[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.
____________________