[Congressional Record Volume 148, Number 137 (Thursday, October 17, 2002)]
[Senate]
[Pages S10734-S10739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4891. Mr. KERRY (for himself, Mr. Brownback, and Mr. Hollings) 
submitted an amendment intended to be proposed by him to the bill S. 
2869, to facilitate the ability of certain spectrum auction winners to 
pursue alternative measures required in the public interest to meet the 
needs of wireless telecommunications consumers; which was referred to 
the Committee on Commerce, Science, and Transportation; as follows:

       Strike out all after the enacting clause and insert the 
     following:

     SECTION 1. RELIEF FROM CONTINUING OBLIGATIONS.

       A winning bidder to which the Commission has not granted an 
     Auction 35 license may irrevocably elect to relinquish any 
     right, title, or interest in that license and the associated 
     license application by formal written notice to the 
     Commission. Such an election may only be made within 30 days 
     after the date of enactment of this Act. A winning bidder 
     that makes such an election shall be free of any obligation 
     the winning bidder would otherwise have with respect to that 
     license, the associated license application, and the 
     associated winning bid, including the obligation to pay the 
     amount of its winning bid that would be otherwise due for 
     such license.

     SEC. 2. RETURN OF DEPOSITS AND DOWNPAYMENTS.

       Within 37 days after receiving an election that meets the 
     requirements of section 3 from an Auction 35 winning bidder 
     that has made the election described in section 1, the 
     Commission shall refund any deposit or down-payment made with 
     respect to a winning bidder for the license that is the 
     subject of the election.

     SEC. 3. COMMISSION TO ISSUE PUBLIC NOTICE.

       (a) Public Notice.--Within 5 days after the date of 
     enactment of this Act, the Commission shall issue a public 
     notice specifying the form and the process for the return of 
     deposits and downpayments under section 2.
       (b) Time for Election.--An election under this section is 
     not valid unless it is made within 30 days after the date of 
     enactment of this Act.

     SEC. 4. WAIVER OF PAPERWORK REDUCTION ACT REQUIREMENTS.

       Section 3507 of title 44, United States Code, shall not 
     apply to the Commission's implementation of this Act.

     SEC. 5. NO INFERENCE WITH RESPECT TO NEXTWAVE CASE.

       It is the sense of the Congress that no inference with 
     respect to any issue of law or

[[Page S10735]]

     fact in Federal Communications Commission v. NextWAVE 
     Personal Communications, Inc., et al. (Supreme Court Docket 
     No. 01-653) should be drawn from the introduction, amendment, 
     defeat, or enactment of this Act.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Auction 35.--The term ``Auction 35'' means the C and F 
     block broadband personal communications service spectrum 
     auction of the Commission that began on December 1, 2000, and 
     ended on January 6, 2001, insofar as that auction related to 
     spectrum previously licensed to NextWave Personal 
     Communications, Inc., NextWave Power Partners, Inc., or Urban 
     Comm North Carolina, Inc.
       (2) Commission.--The term ``Commission'' means the Federal 
     Communications Commission or a bureau or division thereof 
     acting on delegated authority.
       (3) Winning bidder.--The term ``winning bidder'' means any 
     person who is entitled under Commission order FCC 02-99 
     (released March 27, 2002), to a refund of a substantial 
     portion of monies on deposit for spectrum formerly licensed 
     to NextWave and Urban Comm as defined in that order.
                                 ______
                                 
  SA 4892. Mr. REID (for Mr. Jeffords (for himself and Mr. Smith of New 
Hampshire)) proposed an amendment to the bill H.R. 1070, to amend the 
Federal Water Pollution Control Act to authorize the Administrator of 
the Environmental Protection Agency to carry out projects and conduct 
research for remediation of sediment contamination in areas of concern 
in the Great Lakes, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Great 
     Lakes and Lake Champlain Act of 2002''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                          TITLE I--GREAT LAKES

Sec. 101. Short title.
Sec. 102. Report on remedial action plans.
Sec. 103. Remediation of sediment contamination in areas of concern in 
              the Great Lakes.
Sec. 104. Relationship to Federal and State authorities.
Sec. 105. Authorization of appropriations.
Sec. 106. Research and development program.

                        TITLE II--LAKE CHAMPLAIN

Sec. 201. Short title.
Sec. 202. Lake Champlain Basin Program.

                        TITLE III--MISCELLANEOUS

Sec. 301. Phase II storm water program.
Sec. 302. Preservation of reporting requirements.
Sec. 303. Repeal.
Sec. 304. Cross Harbor Freight Movement Project EIS, New York City.

                          TITLE I--GREAT LAKES

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Great Lakes Legacy Act of 
     2002''.

     SEC. 102. REPORT ON REMEDIAL ACTION PLANS.

       Section 118(c)(3) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1268(c)(3)) is amended by adding at the end 
     the following:
       ``(E) Report.--Not later than 1 year after the date of 
     enactment of this subparagraph, the Administrator shall 
     submit to Congress a report on such actions, time periods, 
     and resources as are necessary to fulfill the duties of the 
     Agency relating to oversight of Remedial Action Plans under--
       ``(i) this paragraph; and
       ``(ii) the Great Lakes Water Quality Agreement.''.

     SEC. 103. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF 
                   CONCERN IN THE GREAT LAKES.

       Section 118(c) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(c)) is amended by adding at the end the 
     following:
       ``(12) Remediation of sediment contamination in areas of 
     concern.--
       ``(A) In general.--In accordance with this paragraph, the 
     Administrator, acting through the Program Office, may carry 
     out projects that meet the requirements of subparagraph (B).
       ``(B) Eligible projects.--A project meets the requirements 
     of this subparagraph if the project is to be carried out in 
     an area of concern located wholly or partially in the United 
     States and the project--
       ``(i) monitors or evaluates contaminated sediment;
       ``(ii) subject to subparagraph (D), implements a plan to 
     remediate contaminated sediment; or
       ``(iii) prevents further or renewed contamination of 
     sediment.
       ``(C) Priority.--In selecting projects to carry out under 
     this paragraph, the Administrator shall give priority to a 
     project that--
       ``(i) constitutes remedial action for contaminated 
     sediment;
       ``(ii)(I) has been identified in a Remedial Action Plan 
     submitted under paragraph (3); and
       ``(II) is ready to be implemented;
       ``(iii) will use an innovative approach, technology, or 
     technique that may provide greater environmental benefits, or 
     equivalent environmental benefits at a reduced cost; or
       ``(iv) includes remediation to be commenced not later than 
     1 year after the date of receipt of funds for the project.
       ``(D) Limitation.--The Administrator may not carry out a 
     project under this paragraph for remediation of contaminated 
     sediments located in an area of concern--
       ``(i) if an evaluation of remedial alternatives for the 
     area of concern has not been conducted, including a review of 
     the short-term and long-term effects of the alternatives on 
     human health and the environment; or
       ``(ii) if the Administrator determines that the area of 
     concern is likely to suffer significant further or renewed 
     contamination from existing sources of pollutants causing 
     sediment contamination following completion of the project.
       ``(E) Non-federal share.--
       ``(i) In general.--The non-Federal share of the cost of a 
     project carried out under this paragraph shall be at least 35 
     percent.
       ``(ii) In-kind contributions.--The non-Federal share of the 
     cost of a project carried out under this paragraph may 
     include the value of in-kind services contributed by a non-
     Federal sponsor.
       ``(iii) Non-federal share.--The non-Federal share of the 
     cost of a project carried out under this paragraph--

       ``(I) may include monies paid pursuant to, or the value of 
     any in-kind service performed under, an administrative order 
     on consent or judicial consent decree; but
       ``(II) may not include any funds paid pursuant to, or the 
     value of any in-kind service performed under, a unilateral 
     administrative order or court order.

       ``(iv) Operation and maintenance.--The non-Federal share of 
     the cost of the operation and maintenance of a project 
     carried out under this paragraph shall be 100 percent.
       ``(F) Maintenance of effort.--The Administrator may not 
     carry out a project under this paragraph unless the non-
     Federal sponsor enters into such agreements with the 
     Administrator as the Administrator may require to ensure that 
     the non-Federal sponsor will maintain its aggregate 
     expenditures from all other sources for remediation programs 
     in the area of concern in which the project is located at or 
     above the average level of such expenditures in the 2 fiscal 
     years preceding the date on which the project is initiated.
       ``(G) Coordination.--In carrying out projects under this 
     paragraph, the Administrator shall coordinate with the 
     Secretary of the Army, and with the Governors of States in 
     which the projects are located, to ensure that Federal and 
     State assistance for remediation in areas of concern is used 
     as efficiently as practicable.
       ``(H) Authorization of appropriations.--
       ``(i) In general.--In addition to other amounts authorized 
     under this section, there is authorized to be appropriated to 
     carry out this paragraph $50,000,000 for each of fiscal years 
     2004 through 2008.
       ``(ii) Availability.--Funds made available under clause (i) 
     shall remain available until expended.
       ``(13) Public information program.--
       ``(A) In general.--The Administrator, acting through the 
     Program Office and in coordination with States, Indian 
     tribes, local governments, and other entities, may carry out 
     a public information program to provide information relating 
     to the remediation of contaminated sediment to the public in 
     areas of concern that are located wholly or partially in the 
     United States.
       ``(B) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $1,000,000 for 
     each of fiscal years 2004 through 2008.''.

     SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AUTHORITIES.

       Section 118(g) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(g)) is amended--
       (1) by striking ``construed to affect'' and inserting the 
     following: ``construed--
       ``(1) to affect'';
       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(2) to affect any other Federal or State authority that 
     is being used or may be used to facilitate the cleanup and 
     protection of the Great Lakes.''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       Section 118(h) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1268(h)) is amended--
       (1) by striking the second sentence; and
       (2) in the first sentence--
       (A) by striking ``not to exceed $11,000,000'' and inserting 
     ``not to exceed--
       ``(1) $11,000,000'';
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(2) such sums as are necessary for each of fiscal years 
     1992 through 2003; and
       ``(3) $25,000,000 for each of fiscal years 2004 through 
     2008.''.

     SEC. 106. RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--In coordination with other Federal, State, 
     and local officials, the Administrator of the Environmental 
     Protection Agency may conduct research on the development and 
     use of innovative approaches, technologies, and techniques 
     for the remediation of sediment contamination in areas of 
     concern that are located wholly or partially in the United 
     States.
       (b) Authorization of Appropriations.--

[[Page S10736]]

       (1) In general.--In addition to amounts authorized under 
     other laws, there is authorized to be appropriated to carry 
     out this section $3,000,000 for each of fiscal years 2004 
     through 2008.
       (2) Availability.--Funds appropriated under paragraph (1) 
     shall remain available until expended.

                        TITLE II--LAKE CHAMPLAIN

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Daniel Patrick Moynihan 
     Lake Champlain Basin Program Act of 2002''.

     SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM.

       Section 120 of the Federal Water Pollution Control Act (33 
     U.S.C. 1270) is amended--
       (1) by striking the section heading and all that follows 
     through ``There is established'' in subsection (a) and 
     inserting the following:

     ``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--There is established'';
       (2) in subsection (a) (as amended by paragraph (1)), by 
     adding at the end the following:
       ``(2) Implementation.--The Administrator--
       ``(A) may provide support to the State of Vermont, the 
     State of New York, and the New England Interstate Water 
     Pollution Control Commission for the implementation of the 
     Lake Champlain Basin Program; and
       ``(B) shall coordinate actions of the Environmental 
     Protection Agency under subparagraph (A) with the actions of 
     other appropriate Federal agencies.'';
       (3) in subsection (d), by striking ``(1)'';
       (4) in subsection (e)--
       (A) in paragraph (1), by striking ``(hereafter in this 
     section referred to as the `Plan')''; and
       (B) in paragraph (2)--
       (i) in subparagraph (D), by striking ``and'' at the end;
       (ii) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(F) be reviewed and revised, as necessary, at least once 
     every 5 years, in consultation with the Administrator and 
     other appropriate Federal agencies.'';
       (5) in subsection (f)--
       (A) in paragraph (1), by striking ``the Management 
     Conference,'' and inserting ``participants in the Lake 
     Champlain Basin Program,''; and
       (B) in paragraph (2), by striking ``development of the 
     Plan'' and all that follows and inserting ``development and 
     implementation of the Plan.'';
       (6) in subsection (g)--
       (A) by striking ``(g)'' and all that follows through ``the 
     term'' and inserting the following:
       ``(g) Definitions.--In this section:
       ``(1) Lake champlain basin program.--The term `Lake 
     Champlain Basin Program' means the coordinated efforts among 
     the Federal Government, State governments, and local 
     governments to implement the Plan.
       ``(2) Lake champlain drainage basin.--The term'';
       (B) in paragraph (2) (as designated by subparagraph (A))--
       (i) by inserting ``Hamilton,'' after ``Franklin,''; and
       (ii) by inserting ``Bennington,'' after ``Rutland,''; and
       (C) by adding at the end the following:
       ``(3) Plan.--The term `Plan' means the plan developed under 
     subsection (e).'';
       (7) by striking subsection (h) and inserting the following:
       ``(h) No Effect on Certain Authority.--Nothing in this 
     section--
       ``(1) affects the jurisdiction or powers of--
       ``(A) any department or agency of the Federal Government or 
     any State government; or
       ``(B) any international organization or entity related to 
     Lake Champlain created by treaty or memorandum to which the 
     United States is a signatory;
       ``(2) provides new regulatory authority for the 
     Environmental Protection Agency; or
       ``(3) affects section 304 of the Great Lakes Critical 
     Programs Act of 1990 (Public Law 101-596; 33 U.S.C. 1270 
     note).''; and
       (8) in subsection (i)--
       (A) by striking ``section $2,000,000'' and inserting 
     ``section--
       ``(1) $2,000,000'';
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(2) such sums as are necessary for each of fiscal years 
     1996 through 2003; and
       ``(3) $11,000,000 for each of fiscal years 2004 through 
     2008.''.

                        TITLE III--MISCELLANEOUS

     SEC. 301. PHASE II STORM WATER PROGRAM.

       Notwithstanding any other provision of law, for fiscal year 
     2003, funds made available to a State to carry out nonpoint 
     source management programs under section 319 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1329) may, at the 
     option of the State, be used to carry out projects and 
     activities in the State relating to the development or 
     implementation of phase II of the storm water program of the 
     Environmental Protection Agency established by the rule 
     entitled ``National Pollutant Discharge Elimination System--
     Regulations for Revision of the Water Pollution Control 
     Program Addressing Storm Water Discharges'', promulgated by 
     the Administrator of the Environmental Protection Agency on 
     December 8, 1999 (64 Fed. Reg. 68722).

     SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS.

       (a) In General.--Section 3003(a)(1) of the Federal Reports 
     Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note; 
     Public Law 104-66) does not apply to any report required to 
     be submitted under any of the following provisions of law:
       (1) Effects of pollution on estuaries of the united 
     states.--Section 104(n)(3) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1254(n)(3)).
       (2) Implementation of great lakes water quality agreement 
     of 1978.--Section 118(c)(10) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1268(c)(10)).
       (3) Comprehensive conservation and management plan for long 
     island sound.--Section 119(c)(7) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1269(c)(7)).
       (4) Level b plan on all river basins.--Section 209(b) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1289(b)).
       (5) State reports on water quality of all navigable 
     waters.--Section 305(b) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1315(b)).
       (6) Exemptions from water pollution control requirements 
     for executive agencies.--Section 313(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1323(a)).
       (7) Status of water quality in united states lakes.--
     Section 314(a) of the Federal Water Pollution Control Act (33 
     U.S.C. 1324(a)).
       (8) National estuary program activities.--Section 320(j)(2) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1330(j)(2)).
       (9) Reports on contracts entered into relating to 
     procurement from violators of water quality standards.--
     Section 508(e) of the Federal Water Pollution Control Act (33 
     U.S.C. 1368(e)).
       (10) National requirements and costs of water pollution 
     control.--Section 516 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1375).
       (b) Other Reports.--
       (1) In general.--Effective November 10, 1998, section 501 
     of the Federal Reports Elimination Act of 1998 (Public Law 
     105-362; 112 Stat. 3283) is amended by striking subsections 
     (a), (b), (c), and (d).
       (2) Applicability.--The Federal Water Pollution Control Act 
     (33 U.S.C. 1254(n)(3)) shall be applied and administered on 
     and after the date of enactment of this Act as if the 
     amendments made by subsections (a), (b), (c), and (d) of 
     section 501 of the Federal Reports Elimination Act of 1998 
     (Public Law 105-362; 112 Stat. 3283) had not been enacted.

     SEC. 303. REPEAL.

       Title VII of Public Law 105-78 (20 U.S.C. 50 note; 111 
     Stat. 1524) (other than section 702) is repealed.

     SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT EIS, NEW YORK 
                   CITY.

       Section 1602 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 305) is amended in item number 1320 of the 
     table by striking ``Reconstruct 79th Street Traffic Circle, 
     New York City'' and inserting ``Cross Harbor Freight Movement 
     Project EIS, New York City''.

     SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE.

       (a) In General.--To demonstrate the transfer of technology 
     and expertise from the Federal Government to the private 
     sector, and to demonstrate the effectiveness of the reuse by 
     the private sector of properties and assets that Federal 
     Government, has determined, through applicable statutes and 
     processes, that it no longer needs. The Administrator of the 
     Environmental Protection Agency shall make a grant to not 
     less than one eligible sponsor to establish and operate a 
     center for brownfields excellence.
       (b) Responsibilities of Center.--The responsibilities of a 
     center established under this section shall include the 
     transfer of technology and expertise in the redevelopment of 
     abandoned or underutilized property that may have 
     environmental contamination and the dissemination of 
     information regarding successful models for such 
     redevelopment.
       (c) Priority.--In carrying out this section, the 
     Administrator shall give priority consideration to a grant 
     application submitted by an eligible sponsor that meets the 
     following criteria:
       (1) Demonstrated ability to facilitate the return of 
     property that may have environmental contamination to 
     productive use.
       (2) Demonstrated ability to facilitate public-private 
     partnerships and regional cooperation.
       (3) Capability to provide leadership in making both 
     national and regional contributions to addressing the problem 
     of underutilized or abandoned properties.
       (4) Demonstrated ability to work with Federal departments 
     and agencies to facilitate reuse by the private sector of 
     properties and assets no longer needed by the Federal 
     Government.
       (5) Demonstrated ability to foster technology transfer.
       (d) Eligible Sponsor Defined.--In this section, the term 
     ``eligible sponsor'' means a regional nonprofit community 
     redevelopment organization assisting an area that--
       (1) has lost jobs due to the closure of a private sector or 
     Federal installation; and
       (2) as a result, has an underemployed workforce and 
     underutilized or abandoned properties.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000.

[[Page S10737]]

     SEC. 206. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA.

       Section 1602 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 272) is amended in item number 426 of the 
     table by striking ``Louisiana Highway 16'' and inserting the 
     following: ``Louisiana Highway 1026.''
                                 ______
                                 
  SA 4893. Mr. REID (for Mr. Thompson) proposed an amendment to the 
bill S. 2530, to amend the Inspector General Act of 1978 (5 U.S.C. 
App.) to establish police powers for certain Inspector General agents 
engaged in official duties and provide an oversight mechanism for the 
exercise of those powers; as follows:

       On page 4, strike lines 15 through 22, and insert the 
     following:
       ``(5)(A) Powers authorized for an Office of Inspector 
     General under paragraph (1) may be rescinded or suspended 
     upon a determination by the Attorney General that any of the 
     requirements under paragraph (2) is no longer satisfied or 
     that the exercise of authorized powers by that Office of 
     Inspector General has not complied with the guidelines 
     promulgated by the Attorney General under paragraph (4).
       ``(B) Powers authorized to be exercised by any individual 
     under paragraph (1) may be rescinded or suspended with 
     respect to that individual upon a determination by the 
     Attorney General that such individual has not complied with 
     guidelines promulgated by the Attorney General under 
     paragraph (4).
                                 ______
                                 
  SA 4894. Mr. REID (for Mr. Dodd) proposed an amendment to the bill S. 
969, to establish a Tick-Borne Disorders Advisory Committee, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) Lyme disease is a common but frequently misunderstood 
     illness that, if not caught early and treated properly, can 
     cause serious health problems.
       (2) Lyme disease is a bacterial infection that is 
     transmitted by a tick bite. Early signs of infection may 
     include a rash and flu-like symptoms such as fever, muscle 
     aches, headaches, and fatigue.
       (3) Although Lyme disease can be treated with antibiotics 
     if caught early, the disease often goes undetected because it 
     mimics other illnesses or may be misdiagnosed. Untreated, 
     Lyme disease can lead to severe heart, neurological, eye, and 
     joint problems because the bacteria can affect many different 
     organs and organ systems.
       (4) If an individual with Lyme disease does not receive 
     treatment, such individual can develop severe heart, 
     neurological, eye, and joint problems.
       (5) Although Lyme disease accounts for 90 percent of all 
     vector-borne infections in the United States, the ticks that 
     spread Lyme disease also spread other disorders, such as 
     ehrlichiosis, babesiosis, and other strains of Borrelia. All 
     of these diseases in 1 patient makes diagnosis and treatment 
     more difficult.
       (6) Although tick-borne disease cases have been reported in 
     49 States and the District of Columbia, about 90 percent of 
     the 15,000 cases have been reported in the following 10 
     States: Connecticut, Pennsylvania, New York, New Jersey, 
     Rhode Island, Maryland, Massachusetts, Minnesota, Delaware, 
     and Wisconsin. Studies have shown that the actual number of 
     tick-borne disease cases are approximately 10 times the 
     amount reported due to poor surveillance of the disease.
       (7) Persistence of symptomatology in many patients without 
     reliable testing makes treatment of patients more difficult.

     SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY 
                   COMMITTEE.

       (a) Establishment of Committee.--Not later than 180 days 
     after the date of enactment of this Act, there shall be 
     established an advisory committee to be known as the Tick-
     Borne Disorders Advisory Committee (referred to in this Act 
     as the ``Committee'') organized in the Office of the 
     Secretary.
       (b) Duties.--The Committee shall advise the Secretary and 
     Assistant Secretary of Health regarding how to--
       (1) assure interagency coordination and communication and 
     minimize overlap regarding efforts to address tick-borne 
     disorders;
       (2) identify opportunities to coordinate efforts with other 
     Federal agencies and private organizations addressing tick-
     borne disorders; and
       (3) develop informed responses to constituency groups 
     regarding the Department of Health and Human Services' 
     efforts and progress.
       (c) Membership.--
       (1) Appointed members.--
       (A) In general.--The Secretary of Health and Human Services 
     shall appoint voting members to the Committee from among the 
     following member groups:
       (i) Scientific community members.
       (ii) Representatives of tick-borne disorder voluntary 
     organizations.
       (iii) Health care providers.
       (iv) Patient representatives who are individuals who have 
     been diagnosed with tick-borne illnesses or who have had an 
     immediate family member diagnosed with such illness.
       (v) Representatives of State and local health departments 
     and national organizations who represent State and local 
     health professionals.
       (B) Requirement.--The Secretary shall ensure that an equal 
     number of individuals are appointed to the Committee from 
     each of the member groups described in clauses (i) through 
     (v) of subparagraph (A).
       (2) Ex officio members.--The Committee shall have nonvoting 
     ex officio members determined appropriate by the Secretary.
       (d) Co-chairpersons.--The Assistant Secretary of Health 
     shall serve as the co-chairperson of the Committee with a 
     public co-chairperson chosen by the members described under 
     subsection (c). The public co-chairperson shall serve a 2-
     year term and retain all voting rights.
       (e) Term of Appointment.--All members shall be appointed to 
     serve on the Committee for 4 year terms.
       (f) Vacancy.--If there is a vacancy on the Committee, such 
     position shall be filled in the same manner as the original 
     appointment. Any member appointed to fill a vacancy for an 
     unexpired term shall be appointed for the remainder of that 
     term. Members may serve after the expiration of their terms 
     until their successors have taken office.
       (g) Meetings.--The Committee shall hold public meetings, 
     except as otherwise determined by the Secretary, giving 
     notice to the public of such, and meet at least twice a year 
     with additional meetings subject to the call of the co-
     chairpersons. Agenda items can be added at the request of the 
     Committee members, as well as the co-chairpersons. Meetings 
     shall be conducted, and records of the proceedings kept as 
     required by applicable laws and Departmental regulations.
       (h) Reports.--
       (1) In general.--Not later than 24 months after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report on the activities carried 
     out under this Act.
       (2) Content.--Such reports shall describe--
       (A) progress in the development of accurate diagnostic 
     tools that are more useful in the clinical setting; and
       (B) the promotion of public awareness and physician 
     education initiatives to improve the knowledge of health care 
     providers and the public regarding clinical and surveillance 
     practices for Lyme disease and other tick-borne disorders.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act, $250,000 for each 
     of fiscal years 2003 and 2004. Amounts appropriated under 
     this subsection shall be used for the expenses and per diem 
     costs incurred by the Committee under this section in 
     accordance with the Federal Advisory Committee Act (5 U.S.C. 
     App.), except that no voting member of the Committee shall be 
     a permanent salaried employee.

     SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING.

       There are authorized to be appropriated $10,000,000 for 
     each of fiscal years 2003 through 2007 to provide for 
     research and educational activities concerning Lyme disease 
     and other tick-borne disorders, and to carry out efforts to 
     prevent Lyme disease and other tick-borne disorders.

     SEC. 4. GOALS.

       It is the sense of the Senate that, in carrying out this 
     Act, the Secretary of Health and Human Services (referred to 
     in this section as the ``Secretary''), acting as appropriate 
     in consultation with the Director of the Centers for Disease 
     Control and Prevention, the Director of the National 
     Institutes of Health, the Committee, and other agencies, 
     should consider carrying out the following:
       (1) Five-year plan.--It is the sense of the Senate that the 
     Secretary should consider the establishment of a plan that, 
     for the five fiscal years following the date of the enactment 
     of this Act, provides for the activities to be carried out 
     during such fiscal years toward achieving the goals under 
     paragraphs (2) through (4). The plan should, as appropriate 
     to such goals, provide for the coordination of programs and 
     activities regarding Lyme disease and other tick-borne 
     disorders that are conducted or supported by the Federal 
     Government.
       (2) First goal: diagnostic test.--The goal described in 
     this paragraph is to develop a diagnostic test for Lyme 
     disease and other tick-borne disorders for use in clinical 
     testing.
       (3) Second goal: surveillance and reporting of lyme disease 
     and other tick-borne disorders.--The goal described in this 
     paragraph is to accurately determine the prevalence of Lyme 
     disease and other tick-borne disorders in the United States.
       (4) Third goal: prevention of lyme disease and other tick-
     borne disorders.--The goal described in this paragraph is to 
     develop the capabilities at the Department of Health and 
     Human Services to design and implement improved strategies 
     for the prevention and control of Lyme disease and other 
     tick-borne diseases. Such diseases may include Masters' 
     disease, ehrlichiosis, babesiosis, other bacterial, viral and 
     rickettsial diseases such as tularemia, tick-borne 
     encephalitis, Rocky Mountain Spotted Fever, and bartonella, 
     respectively.
                                 ______
                                 
  SA 4895. Mr. REID (for Mr. Ensign (for himself, Mr. Allard, and Mr. 
Allen)) proposed an amendment to the bill S. 1998, to amend the Higher 
Education Act of 1965 with respect to the qualifications of foreign 
schools; as follows:


[[Page S10738]]


       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FOREIGN SCHOOL ELIGIBILITY.

       (a) In General.--Section 102(a)(2)(A) of the Higher 
     Education Act of 1965 (20 U.S.C. 1002(a)(2)(A)) is amended to 
     read as follows:
       ``(A) In general.--For the purpose of qualifying as an 
     institution under paragraph (1)(C), the Secretary shall 
     establish criteria by regulation for the approval of 
     institutions outside the United States and for the 
     determination that such institutions are comparable to an 
     institution of higher education as defined in section 101 
     (except that a graduate medical school, or a veterinary 
     school, located outside the United States shall not be 
     required to meet the requirements of section 101(a)(4)). Such 
     criteria shall include a requirement that a student attending 
     such school outside the United States is ineligible for loans 
     made, insured, or guaranteed under part B of title IV 
     unless--
       ``(i) in the case of a graduate medical school located 
     outside the United States--

       ``(I)(aa) at least 60 percent of those enrolled in, and at 
     least 60 percent of the graduates of, the graduate medical 
     school outside the United States were not persons described 
     in section 484(a)(5) in the year preceding the year for which 
     a student is seeking a loan under part B of title IV; and
       ``(bb) at least 60 percent of the individuals who were 
     students or graduates of the graduate medical school outside 
     the United States or Canada (both nationals of the United 
     States and others) taking the examinations administered by 
     the Educational Commission for Foreign Medical Graduates 
     received a passing score in the year preceding the year for 
     which a student is seeking a loan under part B of title IV; 
     or
       ``(II) the institution has a clinical training program that 
     was approved by a State as of January 1, 1992; or

       ``(ii) in the case of a veterinary school located outside 
     the United States that does not meet the requirements of 
     section 101(a)(4), the institution's students complete their 
     clinical training at an approved veterinary school located in 
     the United States.''.
       (b) Effective Date.--This Act and the amendments made by 
     this Act shall be effective as if enacted on October 1, 1998.
                                 ______
                                 
  SA 4896. Mr. REID (for Mr. Biden (for himself and Mr. Thurmond)) 
proposed an amendment to the bill S. 1868, to amend the National Child 
Protection Act of 1993, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Child Protection 
     and Volunteers for Children Improvement Act of 2002''.

     SEC. 2. DEFINITIONS.

       Section 5 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119c) is amended--
       (1) in paragraph (10), by striking ``and'' at the end; and
       (2) by inserting after paragraph (10) the following:
       ``(10A) the term `qualified State program' means the 
     policies and procedures referred to in section 3(a)(1) of a 
     State that are in place in order to implement this Act, 
     including policies and procedures that require--
       ``(A) requests for national criminal history background 
     checks to be routinely returned to a qualified entity not 
     later than 20 business days after the date on which the 
     request was made;
       ``(B) authorized agencies to charge not more than $18 for 
     State background checks;
       ``(C) the designation of the authorized agencies that may 
     receive national criminal history background check requests 
     from qualified entities; and
       ``(D) the designation of the qualified entities that shall 
     submit background check requests to an authorized agency;
       ``(10B) the term `routinely' means--
       ``(A) instances where 85 percent or more of nationwide 
     background check requests are returned to qualified entities 
     within 20 business days; or
       ``(B) instances where 90 percent or more of nationwide 
     background check requests are returned to qualified entities 
     within 30 business days; and''.

     SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD 
                   PROTECTION ACT AND THE VOLUNTEERS FOR CHILDREN 
                   ACT.

       Section 3 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``A State may'' and inserting the 
     following: ``Request.--A State may'';
       (ii) by inserting after ``procedures'' the following: 
     ``meeting the guidelines set forth in subsection (b)'';
       (iii) by inserting after ``regulation)'' the following: 
     ``or a qualified State program''; and
       (iv) by striking ``convicted of'' and all that follows 
     through the period and inserting ``convicted of, or is under 
     pending arrest or indictment for, a crime that renders the 
     provider unfit to provide care to children, the elderly, or 
     individuals with disabilities.'';
       (B) in paragraph (2)--
       (i) by striking ``The authorized agency'' and inserting the 
     following: ``Response.--The authorized agency'';
       (ii) by striking ``make reasonable efforts to'';
       (iii) by striking ``15'' and inserting ``20''; and
       (iv) by adding at the end the following: ``The Attorney 
     General shall respond to the inquiry of the State authorized 
     agency within 15 business days of the request. A State is not 
     in violation of this section if the Attorney General fails to 
     respond to the inquiry within 15 business days of the 
     request.''; and
       (C) by striking paragraph (3), and inserting the following:
       ``(3) Absence of qualified state program.--
       ``(A) Request.--Not later than 12 months after the date of 
     enactment of the National Child Protection and Volunteers for 
     Children Improvement Act of 2002, a qualified entity doing 
     business in a State that does not have a qualified State 
     program may request a national criminal background check from 
     the Attorney General for the purpose of determining whether a 
     provider has been convicted of, or is under pending arrest or 
     indictment for, a crime that renders the provider unfit to 
     provide care to children, the elderly, or individuals with 
     disabilities.
       ``(B) Review and response.--The Attorney General shall 
     respond to the request of a qualified entity made under 
     subparagraph (A) not later than 20 business days after the 
     request is made.''; and
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``shall make'' and 
     inserting ``may make''; and
       (B) in paragraph (5)--
       (i) by inserting after ``qualified entity'' the following: 
     ``or by a State authorized agency that disseminates criminal 
     history records information directly to qualified entities''; 
     and
       (ii) by striking ``pursuant to subsection (a)(3)''.

     SEC. 4. DISSEMINATION OF INFORMATION.

       The National Child Protection Act of 1993 (42 U.S.C. 5119 
     et seq.) is amended by adding at the end the following:

     ``SEC. 6. DISSEMINATION OF INFORMATION.

       ``Notwithstanding any other provision of law, the Attorney 
     General and authorized agencies of States may disseminate 
     criminal history background check record information to a 
     qualified entity.

     ``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING.

       ``(a) In General.--The Attorney General shall establish an 
     Office for Volunteer and Provider Screening (referred to in 
     this Act as the `Office') which shall serve as a point of 
     contact for qualified entities to request a national criminal 
     background check pursuant to section 3(a)(3).
       ``(b) Model Guidelines.--The Office shall provide model 
     guidelines concerning standards to guide qualified entities 
     in making fitness determinations regarding care providers 
     based upon the criminal history record information of those 
     providers.''.

     SEC. 5. FEES.

       Section 3(e) of the National Child Protection Act of 1993 
     (42 U.S.C. 5119a(e)) is amended--
       (1) by striking ``In the case'' and inserting the 
     following:
       ``(1) In general.--In the case''; and
       (2) by adding at the end the following:
       ``(2) Volunteer with qualified entity.--In the case of a 
     national criminal fingerprint background check conducted 
     pursuant to section 3(a)(3) on a person who volunteers with a 
     qualified entity, the fee collected by the Federal Bureau of 
     Investigation shall not exceed $5.
       ``(3) Provider.--In the case of a national criminal 
     fingerprint background check on a provider who is employed by 
     or applies for a position with a qualified entity, the fee 
     collected by the Federal Bureau of Investigation shall not 
     exceed $18.''.

     SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY.

       (a) Establishment of Model Program in each State to 
     Strengthen Criminal Data Repositories and Fingerprint 
     Technology.--The Attorney General shall establish a model 
     program in each State and the District of Columbia for the 
     purpose of improving fingerprinting technology which shall 
     grant to each State funds to either--
       (1) purchase Live-Scan fingerprint technology and a State-
     vehicle to make such technology mobile and these mobile units 
     shall be used to travel within the State to assist in the 
     processing of fingerprint background checks; or
       (2) purchase electric fingerprint imaging machines for use 
     throughout the State to send fingerprint images to the 
     Attorney General to conduct background checks.
       (b) Additional Funds.--In addition to funds provided in 
     subsection (a), funds shall be provided to each State and the 
     District of Columbia to hire personnel to provide information 
     and training to each county law enforcement agency within the 
     State regarding all requirements for input of criminal and 
     disposition data into the national criminal history 
     background check system under the National Child Protection 
     Act of 1993 (42 U.S.C. 5119 et seq.).
       (c) Funding Eligibility.--States with a qualified State 
     program shall be eligible for not more than $2,000,000 under 
     this section.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section sums sufficient to improve fingerprint 
     technology units and hire data entry improvement personnel in 
     each of the 50 States and the District of Columbia for each 
     of fiscal years 2004 through 2008.
       (2) Availability.--Sums appropriated in accordance with 
     this section shall remain available until expended.

[[Page S10739]]

     SEC. 7. PRIVACY PROTECTIONS.

       (a) Information.--Information derived as a result of a 
     national criminal fingerprint background check request under 
     section 3 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119a) shall not be adjusted, deleted, or altered in 
     any way except as required by law for national security 
     purposes.
       (b) Designated Representative.--
       (1) In general.--Each qualified entity (as defined in 
     section 5 of the National Child Protection Act of 1993 (42 
     U.S.C. 5119c)) shall assign a representative in their 
     respective organization to receive and process information 
     requested under section 3 of the National Child Protection 
     Act of 1993 (42 U.S.C. 5119a).
       (2) Deletion of information.--Each representative assigned 
     under paragraph (1) shall review the requested information 
     and delete all information that is not needed by the 
     requesting entity in making an employment decision.
       (c) Criminal Penalties.--Any person who knowingly releases 
     information derived as a result of a national criminal 
     fingerprint background check to any person other than the 
     hiring authority or organizational leadership with the 
     qualified entity shall be--
       (1) fined $50,000 for each violation; or
       (2) imprisoned not more than 1 year.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act--
       (1) $100,000,000 for fiscal year 2004; and
       (2) such sums as may be necessary for each of fiscal years 
     2005 through 2008.
       (b) Availability of Funds.--Sums appropriated in accordance 
     with this section shall remain available until expended.
       Amend the title so as to read: ``A bill to amend the 
     National Child Protection Act of 1993, and for other 
     purposes.''.
                                 ______
                                 
  SA 4897. Mr. Reid (for Mr. Sarbanes) proposed an amendment to the 
bill S. 2239, to amend the National Housing Act to simplify the 
downpayment requirements for FHA mortgage insurance for single family 
homebuyers; as follows:

       At the end, add the following:

     SEC. 4. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS.

       (a) The National Housing Act (12 U.S.C. 1701 et seq.) is 
     amended by inserting after section 206 the following new 
     section 206A (12 U.S.C.) 1712A):

     ``SEC. 206A. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS.

       ``Method of Indexing.--(a) The dollar amounts set forth 
     in--
       ``(A) section 207(c)(3)(A) (12 U.S.C. 1713(c)(3)(A));
       ``(B) section 213(b)(2)(A) (12 U.S.C. 1715e(b)(2)(A));
       ``(C) section 220(d)(3)(B)(iii)(I) (12 U.S.C. 
     1715k(d)(3)(B)(iii)(I));
       ``(D) section 221(d)(3)(ii)(A) (12 U.S.C. 
     1715l(d)(3)(ii)(A));
       ``(E) section 221(d)(4)(ii)(A) (12 U.S.C. 
     1715l(d)(4)(ii)(A));
       ``(F) section 231(c)(2)(A) (12 U.S.C. 1715v(c)(2)(A)); and
       ``(G) section 234(e)(3)(A) (12 USC1715y(e)(3)(A))

     (collectively hereinafter referred to as the ``Dollar 
     Amounts'') shall be adjusted annually (commencing in 2004) on 
     the effective date of the Federal Reserve Board's adjustment 
     of the $400 figure in the Home Ownership and Equity 
     Protection Act of 1994 (HOEPA). The adjustment of the Dollar 
     Amounts shall be calculated using the percentage change in 
     the Consumer Price Index for All Urban Consumers (CPI-U) as 
     applied by the Federal Reserve Board for purposes of the 
     above-described HOEPA adjustment.
       (b) The Federal Reserve Board on a timely basis shall 
     notify the Secretary, or his designee, in writing of the 
     adjustment described in paragraph (a) and of the effective 
     date of such adjustment in order to permit the Secretary to 
     undertake publication in the Federal Register of 
     corresponding adjustments to the Dollar Amounts. The dollar 
     amount of any adjustment shall be rounded to the next lower 
     dollar.''.
       (b) Technical and Conference Changes.--
       (1) Section 207(c)(3) of the National Housing Act (12 
     U.S.C. 1713(c)(3)) is amended--
       (a) by inserting ``(A)'' after ``(3)'';
       (b) by striking ``and except that the Secretary'' through 
     and including ``in this paragraph'' and inserting in lieu 
     thereof; ``(B) the Secretary may, by regulation, increase any 
     of the dollar amount limitation in paragraph (A) (as such 
     limitations may have been adjusted in accordance with Section 
     206A of this Act)''.
       (2) Section 213(b)(2) of the National Housing Act (12 
     U.S.C. 1715e(b)(2)) is amended--
       (a) by inserting ``(A)'' following ``(2)'';
       (b) by striking ``:Provided further, That'' the first time 
     that it occurs, through and including ``contained in this 
     paragraph'' and inserting in lieu thereof: ``;(B)(I) the 
     Secretary may, by regulation, increase any of the dollar 
     amount limitations in paragraph (A) (as such limitations may 
     have been adjusted in accordance with Section 206A of this 
     Act)'';
       (c) by striking ``:Provided further. That'' the second time 
     it occurs and inserting in lieu thereof: ``; and (II)'';
       (d) by striking ``: And provided further, That'' and 
     inserting in lieu thereof: ``; and (III)'';
       (e) by striking ``with this subsection without regard to 
     the preceding proviso'' at the end of that subsection and 
     inserting in lieu thereof: ``with this paragraph (B)(I).''.
       (3) Section 220(d)(3)(B)(iii) of the National Housing Act 
     (12 U.S.C. 1715k(d)(3)(B)(iii)) is amended--
       (a) by inserting ``(I)'' following ``(iii)'';
       (b) by striking ``design; and except that'' and inserting 
     in lieu thereof: ``design; and (II)'';
       (c) by striking ``any of the foregoing dollar amount 
     limitations contained in this clause'' and inserting in lieu 
     thereof: ``any of the dollar amount limitations in subclause 
     (B)(iii)(I)(as such limitations may have been adjusted in 
     accordance with Section 206A of this Act)'';
       (d) by striking ``:Provided, That'' through and including 
     ``proviso'' and inserting in lieu thereof: ``with respect to 
     dollar amount limitations applicable to rehabilitation 
     projects described in subclause (II), the Secretary may, by 
     regulation, increase the dollar amount limitations contained 
     in subclause (B)(ii)(I) (as such limitations may have been 
     adjusted in accordance with Section 206A of this Act)'';
       (e) by striking ``: Provided further,'' and inserting in 
     lieu thereof: ``;(III)'';
       (f) by striking ``subparagraph'' in the second proviso and 
     inserting in lieu thereof ``subclause (B)(iii)(I)'';
       (g) in the last proviso, by striking ``: And provided 
     further, That'' and all that follows through and including 
     ``this clause'' and inserting in lieu thereof: ``; (IV) with 
     respect to rehabilitation projects involving not more than 
     five family units, the Secretary may further increase any of 
     the dollar limitations which would otherwise apply to such 
     projects.''
       (4) Section 221(d)(3)(ii) of the National Housing Act (12 
     U.S.C. 1715l(d)(3)(ii)) is amended--
       (a) by inserting ``(A)'' following ``(ii)'';
       (b) by striking ``; and except that'' and all that follows 
     through and including ``in this clause'' and inserting in 
     lieu thereof: ``; (B) the Secretary may, by regulation, 
     increase any of the dollar amount limitations in paragraph 
     (A) (as such limitations may have been adjusted in accordance 
     with Section 206A of this Act)'';
       (5) Section 221(d)(4)(ii) of the National Housing Act (12 
     U.S.C. 1715l(d)(4)(ii)) is amended--
       (a) by inserting ``(A)'' following ``(ii)'';
       (b) by striking ``; and except that'' and all that follows 
     through and including ``in this clause'' and inserting in 
     lieu thereof: ``; (B) the Secretary may, by regulation, 
     increase any of the dollar limitations in paragraph (A) (as 
     such limitations may have been adjusted in accordance with 
     Section 206A of this Act)''.
       (6) Section 231(c)(2) of the National Housing Act (12 
     U.S.C. 1715v(c)(2)) is amended--
       (a) by inserting ``(A)'' following ``(2)'';
       (b) by striking ``; and except that'' and all that follows 
     through and including ``in this paragraph'' and inserting in 
     lieu thereof: ``; (B) the Secretary may, by regulation, 
     increase any of the dollar limitations in paragraph (A) (as 
     such limitations may have been adjusted in accordance with 
     Section 206A of this Act)'';
       (c) by striking ``: Provided, That'' and all that follows 
     through and including ``of this section'' and inserting in 
     lieu thereof: ``; (C) the Secretary may, by regulation, 
     increase any of the dollar limitations in paragraph (A) (as 
     such limitations may have been adjusted in accordance with 
     section 206A of this Act)''.
       (7) Section 234(e)(3) of the National Housing Act (12 
     U.S.C. 1715y(e)(3)) is amended--
       (a) by inserting ``(A)'' following ``(3)'';
       (b) by replacing ``$38,025'' and ``$42,048''; $42,120'' 
     with ``48,481''; $50,310'' with ``$58,469''; ``$62,010'' with 
     ``$74,840''; ``$70,200'' with ``$83,375''; ``43,875''; with 
     ``$44,250''; ``$49,140'' with ``$50,724''; ``$60,255'' with 
     ``$61,680''; ``$75,465'' with ``$79,793''; and ``$85,328'' 
     with ``$87,588'';
       (c) by striking ``; except that each'' and all that follows 
     through and including ``contained in this paragraph'' and 
     inserting in lieu thereof: ``; (B) the Secretary may, by 
     regulation, increase any of the dollar limitations in 
     paragraph (A) (as such limitations may have been adjusted in 
     accordance with Section 206A of this Act)''.

                          ____________________