
     prosecution, the Rome Statute creates a risk that the 
     President and other senior elected and appointed officials of 
     the United States Government may be prosecuted by the 
     International Criminal Court. Particularly if the Preparatory 
     Commission agrees on a definition of the Crime of Aggression 
     over United States objections, senior United States officials 
     may be at risk of criminal prosecution for national security 
     decisions involving such matters as responding to acts of 
     terrorism, preventing the proliferation of weapons of mass 
     destruction, and deterring aggression. No less than members 
     of the Armed Forces of the United States, senior officials of 
     the United States Government should be free from the risk of 
     prosecution by the International Criminal Court, especially 
     with respect to official actions taken by them to protect the 
     national interests of the United States.
       (10) Any agreement within the Preparatory Commission on a 
     definition of the Crime of Aggression that usurps the 
     prerogative of the United Nations Security Council under 
     Article 39 of the charter of the United Nations to 
     ``determine the existence of any . . . . act of aggression'' 
     would contravene the charter of the United Nations and 
     undermine deterrence.
       (11) It is a fundamental principle of international law 
     that a treaty is binding upon its parties only and that it 
     does not create obligations for nonparties without their 
     consent to be bound. The United States is not a party to the 
     Rome Statute and will not be bound by any of its terms. The 
     United States will not recognize the jurisdiction of the 
     International Criminal Court over United States nationals.

     SEC. 3003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Initially Waive Sections 3005 and 3007.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 3005 and 3007 for a single period of 
     1 year. A waiver under this subsection may be issued only if 
     the President at least 15 days in advance of exercising such 
     authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court has entered 
     into a binding agreement that--
       (A) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) covered United States persons;
       (ii) covered allied persons; and
       (iii) individuals who were covered United States persons or 
     covered allied persons; and
       (B) ensures that no person described in subparagraph (A) 
     will be arrested, detained, prosecuted, or imprisoned by or 
     on behalf of the International Criminal Court.
       (b) Authority To Extend Waiver of Sections 3005 and 3007.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 3005 and 3007 for successive periods 
     of 1 year each upon the expiration of a previous waiver 
     pursuant to subsection (a) or this subsection. A waiver under 
     this subsection may be issued only if the President at least 
     15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that the International Criminal Court--
       (A) remains party to, and has continued to abide by, a 
     binding agreement that--
       (i) prohibits the International Criminal Court from seeking 
     to exercise jurisdiction over the following persons with 
     respect to actions undertaken by them in an official 
     capacity:

       (I) covered United States persons;
       (II) covered allied persons; and
       (III) individuals who were covered United States persons or 
     covered allied persons; and

       (ii) ensures that no person described in clause (i) will be 
     arrested, detained, prosecuted, or imprisoned by or on behalf 
     of the International Criminal Court; and
       (B) has taken no steps to arrest, detain, prosecute, or 
     imprison any person described in clause (i) of subparagraph 
     (A).
       (c) Authority To Waive Sections 3004 and 3006 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 3004 and 3006 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) a waiver pursuant to subsection (a) or (b) of the 
     prohibitions and requirements of sections 3005 and 3007 is in 
     effect;
       (B) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (C) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (D) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (d) Termination of Waiver Pursuant to Subsection (c).--Any 
     waiver or waivers exercised pursuant to subsection (c) of the 
     prohibitions and requirements of sections 3004 and 3006 shall 
     terminate at any time that a waiver pursuant to subsection 
     (a) or (b) of the prohibitions and requirements of sections 
     3005 and 3007 expires and is not extended pursuant to 
     subsection (b).
       (e) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of sections 3004, 3005, 3006, 
     and 3007 shall cease to apply, and the authority of section 
     3008 shall terminate, if the United States becomes a party to 
     the International Criminal Court pursuant to a treaty made 
     under article II, section 2, clause 2 of the Constitution of 
     the United States.

     SEC. 3004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 3008; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International

[[Page S5067]]

     Criminal Court.--Notwithstanding section 1781 of title 28, 
     United States Code, or any other provision of law, no agency 
     of the United States Government may transmit for execution 
     any letter rogatory issued, or other request for cooperation 
     made, by the International Criminal Court to the tribunal, 
     officer, or agency in the United States to whom it is 
     addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 3005. RESTRICTION ON UNITED STATES PARTICIPATION IN 
                   CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.

       (a) Policy.--Effective beginning on the date on which the 
     Rome Statute enters into force pursuant to Article 126 of the 
     Rome Statute, the President should use the voice and vote of 
     the United States in the United Nations Security Council to 
     ensure that each resolution of the Security Council 
     authorizing any peacekeeping operation under chapter VI of 
     the charter of the United Nations or peace enforcement 
     operation under chapter VII of the charter of the United 
     Nations permanently exempts, at a minimum, members of the 
     Armed Forces of the United States participating in such 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by such personnel in connection with the 
     operation.
       (b) Restriction.--Members of the Armed Forces of the United 
     States may not participate in any peacekeeping operation 
     under chapter VI of the charter of the United Nations or 
     peace enforcement operation under chapter VII of the charter 
     of the United Nations, the creation of which is authorized by 
     the United Nations Security Council on or after the date that 
     the Rome Statute enters into effect pursuant to Article 126 
     of the Rome Statute, unless the President has submitted to 
     the appropriate congressional committees a certification 
     described in subsection (c) with respect to such operation.
       (c) Certification.--The certification referred to in 
     subsection (b) is a certification by the President that--
       (1) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because, in authorizing the operation, the United Nations 
     Security Council permanently exempted, at a minimum, members 
     of the Armed Forces of the United States participating in the 
     operation from criminal prosecution or other assertion of 
     jurisdiction by the International Criminal Court for actions 
     undertaken by them in connection with the operation;
       (2) members of the Armed Forces of the United States are 
     able to participate in the peacekeeping or peace enforcement 
     operation without risk of criminal prosecution or other 
     assertion of jurisdiction by the International Criminal Court 
     because each country in which members of the Armed Forces of 
     the United States participating in the operation will be 
     present either is not a party to the International Criminal 
     Court and has not invoked the jurisdiction of the 
     International Criminal Court pursuant to Article 12 of the 
     Rome Statute, or has entered into an agreement in accordance 
     with Article 98 of the Rome Statute preventing the 
     International Criminal Court from proceeding against members 
     of the Armed Forces of the United States present in that 
     country; or
       (3) the national interests of the United States justify 
     participation by members of the Armed Forces of the United 
     States in the peacekeeping or peace enforcement operation.

     SEC. 3006. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     3008.

     SEC. 3007. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   TO PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

       (a) Prohibition of Military Assistance.--Subject to 
     subsections (b) and (c), and effective 1 year after the date 
     on which the Rome Statute enters into force pursuant to 
     Article 126 of the Rome Statute, no United States military 
     assistance may be provided to the government of a country 
     that is a party to the International Criminal Court.
       (b) National Interest Waiver.--The President may, without 
     prior notice to Congress, waive the prohibition of subsection 
     (a) with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that it 
     is important to the national interest of the United States to 
     waive such prohibition.
       (c) Article 98 Waiver.--The President may, without prior 
     notice to Congress, waive the prohibition of subsection (a) 
     with respect to a particular country if he determines and 
     reports to the appropriate congressional committees that such 
     country has entered into an agreement with the United States 
     pursuant to Article 98 of the Rome Statute preventing the 
     International Criminal court from proceeding against United 
     States personnel present in such country.
       (d) Exemption.--The prohibition of subsection (a) shall not 
     apply to the government of--
       (1) a NATO member country;
       (2) a major non-NATO ally (including Australia, Egypt, 
     Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
     New Zealand); or
       (3) Taiwan.

     SEC. 3008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 3009. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the

[[Page S5068]]

     President should transmit to the appropriate congressional 
     committees a report with respect to each military alliance to 
     which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than 1 year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 3010. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 3011. APPLICATION OF SECTIONS 3004 AND 3006 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 3004 and 3006 shall not apply to 
     any action or actions with respect to a specific matter 
     involving the International Criminal Court taken or directed 
     by the President on a case-by-case basis in the exercise of 
     the President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 3004 or 3006, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full notification 
     under paragraph (1) not later than 15 days after the reasons 
     for the determination under this paragraph no longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 3012. NONDELEGATION.

       The authorities vested in the President by sections 3003 
     and 3011(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law. The authority vested in the President by 
     section 3005(c)(3) may not be delegated by the President 
     pursuant to section 301 of title 3, United States Code, or 
     any other provision of law to any official other than the 
     Secretary of Defense, and if so delegated may not be 
     subdelegated.

     SEC. 3013. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, and other persons employed by or 
     working on behalf of the United States Government, for so 
     long as the United States is not a party to the International 
     Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).

     SEC. 3014. REPEAL OF LIMITATION.

       The Department of Defense Appropriations Act, 2002 
     (division A of Public Law 107-117) is amended by striking 
     section 8173.
                                  ____

  SA 3598. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 89, between lines 3 and 4, insert the following:

     SEC. 807. LOCAL EDUCATIONAL AGENCY SERVING NEW YORK CITY.

       Notwithstanding section 1124(c)(2) of the Elementary and 
     Secondary Education Act of

[[Page S5069]]

     1965 (20 U.S.C. 6333(c)(2)), for fiscal year 2002, if the 
     local educational agency serving New York City receives an 
     allocation under section 1124 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333) in an amount that is 
     greater than the amount received by the agency under section 
     1124 of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6333) for fiscal year 2001, then--
       (1) the agency shall distribute any funds in excess of the 
     amount of the fiscal year 2001 allocation on an equal per-
     pupil basis consistent with section 1113(c) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6313(c)); and
       (2) each county in New York City shall receive an amount 
     from the agency that is not less than the amount the county 
     received in fiscal year 2001.
                                  ____

  SA 3599. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 102. EXEMPTION OF MARKET LOSS ASSISTANCE FOR APPLE 
                   PRODUCERS FROM ADMINISTRATIVE OFFSET.

       Section 10105 of the Farm Security and Rural Investment Act 
     of 2002 (Public Law 107-171) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Administrative Offset.--Payments under this section 
     shall not be subject to administrative offset, including 
     administrative offset under chapter 37 of title 31, United 
     States Code.''.
                                  ____

  SA 3600. Mrs. TORRICELLI (for herself and Mr. Corzine) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 77, line 23, insert after ``security,'' the 
     following: ``$651,000 shall be for reimbursement of the 
     Robert Wood Johnson Hospital in Hamilton, New Jersey for 
     expenses related to the testing and treatment of United 
     States Postal Workers who were exposed to the anthrax virus 
     at the Hamilton Township Postal Facility in October of 
     2001.''
                                  ____

  SA 3601. Mr. TORRICELLI (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 51, between lines 14 and 15, insert the following:

                           Independent Agency

                     Nuclear Regulatory Commission

       Funds made available under the heading ``Nuclear Regulatory 
     Commission'' under the heading ``Independent Agency'' in 
     chapter 5 of division B of the Department of Defense and 
     Emergency Supplemental Appropriations for Recovery from and 
     Response to Terrorist Attacks on the United States Act, 2002 
     (115 Stat. 2309), shall be used to reimburse the State of New 
     Jersey for the costs incurred by the State, as certified by 
     the Governor of the State, in providing increased security 
     for the Oyster Creek and Salem-Hope Creek nuclear power 
     plants in the State since September 11, 2001.
                                  ____

  SA 3602. Mr. TORRICELLI submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 101, after line 23, insert the following:
       Sec. 1008. Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Aviation Administration shall submit to Congress a report--
       (A) explaining how the Administrator will address the air 
     traffic controller staffing shortage at Newark International 
     Airport; and
       (B) providing a deadline by which the airport will have an 
     adequate number of air traffic controllers.
                                  ____

  SA 3603. Mr. TORRICELLI submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 101, after line 23, insert the following:
       Sec. 1008. It is the sense of the Senate that--
       (1) Newark International Airport has an inadequate number 
     of air traffic controllers;
       (2) there is cause for concern about passenger safety at 
     Newark International Airport as a result of the inadequate 
     number of air traffic controllers at the airport;
       (3) the number of passengers using air transportation is 
     expected to continue to increase, and will eventually equal 
     or exceed the number of passengers using air transportation 
     prior to September 11, 2001;
       (4) an increase in passenger volume will exacerbate the 
     effects of the air traffic controller shortage at Newark 
     International Airport;
       (5) Newark International Airport was the busiest airport in 
     the New York Metropolitan Area in 2001, with more than 
     30,000,000 passengers arriving at or departing from the 
     airport;
       (6) Newark International Airport provides substantial 
     economic benefits to its region including--
       (A) the direct employment of more than 24,000 people at the 
     airport; and
       (B) contributing $11,300,000,000 in economic activity to 
     the New York-New Jersey Metropolitan Region, including 
     $3,300,000,000 in wages for some 100,000 jobs derived from 
     airport activity; and
       (7) the Administrator of the Federal Aviation 
     Administration should act expeditiously--
       (A) to determine the number of the air traffic controllers 
     needed at Newark International Airport to ensure--
       (i) safe travel for passengers; and
       (ii) the continued smooth operation of the airport; and
       (B) to ensure that the number of air traffic controllers 
     described in paragraph (A) are in place at the Newark 
     International Airport.
                                  ____

  SA 3604. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, line 19, before the period insert the 
     following: ``: Provided further, That of the amount 
     appropriated under this heading in Public Law 107-117, 
     $6,400,000 shall be for infrastructure and network 
     requirements of the Federal Bureau of Investigation 
     Laboratory''.
                                  ____

  SA 3605. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 55, between lines 3 and 4, insert the following:
       Sec. 505. That portion of the former Charleston, South 
     Carolina, Naval Base (including all associated improvements 
     and fixtures) on which is situated a law enforcement training 
     facility for the Department of Justice shall not be 
     transferred to, or transferred for the direct or indirect use 
     or benefit of, the State of South Carolina or any locality or 
     subdivision thereof.
                                  ____

  SA 3606. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following:

     SEC. ____. TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF 
                   REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

       (a) Reclassification of Certain Pennsylvania Counties.--
       (1) In general.--Notwithstanding any other provision of 
     law, subject to paragraph (3), effective for discharges 
     occurring during fiscal year 2002, for purposes of making 
     payments under subsections (d) and (j) of section 1886 of the 
     Social Security Act (42 U.S.C. 1395ww) to hospitals 
     (including rehabilitation hospitals and rehabilitation units 
     under such subsection (j))--
       (A) in Columbia, Lackawanna, Luzerne, Wyoming, and Lycoming 
     Counties, Pennsylvania, such counties are deemed to be 
     located in the Allentown-Bethlehem-Easton, Pennsylvania 
     Metropolitan Statistical Area;
       (B) in Mercer County, Pennsylvania, such county is deemed 
     to be located in Youngstown-Warren, Ohio Metropolitan 
     Statistical Area; and
       (C) in Northumberland County, Pennsylvania, such county is 
     deemed to be located in the Harrisburg-Lebanon-Carlisle, 
     Pennsylvania Metropolitan Statistical Area.
       (2) Rules.--The reclassifications made under paragraph (1) 
     with respect to a subsection (d) hospital shall be treated as 
     a decision of the Medicare Geographic Classification Review 
     Board under paragraph (10) of section 1886(d) of the Social 
     Security Act (42 U.S.C. 1395ww(d)).
       (3) Limitation on application during fiscal year 2002.--
     With respect to fiscal year 2002, this subsection shall apply 
     only to discharges occurring on and after July 1, 2002.
       (b) Implementation of Provisions.--The Secretary of Health 
     and Human Services shall implement the provisions of 
     subsection (a) by program memorandum. In implementing such 
     provisions, the Secretary shall

[[Page S5070]]

     recalculate new standardized amounts, weighting factors, 
     rates, and wage indices by July 1, 2002, in a manner that 
     assures overall budget neutrality.
                                  ____

  SA 3607. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 111, after line 2 insert the following:


                   state and tribal assistance grants

       The referenced statement of the managers under this heading 
     in Public Law 106-377 is deemed to be amended by striking 
     everything after ``$1,000,000'' in reference to item 91 and 
     inserting ``to the Northern Kentucky Area Development 
     District for Carroll County Wastewater Infrastructure Project 
     ($500,000), City of Owenton Water Collection and Treatment 
     System Improvements and Freshwater Intake Project ($400,000), 
     Grant County Williamstown Lake Expansion Study ($50,000), and 
     Pendleton County Williamstown Lake Expansion Study 
     ($50,000)''.
                                  ____

  SA 3608. Mr. KENNEDY (for himself, Mr. Smith of Oregon, Mrs. Boxer, 
Mr. Dodd, Mr. Reid, Mrs. Murray, Mr. Durbin, and Mr. Reed) proposed an 
amendment to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       On page 89, between lines 3 and 4, insert the following:

     SEC. 807. EMERGENCY SUMMER SCHOOL FUNDING.

       (a) Findings; Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Under the amendments made by the No Child Left Behind 
     Act of 2001, students and schools rightly are held 
     accountable for meeting challenging State academic content 
     and student academic achievement standards in mathematics, 
     reading or language arts, and science.
       (B) Summer programs and activities supported under the 21st 
     Century Community Learning Centers program are critical to 
     providing supplemental academic services and academic 
     enrichment activities designed to help students meet local 
     and State academic standards.
       (C) Summer programs and activities supported under the 21st 
     Century Community Learning Centers program help children and 
     the children's families in the areas of youth development, 
     drug and violence prevention, and character education.
       (D) During the summer of 2002, school districts throughout 
     the Nation will confront more than $150,000,000 in cuts to 
     summer school programs, eliminating services and academic 
     support to more than 150,000 struggling children.
       (2) Purpose.--The purpose of this section is to provide 
     opportunities for communities to provide summertime 
     activities in community learning centers that--
       (A) provide opportunities for academic enrichment, 
     including providing tutorial services to help students, 
     particularly students who attend low-performing schools, to 
     meet State and local student academic achievement standards 
     in core academic subjects, such as reading and mathematics; 
     and
       (B) offer students an array of additional services, 
     programs, and activities, such as youth development 
     activities, drug and violence prevention programs, counseling 
     programs, art, music, and recreation programs, technology 
     education programs, and character education programs, that 
     are designed to reinforce and complement the regular academic 
     program of participating students.
       (b) Funding for Summer School Programs.--
       (1) In general.--That, in addition to amounts otherwise 
     available to carry out section 4205(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7175(a)), 
     $150,000,000 shall be available to carry out activities 
     described in section 4205(a) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7175(a)) during the 2002 
     summer recess period.
       (2) Awarding of grants.--
       (A) In general.--Notwithstanding section 4202 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7172), the Secretary of Education shall award grants with 
     funds made available under paragraph (1) on a competitive 
     basis to eligible entities serving communities whose local 
     educational agencies are not able to meet fully the 
     communities' need for summer school programs.
       (B) Priority.--In awarding grants under subparagraph (A), 
     the Secretary of Education shall give priority to an eligible 
     entity that is a local educational agency or who serves a 
     community whose local educational agency--
       (i) serves high concentrations or numbers of low-income 
     children;
       (ii) before June 6, 2002, announced that the local 
     educational agency is canceling or reducing summer school 
     services in 2002; or
       (iii) is located in a State whose State educational agency, 
     before June 6, 2002, announced that the State educational 
     agency is canceling or reducing summer school funding for 
     2002.
       (3) Application and obligation.--
       (A) Application.--Notwithstanding sections 4203 and 4204 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7173 and 7174), an eligible entity that desires a grant under 
     this section shall submit an application to the Secretary of 
     Education at such time and in such manner as the Secretary of 
     Education may require.
       (B) Obligation.--Not later than 4 weeks after the date of 
     enactment of this section, the Secretary of Education shall 
     obligate funds made available under this section.
       (4) Definition of eligible entity.--In this section, the 
     term ``eligible entity'' has the meaning given the term in 
     section 4201 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7171).
                                  ____

  SA 3609. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec.  . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``Water and Related 
     Resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That using the funds appropriated 
     herein, the Commissioner of the Bureau of Reclamation shall 
     lease the use of up to 38,000 acre feet of emergency water 
     for the Rio Grande in New Mexico, in compliance with the 
     existing biological opinion: Provided further, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended.
                                  ____

  SA 3610. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 51, line 22, strike ``$30,000,000'', and replace it 
     in lieu thereof ``$34,000,000''.
       At the appropriate place, insert the following:
       Sec.  . For an additional amount for the Department of the 
     Interior, Bureau of Reclamation, ``Water and Related 
     Resources'' for emergency expenses related to compliance with 
     activities required in the existing biological opinion on the 
     Rio Grande in New Mexico, $4,000,000, to remain available 
     until expended: Provided, That using the funds appropriated 
     herein, the Commissioner of the Bureau of Reclamation shall 
     lease the use of up to 38,000 acre feet of emergency water 
     for the Rio Grande in New Mexico, in compliance with the 
     existing biological opinion.
                                  ____

  SA 3611. Mr. THOMPSON (for himself and Mr. Frist) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 86, between lines 2 and 3, insert the following:
       ``(5) the provision specifying $835,000 for the Benjamin L. 
     Hooks Institute for Social Change shall be deemed to read as 
     follows: `The Benjamin L. Hooks Institute for Social Change 
     in Memphis, Tennessee for an endowment to pursue a broad 
     programmatic agenda that emphasizes the continued importance 
     of the Civil Rights Movement and encourages academic research 
     and community outreach, $835,000'.''.
                                  ____

  SA 3612. Ms. COLLINS (for herself, Mr. Nelson of Nebraska, Mr. Smith 
of Oregon, Mr. Hutchinson,  and Mr. Murkowski) submitted an amendment 
intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 89, between lines 3 and 4, insert the following:
       Sec. 807. (a) Temporary Increase of Medicaid FMAP.--
       (1) Permitting maintenance of fiscal year 2001 fmap for 
     last 2 calendar quarters of fiscal year 2002.--
     Notwithstanding any other provision of law, but subject to 
     paragraph (5), if the FMAP determined without regard to this 
     subsection for a State for fiscal year 2002 is less than the 
     FMAP as so determined for fiscal year 2001, the FMAP for the 
     State for fiscal year 2001 shall be substituted for the 
     State's FMAP for the third and fourth calendar quarters of 
     fiscal year 2002, before the application of this subsection.
       (2) Permitting maintenance of fiscal year 2002 fmap for 
     fiscal year 2003.--Notwithstanding any other provision of 
     law, but subject to paragraph (5), if the FMAP determined 
     without regard to this subsection for a State for fiscal year 
     2003 is less than the FMAP as so determined for fiscal year 
     2002,

[[Page S5071]]

     the FMAP for the State for fiscal year 2002 shall be 
     substituted for the State's FMAP for each calendar quarter of 
     fiscal year 2003, before the application of this subsection.
       (3) General 1 percentage point increase for last 2 calendar 
     quarters of fiscal year 2002 and fiscal year 2003.--
     Notwithstanding any other provision of law, but subject to 
     paragraphs (5) and (6), for each State for the third and 
     fourth calendar quarters of fiscal year 2002 and each 
     calendar quarter of fiscal year 2003, the FMAP (taking into 
     account the application of paragraphs (1) and (2)) shall be 
     increased by 1 percentage point.
       (4) Increase in cap on medicaid payments to territories.--
     Notwithstanding any other provision of law, but subject to 
     paragraph (6), with respect to the third and fourth calendar 
     quarters of fiscal year 2002 and each calendar quarter of 
     fiscal year 2003, the amounts otherwise determined for Puerto 
     Rico, the Virgin Islands, Guam, the Northern Mariana Islands, 
     and American Samoa under subsections (f) and (g) of section 
     1108 of the Social Security Act (42 U.S.C. 1308) shall each 
     be increased by an amount equal to 2 percent of such amounts.
       (5) Scope of application.--The increases in the FMAP for a 
     State under this subsection shall apply only for purposes of 
     title XIX of the Social Security Act and shall not apply with 
     respect to--
       (A) disproportionate share hospital payments described in 
     section 1923 of such Act (42 U.S.C. 1396r-4); or
       (B) payments under titles IV and XXI of such Act (42 U.S.C. 
     601 et seq. and 1397aa et seq.).
       (6) State eligibility.--
       (A) In general.--A State is eligible for an increase in its 
     FMAP under paragraph (3) or an increase in a cap amount under 
     paragraph (4) only if the eligibility under its State plan 
     under title XIX of the Social Security Act (including any 
     waiver under such title or under section 1115 of such Act (42 
     U.S.C. 1315)) is no more restrictive than the eligibility 
     under such plan (or waiver) as in effect on January 1, 2002.
       (B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed as affecting a State's flexibility with 
     respect to benefits offered under the State medicaid program 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) (including any waiver under such title or under section 
     1115 of such Act (42 U.S.C. 1315)).
       (7) Definitions.--In this subsection:
       (A) FMAP.--The term ``FMAP'' means the Federal medical 
     assistance percentage, as defined in section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)).
       (B) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
       (8) Repeal.--Effective as of October 1, 2003, this 
     subsection is repealed.
       (b) Additional Temporary State Fiscal Relief.--
       (1) In general.--Title XX of the Social Security Act (42 
     U.S.C. 1397-1397f) is amended by adding at the end the 
     following:

     ``SEC. 2008. ADDITIONAL TEMPORARY GRANTS FOR STATE FISCAL 
                   RELIEF.

       ``(a) In General.--For the purpose of providing State 
     fiscal relief allotments to States under this section, there 
     are hereby appropriated, out of any funds in the Treasury not 
     otherwise appropriated, $4,430,280,000. Such funds shall be 
     available for obligation by the State through June 30, 2004, 
     and for expenditure by the State through September 30, 2004. 
     This section constitutes budget authority in advance of 
     appropriations Acts and represents the obligation of the 
     Federal Government to provide for the payment to States of 
     amounts provided under this section.
       ``(b) Allotment.--Funds appropriated under subsection (a) 
     shall be allotted by the Secretary among the States in 
     accordance with the following table:
       

------------------------------------------------------------------------
               ``State                       Allotment (in dollars)
------------------------------------------------------------------------
 Alabama                                $48,732,000
 Alaska                                 $12,715,000
 Amer. Samoa                            $126,000
 Arizona                                $67,139,000
 Arkansas                               $36,666,000
 California                             $459,264,000
 Colorado                               $40,650,000
 Connecticut                            $61,497,000
 Delaware                               $11,920,000
 District of Columbia                   $17,700,000
 Florida                                $185,836,000
 Georgia                                $98,525,000
 Guam                                   $193,000
 Hawaii                                 $13,378,000
 Idaho                                  $15,587,000
 Illinois                               $156,504,000
 Indiana                                $76,215,000
 Iowa                                   $38,784,000
 Kansas                                 $31,843,000
 Kentucky                               $65,707,000
 Louisiana                              $75,795,000
 Maine                                  $27,392,000
 Maryland                               $65,445,000
 Massachusetts                          $155,344,000
 Michigan                               $133,966,000
 Minnesota                              $83,144,000
 Mississippi                            $48,596,000
 Missouri                               $102,266,000
 Montana                                $11,590,000
 Nebraska                               $24,095,000
 Nevada                                 $14,595,000
 New Hampshire                          $15,423,000
 New Jersey                             $126,921,000
 New Mexico                             $32,476,000
 New York                               $693,453,000
 North Carolina                         $127,427,000
 North Dakota                           $8,382,000
 N. Mariana Islands                     $71,000
 Ohio                                   $171,776,000
 Oklahoma                               $45,262,000
 Oregon                                 $49,868,000
 Pennsylvania                           $231,978,000
 Puerto Rico                            $11,702,000
 Rhode Island                           $24,185,000
 South Carolina                         $57,178,000
 South Dakota                           $9,177,000
 Tennessee                              $119,003,000
 Texas                                  $232,167,000
 Utah                                   $18,074,000
 Vermont                                $11,545,000
 Virgin Islands                         $189,000
 Virginia                               $63,699,000
 Washington                             $96,068,000
 West Virginia                          $29,260,000
 Wisconsin                              $68,664,000
 Wyoming                                $5,123,000
------------------------------------------------------------------------
 Total                                  $4,430,280,000
------------------------------------------------------------------------

       ``(c) Use of Funds.--Funds appropriated under this section 
     may be used by a State for services directed at the goals set 
     forth in section 2001, subject to the requirements of this 
     title.
       ``(d) Payment to States.--Not later than 30 days after 
     amounts are appropriated under subsection (a), in addition to 
     any payment made under section 2002 or 2007, the Secretary 
     shall make a lump sum payment to a State of the total amount 
     of the allotment for the State as specified in subsection 
     (b).
       ``(e) Definition.--For purposes of this section, the term 
     `State' means the 50 States, the District of Columbia, and 
     the territories contained in the list under subsection 
     (b).''.
       (2) Repeal.--Effective as of January 1, 2005, section 2008 
     of the Social Security Act, as added by paragraph (1), is 
     repealed.
       (c) Emergency Designation.--The entire amount necessary to 
     carry out this section is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)).
                                  ____

  SA 3613. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 37, between lines 2 and 3, insert the following:
       Sec. 307. The Secretary of Defense shall transfer to the 
     Secretary of the Interior, from amounts appropriated by this 
     chapter for operation and maintenance, Defense-wide, 
     $4,000,000, to support the conversion of the Naval Security 
     Group, Winter Harbor (the naval base on Schoodic Peninsula), 
     Maine, to utilization as a research and education center for 
     Acadia National Park, Maine, including the preparation of a 
     plan for the reutilization of the naval base for such purpose 
     that will benefit communities in the vicinity of the naval 
     base and visitors to Acadia National Park and will stimulate 
     important research and educational activities.
                                  ____

  SA 3614. Mr. WYDEN (for himself, Mr. Smith of Oregon, and Mrs. 
Murray) submitted an amendment intended to be proposed by him to the 
bill H.R. 4775, making supplemental appropriations for the fiscal year 
ending September 30, 2002, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . FISHING CAPACITY REDUCTION PROGRAM FOR THE PACIFIC 
                   COAST GROUNDFISH FISHERY.

       In addition to amounts appropriated or otherwise made 
     available by this Act, there are appropriated to the 
     Secretary of Commerce $500,000 to be made available until 
     expended for the cost of direct loans, not to exceed 
     $50,000,000, as authorized by section 1111 of Merchant Marine 
     Act, 1936 (46 U.S.C. 1279f) to carry out a fishing capacity 
     reduction program for the Pacific Coast groundfish fishery 
     under section 312(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861a(b)).
                                  ____

  SA 3615. Mr. DASCHLE submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 71, at the end of line 23, strike the ``.'' and 
     insert the following: ``: Provided, That the Secretary of 
     Agriculture shall draft and submit to Congress legislation 
     implementing the agreement recently reached between the 
     interested parties, including the Department of Justice and 
     the Department of Agriculture, regarding management of the 
     Black Hills National Forest which shall include actions for 
     protection of resources and communities from fire.''
                                  ____

  SA 3616. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7, after line 12, insert the following:

     SEC.   . SENSE OF THE SENATE ON COMPENSATION TO PRODUCERS OF 
                   POULTRY AFFECTED BY AVIAN INFLUENZA.

       It is the Sense of the Senate that the Secretary of 
     Agriculture act expeditiously to

[[Page S5072]]

     provide compensation through the Commodity Credit Corporation 
     to producers of poultry that have been affected by outbreaks 
     of avian influenza in Virginia, West Virginia, and other 
     states which have resulted in the destruction of poultry 
     flocks in order to contain this disease.
                                  ____

  SA 3617. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 111, line 5, strike ``$100,000,000'' and insert 
     ``$102,500,000, of which $2,500,000 shall be made available 
     for infrastructure security improvements to be carried out by 
     the Providence Water Supply Board in Providence, Rhode 
     Island''.
                                  ____

  SA 3618. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 111, between lines 9 and 10, insert the following:
       For an additional amount for infrastructure security 
     improvements to be carried out by the Providence Water Supply 
     Board in Providence, Rhode Island, $2,500,000.
                                  ____

  SA 3619. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 77, line 14, strike ``$315,333,000'' and insert 
     ``$318,333,000, of which $3,000,000 shall be available for 
     the redesign and expansion of the emergency department at 
     Rhode Island Hospital in Providence, Rhode Island''.
                                  ____

  SA 3620. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       In chapter 3 of title I under the heading ``Research, 
     Development, Test, and Evaluation, Navy'', insert before 
     ``That'' the following: ``That of the funds appropriated by 
     this paragraph, $5,000,000 shall be available for a high 
     speed vessel demonstration project to test American-made 
     vessels as part of the Joint Venture HSV--XI experimentation 
     series of the Naval Warfare Development Command: Provided 
     further,''.
                                  ____

  SA 3621. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 89, between lines 3 and 4, insert the following:

     SEC. 8  . PEDIATRIC LABELING.

       No funds made available under this Act or any other Act for 
     fiscal year 2003 shall be used to terminate or suspend 
     implementation of sections 201.23, 314.55, 601.27, and 601.37 
     of title 21, Code of Federal Regulations, as promulgated by 
     the Secretary of Health and Human Services in the final rule 
     dated November 24, 1998 (63 Fed. Reg. 66632 (December 2, 
     1998)), or the amendments made in that final rule to sections 
     312.23, 312.47, 312.82, 314.50, and 314.81 of that title, 
     requiring manufacturers of drugs and biological products to 
     assess the safety and effectiveness of new drugs and 
     biological products in pediatric patients.
                                  ____

  SA 3622. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of chapter 2 of title I, add the following:
       Sec. 210. (a) Appropriation for Gulf States Initiative.--
     (1) There is hereby appropriated $12,000,000 for the Gulf 
     States Initiative.
       (2) The amount appropriated by paragraph (1) is in addition 
     to any other amounts appropriated by this Act for the Gulf 
     States Initiative.
       (b) Availability for Counter-Drug and Counter-Terrorism 
     Operations.--Of the amount appropriated by this Act for the 
     Gulf States Initiative, as increased (if at all) by 
     subsection (a), $12,000,000 shall be available under that 
     Initiative for counter-drug and counter-terrorism operations.
       (c) Offset.--The amount appropriated by chapter 6 of title 
     I under the heading ``foreign military financing program'' is 
     hereby reduced by $12,000,000.
                                  ____

  SA 3623. Mr. WELLSTONE submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. Notwithstanding section 2602(e) of the Omnibus 
     Budget Reconciliation Act of 1981 (42 U.S.C. 8621(e), the 
     $300,000,000 in funding for the Low-Income Home Energy 
     Assistance program provided by the Supplemental 
     Appropriations Act, 2001 (Public Law 107-20), shall be 
     distributed as provided for by section 2604(a) of the Omnibus 
     Budget Reconciliation Act of 1981 (42 U.S.C. 8623(a)) upon 
     the date of enactment of this Act.
                                  ____

  SA 3624. Mr. WELLSTONE submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. AVAILABILITY OF NON-FAT DRY MILK.

       (a) In General.--Pursuant to section 416(b) of the 
     Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary of 
     Agriculture shall make available, for fiscal years 2002 and 
     2003, a total of 100,000 metric tons of non-fat dry milk to 
     private voluntary organizations and cooperatives to assist in 
     mitigating the effects of the Human Immunodeficiency Virus 
     and Acquired Immune Deficiency Syndrome (referred to in this 
     section as ``HIV/AIDS'') on heavily impacted communities.
       (b) Use of Available Milk.--Of the amount of non-fat dry 
     milk made available for each fiscal year under subsection 
     (a), the Secretary shall--
       (1) use 30 percent of such milk for direct distribution--
       (A) through programs that address mother-to-child 
     transmission of HIV to boost nutrition in hospitals, clinics, 
     schools, and home health care and related programs and 
     activities;
       (B) to households and institutions in communities heavily 
     affected by HIV/AIDS, particularly for HIV/AIDS activities 
     related to the needs of HIV/AIDS orphaned children; and
       (C) through school feeding programs in affected school 
     systems and communities; and
       (2) monetize the remaining 70 percent of such milk and use 
     such funds for--
       (A) programs to increase the nutritional status of HIV-
     positive mothers through home care, clinics, hospitals, and 
     community programs;
       (B) programs to create and restore sustainable livelihoods 
     for HIV-positive mothers, children, and others directly 
     affected through the loss of family incomes due to HIV/AIDS; 
     and
       (C) programs that fund school nutrition activities that are 
     targeted to communities that are adversely affected by HIV/
     AIDS in order to assist, educate, and provide nutrition to 
     HIV/AIDS orphans, children, and families adversely affected 
     by HIV/AIDS.
       (c) Limitation.--None of the commodities or funds made 
     available under this section shall be used to provide or 
     promote dairy products as a substitute for breast feeding.
       (d) Appropriations.--In addition to other amounts 
     appropriated or made available under this section--
       (1) $10,000,000 shall be made available for fiscal years 
     2002 and 2003, to be used for ocean and inland transportation 
     and related activities necessary to carry out this section;
       (2) $3,000,000 shall be made available for fiscal years 
     2002 and 2003, to be used for accounting, monitoring, and 
     evaluation expenses incurred by the Secretary of Agriculture 
     in carrying out this section; and
       (3) $5,000,000 shall be made available for fiscal years 
     2002 and 2003, to be used for expenses incurred by private 
     and voluntary organizations and cooperatives related to 
     market assessments, project design, fortification, 
     distribution, and other project expenses.
                                  ____

  SA 3625. Mr. COCHRAN submitted an amendment intended to be postponed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following:
       Sec.   . Of the funds made available under the heading 
     ``Courts of Appeals, District Courts, and Other Judicial 
     Services, Salaries, and Expenses'' in title III of Public Law 
     107-77, $1,000,000 shall be transferred to, and merged with, 
     funds available for ``Repairs and Alterations'' under the 
     heading ``General Services Administration: Real Property 
     Activities, Federal Buildings Fund, Limitations on 
     Availability of Revenue'' in title IV of Public Law 107-67, 
     to be available only for the repair and alteration of the 
     space designated for use by the U.S. Marshals Service in 
     Natchez, Mississippi.
                                  ____

  SA 3626. Mr. BOND (for himself and Mr. Durbin) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending

[[Page S5073]]

September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 48, line 19, strike ``$10,000,000'' and all that 
     follows through line 6 on page 49 and insert in lieu thereof 
     the following: ``$22,200,000, to remain available until 
     expended: Provided, That using funds appropriated herein, the 
     Secretary of the Army, acting through the Chief of Engineers 
     is directed to repair, restore and clean-up Corp's projects 
     and facilities and dredge navigation channels, restore and 
     clean out area streams, provide emergency streambank 
     protection, restore other crucial public infrastructure 
     (including sewer and water facilities), document flood 
     impacts and undertake other flood recovery efforts deemed 
     necessary and advisable by the Chief of Engineers due to the 
     May 2002 flooding in eastern Kentucky, Illinois, Missouri, 
     southwestern Virginia, and southern West Virginia: Provided, 
     That the $22,200,000 is designated by the Congress as an 
     Emergency requirement under section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)(A)).''.
                                  ____

  SA 3627. Mr. BYRD (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       On page 48, line 19, strike ``$10,000,000'' and insert in 
     lieu thereof ``$32,000,000''.
       On page 49, line 4, strike ``the May 2002''.
       On page 49, line 5, strike ``and'' and insert in lieu 
     thereof ``,''.
       On page 49, line 6, before the ``.'', insert ``, Western 
     Illinois, Eastern Missouri, and the Upper Peninsula of 
     Michigan''.
                                  ____

  SA 3628. Mr. BAUCUS (for himself, Mr. Burns, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table, as follows:

       On page 116, between lines 8 and 9, insert the following:

             TITLE ____--EMERGENCY AGRICULTURAL ASSISTANCE

                         Subtitle A--Assistance

     SEC. ____01. INCOME LOSS ASSISTANCE.

       (a) Mandatory Funding.--The Secretary of Agriculture 
     (referred to in this subtitle as the ``Secretary'') shall use 
     $1,800,000,000 of funds of the Commodity Credit Corporation 
     to make emergency financial assistance available to producers 
     on a farm that have incurred qualifying income losses in 
     calendar year 2001, including losses due to army worms.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.

     SEC. ____02. LIVESTOCK ASSISTANCE PROGRAM.

       (a) Mandatory Funding.--The Secretary shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).

     SEC. ____03. COMMODITY CREDIT CORPORATION.

       The Secretary shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to carry out 
     this subtitle.

     SEC. ____04. ADMINISTRATIVE EXPENSES.

       (a) In General.--In addition to funds otherwise available, 
     not later than 30 days after the date of enactment of this 
     Act, out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of Agriculture to pay the salaries and expenses 
     of the Department of Agriculture in carrying out this 
     subtitle $50,000,000, to remain available until expended.
       (b) Receipt and Acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under subsection (a), 
     without further appropriation.

     SEC. ____05. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this subtitle.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this subtitle shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                          Subtitle B--Offsets

     SEC. ____11. REVISION OF TAX RULES ON EXPATRIATION.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 is amended by inserting after section 877 the 
     following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsection 
     (f), all property of a covered expatriate to whom this 
     section applies shall be treated as sold on the day before 
     the expatriation date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.

     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence.
       ``(3) Exclusion for certain gain.--The amount which would 
     (but for this paragraph) be includible in the gross income of 
     any individual by reason of this section shall be reduced 
     (but not below zero) by $600,000. For purposes of this 
     paragraph, allocable expatriation gain taken into account 
     under subsection (f)(2) shall be treated in the same manner 
     as an amount required to be includible in gross income.
       ``(4) Cost-of-living-adjustment.--
       ``(A) In general.--In the case of an expatriation date 
     occurring in any calendar year after 2002, the $600,000 
     amount under paragraph (3) shall be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2001' for `calendar year 1992' in 
     subparagraph (B) thereof.
       ``(B) Rounding rules.--If any amount after adjustment under 
     subparagraph (A) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.
       ``(b) Election To Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the payment of the 
     additional tax attributable to such property shall be 
     postponed until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1), the additional tax attributable to 
     any property is an amount which bears the same ratio to the 
     additional tax imposed by this chapter for the taxable year 
     solely by reason of subsection (a) as the gain taken into 
     account under subsection (a) with respect to such property 
     bears to the total gain taken into account under subsection 
     (a) with respect to all property to which subsection (a) 
     applies.
       ``(3) Termination of postponement.--No tax may be postponed 
     under this subsection later than the due date for the return 
     of tax imposed by this chapter for the taxable year which 
     includes the date of death of the expatriate (or, if earlier, 
     the time that the security provided with respect to the 
     property fails to meet the requirements of paragraph (4), 
     unless the taxpayer corrects such failure within the time 
     specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided to the Secretary with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond in an amount equal to the deferred tax 
     amount under paragraph (2)(A) for the property, or
       ``(ii) the taxpayer otherwise establishes to the 
     satisfaction of the Secretary that the security is adequate.

[[Page S5074]]

       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer consents to the 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable. An election may be made under paragraph 
     (1) with respect to an interest in a trust with respect to 
     which gain is required to be recognized under subsection 
     (f)(1).
       ``(7) Interest.--For purposes of section 6601--
       ``(A) the last date for the payment of tax shall be 
     determined without regard to the election under this 
     subsection, and
       ``(B) section 6621(a)(2) shall be applied by substituting 
     `5 percentage points' for `3 percentage points' in 
     subparagraph (B) thereof.
       ``(c) Covered Expatriate.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `covered expatriate' means an expatriate.
       ``(2) Exceptions.--An individual shall not be treated as a 
     covered expatriate if--
       ``(A) the individual--
       ``(i) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(ii) has not been a resident of the United States (as 
     defined in section 7701(b)(1)(A)(ii)) during the 5 taxable 
     years ending with the taxable year during which the 
     expatriation date occurs, or
       ``(B)(i) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(ii) the individual has been a resident of the United 
     States (as so defined) for not more than 5 taxable years 
     before the date of relinquishment.
       ``(d) Section Not To Apply to Certain Property.--This 
     section shall not apply to the following:
       ``(1) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the day before the 
     expatriation date, meet the requirements of section 
     897(c)(2).
       ``(2) Interest in certain retirement plans.--
       ``(A) In general.--Any interest in a qualified retirement 
     plan (as defined in section 4974(c)), other than any interest 
     attributable to contributions which are in excess of any 
     limitation or which violate any condition for tax-favored 
     treatment.
       ``(B) Foreign pension plans.--
       ``(i) In general.--Under regulations prescribed by the 
     Secretary, interests in foreign pension plans or similar 
     retirement arrangements or programs.
       ``(ii) Limitation.--The value of property which is treated 
     as not sold by reason of this subparagraph shall not exceed 
     $500,000.
       ``(3) Specified property.--Any property or interest in 
     property not described in paragraph (1) or (2) which the 
     Secretary specifies in regulations.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes 
     citizenship, and
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces such individual's 
     United States nationality before a diplomatic or consular 
     officer of the United States pursuant to paragraph (5) of 
     section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.

     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     an individual is determined under paragraph (3) to hold an 
     interest in a trust on the day before the expatriation date--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets on the day before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.

     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii). In determining the amount of such 
     distribution, proper adjustments shall be made for 
     liabilities of the trust allocable to an individual's share 
     in the trust.
       ``(2) Special rules for interests in qualified trusts.--
       ``(A) In general.--If the trust interest described in 
     paragraph (1) is an interest in a qualified trust--
       ``(i) paragraph (1) and subsection (a) shall not apply, and
       ``(ii) in addition to any other tax imposed by this title, 
     there is hereby imposed on each distribution with respect to 
     such interest a tax in the amount determined under 
     subparagraph (B).
       ``(B) Amount of tax.--The amount of tax under subparagraph 
     (A)(ii) shall be equal to the lesser of--
       ``(i) the highest rate of tax imposed by section 1(e) for 
     the taxable year which includes the day before the 
     expatriation date, multiplied by the amount of the 
     distribution, or
       ``(ii) the balance in the deferred tax account immediately 
     before the distribution determined without regard to any 
     increases under subparagraph (C)(ii) after the 30th day 
     preceding the distribution.
       ``(C) Deferred tax account.--For purposes of subparagraph 
     (B)(ii)--
       ``(i) Opening balance.--The opening balance in a deferred 
     tax account with respect to any trust interest is an amount 
     equal to the tax which would have been imposed on the 
     allocable expatriation gain with respect to the trust 
     interest if such gain had been included in gross income under 
     subsection (a).
       ``(ii) Increase for interest.--The balance in the deferred 
     tax account shall be increased by the amount of interest 
     determined (on the balance in the account at the time the 
     interest accrues), for periods after the 90th day after the 
     expatriation date, by using the rates and method applicable 
     under section 6621 for underpayments of tax for such periods, 
     except that section 6621(a)(2) shall be applied by 
     substituting `5 percentage points' for `3 percentage points' 
     in subparagraph (B) thereof.
       ``(iii) Decrease for taxes previously paid.--The balance in 
     the tax deferred account shall be reduced--

       ``(I) by the amount of taxes imposed by subparagraph (A) on 
     any distribution to the person holding the trust interest, 
     and
       ``(II) in the case of a person holding a nonvested 
     interest, to the extent provided in regulations, by the 
     amount of taxes imposed by subparagraph (A) on distributions 
     from the trust with respect to nonvested interests not held 
     by such person.

       ``(D) Allocable expatriation gain.--For purposes of this 
     paragraph, the allocable expatriation gain with respect to 
     any beneficiary's interest in a trust is the amount of gain 
     which would be allocable to such beneficiary's vested and 
     nonvested interests in the trust if the beneficiary held 
     directly all assets allocable to such interests.
       ``(E) Tax deducted and withheld.--
       ``(i) In general.--The tax imposed by subparagraph (A)(ii) 
     shall be deducted and withheld by the trustees from the 
     distribution to which it relates.
       ``(ii) Exception where failure to waive treaty rights.--If 
     an amount may not be deducted and withheld under clause (i) 
     by reason of the distributee failing to waive any treaty 
     right with respect to such distribution--

       ``(I) the tax imposed by subparagraph (A)(ii) shall be 
     imposed on the trust and each trustee shall be personally 
     liable for the amount of such tax, and
       ``(II) any other beneficiary of the trust shall be entitled 
     to recover from the distributee the amount of such tax 
     imposed on the other beneficiary.

       ``(F) Disposition.--If a trust ceases to be a qualified 
     trust at any time, a covered expatriate disposes of an 
     interest in a qualified trust, or a covered expatriate 
     holding an interest in a qualified trust dies, then, in lieu 
     of the tax imposed by subparagraph (A)(ii), there is hereby 
     imposed a tax equal to the lesser of--
       ``(i) the tax determined under paragraph (1) as if the day 
     before the expatriation date were the date of such cessation, 
     disposition, or death, whichever is applicable, or
       ``(ii) the balance in the tax deferred account immediately 
     before such date.

     Such tax shall be imposed on the trust and each trustee shall 
     be personally liable for the

[[Page S5075]]

     amount of such tax and any other beneficiary of the trust 
     shall be entitled to recover from the covered expatriate or 
     the estate the amount of such tax imposed on the other 
     beneficiary.
       ``(G) Definitions and special rule.--For purposes of this 
     paragraph--
       ``(i) Qualified trust.--The term `qualified trust' means a 
     trust which is described in section 7701(a)(30)(E).
       ``(ii) Vested interest.--The term `vested interest' means 
     any interest which, as of the day before the expatriation 
     date, is vested in the beneficiary.
       ``(iii) Nonvested interest.--The term `nonvested interest' 
     means, with respect to any beneficiary, any interest in a 
     trust which is not a vested interest. Such interest shall be 
     determined by assuming the maximum exercise of discretion in 
     favor of the beneficiary and the occurrence of all 
     contingencies in favor of the beneficiary.
       ``(iv) Adjustments.--The Secretary may provide for such 
     adjustments to the bases of assets in a trust or a deferred 
     tax account, and the timing of such adjustments, in order to 
     ensure that gain is taxed only once.
       ``(3) Determination of beneficiaries' interest in trust.--
       ``(A) Determinations under paragraph (1).--For purposes of 
     paragraph (1), a beneficiary's interest in a trust shall be 
     based upon all relevant facts and circumstances, including 
     the terms of the trust instrument and any letter of wishes or 
     similar document, historical patterns of trust distributions, 
     and the existence of and functions performed by a trust 
     protector or any similar adviser.
       ``(B) Other determinations.--For purposes of this section--
       ``(i) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(ii) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--

       ``(I) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(II) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.

       ``(g) Termination of Deferrals, Etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate on the day before the 
     expatriation date, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''
       (b) Tax on Gifts and Bequests Received By United States 
     Citizens and Residents From Expatriates.--
       (1) In general.--Subtitle B (relating to estate and gift 
     taxes) is amended by inserting after chapter 14 the following 
     new chapter:

           ``CHAPTER 15--GIFTS AND BEQUESTS FROM EXPATRIATES

``Sec. 2801. Imposition of tax.

     ``SEC. 2801. IMPOSITION OF TAX.

       ``(a) In General.--If, during any calendar year, any United 
     States citizen or resident receives any covered gift or 
     bequest, there is hereby imposed a tax equal to the product 
     of--
       ``(1) the highest rate of tax specified in the table 
     contained in section 2001(c) as in effect on the date of such 
     receipt, and
       ``(2) the value of such covered gift or bequest.
       ``(b) Tax To Be Paid by Recipient.--The tax imposed by 
     subsection (a) on any covered gift or bequest shall be paid 
     by the person receiving such gift or bequest.
       ``(c) Exception for Certain Gifts.--Subsection (a) shall 
     apply only to the extent that the covered gifts and bequests 
     received during the calendar year exceed the amount 
     determined under section 2503(b)(2).
       ``(d) Tax Reduced By Foreign Gift or Estate Tax.--The tax 
     imposed by subsection (a) on any covered gift or bequest 
     shall be reduced by the amount of any gift or estate tax paid 
     to a foreign country with respect to such covered gift or 
     bequest.
       ``(e) Covered Gift or Bequest.--
       ``(1) In general.--For purposes of this chapter, the term 
     `covered gift or bequest' means--
       ``(A) any property acquired by gift directly or indirectly 
     from an individual who, at the time of such acquisition, was 
     a covered expatriate, and
       ``(B) any property acquired by bequest, devise, or 
     inheritance directly or indirectly from an individual who, at 
     the time of death, was a covered expatriate.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Such term shall not include--
       ``(A) any property shown on a timely filed return of tax 
     imposed by chapter 12 which is a taxable gift by the covered 
     expatriate, and
       ``(B) any property shown on a timely filed return of tax 
     imposed by chapter 11 of the estate of the covered 
     expatriate.
       ``(3) Transfers in trust.--Any covered gift or bequest 
     which is made in trust shall be treated as made to the 
     beneficiaries of such trust in proportion to their respective 
     interests in such trust (as determined under section 
     877A(f)(3)).
       ``(f) Covered Expatriate.--For purposes of this section, 
     the term `covered expatriate' has the meaning given to such 
     term by section 877A(c).''
       (2) Clerical amendment.--The table of chapters for subtitle 
     B is amended by inserting after the item relating to chapter 
     14 the following new item:

``Chapter 15. Gifts and bequests from expatriates.''

       (c) Definition of Termination of United States 
     Citizenship.--Section 7701(a) is amended by adding at the end 
     the following new paragraph:
       ``(48) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(e)(3).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''
       (d) Ineligibility for Visa or Admission To United States.--
       (1) In general.--Section 212(a)(10)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
     read as follows:
       ``(E) Former citizens not in compliance with expatriation 
     revenue provisions.--Any alien who is a former citizen of the 
     United States who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3) of the Internal 
     Revenue Code of 1986) and who is determined by the Attorney 
     General, after consultation with the Secretary of the 
     Treasury, not to be in compliance with sections 877A and 2801 
     of such Code (relating to expatriation).''
       (2) Availability of information.--
       (A) In general.--Section 6103(i) (relating to disclosure to 
     Federal officers or employees for administration of Federal 
     laws not relating to tax administration) is amended by adding 
     at the end the following new paragraph:
       ``(8) Disclosure to deny visa or admission to certain 
     expatriates.--Except as provided in paragraph (6), upon 
     written request of the Attorney General, the return of an 
     individual or return information with respect to such 
     individual shall be open to inspection by, or disclosure to, 
     officers and employees of the Federal agency responsible for 
     making a determination under section 212(a)(10)(E) of the 
     Immigration and Nationality Act for the purpose of, and to 
     the extent necessary in, making such determination with 
     respect to such individual.''
       (B) Conforming amendment.--Section 6103(i)(6) (relating to 
     confidential informants; impairment of investigations) is 
     amended by striking ``(5), or (7)'' and inserting ``(5), (7), 
     or (8)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to individuals who relinquish United States 
     citizenship on or after the date of the enactment of this 
     Act.
       (e) Conforming Amendments.--
       (1) Section 877 is amended by adding at the end the 
     following new subsection:
       ``(g) Application.--This section shall not apply to an 
     expatriate (as defined in section 877A(e)) whose expatriation 
     date (as so defined) occurs on or after the date of first 
     passage by the Senate of legislation adding section 877A to 
     this title.''
       (2) Section 2107 is amended by adding at the end the 
     following new subsection:
       ``(f) Application.--This section shall not apply to any 
     expatriate to whom section 877A applies.''
       (3) Section 2501(a)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Application.--This paragraph shall not apply to any 
     expatriate to whom section 877A applies.''
       (4)(A) Paragraph (1) of section 6039G(d) is amended by 
     inserting ``or 877A'' after ``section 877''.
       (B) The second sentence of section 6039G(e) is amended by 
     inserting ``or who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3))'' after 
     ``877(a))''.
       (C) Section 6039G(f) is amended by inserting ``or 
     877A(e)(2)(B)'' after ``877(e)(1)''.
       (f) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 of such Code is 
     amended by inserting after the item relating to section 877 
     the following new item:

``Sec. 877A. Tax responsibilities of expatriation.''

       (g) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (within the meaning of section 877A(e) of the Internal 
     Revenue Code of 1986, as added by this section) whose 
     expatriation date (as so defined) occurs on or after the date 
     of the first passage by the Senate of this section.
       (2) Gifts and bequests.--Chapter 15 of the Internal Revenue 
     Code of 1986 (as added by subsection (b)) shall apply to 
     covered gifts and bequests (as defined in section 2801 of 
     such Code, as so added) received on or after the date of the 
     first passage by the Senate of this section from an 
     individual or the estate of an individual whose expatriation 
     date (as so defined) occurs on or after such date.

[[Page S5076]]

     SEC. ____12. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY 
                   DETERMINATIONS.

       Section 1633 of the Social Security Act (42 U.S.C. 1383b) 
     is amended by adding at the end the following:
       ``(e)(1) The Commissioner of Social Security shall review 
     determinations, made by State agencies pursuant to subsection 
     (a) in connection with applications for benefits under this 
     title on the basis of blindness or disability, that 
     individuals who have attained 18 years of age are blind or 
     disabled as of a specified onset date. The Commissioner of 
     Social Security shall review such a determination before any 
     action is taken to implement the determination.
       ``(2)(A) In carrying out paragraph (1), the Commissioner of 
     Social Security shall review--
       ``(i) at least 25 percent of all determinations referred to 
     in paragraph (1) that are made in fiscal year 2003; and
       ``(ii) at least 50 percent of all such determinations that 
     are made in fiscal year 2004 or thereafter.
       ``(B) In carrying out subparagraph (A), the Commissioner of 
     Social Security shall, to the extent feasible, select for 
     review the determinations which the Commissioner of Social 
     Security identifies as being the most likely to be 
     incorrect.''.
                                  ____

  SA 3629. Ms. LANDRIEU (for herself and Mr. Breaux) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 48, between lines 16 and 17, insert the following:


                         construction, general

       For an additional amount for ``Construction, General'', 
     $15,408,000, which shall be used to carry out flood control 
     projects in southeast Louisiana: Provided, That the entire 
     amount made available under this heading is designated by 
     Congress as an emergency requirement under section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
                                  ____

  SA 3630. Ms. LANDRIEU (for herself and Mr. Breaux) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 49, between lines 18 and 19, insert the following:
       For an additional amount for ``Operation and Maintenance, 
     General'', $14,000,000, which shall be used for the 
     Mississippi River, Baton Rouge to the Gulf of Mexico, 
     Louisiana: Provided, That the $14,000,000 is designated by 
     Congress as an emergency requirement under section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
                                  ____

  SA 3631. Mr. KYL (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 26, between lines 4 and 5, insert the following:
       Sec. 210. (a) Subject to subsection (b), the Attorney 
     General shall, out of appropriations available to the 
     Department of Justice made in Public Law 107-77, transfer to, 
     and merge with, the appropriations account for the 
     Immigration and Naturalization Service entitled ``Salaries 
     and Expenses'' the following amounts for the following 
     purposes:
       (1) $4,900,000 to cover an increase in pay for all Border 
     Patrol agents who have completed at least one year's service 
     and are receiving an annual rate of basic pay for positions 
     at GS-9 of the General Schedule under section 5332 of title 
     5, United States Code, from the annual rate of basic pay 
     payable for positions at GS-9 of the General Schedule under 
     such section 5332, to an annual rate of basic pay payable for 
     positions at GS-11 of the General Schedule under such section 
     5332; and
       (2) $3,800,000 to cover an increase in pay for all 
     immigration inspectors who have completed at least one year's 
     service and are receiving an annual rate of basic pay for 
     positions at GS-9 of the General Schedule under section 5332 
     of title 5, United States Code, from the annual rate of basic 
     pay payable for positions at GS-9 of the General Schedule 
     under such section 5332, to an annual rate of basic pay 
     payable for positions at GS-11 of the General Schedule under 
     such section 5332.
       (b) Funds tranferred under subsection (a) shall be 
     available for obligation and expenditure only in accordance 
     with the procedures applicable to reprogramming notifications 
     set forth in section 605 of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 798).
       (c) Not later than September 30, 2002, the Justice 
     Management Division of the Department of Justice shall submit 
     a report to the Committees on Appropriations of the Senate 
     and the House of Representatives describing the progress made 
     in the development of the Chimera system.
       (d) No funds available to the Immigration and 
     Naturalization Service for technology activities in the 
     fiscal year 2003 may be obligated or expended unless the 
     program manager of the Chimera system approves the obligation 
     or expenditure of those funds and so reports to the Attorney 
     General.
                                  ____

  SA 3632. Mr. KYL (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 14, line 19, before the period insert the 
     following: ``: Provided, That of the amount appropriated 
     under this heading, $500,000 shall be for the Center for 
     Identification Technology Research at the West Virginia 
     University for the purpose of developing interoperability 
     standards and an application profile for technology neutral, 
     portable, and data independent biometrics, in accordance with 
     section 403(c)(2) of The USA PATRIOT Act (Public Law 107-56) 
     and sections 201(c)(5) and 202(a)(4)(B) and title III of the 
     Enhanced Border Security and Visa Reform Act (Public Law 107-
     173), and the amendments made by those provisions''.
                                  ____

  SA 3633. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 20, beginning with line 18, strike through line 2 
     on page 21.
                                  ____

  SA 3634. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 25, beginning with line 12, strike through line 4 
     on page 26.
                                  ____

  SA 3635. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 25, strike lines 1 through 11.
                                  ____

  SA 3636. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 15, beginning in line 1, strike ``$3,000,000 is to 
     enhance the National Water Level Observation Network and''.
                                  ____

  SA 3637. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 86, beginning with line 24, strike through line 8 
     on page 87.
                                  ____

  SA 3638. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 87, beginning with line 22, strike through line 4 
     on page 88.
                                  ____

  SA 3639. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 52, beginning with line 10, strike through line 22 
     on page 54.
                                  ____

  SA 3640. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 77, beginning with line 15 strike through line 10 
     on page 78.
                                  ____

  SA 3641. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S5077]]


       On page 114, beginning with line 24, strike through line 8 
     on page 116.
                                  ____

  SA 3642. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 71, beginning in line 8, strike ``cities, and of 
     which $6,776,000 is for data storage infrastructure upgrades 
     and emergency power supply system improvements at the Earth 
     Resources Observations Systems Data Center:'' and insert 
     ``cities:''.
                                  ____

  SA 3643. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 70, line 14, strike ``$3,125,000,'' and insert 
     ``$2,360,000,''.
                                  ____

  SA 3644. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 11, strike lines 9 through 16.
                                  ____

  SA 3645. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 76, beginning with line 14, strike through line 5 
     on page 77.
                                  ____

  SA 3646. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 98, beginning with line 16, strike through line 2 
     on page 99.
                                  ____

  SA 3647. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 102, line 11, strike ``$59,000,000,'' and insert 
     ``$57,000,000,''.
                                  ____

  SA 3648. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 48, beginning with line 18, strike through line 6 
     on page 49.
                                  ____

  SA 3649. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 113, strike lines 11 through 17.
                                  ____

  SA 3650. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 57, beginning with ``of'' in line 13, strike 
     through ``That'' in line 17.
                                  ____

  SA 3651. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 55, line 2, strike ``Santa Fe, New Mexico'' and 
     insert ``any State determined by the Secretary of the 
     Interior to be affected by the drought''.
                                  ____

  SA 3652. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 98, line 20, after ``expenses'' insert ``(as 
     determined by the Secretary of Transportation)''.
       On page 98, line 23, strike ``to repair'' and insert ``for 
     emergency repairs (as determined by the Secretary) to''.
       On page 98, line 24, strike ``safety needs'' and insert 
     ``safety and security needs (as determined by the 
     Secretary)''.
       On page 99, line 1, strike ``heavy overhaul'' and insert 
     ``emergency heavy overhaul (as determined by the 
     Secretary)''.
                                  ____

  SA 3653. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, after line 23, add the following:
       Sec. 605. Of the amounts appropriated to the President for 
     the United States Agency for International Development 
     (USAID) for the fiscal year 2002 and made available for the 
     Ocean Freight Reimbursement Program of USAID, $300,000 shall 
     be made available to the National Forum Foundation to 
     implement the TRANSFORM Program to obtain available space on 
     commercial ships for the shipment of humanitarian assistance 
     to needy foreign countries.
                                  ____

  SA 3654. Mr. SESSIONS (for himself and Mr. Hutchinson) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER 
                   MEDICARE PPS FOR INPATIENT AND OUTPATIENT 
                   HOSPITAL SERVICES.

       (a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended--
       (1) by inserting ``(i) In general.--'' before ``The 
     Secretary'', and adjusting the margin two ems to the right;
       (2) by striking ``The Secretary'' and inserting ``Subject 
     to clause (ii), the Secretary''; and
       (3) by adding at the end the following new clause:
       ``(ii) Floor on area wage adjustment factor.--
     Notwithstanding clause (i), in determining payments under 
     this subsection for discharges occurring on or after October 
     1, 2002, the Secretary shall substitute a factor of .925 for 
     any factor that would otherwise apply under such clause that 
     is less than .925. Nothing in this clause shall be construed 
     as authorizing--
       ``(I) the application of the last sentence of clause (i) to 
     any substitution made pursuant to this clause, or
       ``(II) the application of the preceding sentence of this 
     clause to adjustments for area wage levels made under other 
     payment systems established under this title (other than the 
     payment system under section 1833(t)) to which the factors 
     established under clause (i) apply.''.
       (b) Outpatient PPS.--Section 1833(t)(2) of the Social 
     Security Act (42 U.S.C. 1395l(t)(2)) is amended by adding at 
     the end the following: ``For purposes of subparagraph (D) for 
     items and services furnished on or after October 1, 2002, if 
     the factors established under clause (i) of section 
     1886(d)(3)(E) are used to adjust for relative differences in 
     labor and labor-related costs under the payment system 
     established under this subsection, the provisions of clause 
     (ii) of such section (relating to a floor on area wage 
     adjustment factor) shall apply to such factors, as used in 
     this subsection, in the same manner and to the same extent 
     (including waiving the applicability of the requirement for 
     such floor to be applied in a budget neutral manner) as they 
     apply to factors under section 1886.''.
                                  ____

  SA 3655. Mr. NICKLES submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 56, line 9, after the word assistance, strike all 
     through the word Gaza on line 12.
                                  ____

  SA 3656. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 503 and insert the following:
       Sec. 503. Section 1 of Public Law 105-204 (112 Stat. 681) 
     is amended--
       (1) in subsection (b), by striking ``until the date'' and 
     all that follows and inserting ``until the date that is 30 
     days after the date on which the Secretary of Energy awards a 
     contract under subsection (c), and no such amounts shall be 
     available for any purpose except to implement the 
     contract.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Contracting Requirements.--
       ``(1) In general.--Notwithstanding any other provision of 
     law (except section 1341 of title 31, United States Code), 
     the Secretary of Energy shall--
       ``(A) not later than 10 days after the date of enactment of 
     this paragraph, request offerors whose proposals in response 
     to Request for Proposals No. DE-RP05-010R22717

[[Page S5078]]

     (`Acquisition of Facilities and Services for Depleted Uranium 
     Hexalfluoride (DUF6) Conversion Project') were included in 
     the competitive range as of January 15, 2002, to confirm or 
     reinstate the offers in accordance with this paragraph, with 
     a deadline for offerors to deliver reinstatement or 
     confirmation to the Secretary of Energy not later than 20 
     days after the date of enactment of this paragraph; and
       ``(B) not later than 30 days after the date of enactment of 
     this paragraph, select for award of a contract the best value 
     of proposals confirmed or reinstated under subparagraph (A), 
     and award a contract for the scope of work stated in the 
     Request for Proposals, including the design, construction, 
     and operation of--
       ``(i) a facility described in subsection (a) on the site of 
     the gaseous diffusion plant at Paducah, Kentucky; and
       ``(ii) a facility described in subsection (a) on the site 
     of the gaseous diffusion plant at Portsmouth, Ohio.
       ``(2) Contract terms.--Notwithstanding any other provision 
     of law (except section 1341 of title 31, United States Code) 
     the Secretary of Energy shall negotiate with the awardee to 
     modify the contract awarded under paragraph (1) to--
       ``(A) require, as a mandatory item, that groundbreaking for 
     construction occur not later than July 31, 2004, and that 
     construction proceed expeditiously thereafter;
       ``(B) include as an item of performance the transportation, 
     conversion, and disposition of depleted uranium contained in 
     cylinders located at the Oak Ridge K-25 uranium enrichment 
     facility located in the East Tennessee Technology Park at Oak 
     Ridge, Tennessee, consistent with environmental agreements 
     between the State of Tennessee and the Secretary of Energy; 
     and
       ``(C) specify that the contractor shall not proceed to 
     perform any part of the contract unless sufficient funds have 
     been appropriated, in advance, specifically to pay for that 
     part of the contract.
       ``(3) Certification of groundbreaking.--Not later than 5 
     days after the date of groundbreaking for each facility, the 
     Secretary of Energy shall submit to Congress a certification 
     that groundbreaking has occurred.
       ``(d) Right of Action for Failure To Comply.--Any aggrieved 
     person or entity may bring a civil action in United States 
     district court for an injunction compelling the Secretary of 
     Energy to comply with this section.
       ``(e) Funding.--
       ``(1) In general.--For purposes of carrying out this 
     section, the Secretary of Energy may use any available 
     appropriations, or any nonappropriated funds (including the 
     unexpended amounts of funds transferred to the Department of 
     Energy under any memoranda of agreement between the Secretary 
     of Energy and the United States Enrichment Corporation 
     relating to depleted uranium).
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated, in addition to any funds made 
     available under paragraph (1), such sums as are necessary to 
     carry out this section.''.
                                  ____

  SA 3657. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7 after line 12, insert the following:
       Sec.  . (a) Rescission.--The unobligated balance of 
     authority available under section 2108(a) of Public Law 107-
     20 is rescinded as of the date of the enactment of this Act.
       (b) Appropriation.--There is appropriated to the Secretary 
     of Agriculture an amount equal to the unobligated balance 
     rescinded by subsection (a) for expenses through fiscal year 
     2003 under the Agricultural Trade Development and Assistance 
     Act of 1954, as amended (7 U.S.C. 1721-1726a) for commodities 
     supplied in connection with dispositions abroad pursuant to 
     title II of said Act.
                                  ____

  SA 3658. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7 after line 12, insert the following:
       ``Sec.  . Section 416(b)(7)(D)(iv) of the Agricultural Act 
     of 1949 (7 U.S.C. 1431(b)(7)(D)(iv)) is amended by striking 
     ``subsection.'' and inserting in lieu thereof the following: 
     `subsection, or to otherwise carry out the purposes of this 
     subsection.' ''.
                                  ____

  SA 3659. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 27, line 18, after ``Provided, That'' insert ``of 
     the amount available under this paragraph, $2,200,000 shall 
     be made available for the Army National Guard for information 
     operations, information assurance operations, and training 
     for such operations: Provided, further, That''.
                                  ____

  SA 3660. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 25, strike all from line 1 through line 11.
                                  ____

  SA 3661. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On pages 86 and 87, strike sections 801 and 802.
                                  ____

  SA 3662. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On pages 114 through 116, strike section 1203.
                                  ____

  SA 3663. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike from page 20, line 19 through page 21, line 2.
                                  ____

  SA 3664. Ms. SNOWE (for herself, and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 101, after line 23, add the following:

     SEC. 10  . ELIGIBILITY OF CERTAIN PROJECTS AND ACTIVITIES TO 
                   RECEIVE FUNDS FOR FISCAL YEAR 2002.

       Notwithstanding any other provision of law, projects and 
     activities designated on pages 82 through 92 of House Report 
     No. 107-308 shall be eligible for fiscal year 2002 funds made 
     available for the program for which each project or activity 
     is so designated.
                                  ____

  SA 3665. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 806 and inserting in lieu thereof the 
     following new section:
       Sec. 806. None of the funds provided by this or any other 
     Act may be used to enforce the amendments made by section 166 
     of the Community Renewal Tax Relief Act of 2000 on the State 
     of Alaska, including the imposition of any penalties.
                                  ____

  SA 3666. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 89, at the end of line 3, add a new section as 
     follows:
       Sec.   . In the statement of the managers of the committee 
     of conference accompanying the fiscal year 2001 Labor, Health 
     and Human Services, and Education appropriations bill (Public 
     Law 106-554; House Report 106-1033), the provision specifying 
     $464,000 for the Bethel Native Corporation worker 
     demonstration project shall be deemed to read as follows: 
     ``for the Alaska CHAR vocational training program, $100,000 
     and $364,000 for the Yuut Elitnauvriat People's Learning 
     Center in Bethel, Alaska for vocational training for Alaska 
     Natives''.
                                  ____

  SA 3667. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       Amend Title II by adding a new section as follows:
       Sec.   . In subsection (e)(4) of the Alaska Native Claims 
     Settlement Act created by section 702 of P.L. 107-117.
       (a) paragraph (B) is amended by--
       (1) striking ``subsection (e)(2)'' and inserting in lieu 
     thereof ``subsections (e)(1) of (e)(2)''; and
       (2) striking ``obligations under section 7 of P.L. 87-305'' 
     and inserting in lieu thereof ``small or small disadvantaged 
     business subcontracting goals under section 502 of P.L. 100-
     656, provided that where lower tier subcontractors exist, the 
     entity shall designate the appropriate contractor or 
     contractors to receive such credit''; and

[[Page S5079]]

       (b) paragraph (C) is amended by striking ``subsection 
     (e)(2)'' and inserting ``subsection (e)(1) or (e)(2)''.
                                  ____

  SA 3668. Mr. STEVENS (for himself and Mr. Campbell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in the bill, add the following:
       Sec.   . Of the amount appropriated in Public Law 107-117 
     under the heading ``operation and maintenance, army'', 
     $4,000,000 shall be available only for environmental cleanup 
     activities as the Jeep Demolition Area on the Former Lowry 
     Bombing and Gunnery Range, Aurora, Colorado.
                                  ____

  SA 3669. Mr. KERRY (for himself and Mr. Cleland) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of chapter 2 of title I, add the following:
       Sec. 210. Amounts appropriated by title V of Public Law 
     107-77 under the heading ``National Veterans Business 
     Development Corporation'' (115 Stat. 795) shall remain 
     available until expended.
                                  ____

  SA 3670. Mr. REID (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . HOOVER DAM BYPASS BRIDGE.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     enter into an agreement with the State of Nevada, the State 
     of Arizona, or both, to provide funding for construction of a 
     Hoover Dam bypass bridge under the Federal lands highways 
     program under chapter 2 of title 23, United States Code.
       (b) Methods of Funding.--The agreement entered into under 
     subsection (a) shall provide for funding in accordance with--
       (1) title 23, United States Code (including subchapter II 
     of chapter 1 of that title); and
       (2) section 350 of the National Highway System Designation 
     Act of 1995 (23 U.S.C. 101 note; 109 Stat. 618).
                                  ____

  SA 3671. Mr. REID (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 10, line 7, strike ``$10,000,000'' and all that 
     follows through the period and insert the following: 
     ``$20,000,000, to be derived from amounts made available for 
     this purpose in Public Law 107-77 and Public Law 107-117: 
     Provided further, That of the funds appropriated under this 
     heading, $10,000,000 shall be made available to accelerate 
     the collection of publicly available personal information on 
     individuals from nations known to harbor or sponsor 
     terrorists.''.
                                  ____

  SA 3672. Mr. CLELAND submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In chapter 5 of title I under the heading ``Defense 
     Environmental Restoration and Waste Management'', strike 
     ``$40,000,000: Provided,'' and insert ``$67,000,000: 
     Provided, that of the amount appropriated by this paragraph 
     $47,000,000 shall be available for activities at the Savannah 
     River Site, Aiken, South Carolina: Provided further,''.
                                  ____

  SA 3673. Mr. REID (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At an appropriate place, insert the following:
       Sec. ____. (a) Congress makes the following findings:
       (1) Electronic personal assistive mobility devices employ 
     energy-efficient advanced technologies to fully and safely 
     integrate users with pedestrian transportation.
       (2) The devices enable individuals to travel significant 
     distances and carry significant loads without use of 
     traditional vehicles.
       (3) The devices promote gains in efficiency, minimize 
     adverse environmental impacts, and facilitate improved use of 
     the public ways.
       (4) Uniform Federal standards for the devices would avoid 
     conflicting State and local requirements and would, thereby, 
     promote the use of the devices in interstate commerce.
       (b) The Consumer Product Safety Act (15 U.S.C. 2051 et 
     seq.) is amended by adding at the end the following:


            ``electronic personal assistive mobility devices

       ``Sec. 38. (a) Notwithstanding any other provision of law, 
     an electronic personal assistive mobility device is a 
     consumer product for the purpose of this Act and is subject 
     to regulation by the Commission.
       ``(b) For the purposes of this section, the term 
     `electronic personal assistive mobility device' means a self-
     balancing, nontandem-wheeled device that--
       ``(1) is powered solely by an electric motor propulsion 
     system; and
       ``(2) has a maximum motor-powered speed that does not 
     exceed 20 miles per hour.
       (c) Section 30102(6) of title 49, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``or an electronic personal assistive mobility 
     device (as defined in section 38 of the Consumer Product 
     Safety Act)''.
                                  ____

  SA 3674. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7 after linen 12, insert the following:
       ``Sec.   . Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance for projects in the 
     Embarras River Basin, Lake County Watersheds, and DuPage 
     County, Illinois, from funds available for the Watershed and 
     Flood Prevention Operations program: Provided, That of funds 
     made available in Public Law 107-76, $3,750,000 shall be used 
     to carry out this section.''
                                  ____

  SA 3675. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 2. INCOME LOSS ASSISTANCE.

       (a) Mandatory Funding.--The Secretary of Agriculture shall 
     use $100,000,000 of funds of the Commodity Credit Corporation 
     to make income loss assistance available to producers of 
     labrusca grapes on a farm that have incurred qualifying 
     income losses in calendar years 2001 and 2002.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.
                                  ____

  SA 3676. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 67, line 19, strike ``established'' and inert in 
     lieu thereof ``committed to support''.
                                  ____

  SA 3677. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 67, line 17, strike ``inaugurated'' and insert in 
     lieu thereof ``elected''.
                                  ____

  SA 3678. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 67, line 15, strike ``certify'' and insert in lieu 
     thereof ``report''.
                                  ____

  SA 3679. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him

[[Page S5080]]

to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 68, line 12, after ``or'' insert ``United States''.
                                  ____

  SA 3680. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 68, line 6, strike ``dedicated'' and insert in lieu 
     thereof ``committed to support''.
                                  ____

  SA 3681. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 2. ASSISTANCE FOR LABRUSCA GRAPE PRODUCERS.

       (a) In General.--The Secretary of Agriculture may use 
     $100,000,000 of funds of the Commodity Credit Corporation to 
     make payments, as soon as practicable after the date of 
     enactment of this Act, to producers of labrusca grapes for 
     quantity loss, quality loss, and severe economic loss to the 
     2001 and 2002 crops of labrusca grapes due to damaging 
     weather or related conditions.
       (b) Payment Quantity.--The payment quantity of labrusca 
     grapes for which the producers on a farm are eligible for 
     payments under this section shall be equal to the average 
     quantity of the 1996 through 2000 crop of labrusca grapes 
     produced by the producers on the farm, as determined by the 
     Secretary.
       (c) Limitations.--The Secretary shall not establish a 
     payment limitation, or gross income eligibility limitation, 
     with respect to payments made under this section.
       (d) Applicability.--This section applies only with respect 
     to the 2001 and 2002 crops of labrusca grapes and producers 
     of those crops.
                                  ____

  SA 3682. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7, after line 12, insert the following:
       ``sec.   . Notwithstanding any other provision of law and 
     effective on the date of enactment of this Act, the Secretary 
     may use an amount not to exceed $12,000,000 from the amounts 
     appropriated under the heading Food Safety and Inspection 
     Service under the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act 
     of 2001 (Public Law 106-387) to liquidate over-obligations 
     and over-expenditures of the Food Safety and Inspection 
     Service incurred during previous fiscal years, approved by 
     the Director of the Office of Management and Budget based on 
     documentation provided by the Secretary of Agriculture.''
                                  ____

  SA 3683. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF 
                   REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, effective for discharges occurring on or after October 
     1, 2002, and before October 1, 2005, for purposes of making 
     payments under section 1886(d) of the Social Security Act (42 
     U.S.C. 1395ww(d)), the large urban area of New York, New York 
     is deemed to include Orange County, New York, Dutchess 
     County, New York, Ulster County, New York, and Sullivan 
     County, New York.
       (b) Rules.--The reclassifications made under subsection (a) 
     with respect to a subsection (d) hospital shall be treated as 
     a decision of the Medicare Geographic Classification Review 
     Board under section 1886(d)(10) of the Social Security Act 
     (42 U.S.C. 1395ww(d)(10)).
                                  ____

  SA 3684. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, insert the following:

   DIVISION--CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2003

     SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL 
                   YEAR 2003.

       (a) Declaration.--Congress determines and declares that the 
     concurrent resolution on the budget for fiscal year 2002 is 
     revised and replaced and that this resolution is the 
     concurrent resolution on the budget for fiscal year 2003 
     including the appropriate budgetary levels for fiscal years 
     2004 through 2012 as authorized by section 301 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 632).
       (b) Table of Contents.--The table of contents for this 
     concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2003.

                      TITLE I--LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social Security.
Sec. 103. Major functional categories.

     TITLE II--BUDGETARY RESTRAINTS, RESERVE FUNDS, AND RULEMAKING

                    Subtitle A--Budgetary Restraints

Sec. 201. Congressional discretionary spending limits for 2003 through 
              2007.
Sec. 202. Emergency designation point of order in the Senate.
Sec. 203. Restrictions on advance appropriations in the Senate.
Sec. 204. Pay-as-you-go point of order in the Senate.

                       Subtitle B--Reserve Funds

Sec. 211. Reserve fund for Medicare.
Sec. 212. Reserve fund for health insurance for the uninsured.
Sec. 213. Reserve fund for Family Opportunity Act.
Sec. 214. Reserve fund for IDEA.
Sec. 215. Reserve fund for highways and highway safety.
Sec. 216. Amtrak reserve.

                  Subtitle C--Miscellaneous Provisions

Sec. 221. Application and effect of changes in allocations and 
              aggregates.
Sec. 222. Exercise of rulemaking powers.

                     TITLE III--SENSE OF THE SENATE

Sec. 301. Sense of the Senate regarding estimates of the cost of small 
              business credit programs.
Sec. 302. Sense of the Senate regarding Federal employee pay.
Sec. 303. Sense of the Senate on mental health parity.
Sec. 304. Sense of the Senate on Medicaid Commission.
Sec. 305. Sense of the Senate regarding PILT funding.

                      TITLE I--LEVELS AND AMOUNTS

     SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

       The following budgetary levels are appropriate for the 
     fiscal years 2002 through 2012:
       (1) Federal revenues.--For purposes of the enforcement of 
     this resolution--
       (A) The recommended levels of Federal revenues are as 
     follows:
       Fiscal year 2002: $1,443,401,000,000.
       Fiscal year 2003: $1,493,902,000,000.
       Fiscal year 2004: $1,596,172,000,000.
       Fiscal year 2005: $1,723,595,000,000.
       Fiscal year 2006: $1,817,735,000,000.
       Fiscal year 2007: $1,907,948,000,000.
       Fiscal year 2008: $2,013,211,000,000.
       Fiscal year 2009: $2,125,874,000,000.
       Fiscal year 2010: $2,234,542,000,000.
       Fiscal year 2011: $2,340,774,000,000.
       Fiscal year 2012: $2,475,687,000,000.
       (B) The amounts by which the aggregate levels of Federal 
     revenues should be changed are as follows:
       Fiscal year 2002: $-44,244,000,000.
       Fiscal year 2003: $-46,608,000,000.
       Fiscal year 2004: $-39,584,000,000.
       Fiscal year 2005: $-16,089,000,000.
       Fiscal year 2006: $981,000,000.
       Fiscal year 2007: $-14,000,000.
       Fiscal year 2008: $-1,670,000,000.
       Fiscal year 2009: $-5,042,000,000.
       Fiscal year 2010: $-10,466,000,000.
       Fiscal year 2011: $-135,470,000,000.
       Fiscal year 2012: $-232,766,000,000.
       (2) New budget authority.--For purposes of the enforcement 
     of this resolution, the appropriate levels of total new 
     budget authority are as follows:
       Fiscal year 2002: $1,716,775,000,000.
       Fiscal year 2003: $1,804,288,000,000.
       Fiscal year 2004: $1,864,345,000,000.
       Fiscal year 2005: $1,963,648,000,000.
       Fiscal year 2006: $2,051,109,000,000.
       Fiscal year 2007: $2,149,260,000,000.
       Fiscal year 2008: $2,248,037,000,000.
       Fiscal year 2009: $2,351,802,000,000.
       Fiscal year 2010: $2,460,142,000,000.
       Fiscal year 2011: $2,581,295,000,000.
       Fiscal year 2012: $2,679,841,000,000.
       (3) Budget outlays.--For purposes of the enforcement of 
     this resolution, the appropriate levels of total budget 
     outlays are as follows:
       Fiscal year 2002: $1,664,729,000,000.
       Fiscal year 2003: $1,780,271,000,000.
       Fiscal year 2004: $1,846,159,000,000.
       Fiscal year 2005: $1,937,114,000,000.
       Fiscal year 2006: $2,016,860,000,000.
       Fiscal year 2007: $2,105,868,000,000.
       Fiscal year 2008: $2,211,283,000,000.
       Fiscal year 2009: $2,316,094,000,000.
       Fiscal year 2010: $2,424,942,000,000.
       Fiscal year 2011: $2,552,267,000,000.
       Fiscal year 2012: $2,643,085,000,000.
       (4) Surpluses.--For purposes of the enforcement of this 
     resolution, the amounts of the surpluses are as follows:
       Fiscal year 2002: $-221,328,000,000.
       Fiscal year 2003: $-286,369,000,000.
       Fiscal year 2004: $-249,987,000,000.

[[Page S5081]]

       Fiscal year 2005: $-213,519,000,000.
       Fiscal year 2006: $-199,125,000,000.
       Fiscal year 2007: $-197,920,000,000.
       Fiscal year 2008: $-198,072,000,000.
       Fiscal year 2009: $-190,220,000,000.
       Fiscal year 2010: $-190,400,000,000.
       Fiscal year 2011: $-211,493,000,000.
       Fiscal year 2012: $-167,398,000,000.
       (5) Public debt.--The appropriate levels of the public debt 
     are as follows:
       Fiscal year 2002: $6,054,062,000,000.
       Fiscal year 2003: $6,451,622,000,000.
       Fiscal year 2004: $6,853,330,000,000.
       Fiscal year 2005: $7,238,975,000,000.
       Fiscal year 2006: $7,616,271,000,000.
       Fiscal year 2007: $7,998,005,000,000.
       Fiscal year 2008: $8,384,734,000,000.
       Fiscal year 2009: $8,771,425,000,000.
       Fiscal year 2010: $9,166,305,000,000.
       Fiscal year 2011: $9,589,629,000,000.
       Fiscal year 2012: $9,980,661,000,000.
       (6) Debt held by the public.--The appropriate levels of the 
     debt held by the public are as follows:
       Fiscal year 2002: $3,423,900,000,000.
       Fiscal year 2003: $3,553,200,000,000.
       Fiscal year 2004: $3,634,600,000,000.
       Fiscal year 2005: $3,668,700,000,000.
       Fiscal year 2006: $3,675,900,000,000.
       Fiscal year 2007: $3,667,900,000,000.
       Fiscal year 2008: $3,645,800,000,000.
       Fiscal year 2009: $3,601,800,000,000.
       Fiscal year 2010: $3,542,900,000,000.
       Fiscal year 2011: $3,489,100,000,000.
       Fiscal year 2012: $3,378,500,000,000.

     SEC. 102. SOCIAL SECURITY.

       (a) Social Security Revenues.--For purposes of Senate 
     enforcement under sections 302 and 311 of the Congressional 
     Budget Act of 1974, the amounts of revenues of the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund are as follows:
       Fiscal year 2002: $518,249,000,000.
       Fiscal year 2003: $545,386,000,000.
       Fiscal year 2004: $573,537,000,000.
       Fiscal year 2005: $602,159,000,000.
       Fiscal year 2006: $630,920,000,000.
       Fiscal year 2007: $660,899,000,000.
       Fiscal year 2008: $692,320,000,000.
       Fiscal year 2009: $726,627,000,000.
       Fiscal year 2010: $764,167,000,000.
       Fiscal year 2011: $802,485,000,000.
       Fiscal year 2012: $842,255,000,000.
       (b) Social Security Outlays.--For purposes of Senate 
     enforcement under sections 302 and 311 of the Congressional 
     Budget Act of 1974, the amounts of outlays of the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund are as follows:
       Fiscal year 2002: $354,349,000,000.
       Fiscal year 2003: $365,168,000,000.
       Fiscal year 2004: $375,478,000,000.
       Fiscal year 2005: $388,064,000,000.
       Fiscal year 2006: $401,450,000,000.
       Fiscal year 2007: $416,186,000,000.
       Fiscal year 2008: $431,988,000,000.
       Fiscal year 2009: $451,149,000,000.
       Fiscal year 2010: $472,439,000,000.
       Fiscal year 2011: $494,177,000,000.
       Fiscal year 2012: $519,806,000,000.

     SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

       Congress determines and declares that the appropriate 
     levels of new budget authority, budget outlays, new direct 
     loan obligations, and new primary loan guarantee commitments 
     for fiscal years 2002 through 2012 for each major functional 
     category are:
       (1) National Defense (050):
       Fiscal year 2002:
       (A) New budget authority, $361,485,000,000.
       (B) Outlays, $353,311,000,000.
       Fiscal year 2003:
       (A) New budget authority, $392,837,000,000.
       (B) Outlays, $385,411,000,000.
       Fiscal year 2004:
       (A) New budget authority, $394,842,000,000.
       (B) Outlays, $389,058,000,000.
       Fiscal year 2005:
       (A) New budget authority, $415,433,000,000.
       (B) Outlays, $406,429,000,000.
       Fiscal year 2006:
       (A) New budget authority, $436,142,000,000.
       (B) Outlays, $420,340,000,000.
       Fiscal year 2007:
       (A) New budget authority, $457,643,000,000.
       (B) Outlays, $433,623,000,000.
       Fiscal year 2008:
       (A) New budget authority, $469,700,000,000.
       (B) Outlays, $454,915,000,000.
       Fiscal year 2009:
       (A) New budget authority, $482,034,000,000.
       (B) Outlays, $469,738,000,000.
       Fiscal year 2010:
       (A) New budget authority, $494,731,000,000.
       (B) Outlays, $484,172,000,000.
       Fiscal year 2011:
       (A) New budget authority, $507,736,000,000.
       (B) Outlays, $502,155,000,000.
       Fiscal year 2012:
       (A) New budget authority, $521,046,000,000.
       (B) Outlays, $508,203,000,000.
       (2) International Affairs (150):
       Fiscal year 2002:
       (A) New budget authority, $25,130,000,000.
       (B) Outlays, $22,219,000,000.
       Fiscal year 2003:
       (A) New budget authority, $25,142,000,000.
       (B) Outlays, $22,054,000,000.
       Fiscal year 2004:
       (A) New budget authority, $26,019,000,000.
       (B) Outlays, $22,425,000,000.
       Fiscal year 2005:
       (A) New budget authority, $26,830,000,000.
       (B) Outlays, $22,536,000,000.
       Fiscal year 2006:
       (A) New budget authority, $27,453,000,000.
       (B) Outlays, $22,807,000,000.
       Fiscal year 2007:
       (A) New budget authority, $28,187,000,000.
       (B) Outlays, $23,743,000,000.
       Fiscal year 2008:
       (A) New budget authority, $28,891,000,000.
       (B) Outlays, $24,346,000,000.
       Fiscal year 2009:
       (A) New budget authority, $29,517,000,000.
       (B) Outlays, $25,029,000,000.
       Fiscal year 2010:
       (A) New budget authority, $30,505,000,000.
       (B) Outlays, $25,678,000,000.
       Fiscal year 2011:
       (A) New budget authority, $31,254,000,000.
       (B) Outlays, $26,275,000,000.
       Fiscal year 2012:
       (A) New budget authority, $31,764,000,000.
       (B) Outlays, $26,902,000,000.
       (3) General Science, Space, and Technology (250):
       Fiscal year 2002:
       (A) New budget authority, $22,087,000,000.
       (B) Outlays, $20,984,000,000.
       Fiscal year 2003:
       (A) New budget authority, $22,749,000,000.
       (B) Outlays, $21,837,000,000.
       Fiscal year 2004:
       (A) New budget authority, $23,397,000,000.
       (B) Outlays, $22,640,000,000.
       Fiscal year 2005:
       (A) New budget authority, $23,915,000,000.
       (B) Outlays, $23,316,000,000.
       Fiscal year 2006:
       (A) New budget authority, $24,473,000,000.
       (B) Outlays, $23,834,000,000.
       Fiscal year 2007:
       (A) New budget authority, $25,052,000,000.
       (B) Outlays, $24,404,000,000.
       Fiscal year 2008:
       (A) New budget authority, $25,646,000,000.
       (B) Outlays, $24,981,000,000.
       Fiscal year 2009:
       (A) New budget authority, $26,252,000,000.
       (B) Outlays, $25,571,000,000.
       Fiscal year 2010:
       (A) New budget authority, $26,876,000,000.
       (B) Outlays, $26,176,000,000.
       Fiscal year 2011:
       (A) New budget authority, $27,515,000,000.
       (B) Outlays, $26,799,000,000.
       Fiscal year 2012:
       (A) New budget authority, $28,046,000,000.
       (B) Outlays, $27,437,000,000.
       (4) Energy (270):
       Fiscal year 2002:
       (A) New budget authority, $2,342,000,000.
       (B) Outlays, $433,000,000.
       Fiscal year 2003:
       (A) New budget authority, $2,745,000,000.
       (B) Outlays, $931,000,000.
       Fiscal year 2004:
       (A) New budget authority, $2,900,000,000.
       (B) Outlays, $1,133,000,000.
       Fiscal year 2005:
       (A) New budget authority, $2,743,000,000.
       (B) Outlays, $1,075,000,000.
       Fiscal year 2006:
       (A) New budget authority, $2,291,000,000.
       (B) Outlays, $949,000,000.
       Fiscal year 2007:
       (A) New budget authority, $2,145,000,000.
       (B) Outlays, $885,000,000.
       Fiscal year 2008:
       (A) New budget authority, $2,687,000,000.
       (B) Outlays, $1,175,000,000.
       Fiscal year 2009:
       (A) New budget authority, $2,766,000,000.
       (B) Outlays, $1,248,000,000.
       Fiscal year 2010:
       (A) New budget authority, $2,848,000,000.
       (B) Outlays, $1,517,000,000.
       Fiscal year 2011:
       (A) New budget authority, $2,929,000,000.
       (B) Outlays, $1,640,000,000.
       Fiscal year 2012:
       (A) New budget authority, $2,956,000,000.
       (B) Outlays, $1,811,000,000.
       (5) Natural Resources and Environment (300):
       Fiscal year 2002:
       (A) New budget authority, $30,855,000,000.
       (B) Outlays, $29,073,000,000.
       Fiscal year 2003:
       (A) New budget authority, $31,999,000,000.
       (B) Outlays, $30,456,000,000.
       Fiscal year 2004:
       (A) New budget authority, $32,768,000,000.
       (B) Outlays, $31,470,000,000.
       Fiscal year 2005:
       (A) New budget authority, $33,635,000,000.
       (B) Outlays, $32,381,000,000.
       Fiscal year 2006:
       (A) New budget authority, $33,262,000,000.
       (B) Outlays, $33,570,000,000.
       Fiscal year 2007:
       (A) New budget authority, $32,397,000,000.
       (B) Outlays, $33,712,000,000.
       Fiscal year 2008:
       (A) New budget authority, $33,282,000,000.
       (B) Outlays, $33,854,000,000.
       Fiscal year 2009:
       (A) New budget authority, $34,686,000,000.
       (B) Outlays, $34,522,000,000.
       Fiscal year 2010:
       (A) New budget authority, $35,822,000,000.
       (B) Outlays, $35,340,000,000.
       Fiscal year 2011:
       (A) New budget authority, $36,846,000,000.
       (B) Outlays, $36,322,000,000.
       Fiscal year 2012:
       (A) New budget authority, $37,771,000,000.
       (B) Outlays, $37,206,000,000.
       (6) Agriculture (350):
       Fiscal year 2002:
       (A) New budget authority, $33,229,000,000.
       (B) Outlays, $31,459,000,000.
       Fiscal year 2003:
       (A) New budget authority, $29,328,000,000.
       (B) Outlays, $28,305,000,000.
       Fiscal year 2004:
       (A) New budget authority, $23,749,000,000.
       (B) Outlays, $22,161,000,000.
       Fiscal year 2005:
       (A) New budget authority, $24,655,000,000.

[[Page S5082]]

       (B) Outlays, $23,326,000,000.
       Fiscal year 2006:
       (A) New budget authority, $21,816,000,000.
       (B) Outlays, $20,563,000,000.
       Fiscal year 2007:
       (A) New budget authority, $21,567,000,000.
       (B) Outlays, $20,501,000,000.
       Fiscal year 2008:
       (A) New budget authority, $20,064,000,000.
       (B) Outlays, $18,956,000,000.
       Fiscal year 2009:
       (A) New budget authority, $19,022,000,000.
       (B) Outlays, $17,933,000,000.
       Fiscal year 2010:
       (A) New budget authority, $18,642,000,000.
       (B) Outlays, $17,631,000,000.
       Fiscal year 2011:
       (A) New budget authority, $18,530,000,000.
       (B) Outlays, $17,520,000,000.
       Fiscal year 2012:
       (A) New budget authority, $18,518,000,000.
       (B) Outlays, $17,511,000,000.
       (7) Commerce and Housing Credit (370):
       Fiscal year 2002:
       (A) New budget authority, $3,193,000,000.
       (B) Outlays, $649,000,000.
       Fiscal year 2003:
       (A) New budget authority, $5,831,000,000.
       (B) Outlays, $1,523,000,000.
       Fiscal year 2004:
       (A) New budget authority, $5,715,000,000.
       (B) Outlays, $1,117,000,000.
       Fiscal year 2005:
       (A) New budget authority, $6,858,000,000.
       (B) Outlays, $2,685,000,000.
       Fiscal year 2006:
       (A) New budget authority, $6,415,000,000.
       (B) Outlays, $2,148,000,000.
       Fiscal year 2007:
       (A) New budget authority, $7,552,000,000.
       (B) Outlays, $3,257,000,000.
       Fiscal year 2008:
       (A) New budget authority, $7,982,000,000.
       (B) Outlays, $3,430,000,000.
       Fiscal year 2009:
       (A) New budget authority, $8,858,000,000.
       (B) Outlays, $4,053,000,000.
       Fiscal year 2010:
       (A) New budget authority, $13,126,000,000.
       (B) Outlays, $7,536,000,000.
       Fiscal year 2011:
       (A) New budget authority, $7,912,000,000.
       (B) Outlays, $4,631,000,000.
       Fiscal year 2012:
       (A) New budget authority, $7,862,000,000.
       (B) Outlays, $4,161,000,000.
       (8) Transportation (400):
       Fiscal year 2002:
       (A) New budget authority, $71,101,000,000.
       (B) Outlays, $64,872,000,000.
       Fiscal year 2003:
       (A) New budget authority, $64,633,000,000.
       (B) Outlays, $66,500,000,000.
       Fiscal year 2004:
       (A) New budget authority, $59,765,000,000.
       (B) Outlays, $64,122,000,000.
       Fiscal year 2005:
       (A) New budget authority, $65,881,000,000.
       (B) Outlays, $64,057,000,000.
       Fiscal year 2006:
       (A) New budget authority, $67,093,000,000.
       (B) Outlays, $65,247,000,000.
       Fiscal year 2007:
       (A) New budget authority, $68,351,000,000.
       (B) Outlays, $66,304,000,000.
       Fiscal year 2008:
       (A) New budget authority, $69,775,000,000.
       (B) Outlays, $67,494,000,000.
       Fiscal year 2009:
       (A) New budget authority, $71,214,000,000.
       (B) Outlays, $68,599,000,000.
       Fiscal year 2010:
       (A) New budget authority, $72,686,000,000.
       (B) Outlays, $70,132,000,000.
       Fiscal year 2011:
       (A) New budget authority, $74,193,000,000.
       (B) Outlays, $71,761,000,000.
       Fiscal year 2012:
       (A) New budget authority, $75,732,000,000.
       (B) Outlays, $73,332,000,000.
       (9) Community and Regional Development (450):
       Fiscal year 2002:
       (A) New budget authority, $23,465,000,000.
       (B) Outlays, $14,672,000,000.
       Fiscal year 2003:
       (A) New budget authority, $15,505,000,000.
       (B) Outlays, $16,763,000,000.
       Fiscal year 2004:
       (A) New budget authority, $15,759,000,000.
       (B) Outlays, $18,089,000,000.
       Fiscal year 2005:
       (A) New budget authority, $16,024,000,000.
       (B) Outlays, $17,798,000,000.
       Fiscal year 2006:
       (A) New budget authority, $16,387,000,000.
       (B) Outlays, $16,707,000,000.
       Fiscal year 2007:
       (A) New budget authority, $16,662,000,000.
       (B) Outlays, $16,315,000,000.
       Fiscal year 2008:
       (A) New budget authority, $17,060,000,000.
       (B) Outlays, $15,713,000,000.
       Fiscal year 2009:
       (A) New budget authority, $17,456,000,000.
       (B) Outlays, $15,946,000,000.
       Fiscal year 2010:
       (A) New budget authority, $17,860,000,000.
       (B) Outlays, $16,261,000,000.
       Fiscal year 2011:
       (A) New budget authority, $18,266,000,000.
       (B) Outlays, $16,626,000,000.
       Fiscal year 2012:
       (A) New budget authority, $18,691,000,000.
       (B) Outlays, $17,028,000,000.
       (10) Education, Training, Employment, and Social Services 
     (500):
       Fiscal year 2002:
       (A) New budget authority, $78,945,000,000.
       (B) Outlays, $68,943,000,000.
       Fiscal year 2003:
       (A) New budget authority, $83,037,000,000.
       (B) Outlays, $79,393,000,000.
       Fiscal year 2004:
       (A) New budget authority, $84,933,000,000.
       (B) Outlays, $83,402,000,000.
       Fiscal year 2005:
       (A) New budget authority, $86,928,000,000.
       (B) Outlays, $85,243,000,000.
       Fiscal year 2006:
       (A) New budget authority, $89,145,000,000.
       (B) Outlays, $86,814,000,000.
       Fiscal year 2007:
       (A) New budget authority, $91,375,000,000.
       (B) Outlays, $88,888,000,000.
       Fiscal year 2008:
       (A) New budget authority, $93,533,000,000.
       (B) Outlays, $90,991,000,000.
       Fiscal year 2009:
       (A) New budget authority, $95,710,000,000.
       (B) Outlays, $93,103,000,000.
       Fiscal year 2010:
       (A) New budget authority, $97,633,000,000.
       (B) Outlays, $94,974,000,000.
       Fiscal year 2011:
       (A) New budget authority, $99,877,000,000.
       (B) Outlays, $97,148,000,000.
       Fiscal year 2012:
       (A) New budget authority, $102,168,000,000.
       (B) Outlays, $99,366,000,000.
       (11) Health (550):
       Fiscal year 2002:
       (A) New budget authority, $201,167,000,000.
       (B) Outlays, $195,140,000,000.
       Fiscal year 2003:
       (A) New budget authority, $228,656,000,000.
       (B) Outlays, $224,779,000,000.
       Fiscal year 2004:
       (A) New budget authority, $261,286,000,000.
       (B) Outlays, $257,807,000,000.
       Fiscal year 2005:
       (A) New budget authority, $277,999,000,000.
       (B) Outlays, $277,377,000,000.
       Fiscal year 2006:
       (A) New budget authority, $286,397,000,000.
       (B) Outlays, $285,580,000,000.
       Fiscal year 2007:
       (A) New budget authority, $307,461,000,000.
       (B) Outlays, $305,655,000,000.
       Fiscal year 2008:
       (A) New budget authority, $329,055,000,000.
       (B) Outlays, $327,394,000,000.
       Fiscal year 2009:
       (A) New budget authority, $352,116,000,000.
       (B) Outlays, $350,854,000,000.
       Fiscal year 2010:
       (A) New budget authority, $378,044,000,000.
       (B) Outlays, $376,597,000,000.
       Fiscal year 2011:
       (A) New budget authority, $405,934,000,000.
       (B) Outlays, $404,207,000,000.
       Fiscal year 2012:
       (A) New budget authority, $436,075,000,000.
       (B) Outlays, $434,458,000,000.
       (12) Medicare (570):
       Fiscal year 2002:
       (A) New budget authority, $227,232,000,000.
       (B) Outlays, $227,324,000,000.
       Fiscal year 2003:
       (A) New budget authority, $237,998,000,000.
       (B) Outlays, $237,850,000,000.
       Fiscal year 2004:
       (A) New budget authority, $251,634,000,000.
       (B) Outlays, $251,914,000,000.
       Fiscal year 2005:
       (A) New budget authority, $275,333,000,000.
       (B) Outlays, $275,247,000,000.
       Fiscal year 2006:
       (A) New budget authority, $302,373,000,000.
       (B) Outlays, $302,138,000,000.
       Fiscal year 2007:
       (A) New budget authority, $332,059,000,000.
       (B) Outlays, $332,317,000,000.
       Fiscal year 2008:
       (A) New budget authority, $362,401,000,000.
       (B) Outlays, $362,265,000,000.
       Fiscal year 2009:
       (A) New budget authority, $398,190,000,000.
       (B) Outlays, $397,937,000,000.
       Fiscal year 2010:
       (A) New budget authority, $431,065,000,000.
       (B) Outlays, $431,334,000,000.
       Fiscal year 2011:
       (A) New budget authority, $471,863,000,000.
       (B) Outlays, $471,702,000,000.
       Fiscal year 2012:
       (A) New budget authority, $505,297,000,000.
       (B) Outlays, $505,027,000,000.
       (13) Income Security (600):
       Fiscal year 2002:
       (A) New budget authority, $311,571,000,000.
       (B) Outlays, $313,803,000,000.
       Fiscal year 2003:
       (A) New budget authority, $321,185,000,000.
       (B) Outlays, $323,553,000,000.
       Fiscal year 2004:
       (A) New budget authority, $318,332,000,000.
       (B) Outlays, $318,641,000,000.
       Fiscal year 2005:
       (A) New budget authority, $324,955,000,000.
       (B) Outlays, $325,756,000,000.
       Fiscal year 2006:
       (A) New budget authority, $336,427,000,000.
       (B) Outlays, $335,427,000,000.
       Fiscal year 2007:
       (A) New budget authority, $344,237,000,000.
       (B) Outlays, $342,693,000,000.
       Fiscal year 2008:
       (A) New budget authority, $357,742,000,000.
       (B) Outlays, $356,174,000,000.
       Fiscal year 2009:
       (A) New budget authority, $369,345,000,000.
       (B) Outlays, $367,799,000,000.
       Fiscal year 2010:
       (A) New budget authority, $382,103,000,000.
       (B) Outlays, $380,349,000,000.
       Fiscal year 2011:
       (A) New budget authority, $399,930,000,000.
       (B) Outlays, $397,965,000,000.
       Fiscal year 2012:
       (A) New budget authority, $402,117,000,000.
       (B) Outlays, $399,887,000,000.
       (14) Social Security (650):
       Fiscal year 2002:

[[Page S5083]]

       (A) New budget authority, $12,938,000,000.
       (B) Outlays, $12,937,000,000.
       Fiscal year 2003:
       (A) New budget authority, $13,429,000,000.
       (B) Outlays, $13,429,000,000.
       Fiscal year 2004:
       (A) New budget authority, $14,404,000,000.
       (B) Outlays, $14,404,000,000.
       Fiscal year 2005:
       (A) New budget authority, $15,317,000,000.
       (B) Outlays, $15,317,000,000.
       Fiscal year 2006:
       (A) New budget authority, $16,223,000,000.
       (B) Outlays, $16,223,000,000.
       Fiscal year 2007:
       (A) New budget authority, $17,398,000,000.
       (B) Outlays, $17,398,000,000.
       Fiscal year 2008:
       (A) New budget authority, $18,779,000,000.
       (B) Outlays, $18,779,000,000.
       Fiscal year 2009:
       (A) New budget authority, $20,465,000,000.
       (B) Outlays, $20,465,000,000.
       Fiscal year 2010:
       (A) New budget authority, $22,404,000,000.
       (B) Outlays, $22,404,000,000.
       Fiscal year 2011:
       (A) New budget authority, $25,620,000,000.
       (B) Outlays, $25,620,000,000.
       Fiscal year 2012:
       (A) New budget authority, $28,107,000,000.
       (B) Outlays, $28,107,000,000.
       (15) Veterans Benefits and Services (700):
       Fiscal year 2002:
       (A) New budget authority, $50,639,000,000.
       (B) Outlays, $50,038,000,000.
       Fiscal year 2003:
       (A) New budget authority, $56,395,000,000.
       (B) Outlays, $55,838,000,000.
       Fiscal year 2004:
       (A) New budget authority, $58,518,000,000.
       (B) Outlays, $58,138,000,000.
       Fiscal year 2005:
       (A) New budget authority, $62,696,000,000.
       (B) Outlays, $62,367,000,000.
       Fiscal year 2006:
       (A) New budget authority, $62,335,000,000.
       (B) Outlays, $61,982,000,000.
       Fiscal year 2007:
       (A) New budget authority, $61,837,000,000.
       (B) Outlays, $61,394,000,000.
       Fiscal year 2008:
       (A) New budget authority, $65,814,000,000.
       (B) Outlays, $65,592,000,000.
       Fiscal year 2009:
       (A) New budget authority, $67,631,000,000.
       (B) Outlays, $67,330,000,000.
       Fiscal year 2010:
       (A) New budget authority, $69,534,000,000.
       (B) Outlays, $69,208,000,000.
       Fiscal year 2011:
       (A) New budget authority, $74,041,000,000.
       (B) Outlays, $73,738,000,000.
       Fiscal year 2012:
       (A) New budget authority, $71,865,000,000.
       (B) Outlays, $71,461,000,000.
       (16) Administration of Justice (750):
       Fiscal year 2002:
       (A) New budget authority, $36,227,000,000.
       (B) Outlays, $34,334,000,000.
       Fiscal year 2003:
       (A) New budget authority, $40,089,000,000.
       (B) Outlays, $39,127,000,000.
       Fiscal year 2004:
       (A) New budget authority, $40,878,000,000.
       (B) Outlays, $41,423,000,000.
       Fiscal year 2005:
       (A) New budget authority, $39,623,000,000.
       (B) Outlays, $39,772,000,000.
       Fiscal year 2006:
       (A) New budget authority, $40,559,000,000.
       (B) Outlays, $40,299,000,000.
       Fiscal year 2007:
       (A) New budget authority, $41,536,000,000.
       (B) Outlays, $41,110,000,000.
       Fiscal year 2008:
       (A) New budget authority, $42,532,000,000.
       (B) Outlays, $42,095,000,000.
       Fiscal year 2009:
       (A) New budget authority, $43,566,000,000.
       (B) Outlays, $43,088,000,000.
       Fiscal year 2010:
       (A) New budget authority, $44,622,000,000.
       (B) Outlays, $44,128,000,000.
       Fiscal year 2011:
       (A) New budget authority, $45,698,000,000.
       (B) Outlays, $45,200,000,000.
       Fiscal year 2012:
       (A) New budget authority, $46,797,000,000.
       (B) Outlays, $46,289,000,000.
       (17) General Government (800):
       Fiscal year 2002:
       (A) New budget authority, $17,284,000,000.
       (B) Outlays, $16,648,000,000.
       Fiscal year 2003:
       (A) New budget authority, $17,234,000,000.
       (B) Outlays, $17,015,000,000.
       Fiscal year 2004:
       (A) New budget authority, $17,324,000,000.
       (B) Outlays, $17,434,000,000.
       Fiscal year 2005:
       (A) New budget authority, $17,730,000,000.
       (B) Outlays, $17,591,000,000.
       Fiscal year 2006:
       (A) New budget authority, $18,178,000,000.
       (B) Outlays, $17,935,000,000.
       Fiscal year 2007:
       (A) New budget authority, $18,641,000,000.
       (B) Outlays, $18,296,000,000.
       Fiscal year 2008:
       (A) New budget authority, $18,688,000,000.
       (B) Outlays, $18,432,000,000.
       Fiscal year 2009:
       (A) New budget authority, $19,191,000,000.
       (B) Outlays, $18,726,000,000.
       Fiscal year 2010:
       (A) New budget authority, $19,713,000,000.
       (B) Outlays, $19,208,000,000.
       Fiscal year 2011:
       (A) New budget authority, $20,253,000,000.
       (B) Outlays, $19,729,000,000.
       Fiscal year 2012:
       (A) New budget authority, $20,812,000,000.
       (B) Outlays, $20,406,000,000.
       (18) Net Interest (900):
       Fiscal year 2002:
       (A) New budget authority, $245,415,000,000.
       (B) Outlays, $245,415,000,000.
       Fiscal year 2003:
       (A) New budget authority, $259,963,000,000.
       (B) Outlays, $259,963,000,000.
       Fiscal year 2004:
       (A) New budget authority, $288,978,000,000.
       (B) Outlays, $288,978,000,000.
       Fiscal year 2005:
       (A) New budget authority, $306,107,000,000.
       (B) Outlays, $306,107,000,000.
       Fiscal year 2006:
       (A) New budget authority, $318,427,000,000.
       (B) Outlays, $318,427,000,000.
       Fiscal year 2007:
       (A) New budget authority, $330,005,000,000.
       (B) Outlays, $330,005,000,000.
       Fiscal year 2008:
       (A) New budget authority, $341,412,000,000.
       (B) Outlays, $341,412,000,000.
       Fiscal year 2009:
       (A) New budget authority, $352,613,000,000.
       (B) Outlays, $352,613,000,000.
       Fiscal year 2010:
       (A) New budget authority, $363,095,000,000.
       (B) Outlays, $363,095,000,000.
       Fiscal year 2011:
       (A) New budget authority, $376,391,000,000.
       (B) Outlays, $376,391,000,000.
       Fiscal year 2012:
       (A) New budget authority, $390,086,000,000.
       (B) Outlays, $390,086,000,000.
       (19) Allowances (920):
       Fiscal year 2002:
       (A) New budget authority, $0.
       (B) Outlays, $5,000,000.
       Fiscal year 2003:
       (A) New budget authority, $0.
       (B) Outlays, $10,000,000.
       Fiscal year 2004:
       (A) New budget authority, $1,350,000,000.
       (B) Outlays, $8,000,000.
       Fiscal year 2005:
       (A) New budget authority, $1,350,000,000.
       (B) Outlays, $98,000,000.
       Fiscal year 2006:
       (A) New budget authority, $50,000,000.
       (B) Outlays, $205,000,000.
       Fiscal year 2007:
       (A) New budget authority, $50,000,000.
       (B) Outlays, $265,000,000.
       Fiscal year 2008:
       (A) New budget authority, $50,000,000.
       (B) Outlays, $340,000,000.
       Fiscal year 2009:
       (A) New budget authority, $0.
       (B) Outlays, $370,000,000.
       Fiscal year 2010:
       (A) New budget authority, $0.
       (B) Outlays, $370,000,000.
       Fiscal year 2011:
       (A) New budget authority, $0.
       (B) Outlays, $330,000,000.
       Fiscal year 2012:
       (A) New budget authority, $0.
       (B) Outlays, $275,000,000.
       (20) Undistributed Offsetting Receipts (950):
       Fiscal year 2002:
       (A) New budget authority, $-37,530,000,000.
       (B) Outlays, $-37,530,000,000.
       Fiscal year 2003:
       (A) New budget authority, $-44,467,000,000.
       (B) Outlays, $-44,467,000,000.
       Fiscal year 2004:
       (A) New budget authority, $-58,205,000,000.
       (B) Outlays, $-58,205,000,000.
       Fiscal year 2005:
       (A) New budget authority, $-61,364,000,000.
       (B) Outlays, $-61,364,000,000.
       Fiscal year 2006:
       (A) New budget authority, $-54,337,000,000.
       (B) Outlays, $-54,337,000,000.
       Fiscal year 2007:
       (A) New budget authority, $-54,895,000,000.
       (B) Outlays, $-54,895,000,000.
       Fiscal year 2008:
       (A) New budget authority, $-57,056,000,000.
       (B) Outlays, $-57,056,000,000.
       Fiscal year 2009:
       (A) New budget authority, $-58,831,000,000.
       (B) Outlays, $-58,831,000,000.
       Fiscal year 2010:
       (A) New budget authority, $-61,167,000,000.
       (B) Outlays, $-61,167,000,000.
       Fiscal year 2011:
       (A) New budget authority, $-63,493,000,000.
       (B) Outlays, $-63,493,000,000.
       Fiscal year 2012:
       (A) New budget authority, $-65,869,000,000.
       (B) Outlays, $-65,869,000,000.

     TITLE II--BUDGETARY RESTRAINTS, RESERVE FUNDS, AND RULEMAKING

                    Subtitle A--Budgetary Restraints

     SEC. 201. CONGRESSIONAL DISCRETIONARY SPENDING LIMITS FOR 
                   2003 THROUGH 2007.

       (a) Definition.--In this section, for purposes of 
     enforcement in the House of Representatives and the Senate, 
     the term ``discretionary spending limit'' means--
       (1) for fiscal year 2003--
       (A) for the nondefense category, $375,262,000,000 in new 
     budget authority and $372,224,000,000 in outlays;
       (B) for the defense category, $392,757,000,000 in new 
     budget authority and $380,228,000,000 in outlays;
       (C) for the highway category, $28,922,000,000 in outlays;
       (D) for the mass transit category, $6,030,000,000 in 
     outlays; and
       (E) for the conservation category, $1,922,000,000 in new 
     budget authority and $1,872,000,000 in outlays;
       (2) for fiscal year 2004--
       (A) for the nondefense category, $387,110,000,000 in new 
     budget authority and $425,296,000,000 in outlays; and

[[Page S5084]]

       (B) for the defense category $394,916,000,000 in new budget 
     authority and $390,236,000,000 in outlays;
       (3) for fiscal year 2005--
       (A) for the nondefense category, $394,989,000,000 in new 
     budget authority and $432,168,000,000 in outlays; and
       (B) for the defense category $415,556,000,000 in new budget 
     authority and $406,855,000,000 in outlays;
       (4) for fiscal year 2006--
       (A) for the nondefense category, $402,873,000,000 in new 
     budget authority and $439,161,000,000 in outlays; and
       (B) for the defense category $436,202,000,000 in new budget 
     authority and $420,599,000,000 in outlays; and
       (5) for fiscal year 2007--
       (A) for the nondefense category, $413,763,000,000 in new 
     budget authority and $449,430,000,000 in outlays; and
       (B) for the defense category $457,708,000,000 in new budget 
     authority and $433,847,000,000 in outlays.
       (b) Point of Order.--
       (1) In general.--It shall not be in order in the House of 
     Representatives and the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report that 
     exceeds any discretionary spending limit set forth in this 
     section.
       (2) Exception.--This subsection shall not apply if a 
     declaration of war by Congress is in effect.
       (c) Waiver and Appeal.--This section 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.

     SEC. 202. EMERGENCY DESIGNATION POINT OF ORDER IN THE SENATE.

       (a) Designations.--
       (1) Guidance.--In making a designation of a provision of 
     legislation as an emergency requirement under section 
     251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, the committee report and any 
     statement of managers accompanying that legislation shall 
     analyze whether a proposed emergency requirement meets all 
     the criteria in paragraph (2).
       (2) Criteria.--
       (A) In general.--The criteria to be considered in 
     determining whether a proposed expenditure or tax change is 
     an emergency requirement are--
       (i) necessary, essential, or vital (not merely useful or 
     beneficial);
       (ii) sudden, quickly coming into being, and not building up 
     over time;
       (iii) an urgent, pressing, and compelling need requiring 
     immediate action;
       (iv) subject to subparagraph (B), unforeseen, 
     unpredictable, and unanticipated; and
       (v) not permanent, temporary in nature.
       (B) Unforeseen.--An emergency that is part of an aggregate 
     level of anticipated emergencies, particularly when normally 
     estimated in advance, is not unforeseen.
       (3) Justification for failure to meet criteria.--If the 
     proposed emergency requirement does not meet all the criteria 
     set forth in paragraph (2), the committee report or the 
     statement of managers, as the case may be, shall provide a 
     written justification of why the requirement should be 
     accorded emergency status.
       (b) Point of Order.--When the Senate is considering a bill, 
     resolution, amendment, motion, or conference report, a point 
     of order may be made by a Senator against an emergency 
     designation in that measure and if the Presiding Officer 
     sustains that point of order, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       (c) Waiver and Appeal.--This section 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.
       (d) Definition of an Emergency Requirement.--A provision 
     shall be considered an emergency designation if it designates 
     any item an emergency requirement pursuant to section 
     251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (e) Form of the Point of Order.--A point of order under 
     this section may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (f) Conference Reports.--If a point of order is sustained 
     under this section against a conference report, the report 
     shall be disposed of as provided in section 313(d) of the 
     Congressional Budget Act of 1974.

     SEC. 203. RESTRICTIONS ON ADVANCE APPROPRIATIONS IN THE 
                   SENATE.

       (a) In General.--Except as provided in subsection (b), it 
     shall not be in order in the Senate to consider any reported 
     bill or joint resolution, or amendment thereto or conference 
     report thereon, that would provide an advance appropriation.
       (b) Exception.--An advance appropriation may be provided--
       (1) for fiscal year 2004 for programs, projects, 
     activities, or accounts identified in the joint explanatory 
     statement of managers accompanying this resolution under the 
     heading ``Accounts Identified for Advance Appropriations'' in 
     an aggregate amount not to exceed $23,159,000,000 in new 
     budget authority; and
       (2) for the Corporation for Public Broadcasting.
       (c) Application of Point of Order in the Senate.--
       (1) Waiver and appeal.--In the Senate, 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 subsection (a).
       (2) Form of the point of order.--A point of order under 
     subsection (a) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (3) Conference reports.--If a point of order is sustained 
     under subsection (a) against a conference report in the 
     Senate, the report shall be disposed of as provided in 
     section 313(d) of the Congressional Budget Act of 1974.
       (d) Definition.--In this section, the term ``advance 
     appropriation'' means any discretionary new budget authority 
     in a bill or joint resolution making general appropriations 
     or continuing appropriations for fiscal year 2002 that first 
     becomes available for any fiscal year after 2002.
       (e) Sense of Congress.--It is the sense of Congress that 
     the Budget Enforcement Act of 1990 should be amended to 
     address procedures for advance appropriations for fiscal 
     years beginning with fiscal year 2004.
       (f) Prohibition on Diverting Crime Victims Fund.--
       (1) Purpose.--The purpose of this section is to ensure that 
     amounts deposited in the Crime Victims Fund are distributed 
     in a timely manner to assist victims of crime as intended by 
     current law and are not diverted to offset increased spending 
     when such offset devices produce no permanent budgetary or 
     economic effects.
       (2) Budgetary rule.--In the Senate, for purposes of points 
     of order under this resolution and the Congressional Budget 
     Act of 1974, provisions contained in any bill, resolution, 
     amendment, motion, or conference report that perpetuate or 
     resemble section 619 of Public Law 107-77 shall not be scored 
     with respect to the level of budget authority, outlays, or 
     revenues contained in such legislation.

     SEC. 204. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.

       (a) Purpose.--The Senate declares that it is essential to 
     continue the pay-as-you-go enforcement system.
       (b) Point of Order.--
       (1) In general.--It shall not be in order in the Senate to 
     consider any direct spending or revenue legislation that 
     would increase the on-budget deficit or cause an on-budget 
     deficit for any one of the three applicable time periods as 
     measured in paragraphs (5) and (6).
       (2) Applicable time periods.--For purposes of this 
     subsection the term ``applicable time period'' means any one 
     of the three following periods:
       (A) The first year covered by the most recently adopted 
     concurrent resolution on the budget.
       (B) The period of the first five fiscal years covered by 
     the most recently adopted concurrent resolution on the 
     budget.
       (C) The period of the five fiscal years following the first 
     five fiscal years covered in the most recently adopted 
     concurrent resolution on the budget.
       (3) Direct-spending legislation.--For purposes of this 
     subsection and except as provided in paragraph (4), the term 
     ``direct-spending legislation'' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by and 
     interpreted for purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (4) Exclusion.--For purposes of this subsection, the terms 
     ``direct-spending legislation'' and ``revenue legislation'' 
     do not include--
       (A) any concurrent resolution on the budget; or
       (B) any provision of legislation that affects the full 
     funding of, and continuation of, the deposit insurance 
     guarantee commitment in effect on the date of enactment of 
     the Budget Enforcement Act of 1990.
       (5) Baseline.--Estimates prepared pursuant to this section 
     shall--
       (A) use the baseline used for the most recently adopted 
     concurrent resolution on the budget; and
       (B) be calculated under the requirements of subsections (b) 
     through (d) of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for fiscal years beyond 
     those covered by that concurrent resolution on the budget.
       (6) Prior surplus.--If direct spending or revenue 
     legislation increases the on-budget deficit or causes an on-
     budget deficit when taken individually, then it must also 
     increase the on-budget deficit or cause an on-budget deficit 
     when taken together with all direct spending and revenue 
     legislation enacted since the beginning of the calendar year 
     not accounted for in the baseline under paragraph (5)(A).
       (c) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (d) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1

[[Page S5085]]

     hour, to be equally divided between, and controlled by, the 
     appellant and the manager of the bill or joint resolution, as 
     the case may be. An affirmative vote of three-fifths of the 
     Members of the Senate, duly chosen and sworn, shall be 
     required in the Senate to sustain an appeal of the ruling of 
     the Chair on a point of order raised under this section.
       (e) Determination of Budget Levels.--For purposes of this 
     section, the levels of new budget authority, outlays, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the 
     Senate.
       (f) Sunset.--Subsections (a) through (e) of this section 
     shall expire September 30, 2007.

     SEC. 205. EXTENSION OF SUPERMAJORITY DISCIPLINE IN THE 
                   SENATE.

       Notwithstanding any provision of the Congressional Budget 
     Act of 1974, sections 904(c)(2) and 904(d)(3) of the 
     Congressional Budget Act of 1974 shall remain in effect as 
     rules of the Senate through September 30, 2007.

                       Subtitle B--Reserve Funds

     SEC. 211. RESERVE FUND FOR MEDICARE.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or an amendment is offered thereto, or a 
     conference report thereon is submitted, which reforms the 
     Medicare Program under title XVIII of the Social Security Act 
     (42 U.S.C. 1395 et seq.) and improves the access of 
     beneficiaries under that program to prescription drugs, and 
     that repeals the 15 percent reduction in payments under the 
     Medicare Program to home health agencies enacted by the 
     Balanced Budget Act of 1997 and now scheduled to go into 
     effect on October 1, 2002, the chairman of the Committee on 
     the Budget, in consultation with the ranking member, may 
     revise committee allocations for that committee and other 
     appropriate budgetary aggregates and allocations of new 
     budget authority (and the outlays resulting therefrom) in 
     this resolution by the amount provided by that measure for 
     that purpose, but not to exceed $0 for fiscal year 2003, and 
     $349,682,000,000 for the period of fiscal years 2003 through 
     2012, of which $16,182,000,000 shall be made available only 
     with respect to the repeal of the 15 percent reduction to 
     home health agencies.

     SEC. 212. RESERVE FUND FOR HEALTH INSURANCE FOR THE 
                   UNINSURED.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or an amendment thereto is offered, or a 
     conference report thereon is submitted, that provides health 
     insurance for the uninsured (including a measure providing 
     for tax deductions for the purchase of health insurance for, 
     among others, moderate income individuals not receiving 
     health insurance from their employers), the chairman of the 
     Committee on the Budget, in consultation with the ranking 
     member, may revise committee allocations for that committee 
     and other appropriate budgetary aggregates and allocations of 
     new budget authority (and the outlays resulting therefrom) 
     and may revise the revenue aggregates and other appropriate 
     budgetary aggregates and allocations in this resolution by 
     the amount provided by that measure for that purpose, but not 
     to exceed $116,989,000,000 in new budget authority and 
     outlays for the period of fiscal years 2003 through 2012 or 
     $116,989,000,000 in revenues for the period of fiscal years 
     2003 through 2012 or any combination of budget authority and 
     outlays or revenues as long as the sum of all revisions does 
     not exceed $116,989,000,000.

     SEC. 213. RESERVE FUND FOR FAMILY OPPORTUNITY ACT.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or if an amendment thereto is offered or a 
     conference report thereon is submitted, that provides States 
     with the opportunity to expand Medicaid coverage for children 
     with special needs, allowing families of disabled children 
     with the opportunity to purchase coverage under the Medicaid 
     Program for such children (commonly referred to as the 
     ``Family Opportunity Act of 2002''), the chairman of the 
     Committee on the Budget, in consultation with the ranking 
     member, may revise committee allocations for that committee 
     and other appropriate budgetary aggregates and allocations of 
     new budget authority (and the outlays resulting therefrom) in 
     this resolution by the amount provided by that measure for 
     that purpose, but not to exceed $142,000,000 in new budget 
     authority and $95,000,000 in outlays for fiscal year 2003, 
     and $8,390,000,000 in new budget authority and $7,940,000,000 
     in outlays for the period of fiscal years 2003 through 2012.

     SEC. 214. RESERVE FUND FOR IDEA.

       (a) Reserve Fund for 2003.--In the Senate, if the Committee 
     on Appropriations reports a bill or joint resolution, or if 
     an amendment thereto is offered or a conference report 
     thereon is submitted, that provides in excess of 
     $8,529,000,000 in new budget authority for fiscal year 2003 
     for grants to States authorized under part B of the 
     Individuals with Disabilities Education Act (IDEA), the 
     chairman of the Committee on the Budget, in consultation with 
     the ranking member, may revise the appropriate allocations 
     for such committee and other appropriate levels in this 
     resolution by the amount provided by that measure for that 
     purpose, but not to exceed $9,482,000,000 in new budget 
     authority for fiscal year 2003 and outlays flowing therefrom.
       (b) Additional Resources Available for Reform.--
       (1) Findings.--The Senate finds that--
       (A) the Individuals with Disabilities Education Act (IDEA), 
     which since 1975 has guaranteed the Nation's disabled school 
     children the right to a free and appropriate public 
     education, is under consideration for reauthorization and 
     reform by the 107th Congress;
       (B) special education enrollment (as a share of total 
     enrollment) continues to grow, and the cost of educating the 
     average disabled student is nearly twice that of the average 
     non-disabled student, according to the Department of 
     Education; and
       (C) the President has established a Commission on 
     Excellence in Special Education to identify areas of needed 
     reform and improvement in IDEA, to be reported to the 
     President no later than July 1, 2002.
       (2) Sense of the senate.--It is the sense of the Senate 
     that this budget resolution provides substantial additional 
     funding for IDEA programs in 2003, and that future budget 
     resolutions will provide additional resources in a manner 
     consistent with the Commission's report and reforms and 
     reauthorization of IDEA enacted into law.

     SEC. 215. RESERVE FUND FOR HIGHWAYS AND HIGHWAY SAFETY.

       (a) In General.--In the Senate, if the Committee on 
     Appropriations reports a bill or joint resolution, or if an 
     amendment thereto is offered or a conference report thereon 
     is submitted, that establishes an obligation limitation in 
     excess of $23,285,000,000 for fiscal year 2003 for programs, 
     projects, and activities within the highway category (under 
     section 251(c)(7)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985), the chairman of the Committee 
     on the Budget, in consultation with the ranking member, may 
     increase the allocation of outlays and other appropriate 
     budgetary aggregates, including the discretionary spending 
     limits set out in this resolution for such committee by the 
     amount of outlays resulting from such excess, but--
       (1) only if the chairman of the Committee on the Budget 
     determines, in consultation with the ranking member, that the 
     bill or joint resolution, or amendment thereto or conference 
     report thereon, that establishes such obligation limitation 
     provides that such increase to the obligation limitation is 
     made available solely for programs, projects, or activities 
     as distributed under section 1102 of the Transportation 
     Equity Act for the 21st Century; and
       (2) not to exceed $1,180,000,000 in outlays for fiscal year 
     2003.
       (b) Rule of Enforcement.--In the Senate, section 302(f)(2) 
     of the Congressional Budget Act of 1974 shall be deemed to 
     apply to the applicable allocation of outlays in the case of 
     any bill or joint resolution that establishes an obligation 
     limitation for fiscal year 2003 for programs within the 
     highway category, or amendment thereto or conference report 
     thereon.

     SEC. 216. AMTRAK RESERVE.

       (a) In General.--In the Senate, if the Committee on 
     Commerce, Science, and Transportation reports a bill or joint 
     resolution which restructures and reforms the national 
     passenger rail system and such measure is enacted and if the 
     Committee on Appropriations reports a bill or joint 
     resolution, or amendment is offered thereto, or a conference 
     report thereon is submitted that provides in excess of 
     $531,000,000 in new budget authority for fiscal year 2003 for 
     a national passenger rail system, then the Chairman of the 
     Committee on the Budget, with the concurrence of the ranking 
     member, may revise the section 302(a) allocation to the 
     Committee on Appropriations and other appropriate budgetary 
     aggregates, including the discretionary spending limits set 
     out in this resolution, but such revisions shall not exceed 
     $987,000,000 in new budget authority and $171,000,000 in 
     outlays for fiscal year 2003.

                  Subtitle C--Miscellaneous Provisions

     SEC. 221. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS 
                   AND AGGREGATES.

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

     SEC. 222. EXERCISE OF RULEMAKING POWERS.

       Congress adopts the provisions of this title--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be

[[Page S5086]]

     considered as part of the rules of each House, or of that 
     House to which they specifically apply, and such rules shall 
     supersede other rules only to the extent that they are 
     inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change those rules (so far as they relate to 
     that House) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of that House.

                     TITLE III--SENSE OF THE SENATE

     SEC. 301. SENSE OF THE SENATE REGARDING ESTIMATES OF THE COST 
                   OF SMALL BUSINESS CREDIT PROGRAMS.

       (a) Findings.--The Senate finds the following:
       (1) Small businesses play a critical role in our Nation and 
     our economy, and the Federal Government assists that role by 
     providing small businesses with loans and loan guarantees.
       (2) Since the enactment of the Federal Credit Reform Act of 
     1990, the Small Business Administration and Office of 
     Management and Budget have repeatedly reestimated downward 
     the subsidy cost for the Small Business Administration's 7(a) 
     and 504 credit programs. For the 7(a) program alone, SBA and 
     OMB have reestimated more than $1,000,000,000 in subsidy 
     costs.
       (3) These overestimates have resulted in borrowers and 
     lenders in both programs having to pay higher than necessary 
     fees to participate in the programs.
       (4) In addition, these overestimates have diverted more 
     than $1,000,000,000 in resources from other discretionary 
     programs.
       (5) In its 2003 budget, the Administration expects to 
     further revise downward in fiscal year 2002 the estimated 
     cost of small business loan programs.
       (6) The Administration has begun working on substantially 
     revising its model for the section 7(a) program, but was 
     unable to complete its work in time for the 2003 budget.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the performance of the SBA and OMB in administering the 
     Federal Credit Reform Act for small business credit programs 
     has been unsatisfactory;
       (2) the Administration should expeditiously complete its 
     work on the new model for the section 7(a) program and share 
     the results of that work with the Budget and Small Business 
     Committees by no later than this August;
       (3) the Administration should immediately begin work on 
     similarly improving its subsidy model for the section 504 
     program; and
       (4) the Administration should work with Congress to ensure 
     that adequate funding is provided in fiscal year 2003 for 
     small business credit programs.

     SEC. 302. SENSE OF THE SENATE REGARDING FEDERAL EMPLOYEE PAY.

       (a) Findings.--The Senate finds the following:
       (1) Members of the uniformed services and civilian 
     employees of the United States make significant contributions 
     to the general welfare of the Nation.
       (2) Increases in the pay of members of the uniformed 
     services and of civilian employees of the United States have 
     not kept pace with increases in the overall pay levels of 
     workers in the private sector, so that there now exists--
       (A) a 32 percent gap between compensation levels of Federal 
     civilian employees and compensation levels of private sector 
     workers; and
       (B) an estimated 10 percent gap between compensation levels 
     of members of the uniformed services and compensation levels 
     of private sector workers.
       (3) The President's budget proposal for fiscal year 2003 
     includes a 4.1 percent pay raise for military personnel.
       (4) The Office of Management and Budget has requested that 
     Federal agencies plan their fiscal year 2003 budgets with a 
     2.6 percent pay raise for civilian Federal employees.
       (5) In almost every year during the past 2 decades, there 
     have been equal adjustments in the compensation of members of 
     the uniformed services and the compensation of civilian 
     employees of the United States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that there should continue to be parity between the 
     adjustments in the compensation of members of the uniformed 
     services and the adjustments in the compensation of civilian 
     employees of the United States.

     SEC. 303. SENSE OF THE SENATE ON MENTAL HEALTH PARITY.

       It is the sense of the Senate that in providing for mental 
     health parity--
       (1) nothing in this budget resolution shall be construed to 
     alter or amend title II of the Social Security Act (or any 
     regulation promulgated under that Act);
       (2) the Secretary of the Treasury will annually estimate 
     the impact of enactment of such a policy on the income and 
     balances of the trust funds established under section 201 of 
     the Social Security Act (42 U.S.C. 401); and
       (3) that if the Secretary of the Treasury estimates that 
     the enactment of mental health parity has a negative impact 
     on the income and balances of the trust funds established 
     under section 201 of the Social Security Act (42 U.S.C. 401), 
     the Secretary shall transfer, not less frequently than 
     quarterly, from the general revenues of the Federal 
     Government an amount sufficient so as to ensure that the 
     income and balances of such trust funds are not reduced as a 
     result of this policy.

     SEC. 304. SENSE OF THE SENATE ON MEDICAID COMMISSION.

       It is the sense of the Senate that Congress should 
     establish a National Commission on Medicaid and State-Based 
     Health Care Reform to study and make recommendations to 
     Congress, the President, and the Secretary of Health and 
     Human Services with respect to the program under title XIX of 
     the Social Security Act.

     SEC. 305. SENSE OF THE SENATE REGARDING PILT FUNDING.

       (a) Findings.--The Senate finds that--
       (1) if certain Federal lands are not to become part of the 
     local tax base, then compensation should be offered to local 
     governments to make up for the presence of non-taxable land 
     within their jurisdictions;
       (2) PILT funds are critical to the budget of local 
     governments, which supply many valuable local social 
     services, such as law enforcement, road maintenance and 
     firefighting, as well as services for adjacent Federal lands 
     such as search and rescue operations;
       (3) the Administration has proposed funding PILT at 
     $165,000,000 for fiscal year 2003, which is 22 percent less 
     than the current funding level--of $325,000,000; and
       (4) many counties with high percentages of Federal land 
     ownership that rely on PILT payments have higher than average 
     unemployment and poverty.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that within the discretionary allocation provided to the 
     Committee on Appropriations that the Payment in Lieu of Taxes 
     program should be fully funded.
                                  ____

  SA 3685. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.  . The provisions of S. Con. Res. 100 (107th Congress) 
     as reported by the Committee on the Budget and placed on the 
     calendar is adopted by the Senate and the House of 
     Representatives as the concurrent resolution on the budget 
     for fiscal year 2003 in accordance with section 301 of the 
     Congressional Budget Act of 1974.
                                  ____

  SA 3686. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                     TITLE ____--BUDGET ENFORCEMENT

     SEC. ____01. BUDGET DISCIPLINE AND ENFORCEMENT FOR FISCAL 
                   YEAR 2003.

       (a) Statutory Discretionary Spending Limits.--Section 
     251(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 901(c)) is amended by striking 
     paragraph (7) and inserting the following:
       ``(7) with respect to fiscal year 2003--
       ``(A) for the nondefense discretionary category: 
     $363,017,000,000 in new budget authority and $365,541,000,000 
     in outlays;
       ``(B) for the defense discretionary category: 
     $392,754,000,000 in new budget authority and $380,226,000,000 
     in outlays;
       ``(C) for the highway category: $27,742,000,000 in outlays;
       ``(D) for the mass transit category: $1,445,000,000 in new 
     budget authority and $6,030,000,000 in outlays; and
       ``(E) for the conservation spending category: 
     $1,922,000,000 in new budget authority and $1,872,000,000 in 
     outlays;''.
       (b) Repeal of Obsolete Provisions.--
       (1) Congressional budget act of 1974.--Section 314(b) of 
     the Congressional Budget Act of 1974 is amended--
       (A) by striking paragraphs (2) through (5); and
       (B) by redesignating paragraph (6) as paragraph (2).
       (2) Balanced budget and emergency deficit control act of 
     1985.--Section 251(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended
       (A) by striking subparagraphs (C) through (F); and
       (B) by redesignating subparagraph (G) as subparagraph (C).
       (c) Conforming Amendments.--Section 254 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended
       (1) in subsection (c)(2), by striking ``2002'' each time it 
     appears and inserting ``2003''; and
       (2) in subsection (f)(2)(A), by striking ``2002'' each time 
     it appears and inserting ``2003''.

     SEC. ____02. ENFORCEMENT EXTENSIONS.

       (a) Extension of Enforcing Discretionary Spending Limits.--
     Notwithstanding section 275 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, section 251 of that 
     Act shall expire on September 30, 2003.
       (b) Extension of Enforcing Pay-As-You-Go.--
       (1) In general.--Notwithstanding section 275 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     section 252, except as provided in paragraph (2), and 
     sections 254, 255, 256, 257, 258, 258A, and 258C of that Act 
     shall expire on September 30, 2011.

[[Page S5087]]

       (2) Exception for on-budget surpluses.--If prior to 
     September 30, 2007, the Final Monthly Treasury Statement for 
     any of the fiscal years 2002 through 2006 reports an on-
     budget surplus, section 252 shall expire at the end of the 
     following fiscal year and the President, in the next budget, 
     shall submit to Congress a recommendation for pay-as-you-go 
     enforcement procedures that the President believes are 
     appropriate when there is an on-budget surplus.
       (3) Conforming amendment.--Subsections (a) and (b)(1) of 
     section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by striking ``2002'' each 
     place it appears and inserting ``2007''.
       (c) Extension of Supermajority Discipline in the Senate.--
     Section 904(e) of the Congressional Budget Act of 1974 is 
     amended by striking ``2002'' and inserting ``2007''.

     SEC. ____03. SENATE ENFORCEMENT.

       (a) Allocations to the Committee on Appropriations of the 
     Senate.--Upon the enactment of this Act, the Chairman of the 
     Committee on the Budget of the Senate shall file allocations 
     to the committee on Appropriations of the Senate consistent 
     with this Act pursuant to section 302(a) of the Congressional 
     Budget Act of 1974.
       (b) Restrictions on Advance Appropriations in the Senate.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall not be in order in the Senate to consider any reported 
     bill or joint resolution, or amendment thereto or conference 
     report thereon, that would provide an advance appropriation.
       (2) Exception.--An advance appropriation may be provided--
       (A) for fiscal year 2004 for programs, projects, 
     activities, or accounts identified in the joint explanatory 
     statement of managers accompanying this Act under the heading 
     ``Accounts Identified for Advance Appropriations'' in an 
     aggregate amount not to exceed $23,159,000,000 in new budget 
     authority; and
       (B) for the Corporation for Public Broadcasting.
       (3) Application of point of order in the senate.--
       (A) Waiver and appeal.--In the Senate, paragraph (1) 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 paragraph (1).
       (B) Form of the point of order.--A point of order under 
     paragraph (1) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (C) Conference reports.--If a point of order is sustained 
     under paragraph (1) against a conference report in the 
     Senate, the report shall be disposed of as provided in 
     section 313(d) of the Congressional Budget Act of 1974.
       (4) Definition.--In this subsection, the term ``advance 
     appropriation'' means any discretionary new budget authority 
     in a bill or joint resolution making general appropriations 
     or continuing appropriations for fiscal year 2002 that first 
     becomes available for any fiscal year after 2002.
       (5) Prohibition on diverting crime victims fund.--
       (A) Purpose.--The purpose of this paragraph is to ensure 
     that amounts deposited in the Crime Victims Fund are 
     distributed in a timely manner to assist victims of crime as 
     intended by current law and are not diverted to offset 
     increased spending when such offset devices produce permanent 
     budgetary or economic effects.
       (B) Budgetary rule.--For purposes of points of order under 
     the Congressional Budget Act of 1974 with respect to fiscal 
     year 2004 and any subsequent fiscal year, provisions 
     contained in any bill, resolution, amendment, motion, or 
     conference report that perpetuate or resemble section 619 of 
     Public Law 107-77 shall not be scored with respect to the 
     level of budget authority, outlays, or revenues contained in 
     such legislation.
       (c) Pay-As-You-Go Point of Order in the Senate.--
       (1) Purpose.--The Senate declares that it is essential to 
     continue the pay-as-you-go enforcement system.
       (2) Point of order.--
       (A) In general.--It shall not be in order in the Senate to 
     consider any direct spending or revenue legislation that 
     would increase the on-budget deficit or cause an on-budget 
     deficit for any 1 of the 3 applicable time periods as 
     measured in subparagraphs (E) and (F).
       (B) Applicable time periods.--For purposes of this 
     subsection the term ``applicable time period'' means any 1 of 
     the 3 following periods:
       (i) The budget year.
       (ii) The period of the budget year and the following 4 
     fiscal years.
       (iii) The period of the 5 fiscal years following the 5 
     fiscal years described in clause (ii).
       (C) Direct-spending legislation.--For purposes of this 
     subsection and except as provided in subparagraph (D), the 
     term ``direct-spending legislation'' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by and 
     interpreted for purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (D) Exclusion.--The terms ``direct-spending legislation'' 
     and ``revenue legislation'' do not include--
       (i) any concurrent resolution on the budget; or
       (ii) any provision of legislation that affects the full 
     funding of, and continuation of, the deposit insurance 
     guarantee commitment in effect on the date of enactment of 
     the Budget Enforcement Act of 1990.
       (E) Baseline.--Estimates prepared pursuant to this 
     subsection shall--
       (i) use the baseline used for the most recently adopted 
     concurrent resolution on the budget; and
       (ii) be calculated under the requirements of subsections 
     (b) through (d) of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for fiscal years beyond 
     those covered by subparagraph (B).
       (F) Prior surplus.--If direct spending or revenue 
     legislation increases the on-budget deficit or causes an on-
     budget deficit when taken individually, then it must also 
     increase the on-budget deficit or cause an on-budget deficit 
     when taken together with all direct spending and revenue 
     legislation enacted since the beginning of the calendar year 
     not accounted for in the baseline under subparagraph (E)(i), 
     except that direct spending or revenue effects resulting in 
     net deficit reduction enacted pursuant to reconciliation 
     instructions since the beginning of that same calendar year 
     shall not be available.
       (3) Waiver.--This subsection may be waived or suspended in 
     the Senate only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       (4) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this subsection shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required in the Senate to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this subsection.
       (5) Determination of budget levels.--For purposes of this 
     subsection, the levels of new budget authority, outlays, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the 
     Senate.
       (d) Exercise of Rulemaking Powers.--Congress adopts the 
     provisions of this section--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be considered as part of the rules of each house, 
     or of that house to which they specifically apply, and such 
     rules shall supersede other rules only to the extent that 
     they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either house to change those rules (so far as they relate to 
     that house) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of that house.
       (e) Sunset.--Subsections (a) through (d) shall cease to be 
     effective upon the adoption of a concurrent resolution on the 
     budget for fiscal year 2003.
       (f) Additional Enforcement.--Section 205(g) of H. Con. Res. 
     290 (106th Congress) is repealed.

     SEC. ____04. REPEAL OF OBSOLETE PROVISIONS.

       (a) In general.--Section 253 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is repealed.
       (b) Conforming Amendments.--
       (1) Congressional budget and impoundment control act of 
     1974.--Section 312 of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended--
       (A) by repealing subsection (c); and
       (B) by redesignating subsections (d) through (f) as 
     subsections (c) through (e).
       (2) Balanced budget and emergency deficit control act of 
     1985.--The Balanced Budget and Emergency Deficit Control Act 
     of 1985 is amended--
       (A) in section 251(a)(1), by striking ``and section 253'';
       (B) in section 252(b)--
       (i) in paragraph (1), by striking ``or section 253''; and
       (ii) in paragraph (2)(B), by striking ``or section 253''.
                                  ____

  SA 3687. Mr. GREGG (for himself and Ms. Cantwell) proposed an 
amendment to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

                        PART--BUDGET ENFORCEMENT

     SECTION  1. SHORT TITLE.

       This Part may be cited as the ``Budget Enforcement Act of 
     2002''.

     SEC.  2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

       (a) In General.--Section 251(c) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is 
     amended by striking paragraphs (7) through (16) and inserting 
     the following:
       ``(7) with respect to fiscal year 2003--
       ``(A) for the discretionary category: $766,169,000,000 in 
     new budget authority and $758,880,000,000 in outlays;
       ``(B) for the highway category: $27,728,000,000 in outlays;
       ``(C) for the mass transit category: $6,256,000,000 in 
     outlays; and
       ``(D) for the conservation spending category: 
     $1,920,000,000 in new budget authority and $1,872,000,000 in 
     outlays;

[[Page S5088]]

       ``(8)(A) with respect to fiscal year 2004 for the 
     discretionary category: $784,425,000,000 in new budget 
     authority and $814,447,000,000 in outlays; and
       ``(B) with respect to fiscal year 2004 for the conservation 
     spending category: $2,080,000,000, in new budget authority 
     and $2,032,000,000 outlays;
       ``(9)(A) with respect to fiscal year 2005 for the 
     discretionary category: $801,968,000,000 in new budget 
     authority and $833,246,000,000 in outlays; and
       ``(B) with respect to fiscal year 2005 for the conservation 
     spending category: $2,240,000,000, in new budget authority 
     and $2,192,000,000 in outlays;
       ``(10)(A) with respect to fiscal year 2006 for the 
     discretionary category: $819,740,000,000, in new budget 
     authority and $845,056,000,000 in outlays; and
       ``(B) with respect to fiscal year 2006 for the conservation 
     spending category: $2,400,000,000, in new budget authority 
     and $2,352,000,000 in outlays;
       ``(11) with respect to each fiscal year 2002 through 2006 
     for the Federal and State Land and Water Conservation Fund 
     subcategory of the conservation spending category: 
     $540,000,000 in new budget authority and the outlays flowing 
     therefrom;
       ``(12) with respect to each fiscal year 2002 through 2006 
     for the State and Other Conservation subcategory of the 
     conservation spending category: $300,000,000 in new budget 
     authority and the outlays flowing therefrom;
       ``(13) with respect to each fiscal year 2002 through 2006 
     for the Urban and Historic Preservation subcategory of the 
     conservation spending category: $160,000,000 in new budget 
     authority and the outlays flowing therefrom;
       ``(14) with respect to each fiscal year 2002 through 2006 
     for the Payments in Lieu of Taxes subcategory of the 
     conservation spending category: $50,000,000 in new budget 
     authority and the outlays flowing therefrom;
       ``(15) with respect to each fiscal year 2002 through 2006 
     for the Federal Deferred Maintenance subcategory of the 
     conservation spending category: $150,000,000 in new budget 
     authority and the outlays flowing therefrom;
       ``(16) for the Coastal Assistance subcategory of the 
     conservation spending category:
       ``(A) with respect to fiscal year 2002: $440,000,000 in new 
     budget authority and the outlays flowing therefrom;
       ``(B) with respect to fiscal year 2003: $480,000,000 in new 
     budget authority and the outlays flowing therefrom;
       ``(C) with respect to fiscal year 2004: $520,000,000 in new 
     budget authority and the outlays flowing therefrom;
       ``(D) with respect to fiscal year 2005: $560,000,000 in new 
     budget authority and the outlays flowing therefrom;
       ``(E) with respect to fiscal year 2006: $600,000,000 in new 
     budget authority and the outlays flowing therefrom; and
       ``(17) with respect to fiscal year 2007 for the 
     discretionary category: $840,993,000,000, in new budget 
     authority and $858,266,000,000 in outlays.''.
       (b) Reports.--Subsections (c)(2) and (f)(2) of section 254 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (2 U.S.C. 904) are amended by striking ``2002'' and 
     inserting ``2007''.
       (c) Expiration.--
       (1) Gramm-rudman-hollings.--Section 275(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900 note) is amended--
       (A) by striking ``2002'' and inserting ``2007''; and
       (B) by striking ``2006'' and inserting ``2011''.
       (2) Congressional budget act.--Section 904(e) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 621 note) is 
     amended by striking ``2002'' and inserting ``2007''.

     SEC.  3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.

       Section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902) is amended--
       (1) in subsections (a) and (b)(1), by striking ``enacted 
     before October 1, 2002,'' and inserting ``enacted before 
     October 1, 2007''; and
       (2) in subsection (b) by inserting at the end thereof the 
     following:
       ``(3) Exception.--Notwithstanding any other provision of 
     law, there shall be no sequestration under this section for 
     any fiscal year in which a surplus exists (as measured in 
     conformance with section 13301 of the Budget Enforcement Act 
     of 1990).''.

     SEC.  4. POINT OF ORDER TO REQUIRE COMPLIANCE WITH THE 
                   DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-
                   GO.

       Section 312(b) of the Congressional Budget Act of 1974 (2 
     U.S.C. 643(b)) is amended to read as follows:
       ``(b) Discretionary Spending Limit and Pay-as-you-go Point 
     of Order in the Senate.--
       ``(1) In general.--Except as otherwise provided in 
     paragraph (6), it shall not be in order in the Senate to 
     consider any bill or resolution or any separate provision of 
     a bill or resolution (or amendment, motion, or conference 
     report on that bill or resolution) that would--
       ``(A) exceed any of the discretionary spending limits set 
     forth in section 251(c) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 or any suballocation of such 
     limits among subcommittees under section 302(b); or
       ``(B) for direct spending or revenue legislation, would 
     cause or increase a deficit (as measured in conformance with 
     section 13301 of the Budget Enforcement Act of 1990) for any 
     one of the following three applicable time periods:
       ``(i) the first year covered by the most recently adopted 
     concurrent resolution on the budget;
       ``(ii) the period of the first 5 fiscal years covered by 
     the most recently adopted concurrent resolution on the 
     budget; or
       ``(iii) the period of the 5 fiscal years following the 
     first five fiscal years covered in the most recently adopted 
     concurrent resolution on the budget.
       ``(2) Budget resolutions.--Except as otherwise provided in 
     paragraph (6), it shall not be in order in the Senate to 
     consider any concurrent resolution on the budget (or 
     amendment, motion, or conference report on that concurrent 
     resolution) that would exceed any of the discretionary 
     spending limits set forth in section 251(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(3) Point of order against a specific provision.--If the 
     Presiding Officer sustains a point of order under paragraph 
     (1) with respect to any separate provision of a bill or 
     resolution, that provision shall be stricken from the measure 
     and may not be offered as an amendment from the floor.
       ``(4) Form of the point of order.--A point of order under 
     this section may be raised by a Senator as provided in 
     section 313(e).
       ``(5) Conference reports.--If a point of order is sustained 
     under this section against a conference report the report 
     shall be disposed of as provided in section 313(d).
       ``(6) Exceptions.--This subsection shall not apply if a 
     declaration of war by the Congress is in effect or if a joint 
     resolution pursuant to section 258 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 has been enacted.''.

     SEC.  5. ENFORCEMENT AGAINST BUDGET EVASION.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by inserting at the end the following:


                    ``budget evasion point of order

       ``Sec. 316. (a) Discretionary Spending Limits.--It shall 
     not be in order to consider any bill or resolution (or 
     amendment, motion, or conference report on that bill or 
     resolution) that waives or suspends the enforcement of 
     section 251 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 or otherwise would alter the spending 
     limits set forth in that section.
       ``(b) Pay-as-You-Go.--It shall not be in order to consider 
     any bill or resolution (or amendment, motion, or conference 
     report on that bill or resolution) that waives or suspends 
     the enforcement of section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 or otherwise would 
     alter the balances of the pay-as-you-go scorecard pursuant to 
     that section.
       ``(c) Directed Scoring.--It shall not be in order in the 
     Senate to consider any bill or resolution (or amendment, 
     motion, or conference report on that bill or resolution) that 
     directs the scorekeeping of any bill or resolution.
       ``(d) Waiver and Appeal.--This section 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.''.
       (b) Table of Contents.--The table of contents for the 
     Congressional Budget Act of 1974 is amended by inserting 
     after the item for section 315 the following:

``316. Budget evasion point of order.''.
                                  ____

  SA 3688. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                     TITLE ____--BUDGET ENFORCEMENT

     SEC. ____01. BUDGET DISCIPLINE AND ENFORCEMENT FOR FISCAL 
                   YEAR 2003.

       (a) Statutory Discretionary Spending Limits.--Section 
     251(c) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 901(c)) is amended by striking 
     paragraph (7) and inserting the following:
       ``(7) with respect to fiscal year 2003--
       ``(A) for the nondefense discretionary category: 
     $371,965,000,000 in new budget authority and $372,224,000,000 
     in outlays;
       ``(B) for the defense discretionary category: 
     $392,757,000,000 in new budget authority and $380,228,000,000 
     in outlays;
       ``(C) for the highway category: $28,922,000,000 in outlays;
       ``(D) for the mass transit category: $1,445,000,000 in new 
     budget authority and $6,030,000,000 in outlays; and
       ``(E) for the conservation spending category: 
     $1,922,000,000 in new budget authority and $1,872,000,000 in 
     outlays;''.
       (b) Repeal of Obsolete Provisions.--
       (1) Congressional budget act of 1974.--Section 314(b) of 
     the Congressional Budget Act of 1974 is amended--
       (A) by striking paragraphs (2) through (5); and
       (B) by redesignating paragraph (6) as paragraph (2).
       (2) Balanced budget and emergency deficit control act of 
     1985.--Section 251(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended
       (A) by striking subparagraphs (C) through (F); and

[[Page S5089]]

       (B) by redesignating subparagraph (G) as subparagraph (C).
       (c) Conforming Amendments.--Section 254 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended
       (1) in subsection (c)(2), by striking ``2002'' each time it 
     appears and inserting ``2003''; and
       (2) in subsection (f)(2)(A), by striking ``2002'' each time 
     it appears and inserting ``2003''.

     SEC. ____02. ENFORCEMENT EXTENSIONS.

       (a) Extension of Enforcing Discretionary Spending Limits.--
     Notwithstanding section 275 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, section 251 of that 
     Act shall expire on September 30, 2003.
       (b) Extension of Enforcing Pay-As-You-Go.--
       (1) In general.--Notwithstanding section 275 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     section 252, except as provided in paragraph (2), and 
     sections 254, 255, 256, 257, 258, 258A, and 258C of that Act 
     shall expire on September 30, 2011.
       (2) Exception for on-budget surpluses.--If prior to 
     September 30, 2007, the Final Monthly Treasury Statement for 
     any of the fiscal years 2002 through 2006 reports an on-
     budget surplus, section 252 shall expire at the end of the 
     following fiscal year and the President, in the next budget, 
     shall submit to Congress a recommendation for pay-as-you-go 
     enforcement procedures that the President believes are 
     appropriate when there is an on-budget surplus.
       (3) Conforming amendment.--Subsections (a) and (b)(1) of 
     section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by striking ``2002'' each 
     place it appears and inserting ``2007''.
       (c) Extension of Supermajority Discipline in the Senate.--
     Section 904(e) of the Congressional Budget Act of 1974 is 
     amended by striking ``2002'' and inserting ``2007''.

     SEC. ____03. SENATE ENFORCEMENT.

       (a) Allocations to the Committee on Appropriations of the 
     Senate.--Upon the enactment of this Act, the Chairman of the 
     Committee on the Budget of the Senate shall file allocations 
     to the committee on Appropriations of the Senate consistent 
     with this Act pursuant to section 302(a) of the Congressional 
     Budget Act of 1974.
       (b) Restrictions on Advance Appropriations in the Senate.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall not be in order in the Senate to consider any reported 
     bill or joint resolution, or amendment thereto or conference 
     report thereon, that would provide an advance appropriation.
       (2) Exception.--An advance appropriation may be provided--
       (A) for fiscal year 2004 for programs, projects, 
     activities, or accounts identified in the joint explanatory 
     statement of managers accompanying this Act under the heading 
     ``Accounts Identified for Advance Appropriations'' in an 
     aggregate amount not to exceed $23,159,000,000 in new budget 
     authority; and
       (B) for the Corporation for Public Broadcasting.
       (3) Application of point of order in the senate.--
       (A) Waiver and appeal.--In the Senate, paragraph (1) 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 paragraph (1).
       (B) Form of the point of order.--A point of order under 
     paragraph (1) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       (C) Conference reports.--If a point of order is sustained 
     under paragraph (1) against a conference report in the 
     Senate, the report shall be disposed of as provided in 
     section 313(d) of the Congressional Budget Act of 1974.
       (4) Definition.--In this subsection, the term ``advance 
     appropriation'' means any discretionary new budget authority 
     in a bill or joint resolution making general appropriations 
     or continuing appropriations for fiscal year 2002 that first 
     becomes available for any fiscal year after 2002.
       (5) Prohibition on diverting crime victims fund.--
       (A) Purpose.--The purpose of this paragraph is to ensure 
     that amounts deposited in the Crime Victims Fund are 
     distributed in a timely manner to assist victims of crime as 
     intended by current law and are not diverted to offset 
     increased spending when such offset devices produce permanent 
     budgetary or economic effects.
       (B) Budgetary rule.--For purposes of points of order under 
     the Congressional Budget Act of 1974 with respect to fiscal 
     year 2004 and any subsequent fiscal year, provisions 
     contained in any bill, resolution, amendment, motion, or 
     conference report that perpetuate or resemble section 619 of 
     Public Law 107-77 shall not be scored with respect to the 
     level of budget authority, outlays, or revenues contained in 
     such legislation.
       (c) Pay-As-You-Go Point of Order in the Senate.--
       (1) Purpose.--The Senate declares that it is essential to 
     continue the pay-as-you-go enforcement system.
       (2) Point of order.--
       (A) In general.--It shall not be in order in the Senate to 
     consider any direct spending or revenue legislation that 
     would increase the on-budget deficit or cause an on-budget 
     deficit for any 1 of the 3 applicable time periods as 
     measured in subparagraphs (E) and (F).
       (B) Applicable time periods.--For purposes of this 
     subsection the term ``applicable time period'' means any 1 of 
     the 3 following periods:
       (i) The budget year.
       (ii) The period of the budget year and the following 4 
     fiscal years.
       (iii) The period of the 5 fiscal years following the 5 
     fiscal years described in clause (ii).
       (C) Direct-spending legislation.--For purposes of this 
     subsection and except as provided in subparagraph (D), the 
     term ``direct-spending legislation'' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by and 
     interpreted for purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       (D) Exclusion.--The terms ``direct-spending legislation'' 
     and ``revenue legislation'' do not include--
       (i) any concurrent resolution on the budget; or
       (ii) any provision of legislation that affects the full 
     funding of, and continuation of, the deposit insurance 
     guarantee commitment in effect on the date of enactment of 
     the Budget Enforcement Act of 1990.
       (E) Baseline.--Estimates prepared pursuant to this 
     subsection shall--
       (i) use the baseline used for the most recently adopted 
     concurrent resolution on the budget; and
       (ii) be calculated under the requirements of subsections 
     (b) through (d) of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for fiscal years beyond 
     those covered by subparagraph (B).
       (F) Prior surplus.--If direct spending or revenue 
     legislation increases the on-budget deficit or causes an on-
     budget deficit when taken individually, then it must also 
     increase the on-budget deficit or cause an on-budget deficit 
     when taken together with all direct spending and revenue 
     legislation enacted since the beginning of the calendar year 
     not accounted for in the baseline under subparagraph (E)(i), 
     except that direct spending or revenue effects resulting in 
     net deficit reduction enacted pursuant to reconciliation 
     instructions since the beginning of that same calendar year 
     shall not be available.
       (3) Waiver.--This subsection may be waived or suspended in 
     the Senate only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       (4) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this subsection shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required in the Senate to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this subsection.
       (5) Determination of budget levels.--For purposes of this 
     subsection, the levels of new budget authority, outlays, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the 
     Senate.
       (d) Exercise of Rulemaking Powers.--Congress adopts the 
     provisions of this section--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be considered as part of the rules of each house, 
     or of that house to which they specifically apply, and such 
     rules shall supersede other rules only to the extent that 
     they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either house to change those rules (so far as they relate to 
     that house) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of that house.
       (e) Sunset.--Subsections (a) through (d) shall cease to be 
     effective upon the adoption of a concurrent resolution on the 
     budget for fiscal year 2003.
       (f) Additional Enforcement.--Section 205(g) of H. Con. Res. 
     290 (106th Congress) is repealed.

     SEC. ____04. REPEAL OF OBSOLETE PROVISIONS.

       (a) In general.--Section 253 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is repealed.
       (b) Conforming Amendments.--
       (1) Congressional budget and impoundment control act of 
     1974.--Section 312 of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended--
       (A) by repealing subsection (c); and
       (B) by redesignating subsections (d) through (f) as 
     subsections (c) through (e).
       (2) Balanced budget and emergency deficit control act of 
     1985.--The Balanced Budget and Emergency Deficit Control Act 
     of 1985 is amended--
       (A) in section 251(a)(1), by striking ``and section 253'';
       (B) in section 252(b)--
       (i) in paragraph (1), by striking ``or section 253''; and
       (ii) in paragraph (2)(B), by striking ``or section 253''.
                                  ____

  SA 3689. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal

[[Page S5090]]

year ending September 30, 2002, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 55, between lines 3 and 4, insert the following:

     SEC. 5  . WESTERN AREA POWER ADMINISTRATION.

       Title III of the Energy and Water Development 
     Appropriations Act, 2002, is amended in the matter under the 
     heading ``Construction, Rehabilitation, Operation and 
     Maintenance, Western Area Power Administration'' (115 Stat. 
     507) by striking ``Fund:'' and inserting ``Fund, and of which 
     $400,000 shall be for transmission studies to carry out the 
     functions under section 302(a)(1)(E) of the Department of 
     Energy Organization Act (42 U.S.C. 7152(a)(1)(E)) and shall 
     be non-reimbursable:''.
                                  ____

  SA 3690. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 93, after line 24, add the following:

     SEC. 905. CONSENT TO AMENDMENTS TO CERTAIN SESSION LAWS OF 
                   THE STATE OF HAWAII.

       As required by section 4 of Public law 86-3 (73 Stat. 4), 
     the United States consents to the following amendments to the 
     Act adopted by the State of Hawaii in the manner required for 
     State legislation:
       (1) Act of 110 of the Session Laws of Hawaii, 2001;
       (2) Act 122 of the Session Laws of Hawaii, 2001;
       (3) Act 302 of the Session Laws of Hawaii, 2001.
                                  ____

  SA 3691. Mr. BYRD (for himself, Mr. Stevens, and Mrs. Murray) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 97, line 19, strike ``$200,000,000 are rescinded.'' 
     and insert ``$320,000,000 are rescinded.

                          Federal-Aid Highways


                        emergency relief program

                          (highway trust fund)

       For an additional amount for the ``emergency relief 
     program'', as authorized by 23 U.S.C. 125, $120,000,000, to 
     be derived from the Highway Trust Fund and to remain 
     available until expended.''
                                  ____

  SA 3692. Mr. BYRD (for himself, Mr. Stevens, and Mrs. Murray) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 97, line 19, strike ``$200,000,000 are rescinded.'' 
     and insert ``$220,000,000 are rescinded.

                          Federal-Aid Highways


                        emergency relief program

                          (highway trust fund)

       For an additional amount for the ``emergency relief 
     program'', as authorized by 23 U.S.C. 125, $20,000,000, to be 
     derived from the Highway Trust Fund and to remain available 
     until expended.''
                                  ____

  SA 3693. Mr. BYRD (for himself, Mr. Stevens, and Mrs. Murray) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all beginning after the second comma on page 96, 
     line 24, through the comma on page 97 line 2, and insert the 
     following: ``$287,000,000 to be derived from the Highway 
     Trust Fund and to remain available until expended: Provided, 
     That ``$167,000,000 of the amount provided shall be for 
     emergency expenses to respond to the September 11, 2001, 
     terrorist attacks on New York City, for the State of New 
     York: Provided further,''.
                                  ____

  SA 3694. Mr. BYRD (for himself, Mr. Stevens, and Mrs. Murray) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all beginning after the second comma on page 96, 
     line 24, through the comma on page 97 line 2, and insert the 
     following: ``$187,000,000 to be derived from the Highway 
     Trust Fund and to remain available until expended: Provided, 
     That ``$167,000,000 of the amount provided shall be for 
     emergency expenses to respond to the September 11, 2001, 
     terrorist attacks on New York City, for the State of New 
     York: Provided further,''.
                                  ____

  SA 3695. Mr. BURNS (for himself, Mr. Baucus, and Mr. Enzi) submitted 
an amendment intended to be proposed by him to the bill H.R. 4775, 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of chapter 1 of title I, add the following:

     SEC. 103. INCOME LOSS ASSISTANCE.

       (a) In General.--The Secretary of Agriculture shall use 
     $1,800,000,000 of funds of the Commodity Credit Corporation 
     to make emergency financial assistance available to producers 
     on a farm that have incurred qualifying income losses in 
     calendar year 2001.
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 815 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), including 
     using the same loss thresholds for the quantity and economic 
     losses as were used in administering that section.
       (c) Use of Funds for Cash Payments.--The Secretary may use 
     funds made available under this section to make, in a manner 
     consistent with this section, cash payments not for crop 
     disasters, but for income loss to carry out the purposes of 
     this section.

     SEC. 104. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Agriculture shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).
                                  ____

  SA 3696. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 63, line 15, strike ``or subsequent Acts''.
                                  ____

  SA 3697. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 60, line 4, strike ``and equipment'' and insert in 
     lieu thereof ``, equipment and related assistance''.
                                  ____

  SA 3698. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 63, line 19, strike ``may'' and everything that 
     follows through ``Initiative'' on line 20, and insert in lieu 
     thereof ``shall be made available for nay of the programs and 
     activities identified in clause (i) to improve the lives of 
     the Colombian people''.
                                  ____

  SA 3699. Mr. JEFFORDS (for himself and Mr. Smith of New Hampshire) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 97, strike lines 13 through 19.
                                  ____

  SA 3700. Mr. SMITH of Oregon submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 37, between lines 2 and 3, insert the following:
       Sec. 307. None of the funds appropriated by this or any 
     other Act may be used to convert the 939th Combat Search and 
     Rescue Wing of the Air Force Reserve, based in Portland, 
     Oregon, to an Air Refueling Wing or to transfer any of the 
     aircraft from the 939th Combat Search and Rescue Wing out of 
     such Wing.
                                  ____

  SA 3701. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for

[[Page S5091]]

other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in the bill, add the following:
       Sec.  .--Notwithstanding any other provision of law, the 
     Secretary of the Army may carry out fencing and access 
     control projects in support of installation-wide control 
     measures not otherwise authorized by law using appropriations 
     made available in Public Law 107-117 under the heading 
     ``Operation and Maintenance, Army''.
                                  ____

  SA 3702. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the text of S. 
     1713 as ordered favorably reported by the Committee on 
     Governmental Affairs of the United States Senate on May 22, 
     2002.
                                  ____

  SA 3703. Mr. McCAIN (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 73, strike lines 1 through 11.
                                  ____

  SA 3704. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 2, strike lines 24 through 26.
                                  ____

  SA 3705. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 52, strike lines 4 through 9.
                                  ____

  SA 3706. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of chapter 5 of title I, add the following:
       Sec. 505. The President shall select the location of the 
     National Center for Combatting Terrorism to be constructed 
     using amounts appropriated by this chapter.
                                  ____

  SA 3707. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of chapter 5 of title I, add the following:
       Sec. 505. Notwithstanding any other provision of this 
     chapter, the amount appropriated by this chapter for 
     construction of the National Center for Combatting Terrorism, 
     or any portion of such amount, may be obligated and expended 
     instead, at the election of the President, for purposes as 
     follows:
       (1) Critical force protection.
       (2) Homeland defense.
                                  ____

  SA 3708. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of chapter 5 of title I, add the following:
       Sec. 505. (a) Availability of National Center for 
     Combatting Terrorism Funds for Force Protection and Homeland 
     Defense.--Nothwithstanding any other provision of this 
     chapter, the amount appropriated by this chapter for 
     construction of the National Center for Combatting Terrorism, 
     or any portion of such amount, may be obligated and expended 
     instead, at the election of the President, for purposes as 
     follows:
       (1) Critical force protection.
       (2) Homeland defense.
       (b) Location for National Center for Combatting 
     Terrorism.--If the President elects to construct the National 
     Center for Combatting Terrorism using amounts appropriated by 
     this chapter, the President shall select the location of the 
     National Center for Combatting Terrorism.
                                  ____

  SA 3709. Mr. INHOFE (for himself and Mr. Nickles) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 4, line 5, strike ``$100,000,000'' and insert 
     ``$80,000,000''.
       On page 97, between lines 12 and 13, insert the following:
       For an additional amount for emergency relief under section 
     125 of title 23, United States Code, $23,000,000, of which 
     $12,000,000 shall be used for reconstruction of the portion 
     of Interstate Route 40 spanning the Arkansas River in the 
     State of Oklahoma that was destroyed as a result of a barge 
     collision that occurred on May 26, 2002.
                                  ____

  SA 3710. Mr. BROWNBACK (for himself, Mr. Gramm, Mr. Helms, Mr. 
Fitzgerald, and Mr. Inhofe) submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

  TITLE ____--COMMISSION ON THE ACCOUNTABILITY AND REVIEW OF FEDERAL 
                                AGENCIES

     SEC. ____01. SHORT TITLE.

       This title may be cited as the ``Commission on the 
     Accountability and Review of Federal Agencies Act''.

     SEC. ____02. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the Commission on 
     the Accountability and Review of Federal Agencies (hereafter 
     in this title referred to as the ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall consist of 12 
     members, all of whom shall be appointed by the President 
     within 90 days after the date of enactment of this Act.
       (2) Chairperson and vice chairperson.--The President shall 
     designate a chairperson and vice chairperson from among the 
     members of the Commission.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (e) Meetings.--The Commission shall meet at the call of the 
     chairperson.
       (f) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. ____03. DUTIES OF THE COMMISSION.

       (a) Definition.--
       (1) In general.--Except as provided in paragraph (2), the 
     term ``agency'', as used in this section, has the meaning 
     given the term ``executive agency'' under section 105 of 
     title 5, United States Code.
       (2) Exception.--The term ``agency'' does not include the 
     Department of Defense or its subdivisions.
       (b) In General.--The Commission shall--
       (1) evaluate all agencies and programs within those 
     agencies, using the criteria under subsection (c); and
       (2) submit to Congress--
       (A) a plan with recommendations of the agencies and 
     programs that should be realigned or eliminated; and
       (B) proposed legislation to implement the plan under 
     subparagraph (A).
       (c) Criteria.--
       (1) Duplicative.--If 2 or more agencies or programs are 
     performing the same essential function and the function can 
     be consolidated or streamlined into a single agency or 
     program, the Commission shall recommend that the agency or 
     program be realigned.
       (2) Wasteful or inefficient.--The Commission shall 
     recommend the realignment or elimination of any agency or 
     program that has wasted Federal funds by--
       (A) egregious spending;
       (B) mismanagement of resources and personnel; or
       (C) use of such funds for personal benefit or the benefit 
     of a special interest group.
       (3) Outdated, irrelevant, or failed.--The Commission shall 
     recommend the elimination of any agency or program that--
       (A) has completed its intended purpose;
       (B) has become irrelevant; or
       (C) has failed to meet its objectives.
       (d) Report.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress a report that includes--
       (A) the plan described under subsection (b)(1) with 
     supporting documentation for all recommendations; and
       (B) the proposed legislation described under subsection 
     (b)(2).
       (2) Use of savings.--The proposed legislation under 
     paragraph (1)(B) shall provide that all funds saved by the 
     implementation of the plan under paragraph (1)(A) shall be 
     used to support other domestic programs.
       (3) Relocation of federal employees.--The proposed 
     legislation under paragraph (1)(B) shall provide that if the 
     position of an employee of an agency is eliminated as a 
     result of the implementation of the plan under paragraph 
     (1)(A), the affected agency shall make reasonable efforts to 
     relocate such employee to another position within the agency 
     or within another Federal agency.

[[Page S5092]]

     SEC. ____04. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission or, at its direction, any 
     subcommittee or member of the Commission, may, for the 
     purpose of carrying out this title--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as any member of the Commission 
     considers advisable;
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses as any member of the Commission 
     considers advisable; and
       (3) require, by subpoena or otherwise, the production of 
     such books, records, correspondence, memoranda, papers, 
     documents, tapes, and other evidentiary materials relating to 
     any matter under investigation by the Commission.
       (b) Issuance and Enforcement of Subpoenas.--
       (1) Issuance.--Subpoenas issued under subsection (a) shall 
     bear the signature of the chairperson of the Commission and 
     shall be served by any person or class of persons designated 
     by the chairperson for that purpose.
       (2) Enforcement.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, may 
     issue an order requiring such person to appear at any 
     designated place to testify or to produce documentary or 
     other evidence. Any failure to obey the order of the court 
     may be punished by the court as a contempt of that court.
       (c) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this title. Upon request of the chairperson of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (d) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. ____05. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal members.--Except as provided under 
     subsection (b), each member of the Commission who is not an 
     officer or employee of the Federal Government shall not be 
     compensated.
       (2) Federal officers or employees.--All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (2) Compensation.--Upon the approval of the chairperson, 
     the executive director may fix the compensation of the 
     executive director and other personnel without regard to 
     chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates, except that the rate of pay 
     for the executive director and other personnel may not exceed 
     the maximum rate payable for a position at GS-15 of the 
     General Schedule under section 5332 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. ____06. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 90 days after the date on 
     which the Commission submits the report under section 
     ____03(d).

     SEC. ____07. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

       (a) Definitions.--In this section--
       (1) the term ``implementation bill'' means only a bill 
     which is introduced as provided under subsection (b), and 
     contains the proposed legislation included in the report 
     submitted to Congress under section ____03, without 
     modification; and
       (2) the term ``calendar day'' means a calendar day other 
     than 1 on which either House is not in session because of an 
     adjournment of more than 3 days to a date certain.
       (b) Introduction; Referral; and Report or Discharge.--
       (1) Introduction.--On the first calendar day on which both 
     Houses are in session, on or immediately following the date 
     on which the report is submitted to Congress under section 
     ____03, a single implementation bill shall be introduced (by 
     request)--
       (A) in the Senate by the Majority Leader of the Senate, for 
     himself and the Minority Leader of the Senate, or by Members 
     of the Senate designated by the Majority Leader and Minority 
     Leader of the Senate; and
       (B) in the House of Representatives by the Speaker of the 
     House of Representatives, for himself and the Minority Leader 
     of the House of Representatives, or by Members of the House 
     of Representatives designated by the Speaker and Minority 
     Leader of the House of Representatives.
       (2) Referral.--The implementation bills introduced under 
     paragraph (1) shall be referred to any appropriate committee 
     of jurisdiction in the Senate and any appropriate committee 
     of jurisdiction in the House of Representatives. A committee 
     to which an implementation bill is referred under this 
     paragraph may report such bill to the respective House 
     without amendment.
       (3) Report or discharge.--If a committee to which an 
     implementation bill is referred has not reported such bill by 
     the end of the 15th calendar day after the date of the 
     introduction of such bill, such committee shall be 
     immediately discharged from further consideration of such 
     bill, and upon being reported or discharged from the 
     committee, such bill shall be placed on the appropriate 
     calendar.
       (c) Floor Consideration.--
       (1) In general.--When the committee to which an 
     implementation bill is referred has reported, or has been 
     discharged under subsection (b)(3), it is at any time 
     thereafter in order (even though a previous motion to the 
     same effect has been disagreed to) for any Member of the 
     respective House to move to proceed to the consideration of 
     the implementation bill, and all points of order against the 
     implementation bill (and against consideration of the 
     implementation bill) are waived. The motion is highly 
     privileged in the House of Representatives and is privileged 
     in the Senate and is not debatable. The motion is not subject 
     to amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the implementation bill is agreed to, 
     the implementation bill shall remain the unfinished business 
     of the respective House until disposed of.
       (2) Amendments.--An implementation bill may not be amended 
     in the Senate or the House of Representatives.
       (3) Debate.--Debate on the implementation bill, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between those favoring and those opposing the 
     resolution. A motion further to limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the implementation bill is not in order. 
     A motion to reconsider the vote by which the implementation 
     bill is agreed to or disagreed to is not in order.
       (4) Vote on final passage.--Immediately following the 
     conclusion of the debate on an implementation bill, and a 
     single quorum call at the conclusion of the debate if 
     requested in accordance with the rules of the appropriate 
     House, the vote on final passage of the implementation bill 
     shall occur.
       (5) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate or the House of Representatives, as the 
     case may be, to the procedure relating to an implementation 
     bill shall be decided without debate.
       (d) Coordination With Action by Other House.--If, before 
     the passage by 1 House of an implementation bill of that 
     House, that House receives from the other House an 
     implementation bill, then the following procedures shall 
     apply:
       (1) Nonreferral.--The implementation bill of the other 
     House shall not be referred to a committee.
       (2) Vote on bill of other house.--With respect to an 
     implementation bill of the House receiving the implementation 
     bill--
       (A) the procedure in that House shall be the same as if no 
     implementation bill had been received from the other House; 
     but
       (B) the vote on final passage shall be on the 
     implementation bill of the other House.
       (e) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of an implementation bill described 
     in subsection (a), and it supersedes other rules only to the

[[Page S5093]]

     extent that it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. ____08. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2002 through 2005 for 
     carrying out this title.
                                  ____

  SA 3711. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike all from page 98, line 19 through page 99, line 2 
     and insert the following:
       ``For an additional amount for the National Railroad 
     Passenger Corporation for emergency expenses to ensure the 
     safety of rail passenger operations, $12,000,000 shall be 
     used for emergency security needs.''
                                  ____

  SA 3712. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 2, strike all from line 24 through line 26.
                                  ____

  SA 3713. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 2, strike all from line 16 through line 23.
                                  ____

  SA 3714. Mr. GRAMM submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 71, strike all from the comma at the end of line 8 
     through the word ``Center'' on line 12.
                                  ____

  SA 3715. Mr. LEAHY (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 63, line 12, strike ``ownership share of'' and 
     insert in lieu thereof ``financial interest in''.
                                  ____

  SA 3716. Mr. LEAHY (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 69, after line 23, add the following:
       Sec. 605. Not later than 45 days after the date of the 
     enactment of this Act, the President shall transmit to the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate a report setting forth a strategy for 
     meeting the immediate and long-term security needs of 
     Afghanistan in order to promote safe and effective delivery 
     of humanitarian and other assistance throughout Afghanistan, 
     further the rule of law and civil order, and support the 
     formation of a functioning, representative Afghan national 
     government.
                                  ____

  SA 3717. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 55, strike lines 10 through 19, and insert the 
     following:

       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President shall make at least a $100,000,000 
     contribution to the Global Fund to Fight AIDS, Tuberculosis, 
     and Malaria: Provided further, That funds appropriated by 
     this paragraph, other than those made available as a 
     contribution to the Global Fund, may be made available for a 
     project or activity only if such funds are matched at least 
     equally, including on an in-kind basis, from sources other 
     than the United States Government: Provided further, That 
     funds appropriated by this paragraph may be made available 
     notwithstanding any other provision of law, including section 
     10 of Public Law 91-672: Provided further, That not more than 
     seven percent of the amount of the funds appropriated by this 
     paragraph, in addition to funds otherwise available for such 
     purpose, may be made available for the administrative costs 
     of United States Government agencies in carrying out programs 
     funded under this paragraph: Provided further, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3718. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place insert the following:
       Sec.   . (a) For the purpose of section 101(a)(1) of the 
     Air Transportation Safety and System Stabilization Act of 
     2001 (P.L. 107-42), the term ``air carrier'' as defined in 
     that Act and in title 49 USC 40102 shall include 
     manufacturers of small jet turbofan aircraft that will--
       (1) have 8 passenger seats or fewer,
       (2) will be certified by the Federal Aviation 
     Administration under 14 C.F.R. Part 23,
       (3) utilize avionics compatible with the latest Federal 
     Aviation Administration air traffic control technology 
     initiatives, and
       (4) be designed to provide service to rural, small and 
     medium-sized underserved communities.
       (b) For purposes of this section, and subject to such terms 
     and conditions as the Secretary deems necessary, the 
     Secretary of the Treasury shall, within amounts available to 
     carry out the Air Transportation Safety and System 
     Stabilization Act of 2001, issue credit instruments to the 
     manufactures of small jet turbofan aircraft as defined in 
     subsection (a) that do not in the aggregate, exceed 
     $50,000,000 and provide the subsidy amounts necessary for 
     such instruments in accordance with the provisions of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)
                                  ____

  SA 3719. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.  . LOAN GUARANTEE.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to such terms and conditions as the Secretary 
     deems necessary, there are hereby appropriated such sums as 
     may be necessary, the Secretary shall issue credit 
     instruments to manufacturers of small jet turbofan aircraft 
     that do not in the aggregate, exceed $50,000,000 and provide 
     the subsidy amounts necessary for such instruments in 
     accordance with the provisions of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661 et seq.).
       (b) The Secretary shall enter into agreements with 1 or 
     more obligors to issue Federal credit instruments under 
     subsection (a) if the Secretary determines, at his 
     discretion, that--
       (1) the obligor is a manufacturer of small jet turbofan 
     aircraft for which credit is not reasonably available at the 
     time of the transactions; and
       (2) the intended obligation by the obligor is prudently 
     incurred.
       (c) Terms and Limitations.--
       (1) Forms; terms and conditions.--A Federal credit 
     instrument shall be issued under subsection (a) in such form 
     and on such terms and conditions and contain such covenants, 
     representations, warranties, and requirements (including 
     requirements for audits) as the Secretary determines 
     appropriate.
       (2) Procedures.--Not later than 14 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations setting forth 
     procedures for application and minimum requirements, which 
     may be supplied by the Secretary at his discretion, for the 
     issuance of Federal credit instruments under subsection (a).
       (d) Financial Protection of Government.--
       (1) In general.--To the extent feasible and practicable, as 
     provided in paragraphs (2) and

[[Page S5094]]

     (3), the Secretary shall ensure that the Government is 
     compensated for the risk assumed in making guarantees under 
     this Act.
       (2) Government participation in gains.--To the extent to 
     which any participating corporation accepts financial 
     assistance, in the form of accepting the proceeds of any 
     loans guaranteed by the Government under this Act, the Board 
     is authorized to enter into contracts under which the 
     Government, contingent on the financial success of the 
     participating corporation, would participate in the gains of 
     the participating corporation or its security holders through 
     the use of such instruments as warrants, stock options, 
     common or preferred stock, or other appropriate equity 
     instruments.
       (3) Deposit in treasury.--All amounts collected by the 
     Secretary of the Treasury under this subsection shall be 
     deposited in the Treasury as miscellaneous receipts.
       (e) Definitions.--In this Act, the term ``small jet 
     turbofan aircraft manufacturer'' means a person that 
     manufactures small jet turbofan aircraft that will--
       (1) have 8 passenger seats or fewer,
       (2) will be certified by the Federal Aviation 
     Administration under 14 C.F.R. Part 23,
       (3) utilize avionics compatible with the latest Federal 
     Aviation Administration air traffic control technology 
     initiatives, and
       (4) be designed to provide service to rural, small and 
     medium sized underserved communities.
       (f) Provided, That the entire amount shall be available 
     only to the extent an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
                                  ____

  SA 3720. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until March 31, 2003: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3721. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, insert the following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until March 31, 2003: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3722. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, insert the following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3723. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the

[[Page S5095]]

     amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3724. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 55, strike lines 10 through 19, and insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until March 31, 2003: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3725. Mr. FRIST (for Mr. Helms (for himself, Mr. Frist, Mr. Kerry, 
Mr. Warner, Mr. DeWine, Mr. Smith of Oregon, and Mr. Biden)) submitted 
an amendment intended to be proposed by Mr. Frist to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 55, strike lines 10 through 19, and insert the 
     following:
       For an additional amount for the ``Child Survival and 
     Health Programs Fund'', $500,000,000, to remain available 
     until expended: Provided, That such funds shall be made 
     available only for programs for the prevention, treatment, 
     and control of, and research on, HIV/AIDS: Provided further, 
     That special emphasis shall be given to assistance directed 
     at the prevention of transmission of HIV/AIDS from mother to 
     child, including medications to prevent such transmission: 
     Provided further, That of the funds appropriated by this 
     paragraph, the President, in consultation with the Secretary 
     of State, may make such contribution as the President 
     considers appropriate to the Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria to be used for any of the purposes 
     of the Global Fund: Provided further, That funds appropriated 
     by this paragraph, other than those made available as a 
     contribution to the Global Fund, shall not exceed the total 
     resources provided, including on an in-kind basis, from other 
     donors: Provided further, That not more than seven percent of 
     the amount of the funds appropriated by this paragraph, in 
     addition to funds otherwise available for such purpose, may 
     be made available for the administrative costs of United 
     States Government agencies in carrying out programs funded 
     under this paragraph: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request that 
     includes designation of the entire amount as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     is transmitted by the President to Congress.
                                  ____

  SA 3726. Mr. DeWINE (for himself and Mr. Cleland) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. DEDUCTION OF CERTAIN EXPENSES OF MEMBERS OF THE 
                   RESERVE COMPONENT.

       (a) Deduction Allowed.--Section 162 of the Internal Revenue 
     Code of 1986 (relating to certain trade or business expenses) 
     is amended by redesignating subsection (p) as subsection (q) 
     and inserting after subsection (o) the following new 
     subsection:
       ``(p) Treatment of Expenses of Members of Reserve Component 
     of Armed Forces of the United States.--For purposes of 
     subsection (a), in the case of an individual who performs 
     services as a member of a reserve component of the Armed 
     Forces of the United States at any time during the taxable 
     year, such individual shall be deemed to be away from home in 
     the pursuit of a trade or business during any period for 
     which such individual is away from home in connection with 
     such service.''.
       (b) Deduction Allowed Whether or Not Taxpayer Elects To 
     Itemize.--Section 62(a)(2) of the Internal Revenue Code of 
     1986 (relating to certain trade and business deductions of 
     employees) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Certain expenses of members of reserve components of 
     the armed forces of the united states.--The deductions 
     allowed by section 162 which consist of expenses paid or 
     incurred by the taxpayer in connection with the performance 
     of services by such taxpayer as a member of a reserve 
     component of the Armed Forces of the United States.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2002.

     SEC. ____. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT 
                   PERSONNEL.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business-related credits) is amended by adding at the end the 
     following new section:

     ``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.

       ``(a) General Rule.--For purposes of section 38, the 
     reserve component employment credit determined under this 
     section is an amount equal to the sum of--
       ``(1) the employment credit with respect to all qualified 
     employees of the taxpayer, plus
       ``(2) the self-employment credit of a qualified self-
     employed taxpayer.
       ``(b) Employment Credit.--For purposes of this section--
       ``(1) In general.--The employment credit with respect to a 
     qualified employee of the taxpayer for any taxable year is 
     equal to 50 percent of the amount of qualified compensation 
     that would have been paid to the employee with respect to all 
     periods during which the employee participates in qualified 
     reserve component duty to the exclusion of normal employment 
     duties, including time spent in a travel status had the 
     employee not been participating in qualified reserve 
     component duty. The employment credit, with respect to all 
     qualified employees, is equal to the sum of the employment 
     credits for each qualified employee under this subsection.
       ``(2) Qualified compensation.--When used with respect to 
     the compensation paid or that would have been paid to a 
     qualified employee for any period during which the employee 
     participates in qualified reserve component duty, the term 
     `qualified compensation' means compensation--
       ``(A) which is normally contingent on the employee's 
     presence for work and which would be deductible from the 
     taxpayer's gross income under section 162(a)(1) if the 
     employee were present and receiving such compensation, and
       ``(B) which is not characterized by the taxpayer as 
     vacation or holiday pay, or as sick leave or pay, or as any 
     other form of pay for a nonspecific leave of absence, and 
     with respect to which the number of days the employee 
     participates in qualified reserve component duty does not 
     result in any reduction in the amount of vacation time, 
     sick leave, or other nonspecific leave previously credited 
     to or earned by the employee.
       ``(3) Qualified employee.--The term `qualified employee' 
     means a person who--
       ``(A) has been an employee of the taxpayer for the 21-day 
     period immediately preceding the period during which the 
     employee participates in qualified reserve component duty, 
     and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States as defined 
     in sections 10142 and 10101 of title 10, United States Code.
       ``(c) Self-Employment Credit.--
       ``(1) In general.--The self-employment credit of a 
     qualified self-employed taxpayer

[[Page S5096]]

     for any taxable year is equal to 50 percent of the excess, if 
     any, of--
       ``(A) the self-employed taxpayer's average daily self-
     employment income for the taxable year over
       ``(B) the average daily military pay and allowances 
     received by the taxpayer during the taxable year, while 
     participating in qualified reserve component duty to the 
     exclusion of the taxpayer's normal self-employment duties for 
     the number of days the taxpayer participates in qualified 
     reserve component duty during the taxable year, including 
     time spent in a travel status.
       ``(2) Average daily self-employment income and average 
     daily military pay and allowances.--As used with respect to a 
     self-employed taxpayer--
       ``(A) the term `average daily self-employment income' means 
     the self-employment income (as defined in section 1402) of 
     the taxpayer for the taxable year divided by the difference 
     between--
       ``(i) 365, and
       ``(ii) the number of days the taxpayer participates in 
     qualified reserve component duty during the taxable year, 
     including time spent in a travel status, and
       ``(B) the term `average daily military pay and allowances' 
     means--
       ``(i) the amount paid to the taxpayer during the taxable 
     year as military pay and allowances on account of the 
     taxpayer's participation in qualified reserve component duty, 
     divided by
       ``(ii) the total number of days the taxpayer participates 
     in qualified reserve component duty, including time spent in 
     travel status.
       ``(3) Qualified self-employed taxpayer.--The term 
     `qualified self-employed taxpayer' means a taxpayer who--
       ``(A) has net earnings from self-employment (as defined in 
     section 1402) for the taxable year, and
       ``(B) is a member of the Ready Reserve of a reserve 
     component of an Armed Force of the United States.
       ``(d) Credit in Addition to Deduction.--The employment 
     credit provided in this section is in addition to any 
     deduction otherwise allowable with respect to compensation 
     actually paid to a qualified employee during any period the 
     employee participates in qualified reserve component duty to 
     the exclusion of normal employment duties.
       ``(e) Limitations.--
       ``(1) Maximum credit.--
       ``(A) In general.--The credit allowed by subsection (a) for 
     the taxable year--
       ``(i) shall not exceed $7,500 in the aggregate, and
       ``(ii) shall not exceed $2,000 with respect to each 
     qualified employee.
       ``(B) Controlled groups.--For purposes of applying the 
     limitations in subparagraph (A)--
       ``(i) all members of a controlled group shall be treated as 
     one taxpayer, and
       ``(ii) such limitations shall be allocated among the 
     members of such group in such manner as the Secretary may 
     prescribe.
     For purposes of this subparagraph, all persons treated as a 
     single employer under subsection (a) or (b) of section 52 or 
     subsection (m) or (o) of section 414 shall be treated as 
     members of a controlled group.
       ``(2) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(A) any taxable year in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(B) the two succeeding taxable years.
       ``(3) Disallowance with respect to persons ordered to 
     active duty for training.--No credit shall be allowed under 
     subsection (a) to a taxpayer with respect to any period for 
     which the person on whose behalf the credit would otherwise 
     be allowable is called or ordered to active duty for any of 
     the following types of duty:
       ``(A) active duty for training under any provision of title 
     10, United States Code,
       ``(B) training at encampments, maneuvers, outdoor target 
     practice, or other exercises under chapter 5 of title 32, 
     United States Code, or
       ``(C) full-time National Guard duty, as defined in section 
     101(d)(5) of title 10, United States Code.
       ``(f) General Definitions and Special Rules.--
       ``(1) Military pay and allowances.--The term `military pay' 
     means pay as that term is defined in section 101(21) of title 
     37, United States Code, and the term `allowances' means the 
     allowances payable to a member of the Armed Forces of the 
     United States under chapter 7 of that title.
       ``(2) Qualified reserve component duty.--The term 
     `qualified reserve component duty' includes only active duty 
     performed, as designated in the reservist's military orders, 
     in support of a contingency operation as defined in section 
     101(a)(13) of title 10, United States Code.
       ``(3) Normal employment and self-employment duties.--A 
     person shall be deemed to be participating in qualified 
     reserve component duty to the exclusion of normal employment 
     or self-employment duties if the person does not engage in or 
     undertake any substantial activity related to the person's 
     normal employment or self-employment duties while 
     participating in qualified reserve component duty unless in 
     an authorized leave status or other authorized absence from 
     military duties. If a person engages in or undertakes any 
     substantial activity related to the person's normal 
     employment or self-employment duties at any time while 
     participating in a period of qualified reserve component 
     duty, unless during a period of authorized leave or other 
     authorized absence from military duties, the person shall be 
     deemed to have engaged in or undertaken such activity for the 
     entire period of qualified reserve component duty.
       ``(4) Certain rules to apply.--Rules similar to the rules 
     of subsections (c), (d), and (e) of section 52 shall apply 
     for purposes of this section.''.
       (b) Conforming Amendment.--Section 38(b) of the Internal 
     Revenue Code of 1986 (relating to general business credit) is 
     amended--
       (1) by striking ``plus'' at the end of paragraph (14),
       (2) by striking the period at the end of paragraph (15) and 
     inserting ``, plus'', and
       (3) by adding at the end the following new paragraph:
       ``(16) the reserve component employment credit determined 
     under section 45G(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 45F the following new item:

``Sec. 45G. Reserve component employment credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.
                                  ____

  SA 3727. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       In chapter 9 of title I, insert after the text relating to 
     the Library of Congress the following:

                    OFFICE OF TECHNOLOGY ASSESSMENT

       For necessary expenses of the Office of Technology 
     Assessment, as authorized by section 12(a) of Public Law 92-
     484 (2 U.S.C. 481(a)), $1,000,000, to be available for 
     assessments of the technology requirements and priorities of 
     the committees of Congress with respect to the war on 
     terrorism and homeland security, with such assessments to be 
     carried out in consultation with the committees of Congress 
     and under the guidance of the Technology Assessment Board: 
     Provided, That the amount appropriated by this paragraph 
     shall remain available until expended: Provided further, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 3728. Mr. KENNEDY (for himself, Ms. Collins, and Ms. Landrieu) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EDUCATION FIRST.

       (a) Statement of Purpose; Findings.--
       (1) Statement of purpose.--It is the purpose of this 
     section to dedicate a portion of unexpected, additional 
     Federal resources to--
       (A) assist disadvantaged children, teachers, and schools in 
     meeting the additional academic challenges posed in the No 
     Child Left Behind Act of 2001 (Public Law 107-110);
       (B) provide for full funding of Federal financial 
     commitment to children with disabilities and local 
     communities as identified in the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.);
       (C) ensure that every student with the talent, desire, and 
     drive to pursue postsecondary training at a school of their 
     choice is not inhibited by family financial need; and
       (D) grow to 10 percent over time, the share of the Federal 
     discretionary budget dedicated toward education.
       (2) Findings.--Congress finds the following:
       (A) In fiscal year 2003, funding for the No Child Left 
     Behind Act of 2001 (Public Law 107-110) is authorized at 
     $31,100,000,000. In fiscal year 2002, the No Child Left 
     Behind Act of 2001 (Public Law 107-110) was funded at 
     $22,200,000,000. The Budget of the United States Government 
     for Fiscal Year 2003, as submitted to Congress, proposes to 
     fund the No Child Left Behind Act of 2001 (Public Law 107-
     110) at $22,100,000,000.
       (B) In 1975, the Federal Government promised to contribute 
     to local communities 40 percent of the additional costs 
     necessary to ensure that each child with a disability 
     receives the free and appropriate public education to which 
     they are entitled. The Budget of the United States Government 
     for Fiscal Year 2003, as submitted to Congress, proposes that 
     the Federal Government contribute only 17 percent of the 
     additional costs associated with educating each child with a 
     disability.
       (C) The size of the maximum Federal Pell Grant is 
     authorized to be $5,800, but because

[[Page S5097]]

     of insufficient funding, in fiscal year 2002, the maximum 
     Federal Pell Grant was only $4,000.
       (D) In fiscal year 1946, the share of the Federal budget 
     dedicated to education was 10.4 percent. In fiscal year 2002, 
     the share of the Federal budget dedicated to education was 
     2.5 percent. On March 23, 1994, the United States Senate 
     unanimously resolved to increase to 10 percent by 2004 the 
     share of the Federal budget dedicated to education.
       (b) Adjustment.--If the report provided pursuant to section 
     202(e) of the Congressional Budget Act of 1974 (2 U.S.C. 
     602(e)) (the budget and economic outlook: update (for fiscal 
     years 2003 through 2012)), estimates on-budget Federal 
     revenues for fiscal year 2002 through 2012 that exceed 
     estimated on-budget Federal revenues set forth in the 
     Congressional Budget Office's March 2002 budget and economic 
     outlook for fiscal year 2003 (adjusted for the enactment of 
     the Job Creation and Worker Assistance Act of 2002 (Public 
     Law 107-147) and the Farm Security and Rural Investment Act 
     of 2002 (Public Law 107-171)), then the Chairman of the 
     Committee on the Budget of the House of Representatives and 
     the Chairman of the Committee on the Budget of the Senate 
     shall--
       (1) in an amount equal to the increase in estimated on-
     budget Federal revenues for fiscal year 2003 that is not more 
     than $5,000,000,000, increase the amount of discretionary 
     budget authority and outlays flowing therefrom allocated 
     under section 302(a) of the Congressional Budget Act of 1974 
     (2 U.S.C. 633(a)) to carry out Function 500 education 
     programs;
       (2) in an amount equal to 20 percent of the increase in 
     estimated on-budget Federal revenues for fiscal year 2003 
     that is remaining after subtracting the amount described in 
     paragraph (1), increase the amount of discretionary budget 
     authority and outlays flowing therefrom allocated under 
     section 302(a) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(a)) to carry out Function 500 education programs; 
     and
       (3) in an amount equal to 80 percent of the increase in 
     estimated on-budget Federal revenue for fiscal year 2003 that 
     is remaining after subtracting the amount described in 
     paragraph (1), reduce the deficit and level of publicly held 
     debt in order to better secure the integrity of the Federal 
     Old-Age and Survivors Insurance Trust Fund under section 201 
     of the Social Security Act (42 U.S.C. 401), unless there is a 
     national emergency related to the war on terrorism.
       (c) Limitation.--Amounts made available under subsection 
     (a) shall--
       (1) not exceed \1/2\ of 1 percent of on-budget Federal 
     revenues for fiscal year 2003; and
       (2) supplement, and not supplant, amounts allocated under 
     section 302(b) of the Congressional Budget Act of 1974 (2 
     U.S.C. 633(b)) and any other amounts used to carry out the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.), the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.), and the Higher Education Act of 
     1965 (20 U.S.C. 1001 et seq.) for the previous fiscal year 
     for which amounts are provided under this section.
       (d) Conforming Changes.--The Chairman of the Committee on 
     the Budget of the House of Representatives and the Chairman 
     of the Committee on the Budget of the Senate shall make all 
     necessary conforming changes to the functions and aggregates 
     included in any applicable resolution as a result of 
     adjustments under this section.
       (e) Non-Reduction.--If the report described in subsection 
     (b) estimates on-budget Federal revenues for fiscal year 2002 
     through 2012 that are less than estimated on-budget Federal 
     revenues set forth in the Congressional Budget Office's March 
     2002 budget and economic outlook for fiscal year 2003 
     (adjusted for the enactment of the Job Creation and Worker 
     Assistance Act of 2002 (Public Law 107-147) and the Farm 
     Security and Rural Investment Act of 2002 (Public Law 107-
     171)), then the amount of discretionary budget authority and 
     outlays flowing therefrom allocated under section 302(a) of 
     the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) that 
     was dedicated in accordance with section 302(b) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(b)) to carry 
     out Function 500 education programs shall not be reduced.
       (f) Sense of the Senate.--In each fiscal year after fiscal 
     year 2003, if the report provided pursuant to section 202(e) 
     of the Congressional Budget Act of 1974 (2 U.S.C. 602(e)) 
     (the budget and economic outlook: update) estimates on-budget 
     Federal revenues for that fiscal year that exceed estimated 
     on-budget Federal revenues set forth in the Congressional 
     Budget Office's spring budget and economic outlook for that 
     fiscal year, it is the sense of the Senate that Congress 
     should, in an amount equal to the amount and percentages 
     described in subsection (b)--
       (1) increase the amount of discretionary budget authority 
     and outlays flowing therefrom allocated under section 302(a) 
     of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) to 
     carry out Function 500 education programs; and
       (2) reduce the level of publicly held debt in order to 
     better secure the integrity of the Federal Old-Age and 
     Survivors Insurance Trust Fund under section 201 of the 
     Social Security Act (42 U.S.C. 401).
                                  ____

  SA 3729. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 55, beginning on line 13, strike ``$100,000,000'' 
     and all that follows through ``Provided,'' on line 17 and 
     insert the following: ``500,000,000, to remain available 
     until March 31, 2003, which may be made available as a United 
     States contribution to the Global Fund to Combat AIDS, 
     Tuberculosis, and Malaria: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further,''.
                                  ____

  SA 3730. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 55, beginning on line 13, strike ``$100,000,000'' 
     and all that follows through ``Provided,'' on line 17 and 
     insert the following: ``700,000,000, to remain available 
     until March 31, 2003, which may be made available as a United 
     States contribution to the Global Fund to Combat AIDS, 
     Tuberculosis, and Malaria: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further,''.
                                  ____

  SA 3731. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 55, beginning on line 13, strike ``$100,000,000'' 
     and all that follows through ``Provided,'' on line 17 and 
     insert the following: ``600,000,000, to remain available 
     until March 31, 2003, which may be made available as a United 
     States contribution to the Global Fund to Combat AIDS, 
     Tuberculosis, and Malaria: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further,''.
                                  ____

  SA 3732. Mr. DURBIN (for himself, Mr. Specter, Mr. Leahy, Mr. DeWine, 
Mr. Kerry, Mr. Kennedy, Mrs. Boxer, Mr. Sarbanes, Mrs. Feinstein, Ms. 
Mikulski, Mrs. Clinton, Mr. Dodd, Mr. Lieberman, Mr. Torricelli, Mr. 
Levin, Mr. Schumer, and Ms. Landrieu) submitted an amendment intended 
to be proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 55, strike line 9 through 19 and insert the 
     following:

                child survival and health programs fund

       For an additional amount for ``child survival and health 
     programs fund'', $700,000,000: Provided, That not less than 
     $200,000,000 of the funds appropriated under this heading 
     shall be made available for a United States contribution to 
     the Global Fund to Combat AIDS, Tuberculosis and Malaria: 
     Provided further, That of the funds appropriated under this 
     heading (other than funds allocated under the first proviso) 
     $100,000,000 shall be transferred to, and merged with, 
     appropriations available under ``Department of Health and 
     Human Services; Centers for Disease Control and Prevention'' 
     for activities related to the prevention, treatment, and 
     control of, and research on, HIV/AIDS: Provided further, That 
     the funds appropriated under this heading (other than funds 
     allocated by the first proviso or transferred under the 
     second proviso) shall be made available for child survival, 
     maternal health, and other disease programs, including 
     programs to combat tuberculosis, and for development 
     activities to address the impact and consequences of HIV/
     AIDS: Provided further, That any funds allocated under the 
     preceding proviso may be made available to increase the 
     amount of the United States contribution to the Global Fund 
     to Combat AIDS, Tuberculosis and Malaria made under the first 
     proviso: Provided further, That funds appropriated under this 
     heading may be made available notwithstanding section 10 of 
     Public Law 91-672 or any other provision of law: Provided 
     further, That, in addition to funds otherwise available for 
     such purposes, not to exceed seven percent of the funds 
     appropriated under this heading may be made available for 
     administrative costs of the United States Government agencies 
     in carrying out programs under this heading. Provided 
     further, That the additional amount appropriated under this 
     heading is designated by Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)).
                                  ____

  SA 3733. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal

[[Page S5098]]

year ending September 30, 2002, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 37, between lines 2 and 3, insert the following:
       Sec. 307. Of the amount available for fiscal year 2002 for 
     the Army National Guard for operation and maintenance, 
     $2,200,000 shall be made available for the Army National 
     Guard for information operations, information assurance 
     operations, and training for such operations.
                                  ____

  SA 3734. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       The Secretary of Transportation is directed to make 
     $300,000 of the funds appropriated for job access and reverse 
     commute grants programs in Idaho, administered by the Federal 
     Transit Administration, available to the State of Idaho for 
     job training and support services in accordance with the 
     provisions of 23 U.S.C. 140(b).
                                  ____

  SA 3735. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       Insert the following at the end of Title II:

     SEC. 3001. GENERAL AVIATION INDUSTRY REPARATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, the President shall take the following actions to 
     compensate general aviation entities for economic injuries 
     incurred by such entities as a result of the terrorist 
     attacks on the United States that occurred on September 11, 
     2001:
       (1) Subject to such terms and conditions as the President 
     deems necessary and subject to subsection (b), issue Federal 
     credit instruments to such entities that do not, in the 
     aggregate, exceed $100,000,000 and provide the subsidy 
     amounts necessary for such instruments in accordance with the 
     provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 
     661 et seq.).
       (2) Compensate such entities in an aggregate amount equal 
     to $250,000,000 for direct losses incurred beginning on 
     September 11, 2001 and ending December 19, 2001, by such 
     entities as a result of any Federal ground stop order issued 
     by the Secretary of Transportation or any subsequent order.
       (b) Limitation on Aggregate Amount of Credit Instruments.--
     The aggregate amount of Federal credit instruments that may 
     be issued under section 101(a)(1) of the Air Transportation 
     Safety and System Stabilization Act (49 U.S.C. 40101 note; 
     115 Stat. 230) shall be reduced by the aggregate amount of 
     Federal credit instruments issued under subsection (a)(1) of 
     this section.
       (c) Deadline for Applications.--Not later than 14 days 
     after the date of enactment of this Act, the President shall 
     establish and publish in the Federal Register a deadline for 
     the issuance of Federal credit instruments under this section 
     and a deadline for the submission of applications for 
     payments of compensation under this section.

     SEC. 3002. STABILIZATION BOARD.

       (a) Federal Credit Instruments.--
       (1) Operating plan.--An obligor seeking issuance of a 
     Federal credit instrument under section 2(a)(1) shall submit 
     to the Air Transportation Stabilization Board, established 
     under section 102(b) of the Air Transportation Safety 
     Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231), an 
     operating plan (including budget and cash flow projections) 
     and financial plan for the period of time that the instrument 
     will be in effect. Such plans shall demonstrate to the 
     satisfaction of the Board the ability of the obligor to 
     continue operations as an ongoing general aviation entity 
     during and after the period of time the instrument will be in 
     effect.
       (2) Issuance.--The Board, in consultation with the Small 
     Business Administration, may enter into agreements with 1 or 
     more obligors to issue Federal credit instruments under 
     section 2(a)(1) if the Board determines, in its discretion, 
     that--
       (A) the obligor is a general aviation entity for which 
     credit is not reasonably available at the time of the 
     transaction;
       (B) the intended obligation by the obligor is prudently 
     incurred;
       (C) the obligor has furnished reasonable assurance that it 
     will be able to repay all loans and other debt obligations 
     covered by the Federal credit instrument in accordance with 
     the terms of such loans and other obligations;
       (D) the obligor intends to continue to operate as a general 
     aviation entity, and the operating and financial plan 
     submitted by the obligor under paragraph (1) satisfies the 
     demonstration required by paragraph (1); and
       (E) the type of aviation services or products (or both) 
     provided by the obligor are an important part of a safe, 
     efficient, and viable general aviation system.
       (b) Terms and Limitations.--
       (1) Forms; terms and conditions.--A Federal credit 
     instrument shall be issued under section 2(a)(1) in such form 
     and on such terms and conditions and contain such covenants, 
     representations, warranties, and requirements (including 
     requirements for audits) as the Board determines appropriate. 
     The Board may issue a Federal credit instrument under section 
     2(a)(1) to pay all or part of any of the principal of and 
     interest on a loan or other debt obligation issued to the 
     obligor.
       (2) Procedures.--Not later than 14 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue regulations setting forth 
     procedures for application and minimum requirements, which 
     may be supplemented by the Board in its discretion, for the 
     issuance of Federal credit instruments under section 2(a)(1).
       (c) Financial Protection of Government.--
       (1) In general.--To the extent feasible and practicable, 
     the Board shall ensure that the Government is compensated for 
     the risk assumed in making guarantees under this Act.
       (2) Government participation in gains.--To the extent to 
     which any participating entity accepts financial assistance, 
     in the form of accepting the proceeds of any loans guaranteed 
     by the Government under this Act, the Board is authorized to 
     enter into contracts under which the Government, contingent 
     on the financial success of the participating entity, would 
     participate in the gains of the participating entity or its 
     security holders through the use of such instruments as 
     warrants, stock options, common or preferred stock, or other 
     appropriate equity instruments.
       (3) Deposit in treasury.--All amounts collected by the 
     Government under this subsection shall be deposited in the 
     Treasury as miscellaneous receipts.

     SEC. 3003. SPECIAL RULES FOR COMPENSATION.

       (a) Limitation on Amount of Compensation.--
       (1) Documentation.--Subject to subsection (b), the amount 
     of compensation payable under section 2(a)(2) to a general 
     aviation entity may not exceed the amount of losses described 
     in such section that such entity demonstrates to the 
     satisfaction of the President, using sworn financial 
     statements or other appropriate data, that such entity 
     incurred.
       (2) Audits.--The Secretary of Transportation and the 
     Comptroller General of the United States may audit statements 
     referred to in paragraph (1) and may request any information 
     that the Secretary and the Comptroller General deem necessary 
     to conduct such audit.
       (b) Priority.--The President shall give priority for 
     compensation under section 2(a)(2) to a general aviation 
     entity--
       (1) based on the length of time that the entity has been 
     unable to operate as a result of the terrorist attacks on the 
     United States that occurred on September 11, 2001; and
       (2) if the entity is a small business concern (as defined 
     under section 3 of the Small Business Administration Act (15 
     U.S.C. 632(a))).
       (c) Amount of Compensation.--In order to ensure that 
     compensation provided under section 2(a)(2) is distributed 
     equitably among general aviation entities that have 
     substantiated losses described in section 2(a)(2), the 
     President may provide compensation under section 2(a)(2) to a 
     general aviation entity that is an amount less than the 
     amount of losses incurred by the entity and substantiated by 
     the entity as losses for which compensation may be made under 
     section 2(a)(2).
       (d) Payments.--The President may provide compensation under 
     section 2(a)(2) to general aviation entities in 1 or more 
     payments up to the amount authorized by this Act.

     SEC. 3004. REPORT.

       Not later than the 180th day following the date of 
     enactment of this Act, the President shall transmit to the 
     Committee on Transportation and Infrastructure, the Committee 
     on Appropriations, and the Committee on the Budget of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation, the Committee on Appropriations, 
     and the Committee on the Budget of the Senate a report on the 
     amount of assistance provided under this Act to each general 
     aviation entity and the financial status of such entity.

     SEC. 3005. DEFINITIONS.

       In this:
       (1) Federal credit instrument.--The term ``Federal credit 
     instrument'' means by guarantee or other pledge by the Air 
     Transportation Stabilization Board issued under section 
     2(a)(1) of this Act to pledge the full faith and credit of 
     the United States to pay all or part of any of the principal 
     of and interest on a loan or other debt obligation issued by 
     an obligor and funded by a lender.
       (2) General aviation entity.--The term ``general aviation 
     entity'' means any person (other than an air carrier or 
     foreign air carrier) that--
       (A) operates nonmilitary aircraft under part 91 of title 
     14, Code of Federal Regulations, for the purpose of 
     conducting its primary business;
       (B) manufacturing nonmilitary aircraft with a maximum 
     seating capacity of fewer than 20 passengers or aircraft 
     parts to be used in such aircraft;
       (C) provides services necessary for nonmilitary operations 
     under such part 91; or
       (D) operates an airport, other than a primary airport (as 
     such terms are defined in section 40102 of title 49, United 
     States Code), that--
       (i) is listed in the national plan of integrated airport 
     systems developed by the Federal Aviation Administration 
     under section 47103 of such title; or

[[Page S5099]]

       (ii) is normally open to the public, is located within the 
     confines of enhanced class B airspace (as defined by the 
     Federal Aviation Administration in Notice to Airmen FDC 1/
     0618), and was closed as a result of an order issued by the 
     Federal Aviation Administration in the period beginning 
     September 11, 2001, and ending January 1, 2002, and remained 
     closed as a result of that order on January 1, 2002.

     Such term includes fixed-based operators, flight schools, 
     manufacturers of general aviation aircraft and products, 
     persons engaged in nonscheduled aviation enterprises, and 
     general aviation independent contractors.
       On page 57 line 12, delete ``700,000,000'' and insert 
     ``450,000,000.''
                                  ____

  SA 3736. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 69, after line 23, add the following:

     SEC. 605. ____________.

       (a) Findings.--Congress makes the following findings:
       (1) Despite the removal of the Taliban from power, Afghan 
     women continue to experience a violation of their human 
     rights, generally outside of Kabul where warlords are 
     reexerting control.
       (2) Strong and continued United States support can ensure 
     that the advances made by Afghan women since the fall of the 
     Taliban will continue and grow, rather than recede.
       (3) The United States has made a substantial contribution 
     to the emergency relief and humanitarian efforts for 
     Afghanistan. Completing the United States mission in 
     Afghanistan will also require significant and long-term 
     investments in development and reconstruction assistance.
       (4) The maternal mortality rate in Afghanistan is one of 
     the highest in the world, with recent reports estimating that 
     every 30 minutes an Afghan woman dies (about 15,000 women 
     every year) of pregnancy-related causes. The estimated 
     maternal mortality rate of 1,700 deaths per 100,000 live 
     births can be significantly and rapidly reduced through 
     access to primary health care services, including safe 
     birthing supplies, emergency obstetric care, prenatal and 
     postnatal care, contraception, and prevention and treatment 
     for the effects of sexual coercion and rape.
       (5) Women make up 75 percent or more of the refugees and 
     internally displaced in camps, urban areas, and villages.
       (6) Eighty-five percent of Afghanistan's population lives 
     in rural areas. The women in rural areas perform vital roles 
     in food production, processing, and preparation. Successful 
     reconstruction and development assistance must target rural 
     women as part of any agricultural intervention.
       (7) Within Afghanistan and outside of Afghanistan, local 
     women's organizations are delivering critical services and 
     have the knowledge and experience to assist the United States 
     in delivering effective relief aid.
       (8) The Afghan Ministry for Women's Affairs is an important 
     new ministry that is essential for reestablishing women's 
     human rights, ensuring that women are included in all 
     development efforts, and delivering critical legal, health, 
     education, and economic services to women throughout 
     Afghanistan's 30 provinces.
       (9) Afghan women are taking the initiative to reach across 
     the conflict divide and foster peace. Women's perspectives 
     and experiences in seeking solutions to conflicts are 
     necessary to ensure lasting peace.
       (10) Adequate security in both urban and rural areas is 
     essential if women and girls are to exercise their human 
     rights, work, attend school, and otherwise participate in and 
     benefit from humanitarian and development programs sponsored 
     by the United States.
       (b) Allocation of Funds.--Of the amounts appropriated by 
     this chapter under the heading ``Bilateral Economic 
     Assistance'', funds should be used for, but not limited to, 
     the following:
       (1) Financial and programmatic support of Afghan women's 
     organizations operating in the United States, Pakistan, and 
     Afghanistan to deliver services to women, lead reconstruction 
     efforts, and build the capacities of nascent nongovernmental 
     organizations.
       (2) An increase in women's access to and ownership of 
     productive assets such as land, water, agricultural inputs, 
     microfinance, and property.
       (3) A provision of financial assistance to build health 
     infrastructure and to deliver women-centered health programs, 
     particularly maternal, reproductive, and mental health care;
       (4) The maintenance of a strong financial commitment to 
     developing the education and training systems of Afghanistan.
       (5) The ensurance that female refugees and internally 
     displaced persons can return to their homes voluntarily, 
     safely, and with the protection for their human rights.
       (6) Combating and preventing trafficking in persons and 
     assisting victims.
       (7) Emphasizing the importance of upholding human rights 
     and women's rights in particular, in training for the Afghan 
     army and police force.
                                  ____

  SA 3737. Mr. ENZI (for himself, Mr. Grassley, and Mr. Hagel) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 102. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Agriculture shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by the President or the Secretary after 
     January 1, 2001, of which $12,000,000 shall be made available 
     for the American Indian livestock program under section 806 
     of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2001 
     (Public Law 106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).
       (c) Payment Limitations.--Section 1001 of the Food Security 
     of 1985 (7 U.S.C. 1308) is amended--
       (1) in subsection (b), by striking ``$40,000'' each place 
     it appears and inserting ``$17,500'';
       (2) in subsection (c), by striking ``$65,000'' each place 
     it appears and inserting ``$32,500''; and
       (3) by adding at the end the following:
       ``(e) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--
       ``(1) Loan commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities 
     under subtitle B of title I of the Farm Security and Rural 
     Investment Act of 2002 at a lower level than the original 
     loan rate established for the loan commodity under that 
     subtitle.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities under that subtitle by 
     forfeiture, the amount by which the loan amount exceeds the 
     repayment amount for the loan if the loan had been settled by 
     repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for 1 or more 
     loan commodities under that subtitle.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities, as determined by the Secretary, 
     including the use of a certificate for the settlement of a 
     marketing assistance loan made under that subtitle.
       ``(2) Other commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for peanuts, wool, mohair, or honey 
     under subtitle B or C of title I of the Farm Security and 
     Rural Investment Act of 2002 at a lower level than the 
     original loan rate established for the commodity under those 
     subtitles.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for peanuts, wool, mohair, or honey under those 
     subtitles by forfeiture, the amount by which the loan amount 
     exceeds the repayment amount for the loan if the loan had 
     been settled by repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for peanuts, 
     wool, mohair, and honey under those subtitles.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 
     peanuts, wool, mohair, and honey, as determined by the 
     Secretary, including the use of a certificate for the 
     settlement of a marketing assistance loan made under those 
     subtitles.
       ``(f) Single Farming Operation.--Notwithstanding 
     subsections (b) through (e), if an individual participates 
     only in a single farming operation and receives, directly or 
     indirectly, any payment or gain covered by this section 
     through the operation, the total amount of payments or gains 
     (as applicable) covered by this section that the individual 
     may receive during any crop year may not exceed twice the 
     dollar amount prescribed in this section.''.
                                  ____

  SA 3738. Mr. ENZI (for himself, Mr. Grassley, and Mr. Hagel) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 7, between lines 12 and 13, insert the following:

     SEC. 102. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary of Agriculture shall use 
     $500,000,000 of the funds of the Commodity Credit Corporation 
     to make and administer payments for livestock losses to 
     producers for 2001 losses in a county that has received an 
     emergency designation by

[[Page S5100]]

     the President or the Secretary after January 1, 2001, of 
     which $12,000,000 shall be made available for the American 
     Indian livestock program under section 806 of the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387; 114 Stat. 1549A-51).
       (b) Administration.--The Secretary shall make assistance 
     available under this section in the same manner as provided 
     under section 806 of the Agriculture, Rural Development, Food 
     and Drug Administration, and Related Agencies Appropriations 
     Act, 2001 (Public Law 105-277; 114 Stat. 1549A-51).
       (c) Payment Limitations.--Section 1001 of the Food Security 
     of 1985 (7 U.S.C. 1308) is amended--
       (1) in subsection (b), by striking ``$40,000'' each place 
     it appears and inserting ``$17,500'';
       (2) in subsection (c), by striking ``$65,000'' each place 
     it appears and inserting ``$32,500''; and
       (3) by adding at the end the following:
       ``(e) Limitations on Marketing Loan Gains, Loan Deficiency 
     Payments, and Commodity Certificate Transactions.--
       ``(1) Loan commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for 1 or more loan commodities 
     under subtitle B of title I of the Farm Security and Rural 
     Investment Act of 2002 at a lower level than the original 
     loan rate established for the loan commodity under that 
     subtitle.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for 1 or more loan commodities under that subtitle by 
     forfeiture, the amount by which the loan amount exceeds the 
     repayment amount for the loan if the loan had been settled by 
     repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for 1 or more 
     loan commodities under that subtitle.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 1 
     or more loan commodities, as determined by the Secretary, 
     including the use of a certificate for the settlement of a 
     marketing assistance loan made under that subtitle.
       ``(2) Other commodities.--The total amount of the following 
     gains and payments that a person may receive during any crop 
     year may not exceed $90,000:
       ``(A)(i) Any gain realized by a producer from repaying a 
     marketing assistance loan for peanuts, wool, mohair, or honey 
     under subtitle B or C of title I of the Farm Security and 
     Rural Investment Act of 2002 at a lower level than the 
     original loan rate established for the commodity under those 
     subtitles.
       ``(ii) In the case of settlement of a marketing assistance 
     loan for peanuts, wool, mohair, or honey under those 
     subtitles by forfeiture, the amount by which the loan amount 
     exceeds the repayment amount for the loan if the loan had 
     been settled by repayment instead of forfeiture.
       ``(B) Any loan deficiency payments received for peanuts, 
     wool, mohair, and honey under those subtitles.
       ``(C) Any gain realized from the use of a commodity 
     certificate issued by the Commodity Credit Corporation for 
     peanuts, wool, mohair, and honey, as determined by the 
     Secretary, including the use of a certificate for the 
     settlement of a marketing assistance loan made under those 
     subtitles.
       ``(f) Single Farming Operation.--Notwithstanding 
     subsections (b) through (e), if an individual participates 
     only in a single farming operation and receives, directly or 
     indirectly, any payment or gain covered by this section 
     through the operation, the total amount of payments or gains 
     (as applicable) covered by this section that the individual 
     may receive during any crop year may not exceed twice the 
     dollar amount prescribed in this section.''.
                                  ____

  SA 3739. Ms. LANDRIEU (for herself and Mr. Breaux) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 4, line 5, before the colon, insert the following: 
     ``, of which not less than $1,300,000 shall be used for 
     emergency watershed protection in Lincoln Parish, 
     Louisiana''.
                                  ____

  SA 3740. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 37, between lines 2 and 3, insert the following:
       Sec. 307. That portion of the former Charleston, South 
     Carolina, Naval Base (including all associated improvements 
     and fixtures) on which is situated a law enforcement training 
     facility for the Department of Justice shall not be 
     transferred to, or transferred for the direct or indirect use 
     or benefit of, the State of South Carolina or any locality or 
     subdivision thereof.
                                  ____

  SA 3741. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of Chapter 1 of title I add the following:

     SEC. 1.   . MILK VENDING MACHINE PILOT PROGRAM.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Agriculture shall use 
     fiscal year 2002 funds of the Agriculture Marketing Service 
     to, in consultation with appropriate State agencies, 
     establish a pilot program to make available to students in 
     public schools milk vending machines, and to demonstrate and 
     evaluate their effect on student performance and nutrition.
       (b) In General.--The Secretary of Agriculture shall 
     promulgate such regulations as necessary to carry out this 
     program.
       (c) Funding.--The Secretary of Agriculture shall use 
     $40,000,000 of the funds listed in paragraph (a).
                                  ____

  SA 3742. Mrs. CLINTON (for herself and Mr. SCHUMER) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 112, line 10, insert after the semicolon the 
     following: ``Provided further, That community disaster loans 
     to New York City related to the revenue loss resulting from 
     the disaster on September 11, 2001, authorized under section 
     417 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5184), shall not exceed 
     $650,000,000:''.
                                  ____

  SA 3743. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 112, line 10, insert after the semicolon the 
     following: ``Provided further, That community disaster loans 
     to New York City related to the revenue loss resulting from 
     the disaster on September 11, 2001, authorized under section 
     417 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5184), shall not exceed 
     $650,000,000: Provided further, That if the revenues of New 
     York City during the 3-year period beginning on September 11, 
     2001 are insufficient to meet the operating budget of New 
     York City, including additional expenses relating to the 
     disaster on September 11, 2001, the Federal Emergency 
     Management Agency is authorized to use alternative methods of 
     conversion for the community disaster loans to New York City 
     related to the revenue loss resulting from the disaster on 
     September 11, 2001:''.
                                  ____

  SA 3744. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 7 after line 12, insert the following:
       ``Sec.  . Notwithstanding any other provision of law, the 
     Natural Resources Conservation Service shall provide 
     financial and technical assistance for projects in the 
     Embarras River Basin, Lake County Watersheds, and DuPage 
     County, Illinois, totaling $3,750,000 from funds appropriated 
     for the Watershed and Flood Prevention Operations program by 
     Public Law 107-76.''
                                  ____

  SA 3745. Mr. SARBANES (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 96, line 14, after ``Provided,'' insert the 
     following: ``That, notwithstanding any other provision of 
     law, of the amounts provided under this head, not more than 
     $5,000,000 may be made available to compensate Suburban 
     Airport in Laurel, Maryland, Freeway Airport in Bowie, 
     Maryland, Maryland Airport in Indian Head, Maryland, College 
     Park Airport in College Park, Maryland, Potomac Airpark in 
     Ft. Washington, Maryland, and Washington Executive/Hyde Field 
     in Clinton, Maryland, and the providers of general aviation 
     services (such as aircraft rental, flight training, repair 
     and other fixed base services) that are located at such 
     airports for losses of incomes and revenues resulting from 
     the airspace closures that occurred due to the September 11, 
     2001, terrorist attacks on the United States: Provided 
     further, ''.
                                  ____

  SA 3746. Mr. BINGAMAN submitted an amendment intended to be proposed

[[Page S5101]]

by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of chapter 3 of title I, add the following:
       Sec. 307. Of the amount available under this chapter for 
     the Defense Emergency Response Fund, $5,000,000 shall be 
     available for the Army National Guard in support of Weapons 
     of Mass Destruction Civil Support Teams (WMD-CSTs) for 
     training of individual team members, unit and team training, 
     simulation-based command and control training, scenario-based 
     exercises, and sustainment training all within a facility at 
     Kirtland Air Force Base, New Mexico, dedicated for such 
     purposes.
                                  ____

  SA 3747. Mr. GRAHAM (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 4775, 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 9, after line 12 insert the following:


         SALARIES AND EXPENSES, United States Marshals Service

       For an additional amount under this heading for hiring 200 
     additional Deputy United States Marshals for protection of 
     the judicial process in response to the terrorist attacks of 
     September 11, 2001 to be deployed to the Federal districts 
     with critical courtroom and prisoner security needs, 
     $19,967,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 3748. Mr. GRAHAM (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 4775, 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 57, line 12 strike ``$700,000,000'' and replace 
     with ``$680,033,000.''
       On page 9, after line 12 insert the following:


         SALARIES AND EXPENSES, United States Marshals Service

       For an additional amount under this heading for hiring 200 
     additional Deputy United States Marshals for protection of 
     the judicial process in response to the terrorist attacks of 
     September 11, 2001 to be deployed to the Federal districts 
     with critical courtroom and prisoner security needs, 
     $19,967,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 3749. Mr. GRAHAM (for himself and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill H.R. 4775, 
making supplemental appropriations for the fiscal year ending September 
30, 2002, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 94, line 5 strike ``$4,702,525,000''and replace 
     with ``$4,682,558,000''.
       On page 9, after line 12 insert the following:


         SALARIES AND EXPENSES, United States Marshals Service

       For an additional amount under this heading for hiring 200 
     additional Deputy United States Marshals for protection of 
     the judicial process in response to the terrorist attacks of 
     September 11, 2001 to be deployed to the Federal districts 
     with critical courtroom and prisoner security needs, 
     $19,967,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.
                                  ____

  SA 3750. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert:

     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 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 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 3751. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 101, after line 23, insert the following:
       Sec. 1008. The President may make Federal credit 
     instruments available under section 101(a)(1) of the Air 
     Transportation Safety and System Stabilization Act to general 
     aviation on the same terms and conditions as such instruments 
     are made available to air carriers under that section, or on 
     appropriately modified terms and conditions, except that such 
     instruments made available to general aviation may not exceed 
     5 percent of the total amount available under that section.
                                  ____

  SA 3752. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 2, strike lines 4 through 15.
       On page 2, strike lines 24 through 26.
       Beginning on page 14, strike line 22 and all that follows 
     through page 15, line 9.
       Beginning on page 48, strike line 18 and all that follows 
     through page 49, line 6.
       Beginning on page 70, strike line 3 and all that follows 
     through page 71, line 15.
       On page 72, strike lines 1 through 13.
       On page 73, strike lines 1 through 11.
       On page 97, strike lines 13 through 19.
       Beginning on page 98, strike line 16 and all that follows 
     through page 99, line 2.
                                  ____

  SA 3753. Mr. SMITH of New Hampshire submitted an amendment intended 
to be proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 3, strike line 18 and all that follows 
     through page 4, line 21.
       On page 97, strike lines 13 through 19.
                                  ____

  SA 3754. Mr. HUTCHINSON submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 10, strike lines 20 through 24.
                                  ____

  SA 3755. Mr. HUTCHINSON submitted an amendment intended to be 
proposed by him to the bill H.R. 4775, making supplemental 
appropriations for the fiscal year ending September 30, 2002, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. ESTABLISHING A SINGLE STANDARDIZED AMOUNT UNDER 
                   MEDICARE INPATIENT HOSPITAL PPS.

       (a) In General.--Section 1886(d)(3)(A) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(A)) is amended--

[[Page S5102]]

       (1) in clause (iv), by inserting ``and ending on or before 
     September 30, 2002,'' after ``October 1, 1995,''; and
       (2) by redesignating clauses (v) and (vi) as clauses (vii) 
     and (viii), respectively, and inserting after clause (iv) the 
     following new clauses:
       ``(v) For discharges occurring in the fiscal year beginning 
     on October 1, 2002, the average standardized amount for 
     hospitals located in areas other than a large urban area 
     shall be equal to the average standardized amount for 
     hospitals located in a large urban area.
       ``(vi) For discharges occurring in a fiscal year beginning 
     on or after October 1, 2003, the Secretary shall compute an 
     average standardized amount for hospitals located in all 
     areas within the United States equal to the average 
     standardized amount computed under clause (v) or this clause 
     for the previous fiscal year increased by the applicable 
     percentage increase under subsection (b)(3)(B)(i) for the 
     fiscal year involved.''.
       (b) Conforming Amendments.--
       (1) Update factor.--Section 1886(b)(3)(B)(i)(XVII) of the 
     Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XVII)) is 
     amended by striking ``for hospitals in all areas,'' and 
     inserting ``for hospitals located in a large urban area,''.
       (2) Computing drg-specific rates.--
       (A) In general.--Section 1886(d)(3)(D) of such Act (42 
     U.S.C. 1395ww(d)(3)(D)) is amended--
       (i) in the heading by striking ``in different areas'';
       (ii) in the matter preceding clause (i)--

       (I) by inserting ``for fiscal years before fiscal year 
     1997'' before ``a regional DRG prospective payment rate for 
     each region,''; and
       (II) by striking ``each of which is'';

       (iii) in clause (i)--

       (I) by inserting ``for fiscal years before fiscal year 
     2003,'' after ``(i)''; and
       (II) by striking ``and'' at the end;

       (iv) in clause (ii)--

       (I) by inserting ``for fiscal years before fiscal year 
     2003,'' after ``(ii)''; and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (v) by adding at the end the following new clause:
       ``(iii) for a fiscal year beginning after fiscal year 2002, 
     for hospitals located in all areas, to the product of--
       ``(I) the applicable average standardized amount (computed 
     under subparagraph (A)), reduced under subparagraph (B), and 
     adjusted or reduced under subparagraph (C) for the fiscal 
     year; and
       ``(II) the weighting factor (determined under paragraph 
     (4)(B)) for that diagnosis-related group.''.
       (B) Technical conforming sunset.--Section 1886(d)(3) of 
     such Act (42 U.S.C. 1395ww(d)(3)) is amended in the matter 
     preceding subparagraph (A) by inserting ``for fiscal years 
     before fiscal year 1997'' before ``a regional DRG prospective 
     payment rate''.

     SEC. ____. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER 
                   MEDICARE PPS FOR INPATIENT AND OUTPATIENT 
                   HOSPITAL SERVICES.

       (a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended--
       (1) by inserting ``(i) In general.--'' before ``The 
     Secretary'', and adjusting the margin two ems to the right;
       (2) by striking ``The Secretary'' and inserting ``Subject 
     to clause (ii), the Secretary''; and
       (3) by adding at the end the following new clause:
       ``(ii) Floor on area wage adjustment factor.--
     Notwithstanding clause (i), in determining payments under 
     this subsection for discharges occurring on or after October 
     1, 2002, the Secretary shall substitute a factor of .925 for 
     any factor that would otherwise apply under such clause that 
     is less than .925. Nothing in this clause shall be construed 
     as authorizing--
       ``(I) the application of the last sentence of clause (i) to 
     any substitution made pursuant to this clause, or
       ``(II) the application of the preceding sentence of this 
     clause to adjustments for area wage levels made under other 
     payment systems established under this title (other than the 
     payment system under section 1833(t)) to which the factors 
     established under clause (i) apply.''.
       (b) Outpatient PPS.--Section 1833(t)(2) of the Social 
     Security Act (42 U.S.C. 1395l(t)(2)) is amended by adding at 
     the end the following: ``For purposes of subparagraph (D) for 
     items and services furnished on or after October 1, 2002, if 
     the factors established under clause (i) of section 
     1886(d)(3)(E) are used to adjust for relative differences in 
     labor and labor-related costs under the payment system 
     established under this subsection, the provisions of clause 
     (ii) of such section (relating to a floor on area wage 
     adjustment factor) shall apply to such factors, as used in 
     this subsection, in the same manner and to the same extent 
     (including waiving the applicability of the requirement for 
     such floor to be applied in a budget neutral manner) as they 
     apply to factors under section 1886.''.
                                  ____

  SA 3756. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of chapter 2 of title I, add the following:
       Sec. 210. (a) Appropriation for Gulf States Initiative.--
     (1) There is hereby appropriated $12,000,000 for the Gulf 
     States Initiative.
       (2) The amount appropriated by paragraph (1) is in addition 
     to any other amounts appropriated by this Act for the Gulf 
     States Initiative.
       (b) Availability for Counter-Drug and Counter-Terrorism 
     Operations.--Of the amount appropriated by this Act for the 
     Gulf States Initiative, as increased (if at all) by 
     subsection (a), $12,000,000 shall be available under that 
     Initiative for counter-drug and counter-terrorism operations.
       (c) Offset.--(1) The amount appropriated by chapter 6 of 
     title I under the heading ``foreign military financing 
     program'' is hereby reduced by $6,000,000.
       (2) The amount appropriated by chapter 6 of title I under 
     the heading ``INTERNATIONAL DISASTER ASSISTANCE'' and 
     available for humanitarian, refugee, and reconstruction 
     assistance for the West Bank and Gaza is hereby reduced by 
     $6,000,000.
                                  ____

  SA 3757. Mr. HOLLINGS submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.   . CONTAMINATED SEAFOOD.

       (a) In General.--Section 801 of the Federal Food, Drugs, 
     and Cosmetic Act (21 U.S.C. 381) is amended by--
       (1) redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Contaminated Seafood.--
       ``(1) Refusal of entry.--The Secretary of Health and Human 
     Services shall issue an order refusing admission into the 
     United States of all imports of seafood originating from a 
     country or exporter if it appears that shipments of such 
     seafood are likely to contain 1 or more compounds listed in 
     section 530.41(a) of title 21, Code of Federal Regulations. 
     The Secretary may consider--
       ``(A) the detection of such compounds by the Secretary;
       ``(B) the detection of such compounds by a person 
     commissioned to carry out examinations and investigations 
     under section 702(a) of this Act;
       ``(C) the detection by other importing countries of such 
     compounds in shipments of seafood that originate from such 
     country or exporter; or
       ``(D) other evidence or information as determined by the 
     Secretary.''
       ``(2) Allowance of individual shipments from exporting 
     country or exporter.--Notwithstanding an order under 
     paragraph (1) with respect to seafood originating from a 
     country or exporter, the Secretary may permit individual 
     shipments of seafood originating in that country or from 
     that exporter to be admitted into the United States if the 
     exporter or importer presents evidence acceptable to the 
     Secretary that a shipment does not contain a compound 
     listed in section 530.41(a) of title 21, Code of Federal 
     Regulations.
       ``(3) Cancellation of order.--The Secretary may cancel an 
     order under paragraph (1) with respect to seafood exported 
     from a country or exporter if--
       ``(A) the country or exporter has shown to the satisfaction 
     of the Secretary that the compound at issue is no longer sold 
     for use, or being used, in food-producing animals in the 
     country in which the seafood originated; or
       ``(B) all shipments into the United States under paragraph 
     (2) of seafood originating in that country or from that 
     exporter more than 1 year after the date on which the 
     Secretary issued the order have been found, under the 
     procedures described in paragraph (2), not to contain such a 
     compound.
       (b) Conforming Amendments.--Section 801 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 381), as amended by 
     subsection(a), is amended by--
       (1) striking `'subsection (b)'' in subsection (a) and 
     inserting ``subsection (c)'';
       (2) striking ``subsection (b)'' in subsection (d) and 
     inserting ``subsection (c)'';
       (3) striking ``subsection (e)'' in subsection (g)(1) and 
     inserting ``subsection (f)'';
       (4) striking ``section 801(a)'' in subsection (h)(1)(A)(i) 
     and inserting ``subsection (a) of this section'';
       (5) striking ``section 801(a)'' in subsection (h)(1)(A)(ii) 
     and inserting ``subsection (a) of this section''; and
       (6) striking ``section 801(d)(1);'' in subsection 
     (h)(1)(A)(iii) and inserting ``subsection (d)(1) of this 
     section;''
                                  ____

  SA 3758. Mr. MILLER submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) The Senate finds that--
       (1) S. 2551, the Senate's fiscal year 2002 supplemental 
     bill, was scored at $30,900,000,000 or approximately 
     $3,800,000,000 over the President's request of 
     $27,100,000,000;

[[Page S5103]]

       (2) there is a general acknowledgement that a short-term 
     budget deficit may be necessary to provide the appropriate 
     resources to fight the war on terrorism, it is in our best 
     interest to balance the Federal budget as quickly as 
     possible;
       (3) the Senate may approve additional resources in this 
     bill over the President's request, these additional funds 
     should be considered in conjunction with the fiscal year 2003 
     appropriations process and this consideration would promote 
     fiscal discipline and eventual solvency; and
       (4) the bill recognizes the need to fund emergency homeland 
     requirements, at the same time the impact of this 
     supplemental appropriations bill on domestic spending and our 
     budget deficit should also be recognized.
       (b) It is the sense of the Senate that the fiscal year 2003 
     appropriations bills should be lowered by the amount 
     determined by CBO that any fiscal year 2002 supplemental 
     enacted in fiscal year 2002 is over the President's proposed 
     $27,100,000,000 request for the supplemental appropriations 
     bill.
                                  ____

  SA 3759. Mr. HATCH (for himself, Ms. Mikulski, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4775, making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 104, insert between lines 23 and 24 the following:


                proceeds of consent decree for facility

       For the General Services Administration, for planning, 
     building, and equipping the Food and Drug Administration 
     consolidated campus in White Oak, Maryland, an amount equal 
     to all amounts deposited in the United States Treasury 
     before, on, or after the date of enactment of this Act under 
     the consent decree entered pursuant to United States v. 
     Schering Plough Corp. et. al.; number c. 02397 (JAP), signed 
     on May 20, 2002, not to exceed $675,000,000, to remain 
     available until expended.
                                  ____

  SA 3760. Mr. REID (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed by him to the bill H.R. 4775, making 
supplemental appropriations for the fiscal year ending September 30, 
2002, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 10, line 7, strike ``$10,000,000'' and all that 
     follows through the period and insert the following: 
     ``$20,000,000, to be derived from amounts made available for 
     this purpose in Public Law 107-77 and Public Law 107-117: 
     Provided further, That of the funds appropriated under this 
     heading, $10,000,000 shall be made available to accelerate 
     the collection of publicly available personal information on 
     individuals from nations known to harbor or sponsor 
     terrorists: Provided further, That the percentage specified 
     in section 16(d)(2) of the Victims of Violent Crime 
     Compensation Act of 1996, as amended by this Act, shall be 
     deemed to be 10 percent in lieu of 50 percent.''.
                                  ____

  SA 3761. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 8, line 12, after ``$000,000,'' insert: ``of which 
     $2,100,000 shall be used to develop the curriculum, purchase 
     training materials and equipment, and pay instructor salaries 
     to train, in the State of Utah, at the Inter-Mountain Western 
     Regional Training Center, 400 law enforcement first 
     responders from across the United States as the initial part 
     of a `Train the Trainer' program to combat terrorism,''.
                                  ____

  SA 3762. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill H.R. 4775, making supplemental appropriations for the 
fiscal year ending September 30, 2002, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place insert the following:


                          PARKING APRON REPAIR

       Of the amounts available in Public Law 107-117 under the 
     heading ``Operation and Maintenance, Air Force,'' an 
     additional $5,700,000 shall be available for completion of 
     emergency repairs to the main parking apron (C-Ramp) at Grand 
     Forks AFB, North Dakota, and shall remain available until 
     expended.
                                  ____

  SA 3763. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. BUDGET ENFORCEMENT.

       (a) Extension of Budget Enforcement Points of Order.--
     Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 
     621 note) is amended--
       (1) in subsection (c)(2)--
       (A) by inserting ``and'' before ``312(b)'' and by striking 
     ``, and 312(c)''; and
       (B) by striking ``258C(a)(5)''; and
       (2) in subsection (d)(3)--
       (A) by inserting ``and'' before ``312(b)'' and by striking 
     ``, and 312(c)''; and
       (B) by striking ``258C(a)(5)''; and
       (3) in subsection (e), by striking ``2002'' and inserting 
     ``2007''.
       (b) Extension of Budget Enforcement Act Provisions.--
       (1) In general.--Section 275(b) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is 
     amended to read as follows:
       ``(b) Expiration.--Sections 251 and 258B of this Act and 
     sections 1105(f) and 1106(c) of title 31, United States Code, 
     shall expire September 30, 2007. The remaining sections of 
     part C of this title shall expire on September 30, 2011.''.
       (2) Striking expired provisions.--
       (A) BBA.--The Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900 et seq.) is amended by striking 
     section 253.
       (B) Congressional budget act.--The Congressional Budget Act 
     of 1974 (2 U.S.C. 621 et seq.) is amended--
       (i) in section 312, by striking subsection (c); and
       (ii) in section 314--

       (I) in subsection (b), by striking paragraphs (2) through 
     (5) and redesignating paragraph (6) as paragraph (2); and
       (II) by striking subsection (e).

       (c) Extension of Discretionary Caps.--Section 251(b)(2) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)) is amended
       (1) in the matter before subparagraph (A), by striking 
     ``2002'' and inserting ``2007'';
       (2) by striking subparagraphs (C), (D), (E), and (F); and
       (3) by redesignating subparagraph (G) as subparagraph (C).
       (d) Extension of Pay-As-You-Go.--
       (1) Enforcement.--Section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is 
     amended--
       (A) in subsection (a), by striking ``2002'' and inserting 
     ``2007''; and
       (B) in subsection (b), by striking ``2002'' and inserting 
     ``2007''.
       (2) Pay-as-you-go rule in the senate.--
       (A) In general.--Section 207 of House Concurrent Resolution 
     68 (106th Congress) is amended--
       (i) in subsection (b)--

       (I) in paragraph (1), by inserting after ``would'' the 
     following: ``decrease the on-budget surplus,''; and
       (II) in paragraph (6), by striking all after the dash and 
     inserting ``If direct spending or revenue legislation 
     decreases the on-budget surplus, increases the on-budget 
     deficit, or causes an on-budget deficit when taken 
     individually, then it must also decrease the on-budget 
     surplus, increase the on-budget deficit, or cause an on-
     budget deficit when taken together with all direct spending 
     and revenue legislation enacted since the beginning of the 
     calendar year not accounted for in the baseline under 
     paragraph (5)(A).''; and

       (ii) in subsection (g), by striking ``2002'' and inserting 
     ``2007''.
       (B) Senate pay-as-you-go adjustment.--For purposes of 
     Senate enforcement of section 207 of House Concurrent 
     Resolution 68 (106th Congress), upon the enactment of this 
     Act, the Chairman of the Committee on the Budget of the 
     Senate shall adjust balances of direct spending and receipts 
     for all fiscal years to zero.
       (3) Pay-as-you-go enforcement during on-budget surplus.--
     If, prior to September 30, 2007, the Final Monthly Treasury 
     Statement for any of fiscal years 2002 through 2006 reports 
     an on-budget surplus, section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902) shall 
     expire at the end of the subsequent fiscal year, and the 
     President, in the next budget, shall submit to Congress a 
     recommendation for pay-as-you-go enforcement procedures that 
     the president believes are appropriate when there is an on-
     budget surplus.
                                  ____

  SA 3764. Mr. DASCHLE (for himself and Mr. Conrad) proposed an 
amendment to the bill H.R. 4775, making supplemental appropriations for 
the fiscal year ending September 30, 2002, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. BUDGET ENFORCEMENT.

       (a) Extension of Budget Enforcement Points of Order.--
     Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 
     621 note) is amended--
       (1) in subsection (c)(2)--
       (A) by inserting ``and'' before ``312(b)'' and by striking 
     ``, and 312(c)''; and
       (B) by striking ``258C(a)(5)''; and
       (2) in subsection (d)(3)--
       (A) by inserting ``and'' before ``312(b)'' and by striking 
     ``, and 312(c)''; and
       (B) by striking ``258C(a)(5)''; and
       (3) in subsection (e), by striking ``2002'' and inserting 
     ``2007''.
       (b) Extension of Budget Enforcement Act Provisions.--
       (1) In general.--Section 275(b) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is 
     amended to read as follows:
       ``(b) Expiration.--Sections 251 and 258B of this Act and 
     sections 1105(f) and 1106(c) of title 31, United States Code, 
     shall expire September 30, 2007. The remaining sections of

[[Page S5104]]

     part C of this title shall expire on September 30, 2011.''.
       (2) Striking expired provisions.--
       (A) BBA.--The Balanced Budget and Emergency Deficit Control 
     Act of 1985 (2 U.S.C. 900 et seq.) is amended by striking 
     section 253.
       (B) Congressional budget act.--The Congressional Budget Act 
     of 1974 (2 U.S.C. 621 et seq.) is amended--
       (i) in section 312, by striking subsection (c); and
       (ii) in section 314--

       (I) in subsection (b), by striking paragraphs (2) through 
     (5) and redesignating paragraph (6) as paragraph (2); and
       (II) by striking subsection (e).

       (c) Extension of Discretionary Caps.--Section 251(b)(2) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 901(b)(2)) is amended
       (1) in the matter before subparagraph (A), by striking 
     ``2002'' and inserting ``2007'';
       (2) by striking subparagraphs (C), (D), (E), and (F); and
       (3) by redesignating subparagraph (G) as subparagraph (C).
       (d) Extension of Pay-As-You-Go.--
       (1) Enforcement.--Section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is 
     amended--
       (A) in subsection (a), by striking ``2002'' and inserting 
     ``2007''; and
       (B) in subsection (b), by striking ``2002'' and inserting 
     ``2007''.
       (2) Pay-as-you-go rule in the senate.--
       (A) In general.--Section 207 of House Concurrent Resolution 
     68 (106th Congress) is amended in subsection (g), by striking 
     ``2002'' and inserting ``2007''.
       (B) Senate pay-as-you-go adjustment.--For purposes of 
     Senate enforcement of section 207 of House Concurrent 
     Resolution 68 (106th Congress), upon the enactment of this 
     Act, the Chairman of the Committee on the Budget of the 
     Senate shall adjust balances of direct spending and receipts 
     for all fiscal years to zero.
       (3) Pay-as-you-go enforcement during on-budget surplus.--
     If, prior to September 30, 2007, the Final Monthly Treasury 
     Statement for any of fiscal years 2002 through 2006 reports 
     an on-budget surplus, section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902) shall 
     expire at the end of the subsequent fiscal year, and the 
     President, in the next budget, shall submit to Congress a 
     recommendation for pay-as-you-go enforcement procedures that 
     the president believes are appropriate when there is an on-
     budget surplus.
                                  ____

  SA 3765. Mr. SANTORUM proposed an amendment to amendment SA 3764 
proposed by Mr. Daschle (for himself and Mr. Conrad) to the bill (H.R. 
4775) making supplemental appropriations for the fiscal year ending 
September 30, 2002, and for other purposes; as follows:

       At the end of the amendment add the following:
       Sec.  . The provisions of S. Con. Res. 100 (107th Congress) 
     as reported by the Committee on the Budget and placed on the 
     calendar is adopted by the Senate and the House of 
     Representatives as the concurrent resolution on the budget 
     for fiscal year 2003 in accordance with section 301 of the 
     Congressional Budget Act of 1974.
                                  ____

  SA 3766. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 4755, to designate the facility of the United 
States Postal Service located at 204 south Broad Street in Lancaster, 
Ohio, as the ``Clarence Miller Post Office Building''; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       The $300,000 made available to the State of Idaho under the 
     matter under the heading ``Job Access and Reverse Commute 
     Grants'' under the heading ``FEDERAL TRANSIT ADMINISTRATION'' 
     in title I of the Department of Transportation and Related 
     Agencies Appropriations Act, 2002 (Public Law 107-87; 115 
     Stat. 852), shall be deemed to have been made available to 
     the State of Idaho to carry out a job training and supportive 
     services program under section 140(b) of title 23, United 
     States Code.

                          ____________________