[Congressional Record Volume 148, Number 103 (Thursday, July 25, 2002)]
[Senate]
[Pages S7380-S7382]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4319. Mr. DURBIN (for himself and Mr. Bennett) proposed an 
amendment to the bill H.R. 5121, making appropriations for the 
Legislative Branch for the fiscal year ending September 30, 2003, and 
for other purposes; as follows:

       On page 33, lines 19 and 20, strike ``,the Committee on 
     House Administration of the House of Representatives,''.
       On page 34, lined 24, through page 35, line 1, strike 
     ``,the Committee on House Administration of the House of 
     Representatives,''.
                                  ____

  SA 4320. Mr. DURBIN (for himself and Mr. Bennett) proposed an 
amendment to the bill H.R. 5121, making appropriations for the 
Legislative Branch for the fiscal year ending September 30, 2003, and 
for other purposes; as follows:
       On page 12, line 4, strike ``Board''.
       On page 12, line 8, insert before the period ``, to be 
     disbursed by the Capitol Police''.
       On page 12, line 10, strike ``Board''.
       On page 12, line 20, strike ``Board or their delegee''.
       On page 16, between lines 19 and 20, insert the following:

     ``This subsection shall not apply to an individual who is an 
     employee of the Capitol Police immediately before the 
     appointment.''

       On page 25, add after line 25 the following:

     SEC. 109A. PROVISIONS RELATING TO HIRING AND COMPENSATION OF 
                   CAPITOL HILL POLICE.

       (a) Recruitment of Individuals Without Regard to Age.--
       (1) In general.--The Chief of the Capitol Police shall 
     carry out any activities and programs to recruit individuals 
     to serve as members of the Capitol Police without regard to 
     the age of the individuals.
       (2) Rule of construction.--Nothing in this subsection may 
     be construed to affect any provision of law of any rule or 
     regulation providing for the mandatory separation of members 
     of the Capitol Police on the basis of age, or any provision 
     of law or any rule or regulation regarding the calculation of 
     retirement or other benefits for members of the Capitol 
     Police.
       (b) Recruitment and Relocation Bonuses, Retention Bonuses, 
     and Tuition Allowances.--
       (1) Recruitment and relocation bonuses.--Section 909(a) of 
     chapter 9 of the Emergency Supplemental Act, 2002 (40 U.S.C. 
     207b-2; Public Law 107-117; 115 Stat. 2320) (in this section 
     referred to as the ``Act'') is amended--
       (A) in paragraph (1), by striking ``the Board determines 
     that the Capitol Police would be likely, in the absence of 
     such a bonus, to encounter difficulty in filling the 
     position'' and inserting ``the Chief, in the Chief's sole 
     discretion, determines that such a bonus will assist the 
     Capitol Police in recruitment efforts''; and
       (B) by adding at the end the following:
       ``(6) Determinations not appealable or reviewable.--Any 
     determination of the Chief under this subsection shall not be 
     appealable or reviewable in any manner.''
       (2) Retention allowances.--Section 909(b) of the Act is 
     amended--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (A) and (B); and
       (ii) by striking ``if--'' and inserting ``if the Chief, in 
     the Chief's sole discretion, determines that such a bonus 
     will assist the Capitol Police in retention efforts.''; and
       (B) in paragraph (3), by striking ``the reduction or the 
     elimination of a retention allowance may not be appealed'' 
     and inserting ``any determination of the Chief under this 
     subsection, or the reduction or elimination of a retention 
     allowance, shall not be appealable or reviewable in any 
     manner''.
       (3) Tuition allowances.--Section 909 of the Act is 
     amended--
       (A) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (B) by inserting after subsection (e) the following:
       ``(f) Tuition Allowances.--The Chief of the Capitol Police 
     may pay tuition allowances for payment or reimbursement of 
     education expenses in the same manner and to the same extent 
     as retention allowances under subsection (b).''
       (c) Authorizing Premium Pay To Ensure Availability of 
     Personnel.--
       (1) In general.--The Chief of the Capitol Police may 
     provide premium pay to officers and members of the Capitol 
     Police to ensure the availability of such officers and 
     members for unscheduled duty in excess of a 40-hour work 
     week, based on the needs of the Capitol Police, in the same 
     manner and subject to the same terms and conditions as 
     premium pay provided to criminal investigators under section 
     5545a of title 5, United States Code (subject to paragraph 
     (2)).
       (2) Cap on total amount paid.--Premium pay for an officer 
     or member under this subsection may not be paid in a calendar 
     year to the extent that, when added to the total basic pay 
     paid or payable to such officer or member for service 
     performed in the year,

[[Page S7381]]

     such pay would cause the total to exceed the annual rate of 
     basic pay payable for level II of the Executive Schedule, as 
     of the end of such year.
       (d) Effective Date and Regulations.--
       (1) Effective date.--The provisions of, and the amendments 
     made by, this section shall apply to fiscal year 2003 and 
     each fiscal year thereafter.
       (2) Regulations.--
       (A) In general.--Notwithstanding section 909(g) of chapter 
     9 of the Emergency Supplemental Act, 2002 (40 U.S.C. 207b-2), 
     the Chief of the Capitol Police shall, not later than 60 days 
     after the date of the enactment of this Act, promulgate any 
     regulations required to carry out the provisions of, and the 
     amendments made by, this section and sections 105, 106, and 
     107.
       (B) Review and approval.--
       (i) Review.--The Chief shall submit regulations prescribed 
     under subparagraph (A) to the Capitol Police Board for 
     review.
       (ii) Approval.--The regulations prescribed under 
     subparagraph (A) shall be subject to the approval of the 
     Committee on Rules and Administration of the Senate and the 
     Committee on House Administration of the House of 
     Representatives.

     SEC. 109B. TRANSFER OF DISBURSING FUNCTION.

       (a) In General.--
       (1) Disbursing officer.--The Chief of the Capitol Police 
     shall be the disbursing officer for the Capitol Police. Any 
     reference in any law or resolution before the date of 
     enactment of this section to funds paid or disbursed by the 
     Chief Administrative Officer of the House of Representatives 
     and the Secretary of the Senate relating to the pay and 
     allowances of Capitol Police officers, members, and employees 
     shall be deemed to refer to the Chief of the Capitol Police.
       (2) Transfer.--Any statutory function, duty, or authority 
     of the Chief Administrative Officer of the House of 
     Representatives or the Secretary of the Senate as disbursing 
     officers for the Capitol Police shall transfer to the Chief 
     as the single disbursing officer for the Capitol Police.
       (3) Continuity of function.--Until such time as the Chief 
     notifies the Chief Administrative Officer of the House of 
     Representatives and the Secretary of the Senate that systems 
     are in place for discharging the disbursing functions under 
     this subsection, the House of Representatives and the Senate 
     shall continue to serve as the disbursing authority on behalf 
     of the Capitol Police.
       (b) Treasury Accounts.--
       (1) Salaries.--There is established in the Treasury of the 
     United States a separate account for the Capitol Police, into 
     which shall be deposited appropriations received by the Chief 
     of the Capitol Police and available for the salaries of the 
     Capitol Police.
       (2) General expenses.--There is established in the Treasury 
     of the United States a separate account for the Capitol 
     Police, into which shall be deposited appropriations received 
     by the Chief of the Capitol Police and available for the 
     general expenses of the Capitol Police.
       (c) Transfer of Funds, Assets, Accounts, Records, and 
     Authority.--
       (1) In general.--The Chief Administrative Officer of the 
     House of Representatives and the Secretary of the Senate are 
     authorized and directed to transfer to the Chief of the 
     Capitol Police all funds, assets, accounts, and copies of 
     original records of the Capitol Police that are in the 
     possession or under the control of the Chief Administrative 
     Officer of the House of Representatives or the Secretary of 
     the Senate in order that all such items may be available for 
     the unified operation of the Capitol Police. Any funds so 
     transferred shall be deposited in the Treasury accounts 
     established under subsection (b) and be available to the 
     Chief for the same purposes as, and in like manner and 
     subject to the same conditions as, the funds prior to the 
     transfer.
       (2) Existing transfer authority.--Any transfer authority 
     existing before the date of enactment of this Act granted to 
     the Chief Administrative Officer of the House of 
     Representatives or the Secretary of the Senate for salaries, 
     expenses, and operations of the Capitol Police shall be 
     transferred to the Chief.
       (d) Unexpended Balances.--Notwithstanding the provisions of 
     any other law, the unexpended balances of appropriations for 
     the fiscal year 2003 and succeeding fiscal years that are 
     subject to disbursement by the Chief of the Capitol Police 
     shall be withdrawn as of September 30 of the second fiscal 
     year following the period or year for which provided. Unpaid 
     obligations chargeable to any of the balances so withdrawn or 
     appropriations for prior years shall be liquidated from any 
     appropriations for the same general purpose, which, at the 
     time of payment, are available for disbursement.
       (e) Hiring Authority; Eligibility for Same Benefits as 
     House Employees.--
       (1) Authority.--
       (A) In general.--Subject to subparagraph (B), the Chief of 
     the Capitol Police, in carrying out the duties of office, is 
     authorized to appoint, hire, discharge, and set the terms, 
     conditions, and privileges of employment of officers, 
     members, and employees of the Capitol Police, subject to and 
     in accordance with applicable laws and regulations.
       (B) Review or approval.--In carrying out the authority 
     provided under this paragraph, the Chief of the Capitol 
     Police shall be subject to the same statutory requirements 
     for review or approval by committees of Congress that were 
     applicable to the Capitol Police Board on the day before the 
     date of enactment of this Act.
       (2) Benefits.--Officers, members, and employees of the 
     Capitol Police who are appointed by the Chief under the 
     authority of this subsection shall be subject to the same 
     type of benefits (including the payment of death gratuities, 
     the withholding of debt, and health, retirement, Social 
     Security, and other applicable employee benefits) as are 
     provided to employees of the House of Representatives, and 
     any such individuals serving as officers, members, and 
     employees of the Capitol Police as of the date of enactment 
     of this Act shall be subject to the same rules governing 
     rights, protections, pay, and benefits in effect immediately 
     before such date until such rules are changed under 
     applicable laws or regulations.
       (f) Worker's Compensation.--
       (1) Account.--There shall be established a separate account 
     in the Capitol Police for purposes of making payments for 
     officers, members, and employees of the Capitol Police under 
     section 8147 of title 5, United States Code.
       (2) Payments without fiscal year limitation.--
     Notwithstanding any other provision of law, payments may be 
     made from the account established under paragraph (1) of this 
     subsection without regard to the fiscal year for which the 
     obligation to make such payments is incurred.
       (g) Effect on Existing Law.--
       (1) In general.--The provisions of this section shall not 
     be construed to reduce the pay or benefits of any officer, 
     member, or employee of the Capitol Police whose pay was 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives or the Secretary of the Senate before the 
     date of enactment of this Act.
       (2) Superseding provisions.--All provisions of law 
     inconsistent with this section are hereby superseded to the 
     extent of the inconsistency.
       (h) Conforming Amendments.--(1) Section 1821 of the Revised 
     Statutes of the United States (40 U.S.C. 206) is amended by 
     striking the third sentence.
       (2) Section 1822 of the Revised Statutes of the United 
     States (40 U.S.C. 207) is repealed.
       (3) Section 111 of title I of the Act entitled ``Making 
     supplemental appropriations for the fiscal year ending 
     September 30, 1977, and for other purposes'', approved May 4, 
     1977 (2 U.S.C. 64-3), is amended--
       (A) by striking ``Secretary of the Senate'' and inserting 
     ``Chief of the Capitol Police''; and
       (B) by striking ``United States Senate'' and inserting 
     ``Capitol Police''.
       (i) Effective Date.--This section and the amendments made 
     by this section shall take effect October 1, 2002, or the 
     date of enactment of this Act, whichever is later, and shall 
     apply to the fiscal year in which such date occurs and each 
     fiscal year thereafter.
                                  ____

  SA 4321. Mr. DURBIN (for Ms. Landrieu (for himself and Mr. Durbin)) 
proposed an amendment to the bill H.R. 5121, making appropriations for 
the Legislative Branch for the fiscal year ending September 30, 2003, 
and for other purposes; as follows:

       On page 44, line 24, before the period, insert the 
     following: ``:Provided further, That, of the total amount 
     appropriated, $500,000 shall remain available until expended 
     and shall be equally divided and transferred to the 
     Alexandria Museum of Art and the New Orleans Museum of Art 
     for activities relating to the Louisiana Purchase 
     Bicentennial Celebration''
                                  ____

  SA 4322. Mr. DURBIN (for Mr. Cochran (for himself, Mr. Durbin, and 
Mr. Bennett)) proposed an amendment to the bill H.R. 5121, making 
appropriations for the Legislative Branch for the fiscal year ending 
September 30, 2003, and for other purposes; as follows:

       On page 28, line 11, strike ``$108,743,000'' and insert 
     ``$108,243,000''.

       On page 63, insert between lines 10 and 11 the following:

     SEC. 312. TITLE II OF THE CONGRESSIONAL AWARD ACT.

       There are appropriated, out of any funds in the Treasury 
     not otherwise appropriated, $500,000, to remain available 
     until expended, to carry out title II of the Congressional 
     Award Act (2 U.S.C. 811 et seq.).
                                  ____

  SA 4323. Mr. DURBIN (for Mr. Specter (for himself and Mr. Durbin)) 
proposed an amendment to the bill H.R. 5121, making appropriations for 
the Legislative Branch for the fiscal year ending September 30, 2003, 
and for other purposes; as follows:

       On page 5, line 26, insert before the period ``,of which up 
     to $500,000 shall be made available for a pilot program for 
     mailings of postal patron postcards by Senators for the 
     purposes of providing notice of a town meeting by a Senator 
     in a county (or equivalent unit of local government) with a 
     population of less than 250,000 and at which the Senator will 
     personally attend: Provided, That any amount allocated to a 
     Senator for such mailing shall not exceed 50 percent of the 
     cost of the mailing and the remaining cost shall be paid by 
     the Senator from other funds available to the Senator: 
     Provided further, That not later than October 31, 2003, the 
     Sergeant at Arms and Doorkeeper of the Senate shall

[[Page S7382]]

     submit a report to the Committee on Rules and Administration 
     and Committee on Appropriations of the Senate on the Senate 
     of the program''.
                                  ____

  SA 4324. Mr. DURBIN (for Mr. Dodd) proposed an amendment to the bill 
H.R. 5121, making appropriations for the Legislative Branch for the 
fiscal year ending September 30, 2003, and for other purposes; as 
follows:
       On page 9, between lines 17 and 18, insert:

     SEC. __. PUBLIC SAFETY EXCEPTION TO INSCRIPTIONS REQUIREMENT 
                   ON MOBILE OFFICES.

       (a) In General.--Section 3(f)(3) under the heading 
     ``Administrative Provisions'' in the appropriation for the 
     Senate in the Legislative Branch Appropriation Act, 1975 (2 
     U.S.C. 59(f)(3)) is amended by adding at the end the 
     following flush sentence:

     ``The Committee on Rules and Administration of the Senate may 
     prescribe regulations to waive or modify the requirement 
     under subparagraph (B) if such waiver or modification is 
     necessary to provide for the public safety of a Senator and 
     the Senator's staff and constituents.''
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to the fiscal year that includes such date and each 
     fiscal year thereafter.
                                  ____

  SA 4325. Mr. DURBIN (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 812, to amend 
the Federal Food, Drug, and Cosmetic Act to provide greater access to 
affordable pharmaceuticals; which was ordered to lie on the table; as 
follows:
       At the appropriate place, insert the following:

     SEC. __. COLLECTION OF PRESCRIPTION DRUG PRICES; CALCULATION 
                   OF AVERAGE RETAIL PRICES; CONSUMER GUIDE TO 
                   PRESCRIPTION DRUGS.

       (a) Purposes.--The purposes of this section are the 
     following:
       (1) To provide beneficiaries under the medicare program 
     under title XVIII of the Social Security Act with information 
     on the prices of prescription drugs so that they can decide, 
     in consultation with their health care providers, whether a 
     brand name drug or its therapeutic or generic equivalent 
     would be appropriate.
       (2) To provide information to health care providers on the 
     prices of prescription drugs and the generic equivalents of 
     such drugs.
       (3) To inform beneficiaries under the medicare program of 
     the role of the Food and Drug Administration in ensuring that 
     generic drugs are as safe as brand name drugs and equivalent 
     to brand name drugs.
       (b) Calculation of Average Retail Prices.--
       (1) Collection of retail prescription drug prices.--
       (A) Retail prices of 200 most commonly used drugs by 
     medicare beneficiaries.--The Secretary of Health and Human 
     Services (in this section referred to as the ``Secretary'') 
     shall establish a process for the collection of sample data 
     nationwide on the retail prices of the 200 most commonly used 
     prescription drugs by beneficiaries under the medicare 
     program.
       (B) Retail prices of additional drugs.--The process 
     established under paragraph (1) may provide for the 
     collection of retail prices on prescription drugs not 
     described in such paragraph if the Secretary determines that 
     such collection is feasible and would be beneficial to 
     beneficiaries under the medicare program and their health 
     care providers.
       (2) Calculation of average retail prices.--Using the data 
     collected under paragraph (1), the Secretary shall calculate 
     an average retail price for each prescription drug for which 
     data is collected under such subsection.
       (3) Authority to contract with a private entity to collect 
     data and calculate prices.--If determined appropriate by the 
     Secretary, the Secretary may contract with a private entity 
     to--
       (A) collect the data under paragraph (1); and
       (B) make the calculations under paragraph (2).
       (c) Consumer Guide to Prescription Drugs.--
       (1) In general.--The Secretary shall--
       (A) annually publish a Consumer Guide to Prescription 
     Drugs;
       (B) annually distribute such Guide to beneficiaries under 
     the medicare program;
       (C) make such Guide available to health care providers; and
       (D) maintain the information contained in such Guide on the 
     Medicare Internet site of the Department of Health and Human 
     Services.
       (2) Requirements.--The Consumer Guide to Prescription Drugs 
     established under paragraph (1) shall, with respect to the 
     drugs for which data is collected under subsection (b)--
       (A) provide beneficiaries under the medicare program and 
     health care providers with--
       (i) easy-to-understand information about such prescription 
     drugs and information on the requirement under the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that a 
     generic drug be bioequivalent to the brand name drug for 
     which it is a substitute; and
       (ii) information to assist such beneficiaries and providers 
     in comparing the costs of such prescription drugs by 
     therapeutic category; and
       (iii) information regarding the wide variation in drug 
     prices across the country;
       (B) group such prescription drugs within their therapeutic 
     classes;
       (C) identify generic equivalents where available for brand 
     name drugs in a manner that allows the beneficiary and the 
     health care provider to compare the relative prices of 
     generic and brand name drugs; and
       (D) include a list of the average retail price of each such 
     prescription drug (as determined under subsection (b)).
       (3) Timeframe.--The Secretary shall publish the Consumer 
     Guide to Prescription Drugs within 24 months of the date of 
     enactment of this Act and shall publish an updated version of 
     the Guide annually thereafter. The Secretary may publish 
     periodic bulletins to such Guide that reflect changes in the 
     prices of prescription drugs in the Guide between the dates 
     of annual publication of the Guide.
       (4) Inclusion in medicare handbook.--If the Secretary 
     determines that it is appropriate to do so, the Secretary may 
     publish the Consumer Guide to Prescription Drugs as part of 
     the notice of medicare benefits required by section 1804(a) 
     of the Social Security Act (42 U.S.C. 1395b-2(a)).
       (d) Generic Drug Defined.--In this section, the term 
     ``generic drug'' means--
       (1) a drug approved under subsection (b)(2) or (j) of 
     section 505 of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 355) and for which the brand name drug is the listed 
     drug for the drug approved under such a subsection; and
       (2) a drug that the Secretary has determined is 
     therapeutically equivalent to a drug described in paragraph 
     (1) that is not a brand name drug.

                          ____________________