[Congressional Record Volume 149, Number 10 (Tuesday, January 21, 2003)]
[Senate]
[Pages S1253-S1299]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 67. Mr. EDWARDS (for himself, Mr. Lieberman, Mr. Jeffords, Mrs. 
Clinton, Mr. Reid, Mr. Daschle, and Mr. Schumer) proposed an amendment 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NEW SOURCE REVIEW FINAL RULE.

       (a) Cooperative Agreement.--As soon as practicable after 
     the date of enactment of this Act, the Administrator of the 
     Environmental Protection Agency shall enter into a 
     cooperative agreement with the National Academy of Sciences 
     to determine, not later than September 1, 2003, whether and 
     to what extent the final rule relating to prevention of 
     significant deterioration and nonattainment new source 
     review, published at 67 Fed. Reg. 80186 (December 31, 2002), 
     would allow or could result in--
       (1) any increase in air pollution (in the aggregate or at 
     any specific site); or
       (2) any adverse effect on human health.
       (b) Delayed Effective Date.--The final rule described in 
     subsection (a) shall not take effect before September 15, 
     2003.
                                 ______
                                 
  SA 68. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert:

     SEC. __. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN 
                   PLANS.

       (a) Funding Rules for Certain Plans.--
       (1) In general.--Notwithstanding any other provision of the 
     Internal Revenue Code of 1986 or the Employee Retirement 
     Income Security Act of 1974, the minimum funding rules under 
     paragraph (2) shall apply for any plan year beginning after 
     December 31, 2002, in the case of a defined benefit plan 
     which--
       (A) was established by an air carrier which was granted a 
     conditional loan guarantee by the Air Transport Stabilization 
     Board on July 10, 2002, and which filed for protection under 
     chapter 11 of title 11, United States Code, on August 11, 
     2002, and
       (B) is maintained for the benefit of such carrier's 
     employees pursuant to a collective bargaining agreement.
       (2) Special funding rule.--
       (A) In general.--In the case of a plan described in 
     paragraph (1), the minimum funding requirements under this 
     paragraph shall be the requirements set forth in Treasury 
     Regulation section 1.412(c)(1)-3 (as in effect on the date of 
     the enactment of this section).

[[Page S1254]]

       (B) Rules of special application.--In applying the 
     requirements of Treasury Regulation section 1.412(c)(1)-3 for 
     purposes of paragraph (1)--
       (i) the plan shall be treated as having met the 
     requirements of Treasury Regulation section 1.412(c)(1)-
     3(a)(2),
       (ii) the payment schedules shall be determined--

       (I) by using the maximum amortization period permitted 
     under section 1.412(c)(1)-3, and
       (II) on the basis of the actuarial valuation of the accrued 
     liability and the current liability of the plan as of January 
     1, 2003, less the actuarial value of the plan assets on that 
     date,

       (iii) the payments under a restoration payment schedule 
     shall be made in level amounts over the payment period, and
       (iv) the actuarial value of assets shall be the fair market 
     value of such assets as of January 1, 2003, with prospective 
     investment returns in excess of or less than the assumed 
     return phased in over 5 years.
       (b) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2002.
                                 ______
                                 
  SA 69. Mrs. CLINTON submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1014, after line 13, insert the following new 
     section:
       ``SEC. 423. From amounts previously appropriated under the 
     heading ``Emergency Response Fund'' in Public Law 107-038, 
     $90,000,000 shall be made ava lable, until expended, for the 
     Federal Emergency Management Agency to administer baseline 
     and follow-up screening and clinical examinations and long-
     term health monitoring and analysis for emergency services 
     personnel and rescue and recovery personnel, of which not 
     less that $25,000,000 shall be made available for such 
     services for current and retired firefighters.''.
                                 ______
                                 
  SA 70. Mr. FRIST submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table, as follows:

       At the appropriate place add the following:

     UNITED STATES POSTAL SERVICE

       The United States Postal Service (USPS) is required under 
     Title 5, Chapter 83 United States Code, to fund civil service 
     Retirement System benefits attributable to USPS employment 
     since 1971;
       The Office of Personnel Management has reviewed the USPS 
     financing of the civil Service Retirement System and 
     determined current law payments overfund USPS liability;
       Therefore, It is the Sense of the Senate that the Congress 
     should address the USPS funding of the Civil Service 
     Retirement System pension benefits.
                                 ______
                                 
  SA 71. Mr. DODD (for himself, Mr. Kennedy, Ms. Mikulski, Mr. 
Jeffords, Mrs. Murray, Mr. Edwards, Mr. Dayton, Mr. Corzine, Mr. Kerry, 
Mr. Reid, Mr. Reed, Mrs. Clinton, Mr. Bingaman, Mr. Johnson, and Mr. 
Schumer) proposed an amendment to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; as follows:

       On page 1052, line 25, strike ``budget).'' and insert the 
     following: ``budget).

       TITLE __--FUNDING EDUCATION FOR CHILDREN WITH DISABILITIES

     SEC. __. HELPING CHILDREN SUCCEED BY FUNDING THE INDIVIDUALS 
                   WITH DISABILITIES EDUCATION ACT (IDEA).

       Congress makes the following findings:
       (1) All children deserve a quality education.
       (2) In Pennsylvania Association for Retarded Children vs. 
     Commonwealth of Pennsylvania (334 F. Supp. 1247)(E. Dist. Pa. 
     1971), and Mills vs. Board of Education of the District of 
     Columbia (348 F. Supp. 866)(Dist. D.C. 1972), the courts 
     found that children with disabilities are entitled to an 
     equal opportunity to an education under the 14th amendment of 
     the Constitution.
       (3) In 1975, Congress passed what is now known as the 
     Individuals with Disabilities Education Act (referred to in 
     this section as ``IDEA'') (20 U.S.C. 1400 et seq.) to help 
     States provide all children with disabilities a free, 
     appropriate public education in the least restrictive 
     environment. At full funding, Congress contributes 40 percent 
     of the average per pupil expenditure for each child with a 
     disability served.
       (4) Before 1975, only \1/5\ of the children with 
     disabilities received a formal education. At that time, many 
     States had laws that specifically excluded many children with 
     disabilities, including children who were blind, deaf, or 
     emotionally disturbed, from receiving such an education.
       (5) IDEA currently serves an estimated 200,000 infants and 
     toddlers, 600,000 preschoolers, and 5,400,000 children 6 to 
     21 years of age.
       (6) IDEA enables children with disabilities to be educated 
     in their communities, and thus, has assisted in dramatically 
     reducing the number of children with disabilities who must 
     live in State institutions away from their families.
       (7) The number of children with disabilities who complete 
     high school has grown significantly since the enactment of 
     IDEA.
       (8) The number of children with disabilities who enroll in 
     college as freshmen has more than tripled since the enactment 
     of IDEA.
       (9) The overall effectiveness of IDEA depends upon well 
     trained special education and general education teachers, 
     related services personnel, and other school personnel. 
     Congress recognizes concerns about the nationwide shortage of 
     personnel serving students with disabilities and the need for 
     improvement in the qualifications of such personnel.
       (10) IDEA has raised the Nation's awareness about the 
     abilities and capabilities of children with disabilities.
       (11) Improvements to IDEA in the 1997 amendments increased 
     the academic achievement of children with disabilities and 
     helped them to lead productive, independent lives.
       (12) Changes made in 1997 also addressed the needs of those 
     children whose behavior impedes learning by implementing 
     behavioral assessments and intervention strategies to ensure 
     that they receive appropriate supports in order to receive a 
     quality education.
       (13) IDEA requires a full partnership between parents of 
     children with disabilities and education professionals in the 
     design and implementation of the educational services 
     provided to children with disabilities.
       (14) While the Federal Government has more than doubled 
     funding for part B of IDEA since 1995, the Federal Government 
     has never provided more than 17 percent of the maximum State 
     grant allocation for educating children with disabilities.
       (15) By fully funding IDEA, Congress will strengthen the 
     ability of States and localities to implement the 
     requirements of IDEA.

     SEC. __. FUNDING FOR PART B OF THE INDIVIDUALS WITH 
                   DISABILITIES EDUCATION ACT.

       (a) In General.--Notwithstanding any other provision of 
     this Act, in addition to any amounts otherwise appropriated 
     under this Act for part B of the Individuals with 
     Disabilities Education Act, other than section 619 of such 
     part, the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated for the fiscal 
     year ending September 30, 2003, $1,500,000,000 for carrying 
     out such part, other than section 619 of such part, to remain 
     available through September 30, 2004.
       (b) Across-the-Board Rescission.--Notwithstanding any other 
     provision of this Act, funds provided under subsection (a) 
     shall not result in a further across-the-board rescission 
     under section 601 of Division N.''.
                                 ______
                                 
  SA 72. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the joint resolution, insert 
     the following:
       Sec. __. In addition to the funds provided elsewhere in 
     this joint resolution, the following sums are appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     for fiscal year 2003: $10,000,000 to provide for grants as 
     authorized by section 11027 of Public Law 107-273, to 
     implement the Crime-free Rural States Program.
       (b) The amount made available under the account for 
     buildings and facilities of the Federal Prison System in this 
     joint resolution is reduced by $10,000,000.
                                 ______
                                 
  SA 73. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the joint resolution, insert 
     the following:
       Sec. __. In addition to the funds provided elsewhere in 
     this joint resolution, the following sums are appropriated, 
     out of any money in the Treasury not otherwise appropriated, 
     for fiscal year 2003: $10,000,000 to provide for grants as 
     authorized by section 11027 of Public Law 107-273, to 
     implement the Crime-free Rural States Program.
                                 ______
                                 
  SA 74. Mr. STEVENS (for himself and Mr. Frist) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table, as follows:

       In Division L, Homeland Security Act of 2002 Amendments, in 
     Section 101(1)(b)(2)(c), strike the first sentence and insert 
     in lieu thereof:
       ``To the extent that exercising such discretion is in the 
     interest of Homeland Security, and with respect to the 
     designation of any

[[Page S1255]]

     given university-based center for homeland security, the 
     Security may except certain criteria as specified in 
     308(b)(2)(B) and consider additional criteria beyond those 
     specified in 308(b)(2)(B).''
                                 ______
                                 
  SA 75. Mrs. CLINTON submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1037, strike lines 7 through 12 and insert the 
     following:

     SEC. 206. SPECIALTY CROPS.

       (a) Definition of Specialty Crop.--In this section, the 
     term ``specialty crop'' means any agricultural commodity, 
     other than wheat, feed grains, oilseeds, cotton, rice, 
     peanuts, or tobacco.
       (b) Assistance.--The Secretary shall use $500,000,000 of 
     funds of the Commodity Credit Corporation to provide 
     emergency financial assistance for each of crop years 2001 
     and 2002 to producers of specialty crops for losses incurred 
     as a result of damaging weather or related condition.
                                 ______
                                 
  SA 76. Mr. KOHL submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes, which 
was ordered to lie on the table; as follows:

       In Division A, at the appropriate place, insert the 
     following new section:
       ``Sec.  . There is hereby appropriated $6,000,000 for 
     grants made available in accordance with section 7412 of 
     Public Law 107-171.''
                                 ______
                                 
  SA 77. Mr. KOHL submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table, as follows:

       In Division A, at the appropriate place, insert the 
     following new section:

     ``SEC.  . SUMMER FOOD PILOT PROJECTS.

       (a) In General.--Section 18(f) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1769(f)) is amended--
       (1) in paragraph (1), by striking ``means a State'' and all 
     that follows and inserting ``means each State.'';
       (2) in paragraph (5)(A), by striking ``pilot project'' and 
     inserting ``pilot projects carried out in eligible States 
     that participated in the pilot project during fiscal year 
     2001''; and
       (3) in paragraph (6)(A), by inserting ``in eligible States 
     that participated in the pilot project during fiscal year 
     2001'' after ``carried out''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect immediately upon enactment of this Act.''
                                 ______
                                 
  SA 78. Mr. GREGG proposed an amendment to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003; and for other purposes; as follows:

       At the appropriate place, add the following:

     ``SEC.  . FUNDING FOR INDIVIDUALS WITH DISABILITIES EDUCATION 
                   ACT.

       In addition to any amounts otherwise appropriated under 
     this Act for support of the Individuals with Disabilities 
     Education Act the following sum is appropriated out of any 
     money in the Treasury not otherwise appropriated for this 
     fiscal year ending September 30, 2003, $1,500,000,000, which 
     is to remain available through September 30, 2004, provided 
     that, unless there is a separate and specific offset for any 
     amounts that are appropriated under Title III of Division G 
     for support of special education in excess of $9,691,424,000 
     for the individuals with Disabilities Education Act, the 
     percentage amount of any across-the-board rescission provided 
     under section 601 of Division of N of this Act shall be 
     increased by the percentage amount necessary to rescind an 
     amount of funds equal to the total amounts appropriated in 
     excess of $9,691,424,000 for special education in Title III 
     of Division G.''
                                 ______
                                 
  SA 79. Mr. DASCHLE submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1032, strike line 21 and all that follows 
     through page 1040, line 25, and insert the following:

          TITLE II--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Emergency Agricultural 
     Disaster Assistance Act of 2003''.

     SEC. 202. CROP DISASTER ASSISTANCE.

       (a) In General.--The Secretary of Agriculture (referred to 
     in this title as the ``Secretary'') shall use such sums as 
     are necessary of funds of the Commodity Credit Corporation to 
     make emergency financial assistance authorized under this 
     section available to producers on a farm that have incurred 
     qualifying crop losses for the 2001 or 2002 crop, or both, 
     due to damaging weather or related condition, as determined 
     by the Secretary.
       (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. 1549, 1549A-55), 
     including using the same loss thresholds for the quantity and 
     quality losses as were used in administering that section.
       (c) Crop Insurance.--In carrying out this section, the 
     Secretary shall not discriminate against or penalize 
     producers on a farm that have purchased crop insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

     SEC. 203. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation as are 
     necessary to make and administer payments for livestock 
     losses to producers for 2001 or 2002 losses, or both, in a 
     county that has received a corresponding emergency 
     designation by the President or the Secretary, of which an 
     amount determined by the Secretary 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. 1549, 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 106-387; 114 Stat. 1549, 1549A-51).

     SEC. 204. FUNDING.

       Of the funds of the Commodity Credit Corporation, the 
     Secretary shall--
       (1) use such sums as are necessary to carry out this title, 
     to remain available until expended; and
       (2) transfer to the fund established by section 32 of the 
     Act of August 24, 1935 (7 U.S.C. 612c), to remain available 
     until expended, an amount equal to the amount of funds under 
     section 32 of that Act that--
       (A) were made available before the date of enactment of 
     this Act to provide assistance to livestock producers under 
     the 2002 Livestock Compensation Program announced by the 
     Secretary on October 10, 2002 (67 Fed. Reg. 63070); and
       (B) were not otherwise reimbursed from another account used 
     by the Secretary or the Commodity Credit Corporation.

     SEC. 205. EMERGENCY DESIGNATION.

       (a) In General.--The entire amount made available under 
     this title shall be available only to the extent that the 
     President submits to Congress an official budget request for 
     a specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement for 
     the purposes of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 900 et seq.).
       (b) Designation.--The entire amount made available under 
     this section is designated by Congress as an emergency 
     requirement under sections 251(b)(2)(A) and 252(e) of that 
     Act (2 U.S.C. 901(b)(2)(A), 902(e)).

     SEC. 206. BUDGETARY TREATMENT.

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the Joint Explanatory Statement of 
     the Committee of Conference accompanying Conference Report 
     No. 105-217, the provisions of this title that would have 
     been estimated by the Office of Management and Budget as 
     changing direct spending or receipts under section 252 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 902) were it included in an Act other than an 
     appropriation Act shall be treated as direct spending or 
     receipts legislation, as appropriate, under section 252 of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (2 U.S.C. 902).
                                 ______
                                 
  SA 80. Mr. DAYTON (for himself, Mr. Johnson, and Mr. Coleman) 
proposed an amendment to the joint resolution H.J. Res. 2, making 
further continuing appropriations for the fiscal year 2003, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTRACTS WITH CORPORATE EXPATRIATES.

       (a) Short Title.--This section may be cited as the 
     ``Senator Paul Wellstone Corporate Patriotism Act of 2003''.
       (b) Limitation on Waivers.--Section 835 of the Homeland 
     Security Act of 2002 (Public Law 107-296) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Waivers.--The President may waive subsection (a) with 
     respect to any specific contract if the President certifies 
     to Congress that the waiver is essential to the national 
     security.''.
       (c) Expanded Coverage of Entities.--Section 835(a) of such 
     Act is amended by inserting ``nor any directly or indirectly 
     held subsidiary of such entity'' after ``subsection (b)''.
       (d)Section 835(b)(1) of such act is amended by inserting 
     ``before, on, or'' after ``completes''.
                                 ______
                                 
  SA 81. Mr. DAYTON (for himself and Mr. Coleman) submitted an 
amendment intended to be proposed by him

[[Page S1256]]

to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTRACTS WITH CORPORATE EXPATRIATES.

       (a) Short Title.--This section may be cited as the 
     ``Senator Paul Wellstone Corporate Patriotism Act of 2003''.
       (b) Limitation on Waivers.--Section 835 of the Homeland 
     Security Act of 2002 (Public Law 107-296) is amended by 
     striking subsection (d) and inserting the following:
       ``(d) Waivers.--The President may waive subsection (a) with 
     respect to any specific contract if the President certifies 
     to Congress that the waiver is essential to the national 
     security.''.
       (c) Expanded Coverage of Entities.--Section 835(a) of such 
     Act is amended by inserting ``nor any directly or indirectly 
     held subsidiary of such entity'' after ``subsection (b)''.
       (d) Section 835(b)(1) of such act is amended by inserting 
     ``before, on, or'' after ``completes''.
       Sec.  This provision shall take effect 1 day after 
     enactment.
                                 ______
                                 
  SA 82. Mr. EDWARDS (for himself, Mr. Lieberman, Mr. Jeffords, Mrs. 
Clinton, and Mr. Reid) submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NEW SOURCE REVIEW FINAL RULE.

       (a) Cooperative Agreement.--As soon as practicable after 
     the date of enactment of this Act, the Administrator of the 
     Environmental Protection Agency shall enter into a 
     cooperative agreement with the National Academy of Sciences 
     to determine, not later than September 1, 2003, whether and 
     to what extent the final rule relating to prevention of 
     significant deterioration and nonattainment new source 
     review, published at 67 Fed. Reg. 80186 (December 31, 2002), 
     would allow or could result in--
       (1) any increase in air pollution (in the aggregate or at 
     any specific site); or
       (2) any adverse effect on human health.
       (b) Delayed Effective Date.--The final rule described in 
     subsection (a) shall not take effect before September 16, 
     2003.
                                 ______
                                 
  SA 83. Mr. REID submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.    . Notwithstanding any other provision of law, the 
     National Nuclear Security Administration is prohibited from 
     taking any actions adversely affecting employment at its 
     Nevada Operations Office for a period of not less than 365 
     days. During this period, the National Nuclear Security 
     Administration is directed to establish a Financial Services 
     Center of Excellence to be maintained and operated in its 
     offices in Las Vegas, Nevada.
                                 ______
                                 
  SA 84. Mr. REID submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

     SEC.    . NORTH LAS VEGAS WATER REUSE PROJECT.

       (a) Authorization.--The Secretary of the Interior, in 
     cooperation with the appropriate local authorities, may 
     participate in the design, planning, and construction of the 
     North Las Vegas Water Reuse Project (hereinafter referred to 
     as the `Project') to reclaim and reuse water in the service 
     area of the North Las Vegas Utility Division Service Area of 
     the city North Las Vegas and country of Clark, Nevada.
       (b) Cost Share.--The Federal share of the cost of the 
     Project shall not exceed 25 percent of the total cost.
       (c) Limitation.--Funds provided by the Secretary shall not 
     be used for the operation or maintenance of the Project.
       (d) Funding.--Funds appropriated pursuant to section 1631 
     of the Reclamation Wastewater and Groundwater Study and 
     Facilities Act (43 U.S.C. 390h-13) may be used for the 
     Project.
       Sec.     . Reclamation Wastewater and Groundwater Study and 
     Facilities Act.--Design, planning, and construction of the 
     Project authorized by this Act shall be in accordance with, 
     and subject to the limitations contained in, the Reclamation 
     Wastewater and Groundwater Study and Facilities Act (106 
     Stat. 4663-4669, 43 U.S.C. 390th et seq.), as amended.
                                 ______
                                 
  SA. 85. Mr. REID submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.     . The Secretary of the Interior, and the heads of 
     other participating Federal agencies, may participate in the 
     CALFED Bay-Delta Authority established by the California Bay-
     Delta Act (2002 Cal. Stat. Chap. 812), to the extent not 
     inconsistent with other law. The Secretary of the Interior, 
     in carrying out CALFED activities, may undertake feasibility 
     studies for Sites Reservoir, Los Vaqueros Enlargement, In-
     Delta Storage, and Upper San Joaquin Storage Projects.
                                 ______
                                 
  SA 86. Mr. INHOFE proposed an amendment to amendment SA 67 proposed 
by Mr. Edwards (for himself, Mr. Lieberman, Mr. Jeffords, Mrs. Clinton, 
Mr. Reid, Mr. Daschle, and Mr. Schumer) to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; as follows:

       On page 1, strike all after ``Sec.'' and insert the 
     following:
       ``    . (a) Cooperative Agreement.--As soon as practicable 
     after the date of enactment of this Act, the Administrator of 
     the Environmental Protection Agency shall enter into a 
     cooperative agreement with the National Academy of Sciences 
     to evaluate the impact of the final rule relating to 
     prevention of significant deterioration and nonattainment new 
     source review, published at 67 Fed. Reg. 80186 (December 31, 
     2002). The study shall include--
       (1) increases or decreases in emissions of pollutants 
     regulated under the New Source Review program;
       (2) impacts on human health;
       (3) pollution control and prevention technologies installed 
     after the effective date of the rule at facilities covered 
     under the rulemaking;
       (4) increases or decreases in efficiency of operations, 
     including energy efficiency, at covered facilities; and
       (5) other relevant data.
       (b) Deadline.--The NAS shall submit an interim report to 
     Congress no later than March 3, 2004, and shall submit a 
     final report on implementation of the rules.
                                 ______
                                 
  SA 87. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Section 218(d)(6)(C) of the Social Security 
     Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting 
     ``Kentucky,'' after ``Illinois,''.
       (b) The amendment made by subsection (a) takes effect on 
     January 1, 2003.
                                 ______
                                 
  SA 88. Mr. WARNER submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. REPLACEMENT OF COASTAL BARRIER RESOURCES SYSTEM MAP.

       (a) In General.--The map described in subsection (b) is 
     replaced, in the maps depicting the Coastal Barrier Resources 
     System that are referred to in section 4(a) of the Coastal 
     Barrier Resources Act (16 U.S.C. 3503(a)), by the map 
     entitled ``Plum Tree Island Unit VA-59P, Long Creek Unit VA-
     60/VA-60P'' and dated May 1, 2002.
       (b) Description of Replaced Map.--The map referred to in 
     subsection (a) is the map that--
       (1) relates to Plum Island Unit VA-59P and Long Creek Unit 
     VA-60/VA-60P located in Poquoson and Hampton, Virginia; and
       (2) is included in a set of maps entitled `Coastal Barrier 
     Resources System'', dated October 24, 1990, revised on 
     October 23, 1992, and referred to in section 4(a) of the 
     Coastal Barrier Resources Act (16 U.S.C. 3503(a)).
       (c) Availability.--The Secretary of the Interior shall keep 
     the replacement map described in subsection (b) on file and 
     available for inspection in accordance with section 4(b) of 
     the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).
                                 ______
                                 
  SA 89. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Bingaman, and Ms. 
Mikulski) submitted an amendment intended to be proposed by her to the 
joint resolution H.J. Res. 2, making further continuing appropriations 
for the fiscal year 2003, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

              DIVISION O--MEDICARE AND MEDICAID PROVISIONS

     SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; 
                   REFERENCES TO BIPA; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Health Care Improvement Act of 2003''.

[[Page S1257]]

       (b) Amendments to Social Security Act.--Except as otherwise 
     specifically provided, whenever in this division an amendment 
     is expressed in terms of an amendment to or repeal of a 
     section or other provision, the reference shall be considered 
     to be made to that section or other provision of the Social 
     Security Act.
       (c) BIPA.--In this division, the term ``BIPA'' means the 
     Medicare, Medicaid, and SCHIP Benefits Improvement and 
     Protection Act of 2000, as enacted into law by section 
     1(a)(6) of Public Law 106-554.
       (d) Table of Contents.--The table of contents of this 
     division is as follows:

              DIVISION O--MEDICARE AND MEDICAID PROVISIONS

Sec. 1. Short title; amendments to Social Security Act; references to 
              BIPA; table of contents.

                      TITLE I--MEDICARE PROVISIONS

Sec. 101. Revision of acute care hospital payment updates.
Sec. 102. Extension of level of adjustment for Indirect Costs of 
              Medical Education (IME).
Sec. 103. Hospital outpatient department outlier payments.
Sec. 104. Hospital outpatient department transitional payments.
Sec. 105. Application of rules for determining provider-based status 
              for certain entities.
Sec. 106. Extension of treatment of certain physician pathology 
              services.
Sec. 107. Extension of the authorization for appropriations for 
              Medicare Rural Grant Program.
Sec. 108. Extension of enhanced payments for psychiatric hospitals.
Sec. 109. Additional delay in application of 15 percent reduction on 
              payment limits for home health services.
Sec. 110. Extension of temporary increase for home health services 
              furnished in a rural area.
Sec. 111. Extension of temporary increase in adjusted Federal per diem 
              rate under PPS for skilled nursing facilities.
Sec. 112. Extension of increase in nursing component of PPS Federal 
              rate under PPS for skilled nursing facilities.
Sec. 113. Increase in renal dialysis composite rate for services 
              furnished in 2003.
Sec. 114. Extension of the authorization for appropriations for 
              vaccines outreach expansion.
Sec. 115. Extension of moratorium on therapy caps.
Sec. 116. Increase in the conversion factor for payments under the 
              medicare physician fee schedule.
Sec. 117. Revision of Medicare+Choice minimum percentage increase.

                     TITLE II--MEDICAID PROVISIONS

Sec. 201. Extension of medicare cost-sharing for part B premium for 
              certain additional low-income medicare beneficiaries.
Sec. 202. Medicaid DSH allotments.

             TITLE III--APPLICATION AND BUDGET SCOREKEEPING

Sec. 301. Application of provisions of division.
Sec. 302. Budget Scorekeeping.

                      TITLE I--MEDICARE PROVISIONS

     SEC. 101. REVISION OF ACUTE CARE HOSPITAL PAYMENT UPDATES.

       Subclause (XVIII) of section 1886(b)(3)(B)(i) (42 U.S.C. 
     1395ww(b)(3)(B)(i)) is amended by striking ``minus 0.55 
     percentage points''.

     SEC. 102. EXTENSION OF LEVEL OF ADJUSTMENT FOR INDIRECT COSTS 
                   OF MEDICAL EDUCATION (IME).

       (a) In General.--Section 1886(d)(5)(B)(ii) (42 U.S.C. 
     1395ww(d)(5)(B)(ii)) is amended--
       (1) in subclause (VI) by inserting ``and fiscal year 2003'' 
     after ``2002''; and
       (2) in subclause (VII), by striking ``2002'' and inserting 
     ``2003''.
       (b) Conforming Amendment Relating to Determination of 
     Standardized Amount.--Section 1886(d)(2)(C)(i) (42 U.S.C. 
     1395ww(d)(2)(C)(i)) is amended--
       (1) by striking ``1999 or'' and inserting ``1999,''; and
       (2) by inserting ``, or of section 102 of the Health Care 
     Improvement Act of 2003'' after ``2000''.

     SEC. 103. HOSPITAL OUTPATIENT DEPARTMENT OUTLIER PAYMENTS.

       (a) In General.--Section 1833(t)(5) (42 U.S.C. 1395l(t)(5)) 
     is amended--
       (1) in subparagraph (C)--
       (A) in clause (i), by striking ``exceed the applicable'' 
     and inserting ``exceed a percentage specified by the 
     Secretary that is not less than the applicable minimum 
     percentage or greater than the applicable maximum''; and
       (B) by striking clause (ii) and inserting the following new 
     clause:
       ``(ii) Applicable percentages.--For purposes of clause 
     (i)--

       ``(I) the term `applicable minimum percentage' for a year 
     means zero percent for years before 2003 and 2.0 percent for 
     years after 2002; and
       ``(II) the term `applicable maximum percentage' for a year 
     means 2.5 percent for years before 2003 and 3.0 percent for 
     years after 2002.''; and

       (2) in subparagraph (D)--
       (A) in the heading, by striking ``Transitional authority'' 
     and inserting ``Flexibility''; and
       (B) in the matter preceding clause (i), by striking ``for 
     covered OPD services furnished before January 1, 2002,''.

     SEC. 104. HOSPITAL OUTPATIENT DEPARTMENT TRANSITIONAL 
                   PAYMENTS.

       Section 1833(t)(7) (42 U.S.C. 1395l(t)(7)) is amended--
       (1) in subparagraph (B)--
       (A) in the heading, by inserting ``and 2003'' after 
     ``2002''; and
       (B) by inserting ``and 2003'' after ``furnished during 
     2002'' in the matter preceding clause (i); and
       (2) in subparagraph (C)--
       (A) in the heading, by striking ``2003'' and inserting 
     ``2004''; and
       (B) by striking ``2003'' and inserting ``2004'' in the 
     matter preceding clause (i); and
       (3) in subparagraph (D)(i), by striking ``2004'' and 
     inserting ``2005''.

     SEC. 105. APPLICATION OF RULES FOR DETERMINING PROVIDER-BASED 
                   STATUS FOR CERTAIN ENTITIES.

       Section 404 of BIPA (114 Stat. 2763A-506) is amended by 
     striking ``2002'' and inserting ``2003'' each place it 
     appears.

     SEC. 106. EXTENSION OF TREATMENT OF CERTAIN PHYSICIAN 
                   PATHOLOGY SERVICES.

       Section 542(c) of BIPA (114 Stat. 2763A-550) is amended by 
     striking ``2-year period'' and inserting ``3-year period''.

     SEC. 107. EXTENSION OF THE AUTHORIZATION FOR APPROPRIATIONS 
                   FOR MEDICARE RURAL GRANT PROGRAM.

       Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by 
     striking ``2002'' and inserting ``2003''.

     SEC. 108. EXTENSION OF ENHANCED PAYMENTS FOR PSYCHIATRIC 
                   HOSPITALS.

       Section 1886(b)(2)(E)(i) (42 U.S.C. 1395ww(b)(2)(E)(i)) is 
     amended--
       (1) in subclause (I), by striking ``and'' at the end;
       (2) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subclause:
       ``(III) only in the case of a hospital or unit described in 
     clause (ii)(I), for a cost reporting period beginning on or 
     after October 1, 2002, and before September 30, 2003, 2 
     percent.''.

     SEC. 109. ADDITIONAL DELAY IN APPLICATION OF 15 PERCENT 
                   REDUCTION ON PAYMENT LIMITS FOR HOME HEALTH 
                   SERVICES.

       Section 1895(b)(3)(A)(i) (42 U.S.C. 1395fff(b)(3)(A)(i)) is 
     amended--
       (1) by redesignating subclause (III) as subclause (IV);
       (2) in subclause (IV), as redesignated, by striking 
     ``described in subclause (II)'' and inserting ``described in 
     subclause (III)''; and
       (3) by inserting after subclause (II) the following new 
     subclause:

       ``(III) For the 12-month period beginning after the period 
     described in subclause (II), such amount (or amounts) shall 
     be equal to the amount (or amounts) determined under 
     subclause (II), updated under subparagraph (B).''.

     SEC. 110. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH 
                   SERVICES FURNISHED IN A RURAL AREA.

       (a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533) 
     is amended--
       (1) by striking ``24-Month Increase Beginning April 1, 
     2001'' and inserting ``In General''; and
       (2) by striking ``April 1, 2003'' and inserting ``October 
     1, 2003''.
       (b) Conforming Amendment.--Section 547(c)(2) of BIPA (114 
     Stat. 2763A-553) is amended by striking ``the period 
     beginning on April 1, 2001, and ending on September 30, 
     2002,'' and inserting ``a period under such section''.

     SEC. 111. EXTENSION OF TEMPORARY INCREASE IN ADJUSTED FEDERAL 
                   PER DIEM RATE UNDER PPS FOR SKILLED NURSING 
                   FACILITIES.

       Section 101(d)(1) of the Medicare, Medicaid, and SCHIP 
     Balanced Budget Refinement Act of 1999 (Appendix F, 113 Stat. 
     1501A-325), as enacted into law by section 1000(a)(6) of 
     Public Law 106-113, is amended--
       (1) in the heading, by striking ``and 2002'' and inserting 
     ``, 2002, and 2003''; and
       (2) by striking ``and 2002'' and inserting ``, 2002, and 
     2003''.

     SEC. 112. EXTENSION OF INCREASE IN NURSING COMPONENT OF PPS 
                   FEDERAL RATE UNDER PPS FOR SKILLED NURSING 
                   FACILITIES.

       Section 312(a) of BIPA (114 Stat. 2763A-498) is amended by 
     striking ``October 1, 2002'' and inserting ``October 1, 
     2003''.

     SEC. 113. INCREASE IN RENAL DIALYSIS COMPOSITE RATE FOR 
                   SERVICES FURNISHED IN 2003.

       Notwithstanding any other provision of law, with respect to 
     payment under part B of title XVIII of the Social Security 
     Act for renal dialysis services furnished in 2003, the 
     composite payment rate otherwise established under section 
     1881(b)(7) of such Act (42 U.S.C. 1395rr(b)(7)) shall be 
     increased by 1.2 percent.

     SEC. 114. EXTENSION OF THE AUTHORIZATION FOR APPROPRIATIONS 
                   FOR VACCINES OUTREACH EXPANSION.

       Section 4107(b) of the Balanced Budget Act of 1997 (42 
     U.S.C. 1395x note) is amended by striking ``2002'' and 
     inserting ``2003''.

     SEC. 115. EXTENSION OF MORATORIUM ON THERAPY CAPS.

       Section 1833(g)(4) (42 U.S.C. 1395l(g)(4)) is amended by 
     striking ``and 2002'' and inserting ``2002, and 2003''.

[[Page S1258]]

     SEC. 116. INCREASE IN THE CONVERSION FACTOR FOR PAYMENTS 
                   UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.

       (a) In General.--Section 1848(d)(5)(A) of the Social 
     Security Act (42 U.S.C. 1395w-4(d)(5)(A)), as added by 
     section 402 of title IV of division N of this Act, is amended 
     by inserting ``increased by 2 percent'' after ``2002''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of such 
     section 402.

     SEC. 117. REVISION OF MEDICARE+CHOICE MINIMUM PERCENTAGE 
                   INCREASE.

       Section 1853(c)(1)(C) (42 U.S.C. 1395w-23(c)(1)(C)) is 
     amended by striking clause (iv) and inserting the following:
       ``(iv) For 2002, 102 percent of the annual Medicare+Choice 
     capitation rate under this paragraph for the area for 2001.
       ``(v) For 2003, 104 percent of the annual Medicare+Choice 
     capitation rate under this paragraph for the area for 2002.
       ``(vi) For 2004 and each succeeding year, 102 percent of 
     the annual Medicare+Choice capitation rate under this 
     paragraph for the area for the previous year.''.

                     TITLE II--MEDICAID PROVISIONS

     SEC. 201. EXTENSION OF MEDICARE COST-SHARING FOR PART B 
                   PREMIUM FOR CERTAIN ADDITIONAL LOW-INCOME 
                   MEDICARE BENEFICIARIES.

       Section 136 of Public Law 107-229, as added by section 5 of 
     Public Law 107-240, is amended by striking ``60 days after 
     the date specified in section 107(c) of Public Law 107-229, 
     as amended'' and inserting ``September 30, 2003''.

     SEC. 202. MEDICAID DSH ALLOTMENTS.

       (a) Continuation of BIPA Rule for Determination of 
     Allotments for Fiscal Year 2003.--
       (1) In general.--Section 1923(f)(4) (42 U.S.C. 1396r-
     4(f)(4)) is amended--
       (A) in the paragraph heading, by striking ``and 2002'' and 
     inserting ``through 2003'';
       (B) in subparagraph (A)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) in clause (ii), by striking the period and inserting 
     ``; and''; and
       (iii) by adding at the end the following:
       ``(iii) fiscal year 2003, shall be the DSH allotment 
     determined under clause (ii) increased, subject to 
     subparagraph (B) and paragraph (5), by the percentage change 
     in the consumer price index for all urban consumers (all 
     items; U.S. city average) for fiscal year 2002.''; and
       (C) in subparagraph (C)--
       (i) in the subparagraph heading, by striking ``2002'' and 
     inserting ``2003''; and
       (ii) by striking ``2003'' and inserting ``2004''.
       (2) Conforming amendments.--Section 1923(f)(3) (42 U.S.C. 
     1396r-4(f)(3)) is amended--
       (A) in the paragraph heading, by striking ``2003'' and 
     inserting ``2004''; and
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--The DSH allotment for any State--
       ``(i) for fiscal year 2004, is equal to the DSH allotment 
     determined for the State for fiscal year 2002 under the table 
     set forth in paragraph (2), increased, subject to 
     subparagraph (B) and paragraph (5), by the percentage change 
     in the Consumer Price Index for all urban consumers (all 
     items; U.S. city average), for fiscal year 2004; and
       ``(ii) for fiscal year 2005 and each succeeding fiscal 
     year, is equal to the DSH allotment determined for the State 
     for the preceding fiscal year under this paragraph, 
     increased, subject to subparagraph (B) and paragraph (5), by 
     the percentage change in the Consumer Price Index for all 
     urban consumers (all items; U.S. city average), for the 
     previous fiscal year.''.
       (b) Increase in Floor for Treatment as an Extremely Low DSH 
     State to 3 Percent in Fiscal Year 2003.--Section 1923(f)(5) 
     (42 U.S.C. 1396r-4(f)(5)) is amended--
       (1) by striking ``fiscal year 1999'' and inserting ``fiscal 
     year 2001'';
       (2) by striking ``Health Care Financing Administration'' 
     and inserting ``Centers for Medicare & Medicaid Services'';
       (3) by striking ``August 31, 2000'' and inserting ``August 
     31, 2002'';
       (4) by striking ``1 percent'' each place it appears and 
     inserting ``3 percent''; and
       (5) by striking ``fiscal year 2001'' and inserting ``fiscal 
     year 2003 (as determined under paragraph (4)(A)(iii))''.

             TITLE III--APPLICATION AND BUDGET SCOREKEEPING

     SEC. 301. APPLICATION OF PROVISIONS OF DIVISION.

       (a) Application Only To Last 6 Months of Fiscal Year 
     2003.--Except for the amendments made by sections 116 and 
     201, the provisions of, and amendments made by, this division 
     shall only apply to the Social Security Act, the Balanced 
     Budget Act of 1997, the Medicare, Medicaid, and SCHIP 
     Balanced Budget Refinement Act of 1999 (Appendix F, 113 Stat. 
     1501A-321), as enacted into law by section 1000(a)(6) of 
     Public Law 106-113, and BIPA during the period that begins on 
     April 1, 2003, and ends on September 30, 2003.
       (b) No Effect on Periods Beyond September 30, 2003.--All 
     provisions of, and amendments made by, this division shall 
     not apply after September 30, 2003, and, after such date, the 
     Social Security Act, the Balanced Budget Act of 1997, the 
     Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act 
     of 1999 (Appendix F, 113 Stat. 1501A-321), as enacted into 
     law by section 1000(a)(6) of Public Law 106-113, and BIPA 
     shall be applied and administered as if the provisions of, 
     and amendments made by, this division had not been enacted.

     SEC. 302. BUDGET SCOREKEEPING.

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217, the provisions of this division that would have been 
     estimated by the Office of Management and Budget as changing 
     direct spending or receipts under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 were they 
     included in an Act other than an appropriations Act shall be 
     treated as direct spending or receipts legislation, as 
     appropriate, under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and by the Chairmen of 
     the House and Senate Budget Committees, as appropriate, under 
     the Congressional Budget Act of 1974.
                                 ______
                                 
  SA 90. Ms. LANDRIEU submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 506, strike lines 3 through 9 and insert the 
     following:

     ``servation activities, $936,593,000, to remain available 
     until expended: Provided, That $322,300,000 shall be for use 
     in energy conservation grant programs as defined in section 
     3008(3) of Public Law 99-509 (15 U.S.C. 4507(3)): Provided 
     further, That notwithstanding section 3003(d)(2) of Public 
     Law 99-509 (15 U.S.C. 4502(d)(2)), such sums shall be 
     allocated to the eligible programs as follows: $277,300,000 
     for weath-''.
                                 ______
                                 
  SA 91. Mrs. CLINTON submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Homeland 
     Security Block Grant Act of 2003''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Grants to States, units of general local government and Indian 
              tribes; authorizations.
Sec. 5. Statement of activities and review.
Sec. 6. Activities eligible for assistance.
Sec. 7. Allocation and distribution of funds.
Sec. 8. State and regional planning communication systems.
Sec. 9. Nondiscrimination in programs and activities.
Sec. 10. Remedies for noncompliance with requirements.
Sec. 11. Reporting requirements.
Sec. 12. Consultation by Secretary.
Sec. 13. Interstate agreements or compacts; purposes.
Sec. 14. Matching requirements; suspension of requirements for 
              economically distressed areas.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) In the wake of the September 11, 2001, terrorist 
     attacks on our country, communities all across American now 
     find themselves on the front lines in the war against 
     terrorism on United States soil.
       (2) We recognize that these communities will be forced to 
     shoulder a significant portion of the burden that goes along 
     with that responsibility. We believe that local governments 
     should not have to bear that responsibility alone.
       (3) Our homeland defense will only be as strong as the 
     weakest link at the State and local level. By providing our 
     communities with the resources and tools they need to bolster 
     emergency response efforts and provide for other emergency 
     response initiatives, we will have a better-prepared home 
     front and a stronger America.

     SEC. 3. DEFINITIONS.

       (a) Definitions.--In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (2) City.--The term ``city'' means--
       (A) any unit of general local government that is classified 
     as a municipality by the United States Bureau of the Census; 
     or
       (B) any other unit of general local government that is a 
     town or township and which, in the determination of the 
     Secretary--
       (i) possesses powers and performs functions comparable to 
     those associated with municipalities;
       (ii) is closely settled; and
       (iii) contains within its boundaries no incorporated places 
     as defined by the United States Bureau of the Census that 
     have not entered into cooperation agreements with such town 
     or township to undertake or to assist in the performance of 
     homeland security objectives.
       (3) Federal grant-in-aid program.--The term ``Federal 
     grant-in-aid program'' means a program of Federal financial 
     assistance other than loans and other than the assistance 
     provided by this Act.

[[Page S1259]]

       (4) Indian tribe.--The term ``Indian tribe'' means any 
     Indian tribe, band, group, and nation, including Alaska 
     Indians, Aleuts, and Eskimos, and any Alaskan Native Village, 
     of the United States, which is considered an eligible 
     recipient under the Indian Self-Determination and Education 
     Assistance Act (Public Law 93-638) or was considered an 
     eligible recipient under chapter 67 of title 31, United 
     States Code, prior to the repeal of such chapter.
       (5) Metropolitan area.--The term ``metropolitan area'' 
     means a standard metropolitan statistical area as established 
     by the Office of Management and Budget.
       (6) Metropolitan city.--
       (A) In general.--The term ``metropolitan city'' means--
       (i) a city within a metropolitan area that is the central 
     city of such area, as defined and used by the Office of 
     Management and Budget; or
       (ii) any other city, within a metropolitan area, which has 
     a population of not less than 50,000.
       (B) Period of classification.--Any city that was classified 
     as a metropolitan city for at least 2 years pursuant to 
     subparagraph (A) shall remain classified as a metropolitan 
     city. Any unit of general local government that becomes 
     eligible to be classified as a metropolitan city, and was not 
     classified as a metropolitan city in the immediately 
     preceding fiscal year, may, upon submission of written 
     notification to the Secretary, defer its classification as a 
     metropolitan city for all purposes under this Act, if it 
     elects to have its population included in an urban county 
     under subsection (d).
       (C) Election by a city.--Notwithstanding subparagraph (B), 
     a city may elect not to retain its classification as a 
     metropolitan city. Any unit of general local government that 
     was classified as a metropolitan city in any year, may, upon 
     submission of written notification to the Secretary, 
     relinquish such classification for all purposes under this 
     Act if it elects to have its population included with the 
     population of a county for purposes of qualifying for 
     assistance (for such following fiscal year) under section 
     5(e) as an urban county.
       (7) Nonqualifying community.--The term ``nonqualifying 
     community'' means an area that is not a metropolitan city or 
     part of an urban county and does not include Indian tribes.
       (8) Population.--The term ``population'' means total 
     resident population based on data compiled by the United 
     States Bureau of the Census and referable to the same point 
     or period of time.
       (9) State.--The term ``State'' means any State of the 
     United States, or any instrumentality thereof approved by the 
     Governor; and the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, American Samoa, Guam, and the Northern 
     Mariana Islands.
       (10) Unit of general local government.--The term ``unit of 
     general local government'' means any city, county, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State; a combination of such political 
     subdivisions is recognized by the Secretary; and the District 
     of Columbia.
       (11) Urban county.--The term ``urban county'' means any 
     county within a metropolitan area.
       (b) Basis and Modification of Definitions.--Where 
     appropriate, the definitions in subsection (a) shall be 
     based, with respect to any fiscal year, on the most recent 
     data compiled by the United States Bureau of the Census and 
     the latest published reports of the Office of Management and 
     Budget available ninety days prior to the beginning of such 
     fiscal year. The Secretary may by regulation change or 
     otherwise modify the meaning of the terms defined in 
     subsection (a) in order to reflect any technical change or 
     modification thereof made subsequent to such date by the 
     United States Bureau of the Census or the Office of 
     Management and Budget.
       (c) Designation of Public Agencies.--One or more public 
     agencies, including existing local public agencies, may be 
     designated by the chief executive officer of a State or a 
     unit of general local government to undertake activities 
     assisted under this Act.
       (d) Local Governments, Inclusion in Urban County 
     Population.--With respect to program years beginning with the 
     program year for which grants are made available from amounts 
     appropriated for fiscal year 2002 under section 4, the 
     population of any unit of general local government which is 
     included in that of an urban county as provided in subsection 
     (a)(11) shall be included in the population of such urban 
     county for three program years beginning with the program 
     year in which its population was first so included and shall 
     not otherwise be eligible for a grant as a separate entity, 
     unless the urban county does not receive a grant for any year 
     during such three-year period.
       (e) Urban County.--Any county seeking qualification as an 
     urban county, including any urban county seeking to continue 
     such qualification, shall notify, as provided in this 
     subsection, each unit of general local government, which is 
     included therein and is eligible to elect to have its 
     population excluded from that of an urban county, of its 
     opportunity to make such an election. Such notification 
     shall, at a time and in a manner prescribed by the Secretary, 
     be provided so as to provide a reasonable period for response 
     prior to the period for which such qualification is sought. 
     The population of any unit of general local government which 
     is provided such notification and which does not inform, at a 
     time and in a manner prescribed by the Secretary, the county 
     of its election to exclude its population from that of the 
     county shall, if the county qualifies as an urban county, be 
     included in the population of such urban county as provided 
     in subsection (d).

     SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT 
                   AND INDIAN TRIBES; AUTHORIZATIONS.

       (a) Authorization.--The Secretary is authorized to make 
     grants to States, units of general local government, and 
     Indian tribes to carry out activities in accordance with the 
     provisions of this Act.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $3,000,000,000 for each of fiscal years 2003 through 2006, 
     and such sums as may be necessary thereafter, for the purpose 
     of carrying out the provisions under section 7.
       (2) State, regional, and local planning, training, and 
     communication systems.--There are authorized to be 
     appropriated $500,000,000 for each of fiscal years 2003 
     through 2006, and such sums as may be necessary thereafter, 
     for the purpose of carrying out the provisions under section 
     8.

     SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.

       (a) Application.--
       (1) In general.--Prior to the receipt in any fiscal year of 
     a grant under section 7(b) by any metropolitan city or urban 
     county, section 7(i) by any State, or section 7(i)(3) by any 
     unit of general local government, the grantee shall--
       (i) indicate its interest in receiving funds by preparing a 
     statement of homeland security objectives and projected use 
     of funds; and
       (ii) provide the Secretary with the certifications required 
     under paragraph (2) and, where appropriate, subsection (b).
       (2) Grantee statement.--
       (A) Contents.--
       (i) Local government.--In the case of metropolitan cities 
     or urban counties receiving grants under section 7(b) and 
     units of general local government receiving grants under 
     section 7(i)(3), the statement of projected use of funds 
     shall consist of proposed homeland security activities.
       (ii) States.--In the case of States receiving grants under 
     section 7(d), the statement of projected use of funds shall 
     consist of the method by which the States will distribute 
     funds to units of general local government.
       (B) Consultation.--In preparing the statement, the grantee 
     shall consult with appropriate law enforcement agencies and 
     emergency response authorities.
       (C) Final statement.--A copy of the final statement and the 
     certifications required under paragraph (3) and, where 
     appropriate, subsection (b) shall be furnished to the 
     Secretary and the Attorney General.
       (D) Modifications.--Any final statement of activities may 
     be modified or amended from time to time by the grantee in 
     accordance with the same procedures required in this 
     paragraph for the preparation and submission of such 
     statement.
       (3) Certification of enumerated criteria by grantee to 
     secretary.--Any grant under section 7 shall be made only if 
     the grantee certifies to the satisfaction of the Secretary 
     that--
       (A) it has developed a homeland security plan pursuant to 
     section 6(a)(8) that identifies both short- and long-term 
     homeland security needs that have been developed in 
     accordance with the primary objective and requirements of 
     this Act; and
       (B) the grantee will comply with the other provisions of 
     this Act and with other applicable laws.
       (b) Submission of Annual Performance Reports, Audits and 
     Adjustments.--
       (1) In general.--Each grantee shall submit to the 
     Secretary, at a time determined by the Secretary, a 
     performance and evaluation report concerning the use of funds 
     made available under section 7, together with an assessment 
     by the grantee of the relationship of such use to the 
     objectives identified in the grantee's statement under 
     subsection (a)(2).
       (2) Uniform reporting requirements.--
       (A) Recommendations by national associations.--The 
     Secretary shall encourage and assist national associations of 
     grantees eligible under section 7, national associations of 
     States, and national associations of units of general local 
     government in nonqualifying areas to develop and recommend to 
     the Secretary, within 1 year after the effective date of this 
     Act, uniform recordkeeping, performance reporting, evaluation 
     reporting, and auditing requirements for such grantees, 
     States, and units of general local government, respectively.
       (B) Establishment of uniform reporting requirements.--Based 
     on the Secretary's approval of the recommendations submitted 
     pursuant to subparagraph (A), the Secretary shall establish 
     uniform reporting requirements for grantees, States, and 
     units of general local government.
       (3) Reviews and audits.--The Secretary shall, at least on 
     an annual basis, make such reviews and audits as may be 
     necessary or appropriate to determine--
       (A) in the case of grants made under section 7(b), whether 
     the grantee has carried out its activities and, where 
     applicable, whether the grantee has carried out those 
     activities and its certifications in accordance with the 
     requirements and the primary

[[Page S1260]]

     objectives of this Act and with other applicable laws, and 
     whether the grantee has a continuing capacity to carry out 
     those activities in a timely manner; and
       (B) in the case of grants to States made under section 
     7(i), whether the State has distributed funds to units of 
     general local government in a timely manner and in 
     conformance to the method of distribution described in its 
     statement, whether the State has carried out its 
     certifications in compliance with the requirements of this 
     Act and other applicable laws, and whether the State has made 
     such reviews and audits of the units of general local 
     government as may be necessary or appropriate to determine 
     whether they have satisfied the applicable performance 
     criteria described in subparagraph (A).
       (4) Adjustments.--The Secretary may make appropriate 
     adjustments in the amount of the annual grants in accordance 
     with the Secretary's findings under this subsection. With 
     respect to assistance made available to units of general 
     local government under section 7(i)(3), the Secretary may 
     adjust, reduce, or withdraw such assistance, or take other 
     action as appropriate in accordance with the Secretary's 
     reviews and audits under this subsection, except that funds 
     already expended on eligible activities under this Act shall 
     not be recaptured or deducted from future assistance to such 
     units of general local government.
       (c) Audits.--Insofar as they relate to funds provided under 
     this Act, the financial transactions of recipients of such 
     funds may be audited by the General Accounting Office under 
     such rules and regulations as may be prescribed by the 
     Comptroller General of the United States. The representatives 
     of the General Accounting Office shall have access to all 
     books, accounts, records, reports, files, and other papers, 
     things, or property belonging to or in use by such recipients 
     pertaining to such financial transactions and necessary to 
     facilitate the audit.
       (d) Metropolitan City as Part of Urban County.--In any case 
     in which a metropolitan city is located, in whole or in part, 
     within an urban county, the Secretary may, upon the joint 
     request of such city and county, approve the inclusion of the 
     metropolitan city as part of the urban county for purposes of 
     submitting a statement under section 5 and carrying out 
     activities under this Act.

     SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE.

       (a) In General.--Activities assisted under this Act may 
     include--
       (1) funding additional law enforcement, fire, and emergency 
     resources, including covering overtime expenses;
       (2) purchasing and refurbishing personal protective 
     equipment for fire, police, and emergency personnel and 
     acquire state-of-the-art technology to improve communication 
     and streamline efforts;
       (3) improving cyber and infrastructure security by 
     improving--
       (A) security for water treatment plants, distribution 
     systems, other water infrastructure, nuclear power plants, 
     and other power infrastructure;
       (B) security for tunnels and bridges;
       (C) security for oil and gas pipelines and storage 
     facilities; and
       (D) security for chemical plants and transportation of 
     hazardous substances;
       (4) assisting Local Emergency Planning Committees so that 
     local public agencies can design, review, and improve 
     disaster response systems;
       (5) assisting communities in coordinating their efforts and 
     sharing information with all relevant agencies involved in 
     responding to terrorist attacks;
       (6) establishing timely notification systems that enable 
     communities to communicate with each other when a threat 
     emerges;
       (7) improving communication systems to provide information 
     to the public in a timely manner about the facts of any 
     threat and the precautions the public should take; and
       (8) devising a homeland security plan, including 
     determining long-term goals and short-term objectives, 
     evaluating the progress of the plan, and carrying out the 
     management, coordination, and monitoring of activities 
     necessary for effective planning implementation.
       (b) Costs Covered.--Grants received under section 7 may be 
     used to cover any costs related to the eligible activities 
     listed in this section that were incurred on or after 
     September 11, 2001.

     SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS.

       (a) Set-Aside for Indian Tribes.--
       (1) In general.--For each fiscal year, of the amount 
     appropriated for grants pursuant to section 4(b)(1) 
     (excluding the amounts provided for use in accordance with 
     section 6), the Secretary shall reserve 1 percent of the 
     amount so appropriated for grants to Indian tribes.
       (2) Selection of indian tribes.--
       (A) In general.--The Secretary shall provide for 
     distribution of amounts under this paragraph to Indian tribes 
     on the basis of a competition conducted pursuant to specific 
     criteria for the selection of Indian tribes to receive such 
     amounts.
       (B) Rulemaking.--The criteria shall be contained in a 
     regulation promulgated by the Secretary after notice and 
     public comment.
       (b) Allocation to Metropolitan Cities and Urban Counties.--
       (1) Allocation percentage.--Of the amount remaining after 
     allocations have been made to Indian tribes pursuant to 
     subsection (a), 70 percent shall be allocated by the 
     Secretary to metropolitan cities and urban counties.
       (2) Entitlement.--Except as otherwise specifically 
     authorized, each metropolitan city and urban county shall be 
     entitled to an annual grant, to the extent authorized beyond 
     fiscal year 2006, from such allocation in an amount not 
     exceeding its basic amount computed pursuant to this 
     subsections (c) and (d).
       (c) Computation of Amount Allocated to Metropolitan 
     Cities.--
       (1) Computation ratios.--The Secretary shall determine the 
     amount to be allocated to each metropolitan city, which shall 
     bear the same ratio to the allocation for all metropolitan 
     cities as the weighted average of--
       (A) the population of the metropolitan city divided by the 
     population of all metropolitan cities;
       (B) the potential risk, as it pertains to chemical 
     security, of the metropolitan city divided by the potential 
     risk, as it pertains to chemical security, of all 
     metropolitan cities;
       (C) the proximity of the metropolitan city to the nearest 
     operating nuclear power plant and the proximity of all 
     metropolitan cities to the nearest operating nuclear power 
     plant to each such city;
       (D) the proximity of the metropolitan city to the nearest 
     United States land or water port and the proximity of all 
     metropolitan cities to the nearest United States land or 
     water port to each such city;
       (E) the proximity of the metropolitan city to the nearest 
     international border and the proximity of all metropolitan 
     cities to the nearest international border to each such city; 
     and
       (F) the proximity of the metropolitan city to the nearest 
     Disaster Medical Assistance Team (referred to in this 
     subsection as ``DMAT'') and the proximity of all metropolitan 
     cities to the nearest DMAT to each such city.
       (2) Clarification of computation ratios.--
       (A) Relative weight of factors.--In determining the average 
     of the ratios under paragraph (1), the ratio involving 
     population shall constitute 50 percent of the formula in 
     calculating the allocation and the remaining factors shall be 
     equally weighted.
       (B) Potential risk as it pertains to chemical security.--If 
     a metropolitan city is within the vulnerable zone of a worst-
     case chemical release, as specified in the most recent risk 
     management plans filed with the Environmental Protection 
     Agency or another instrument developed by the Environmental 
     Protection Agency or the Homeland Security Department that 
     captures the same information for the same facilities, the 
     ratio under paragraph (1)(B) shall be 1 divided by the total 
     number of metropolitan cities that are within such a zone.
       (C) Proximity as it pertains to nuclear security.--If a 
     metropolitan city is located within 50 miles of an operating 
     nuclear power plant, as identified by the Nuclear Regulatory 
     Commission, the ratio under paragraph (1)(C) shall be 1 
     divided by the total number of metropolitan cities, not to 
     exceed 100, which are located within 50 miles of an operating 
     nuclear power plant.
       (D) Proximity as it pertains to port security.--If a 
     metropolitan city is located within 50 miles of 1 of the 100 
     largest United States ports, as stated by the Department of 
     Transportation, Bureau of Transportation Statistics, 
     United States Port Report by All Land Modes, or within 50 
     miles of one of the 30 largest United States water ports 
     by metric tons and value, as stated by the Department of 
     Transportation, Maritime Administration, United States 
     Foreign Waterborne Transportation Statistics, the ratio 
     under paragraph (1)(D) shall be 1 divided by the total 
     number of metropolitan cities that are located within 50 
     miles of a United States land or water port.
       (E) Proximity to International Borders.--If a metropolitan 
     city is located within 50 miles of an international border, 
     the ratio under paragraph (1)(E) shall be 1 divided by the 
     total number of metropolitan cities that are located within 
     50 miles of an international border.
       (F) Proximity to disaster medical assistance teams.--If a 
     metropolitan city is located within 50 miles of a DMAT, as 
     organized by the National Disaster Medical System through the 
     Department of Public Health, the ratio under paragraph (1)(F) 
     shall be 1 divided by the total number of metropolitan cities 
     that are located within 50 miles of a DMAT.
       (d) Computation of Amount Allocated to Urban Counties.--
       (1) Computation ratios.--The Secretary shall determine the 
     amount to be allocated to each urban county, which shall bear 
     the same ratio to the allocation for all urban counties as 
     the weighted average of--
       (A) the population of the urban county divided by the 
     population of all urban counties;
       (B) the potential risk, as it pertains to chemical 
     security, of the urban county divided by the potential risk, 
     as it pertains to chemical security, of all urban counties;
       (C) the proximity of the urban county to the nearest 
     operating nuclear power plant and the proximity of all urban 
     counties to the nearest operating nuclear power plant to each 
     such city;
       (D) the proximity of the urban county to the nearest United 
     States land or water port and the proximity of all urban 
     counties to

[[Page S1261]]

     the nearest United States land or water port to each such 
     city;
       (E) the proximity of the urban county to the nearest 
     international border and the proximity of all urban counties 
     to the nearest international border to each such city; and
       (F) the proximity of the urban county to the nearest 
     Disaster Medical Assistance Team (referred to in this 
     subsection as ``DMAT'') and the proximity of all urban 
     counties to the nearest DMAT to each such city.
       (3) Clarification of computation ratios.--
       (A) Relative weight of factors.--In determining the average 
     of the ratios under paragraph (1), the ratio involving 
     population shall constitute 50 percent of the formula in 
     calculating the allocation and the remaining factors shall be 
     equally weighted.
       (B) Potential risk as it pertains to chemical security.--If 
     a urban county is within the vulnerable zone of a worst-case 
     chemical release, as specified in the most recent risk 
     management plans filed with the Environmental Protection 
     Agency or another instrument developed by the Environmental 
     Protection Agency or the Homeland Security Department that 
     captures the same information for the same facilities, the 
     ratio under paragraph (1)(B) shall be 1 divided by the total 
     number of urban counties that are within such a zone.
       (C) Proximity as it pertains to nuclear security.--If a 
     urban county is located within 50 miles of an operating 
     nuclear power plant, as identified by the Nuclear Regulatory 
     Commission, the ratio under paragraph (1)(C) shall be 1 
     divided by the total number of urban counties, not to exceed 
     100, which are located within 50 miles of an operating 
     nuclear power plant.
       (D) Proximity as it pertains to port security.--If a urban 
     county is located within 50 miles of 1 of the 100 largest 
     United States ports, as stated by the Department of 
     Transportation, Bureau of Transportation Statistics, United 
     States Port Report by All Land Modes, or within 50 miles of 
     one of the 30 largest United States water ports by metric 
     tons and value, as stated by the Department of 
     Transportation, Maritime Administration, United States 
     Foreign Waterborne Transportation Statistics, the ratio under 
     paragraph (1)(D) shall be 1 divided by the total number of 
     urban counties that are located within 50 miles of a United 
     States land or water port.
       (E) Proximity to International Borders.--If a urban county 
     is located within 50 miles of an international border, the 
     ratio under paragraph (1)(E) shall be 1 divided by the total 
     number of urban counties that are located within 50 miles of 
     an international border.
       (F) Proximity to disaster medical assistance teams.--If a 
     urban county is located within 50 miles of a DMAT, as 
     organized by the National Disaster Medical System through the 
     Department of Public Health, the ratio under paragraph (1)(F) 
     shall be 1 divided by the total number of urban counties that 
     are located within 50 miles of a DMAT.
       (e) Exclusions.--
       (1) In general.--In computing amounts or exclusions under 
     subsection (d) with respect to any urban county, there shall 
     be excluded units of general local government located in the 
     county the populations that are not counted in determining 
     the eligibility of the urban county to receive a grant under 
     this subsection, except that there shall be included any 
     independent city (as defined by the Bureau of the Census) 
     which--
       (A) is not part of any county;
       (B) is not eligible for a grant;
       (C) is contiguous to the urban county;
       (D) has entered into cooperation agreements with the urban 
     county which provide that the urban county is to undertake or 
     to assist in the undertaking of essential community 
     development and housing assistance activities with respect to 
     such independent city; and
       (E) is not included as a part of any other unit of general 
     local government for purposes of this section.
       (2) Independent cities.--Any independent city that is 
     included in any fiscal year for purposes of computing amounts 
     pursuant to the preceding sentence shall not be eligible to 
     receive assistance under subsection (i) with respect to such 
     fiscal year.
       (f) Inclusions.--
       (1) Local government straddling county line.--In computing 
     amounts under subsection (d) with respect to any urban 
     county, there shall be included all of the area of any unit 
     of local government which is part of, but is not located 
     entirely within the boundaries of, such urban county if--
       (A) the part of such unit of local government that is 
     within the boundaries of such urban county would otherwise be 
     included in computing the amount for such urban county under 
     this section; and
       (B) the part of such unit of local government that is not 
     within the boundaries of such urban county is not included as 
     a part of any other unit of local government for the purpose 
     of this section.
       (2) Use of grant funds outside urban county.--Any amount 
     received under this section by an urban county described 
     under paragraph (1) may be used with respect to the part of 
     such unit of local government that is outside the boundaries 
     of such urban county.
       (g) Population.--
       (1) Effect of consolidation.--Where data are available, the 
     amount to be allocated to a metropolitan city that has been 
     formed by the consolidation of 1 or more metropolitan cities 
     within an urban county shall be equal to the sum of the 
     amounts that would have been allocated to the urban county or 
     cities and the balance of the consolidated government, if 
     such consolidation had not occurred.
       (2) Limitation.--Paragraph (1) shall apply only to a 
     consolidation that--
       (A) included all metropolitan cities that received grants 
     under this section for the fiscal year preceding such 
     consolidation and that were located within the urban county;
       (B) included the entire urban county that received a grant 
     under this section for the fiscal year preceding such 
     consolidation; and
       (C) took place on or after January 1, 2003.
       (3) Growth rate.--The population growth rate of all 
     metropolitan cities defined in section 3(a)(6) shall be based 
     on the population of--
       (A) metropolitan cities other than consolidated governments 
     the grant for which is determined under this paragraph; and
       (B) cities that were metropolitan cities before their 
     incorporation into consolidated governments.
       (4) Entitlement share.--For purposes of calculating the 
     entitlement share for the balance of the consolidated 
     government under this subsection, the entire balance shall be 
     considered to have been an urban county.
       (h) Reallocation.--
       (1) In general.--Except as provided in paragraph (2), any 
     amounts allocated to a metropolitan city or an urban county 
     pursuant to this section that are not received by the city or 
     county for a fiscal year because of failure to meet the 
     requirements of subsections (a) and (b) of section 5, or that 
     otherwise became available, shall be reallocated in the 
     succeeding fiscal year to the other metropolitan cities and 
     urban counties in the same metropolitan area that certify to 
     the satisfaction of the Secretary that they would be 
     adversely affected by the loss of such amounts from the 
     metropolitan area.
       (2) Ratio.--The amount of the share of funds reallocated 
     under this paragraph for any metropolitan city or urban 
     county shall bear the same ratio to the total of such 
     reallocated funds in the metropolitan area as the amount of 
     funds awarded to the city or county for the fiscal year in 
     which the reallocated funds become available bears to the 
     total amount of funds awarded to all metropolitan cities and 
     urban counties in the same metropolitan area for that fiscal 
     year.
       (3) Transfer.--Notwithstanding paragraphs (1) and (2), the 
     Secretary may upon request transfer responsibility to any 
     metropolitan city for the administration of any amounts 
     received, but not obligated, by the urban county in which 
     such city is located if--
       (A) such city was an included unit of general local 
     government in such county prior to the qualification of such 
     city as a metropolitan city;
       (B) such amounts were designated and received by such 
     county for use in such city prior to the qualification of 
     such city as a metropolitan city; and
       (C) such city and county agree to such transfer of 
     responsibility for the administration of such amounts.
       (i) Allocation to States on Behalf of Non-qualifying 
     Communities.--
       (1) In general.--Of the amount appropriated pursuant to 
     section 4 that remains after allocations pursuant to 
     subsections (a) and (b), 30 percent shall be allocated among 
     the States for use in nonqualifying communities.
       (2) Allocation ratio.--
       (A) Population-based.--The allocation for each State shall 
     be based on the population of that State, relative to the 
     populations of all States, excluding the population of 
     qualifying communities.
       (B) Pro-rata reduction.--The Secretary shall make a pro 
     rata reduction of each amount allocated to the nonqualifying 
     communities in each State under subparagraph (A) so that the 
     nonqualifying communities in each State will receive the same 
     percentage of the total amount available under this 
     subsection as the percentage that such communities would have 
     received if the total amount available had equaled the total 
     amount allocated under subparagraph (A).
       (3) Distribution.--
       (A) In general.--Amounts allocated under this subsection 
     shall be distributed to units of general local government 
     located in nonqualifying areas of the State to carry out 
     activities in accordance with the provisions of this Act--
       (i) by a State that has elected, in such manner and at such 
     time as the Secretary shall prescribe, to distribute such 
     amounts consistent with the statement submitted under section 
     5(a); or
       (ii) by the Secretary, if the State has not elected to 
     distribute such amounts.
       (B) Certification.--Before a State may receive or 
     distribute amounts allocated under this subsection, the State 
     must certify that--
       (i) with respect to units of general local government in 
     nonqualifying areas, the State--

       (I) provides, or will provide, technical assistance to 
     units of general local government in connection with homeland 
     security initiatives;
       (II) will not refuse to distribute such amounts to any unit 
     of general local government on the basis of the particular 
     eligible activity selected by such unit of general

[[Page S1262]]

     local government to meet its homeland security objectives, 
     except that this clause may not be considered to prevent a 
     State from establishing priorities in distributing such 
     amounts on the basis of the activities selected; and
       (III) has consulted with local elected officials from among 
     units of general local government located in nonqualifying 
     areas of that State in determining the method of distribution 
     of funds required by subparagraph (A); and

       (ii) each unit of general local government to be 
     distributed funds will be required to identify its homeland 
     security objectives, and the activities to be undertaken to 
     meet such objectives.
       (4) Minimum amount.--Each State shall be allocated in each 
     fiscal year authorized under this Act and under this section 
     not less than 0.75 percent of the total amount appropriated 
     in one fiscal year for grants made available to States under 
     this section, except that the American Samoa, Guam, and the 
     Northern Mariana Islands shall each be allocated 0.25 
     percent.
       (5) Administration.--
       (A) In general.--If a State receives and distributes 
     amounts under paragraph (1), the State shall be responsible 
     for the administration of funds so distributed. The State 
     shall pay for all administrative expenses incurred by the 
     State in carrying out its responsibilities under this Act, 
     except that from the amounts received for distribution in 
     nonqualifying areas, the State may deduct an amount to cover 
     such expenses and its administrative expenses not to exceed 
     the sum of $150,000 plus 50 percent of any such expenses 
     under this Act in excess of $150,000. Amounts deducted in 
     excess of $150,000 shall not exceed 2 percent of the amount 
     received under paragraph (1).
       (B) Distribution.--If the Secretary distributes amounts 
     under paragraph (1), the distribution shall be made in 
     accordance with determinations of the Secretary pursuant to 
     statements submitted and the other requirements of section 5 
     (other than subsection (c)) and in accordance with 
     regulations and procedures prescribed by the Secretary.
       (C) Reallocation.--
       (i) Failure to comply.--Any amounts allocated for use in a 
     State under paragraph (1) that are not received by the State 
     for any fiscal year because of failure to meet the 
     requirements of subsection (a) or (b) of section 5 shall be 
     added to amounts allocated to all States under paragraph (1) 
     for the succeeding fiscal year.
       (ii) Closeout.--Any amounts allocated for use in a State 
     under paragraph (1) that become available as a result of the 
     closeout of a grant made by the Secretary under this section 
     in nonqualifying areas of the State shall be added to amounts 
     allocated to the State under paragraph (1) for the fiscal 
     year in which such amounts become available.
       (6) Single unit.--Any combination of units of general local 
     governments may not be required to obtain recognition by the 
     Secretary pursuant to section 3(2) to be treated as a single 
     unit of general local government for purposes of this 
     subsection.
       (7) Deduction.--From the amounts received under paragraph 
     (1) for distribution in nonqualifying areas, the State may 
     deduct an amount, not to exceed 1 percent of the amount so 
     received, to provide technical assistance to local 
     governments.
       (8) Applicability.--Any activities conducted with amounts 
     received by a unit of general local government under this 
     subsection shall be subject to the applicable provisions of 
     this Act and other Federal law in the same manner and to the 
     same extent as activities conducted with amounts received by 
     a unit of general local government under subsection (a).
       (j) Qualifications and Determinations.--The Secretary may 
     fix such qualification or submission dates as he determines 
     are necessary to permit the computations and determinations 
     required by this section to be made in a timely manner, and 
     all such computations and determinations shall be final and 
     conclusive.
       (k) Pro Rata Reduction and Increase.--
       (1) Reduction.--If the total amount available for 
     distribution in any fiscal year to metropolitan cities and 
     urban counties under this section is insufficient to provide 
     the amounts to which metropolitan cities and urban counties 
     would be entitled under this section, and funds are not 
     otherwise appropriated to meet the deficiency, the Secretary 
     shall meet the deficiency through a pro rata reduction of all 
     amounts determined under this section.
       (2) Increase.--If the total amount available for 
     distribution in any fiscal year to metropolitan cities and 
     urban counties under this section exceeds the amounts to 
     which metropolitan cities and urban counties would be 
     entitled under this section, the Secretary shall 
     distribute the excess through a pro rata increase of all 
     amounts determined under this section.

     SEC. 8. STATE AND REGIONAL PLANNING; COMMUNICATIONS SYSTEMS.

       (a) Allocations.--Subject to appropriations authorized 
     under section 4(b)(2), $500,000,000 shall be allocated to 
     States, regional cooperations, and local communities, in 
     accordance with subsection (b) for--
       (1) homeland defense planning within the States;
       (2) homeland defense planning within the regions;
       (3) the development and maintenance of Statewide training 
     facilities and homeland security best-practices 
     clearinghouses; and
       (4) the development and maintenance of communications 
     systems that can be used between and among first responders, 
     including law enforcement, fire, and emergency medical 
     personnel.
       (b) Use of funds.--Of the amount allocated under subsection 
     (a)--
       (1) $325,000,000 shall be used by the States for homeland 
     defense planning and coordination within each State;
       (2) $50,000,000 shall be used by regional cooperations and 
     regional, multistate, or intrastate authorities for homeland 
     defense planning and coordination within each region;
       (3) $50,000,000 shall be used by the States to develop and 
     maintain Statewide training facilities and best-practices 
     clearinghouses; and
       (4) $75,000,000 shall be used by the States and local 
     communities to develop and maintain communications systems 
     that can be used between and among first responders at the 
     State and local level, including law enforcement, fire, and 
     emergency personnel.
       (c) Allocations to States.--
       (1) In general.--Funds under this section to be awarded to 
     States shall be allocated among the States based upon the 
     population for each State relative to the populations of all 
     States.
       (2) Minimum amount provision.--The provision in section 
     7(i)(4) relating to a minimum amount shall apply to funds 
     awarded under this section to States.
       (3) Local communications systems.--Not less than 30 percent 
     of the funds awarded under subsection (b)(4) shall be used 
     for the development and maintenance of local communications 
     systems.
       (d) Allocations to Regional Cooperations.--Funds under this 
     section to be awarded to regional cooperations and regional, 
     multistate, or intrastate authorities, shall be allocated 
     among the regional cooperations based upon the population of 
     the areas covered by the cooperations.

     SEC. 9. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.

       No person in the United States shall on the ground of race, 
     color, national origin, religion, or sex be excluded from 
     participation in, be denied the benefits of, or be subjected 
     to discrimination under any program or activity funded in 
     whole or in part with funds made available under this Act. 
     Any prohibition against discrimination on the basis of age 
     under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et 
     seq.) or with respect to an otherwise qualified handicapped 
     individual as provided in section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794) shall also apply to any such 
     program or activity.

     SEC. 10. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.

       If the Secretary finds after reasonable notice and 
     opportunity for hearing that a recipient of assistance under 
     this Act has failed to comply substantially with any 
     provision of this Act, the Secretary shall--
       (1) terminate payments to the recipient under this Act;
       (2) reduce payments to the recipient under this Act by an 
     amount equal to the amount of such payments which were not 
     expended in accordance with this Act; or
       (3) limit the availability of payments under this Act to 
     programs, projects, or activities not affected by such 
     failure to comply.

     SEC. 11. REPORTING REQUIREMENTS.

       (a) In General.--Not later than 180 days after the end of 
     each fiscal year in which assistance is awarded under this 
     Act, the Secretary shall submit to Congress a report which 
     shall contain--
       (1) a description of the progress made in accomplishing the 
     objectives of this Act;
       (2) a summary of the use of such funds during the preceding 
     fiscal year; and
       (3) a description of the activities carried out under 
     section 7.
       (b) Reports to Secretary.--The Secretary is authorized to 
     require recipients of assistance under this Act to submit to 
     such reports and other information as may be necessary in 
     order for the Secretary to comply with subsection (a).

     SEC. 12. CONSULTATION BY ATTORNEY GENERAL.

       In carrying out the provisions of this Act including the 
     issuance of regulations, the Secretary shall consult with the 
     Attorney General and other Federal departments and agencies 
     administering Federal grant-in-aid programs.

     SEC. 13. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.

       The consent of the Congress is hereby given to any 2 or 
     more States to enter into agreements or compacts, not in 
     conflict with any law of the United States, for cooperative 
     effort and mutual assistance in support of homeland security 
     planning and programs carried out under this Act as they 
     pertain to interstate areas and to localities within such 
     States, and to establish such agencies, joint or otherwise, 
     as they may deem desirable for making such agreements and 
     compacts effective.

     SEC. 14. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS 
                   FOR ECONOMICALLY DISTRESSED AREAS.

       (a) Requirement.--Grant recipients shall contribute from 
     funds, other than those received under this Act, 10 percent 
     of the total funds received under this Act. Such funds shall 
     be used in accordance with the grantee's statement of 
     homeland security objectives.
       (b) Economic Distress.--Grant recipients that are deemed 
     economically distressed

[[Page S1263]]

     shall be waived from the matching requirement set forth in 
     this section.
                                 ______
                                 
  SA 92. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 772, strike lines 10 through 23.
                                 ______
                                 
  SA 93. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1037, line 8, insert ``(a) Fruits and Vegetables.--
     '' before ``The''.
       On page 1037, between lines 12 and 13, insert the 
     following:
       (b) Avocado and Citrus Producers.--
       (1) In general.--The Secretary shall use $80,000,000 of 
     funds of the Commodity Credit Corporation to make payments, 
     as soon as practicable after the date of enactment of this 
     Act, to avocado and citrus producers that suffered economic 
     losses, including quality losses, as the result of the 
     imposition of quarantines to prevent the introduction of 
     fruit flies from Mexico into the State of California during 
     the 2002 or 2003 crop year, or both.
       (2) Amount.--The amount of payments for which producers are 
     eligible to receive payments under this subsection shall be 
     based an the value of avocados and citrus, as determined by 
     the Secretary.
       (3) Limitations.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall not establish a payment limitation, or 
     income eligibility limitation, with respect to payments made 
     under this subsection.
       (B) Payment quantities.--The Secretary may establish a 
     limitation on the maximum quantity of avocados or citrus for 
     which a producer may receive payments under this subsection.
       (4) Other federal assistance.--A producer shall be 
     ineligible for a payment under this subsection to the extent 
     that the producer received compensation or assistance for the 
     loss under any other Federal program, other than the Federal 
     crop insurance program established under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.).
                                 ______
                                 
  SA 94. Mr. BREAUX (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. MORGANZA, LOUISIANA, TO THE GULF OF MEXICO, 
                   MISSISSIPPI RIVER AND TRIBUTARIES.

       The project for hurricane and storm damage reduction, 
     Morganza, Louisiana, to the Gulf of Mexico, Mississippi River 
     and Tributaries, is authorized to be carried out by the 
     Secretary of the Army substantially in accordance with the 
     plans, and subject to the conditions, described in the Report 
     of the Chief of Engineers dated August 23, 2002, at a total 
     cost of $680,000,000, with an estimated Federal cost of 
     $442,000,000 and an estimated non-Federal cost of 
     $238,000,000.
                                 ______
                                 
  SA 95. Ms. LANDRIEU submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 313, line 14, strike the period and insert a colon 
     and the following: ``Provided, That, of the funds made 
     available pursuant to this section, not less than $6,000,000 
     shall be made available for the United States Agency for 
     International Development to use in support of programs 
     that--
       ``(1) promote the inclusion of a significant number of 
     women in future legislative bodies to ensure that women's 
     full range of human rights are included and upheld in any 
     constitution or legal structures of Afghanistan;
       ``(2) promote the continuation and strengthening of the 
     Ministry for Women's Affairs as the Government of Afghanistan 
     makes the transition to a long-term government structure, and 
     encourage the appointment of women to high-level positions 
     within the ministries of the Government of Afghanistan;
       ``(3) ensure that a significant portion of United States 
     development, humanitarian, and relief assistance is channeled 
     to local and United States-based Afghan women's 
     organizations;
       ``(4) provide technical assistance, training, and capacity-
     building for local women-based organizations to ensure that 
     United States funded efforts will be both effective and 
     sustainable;
       ``(5) promote multiyear women-centered economic development 
     programs, including programs to assist widows, female heads 
     of household, women in rural areas, and disabled women;
       ``(6) increase women's access to or ownership of productive 
     assets such as land, water, agricultural inputs, credit, and 
     property;
       ``(7) provide long-term financial assistance for primary, 
     secondary, higher, nontraditional, and vocational education 
     for Afghan girls, women, boys, and men;
       ``(8) provide financial assistance to build the health 
     infrastructure and to deliver high-quality comprehensive 
     health care programs, including primary, maternal, child, 
     reproductive, and mental health care; and
       ``(9) provide, in close consultation with women's 
     organizations in Afghanistan, training for the military and 
     police forces on the protection, rights, and the particular 
     needs of women, and emphasize that violations of women's 
     rights are intolerable and should be prosecuted:

     ``Provided further, That one year after the date of enactment 
     of this Act, the Administrator of the United States Agency 
     for International Development shall submit a report to 
     Congress that contains--
       ``(A) a detailed description of programs funded by the 
     United States Agency for International Development that are 
     carried out under the preceding proviso;
       ``(B) other programs of the United States Agency for 
     International Development that directly or indirectly benefit 
     women; and
       ``(C) barriers that remain for women in Afghanistan, 
     specifically in the protection of basic human rights, 
     education, reproductive health, legal rights, political 
     participation, and economic opportunity, and what types of 
     foreign assistance is necessary to ensure that these barriers 
     might be eliminated.''.
                                 ______
                                 
  SA 96. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 852, between lines 4 and 5, insert the following:

     SEC. 4__. DESIGNATION OF NATHANIEL R. JONES FEDERAL BUILDING 
                   AND UNITED STATES COURTHOUSE.

       (a) In General.--The Federal building and United States 
     courthouse located at 10 East Commerce Street in Youngstown, 
     Ohio, shall be known and designated as the ``Nathaniel R. 
     Jones Federal Building and United States Courthouse''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal building and United States courthouse referred to in 
     subsection (a) shall be deemed to be a reference to the 
     Nathaniel R. Jones Federal Building and United States 
     Courthouse.
                                 ______
                                 
  SA 97. Mr. NELSON of Florida (for himself and Mr. Daschle, Mr. Leahy, 
Mr. Durbin, and Mr. Biden) submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; as follows:

       At the appropriate place, insert the following:
       Sec.__. In addition to amounts appropriated by this Act 
     under the heading ``Public Law 480 Title II Grants'', there 
     is appropriated, out of funds in the Treasury not otherwise 
     appropriated, $600,000,000 for assistance for emergency 
     relief activities: Provided, That the amount appropriated 
     under this section shall remain available through September 
     30, 2004: Provided further, That the entire amount 
     appropriated under this section 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.
                                 ______
                                 
  SA 98. Mr. McCONNELL (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 366, line 26, strike ``this heading'' and insert in 
     lieu thereof: the heading ``Economic Support Fund''
                                 ______
                                 
  SA 99. Mr. McCONNELL (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 366, strike everything after ``the'' on line 3, 
     through ``Agency'' on line 4 and insert in lieu thereof:
       headings ``Trade and Development Agency'', ``International 
     Military Education and Training'', ``Foreign Military 
     Financing Program'', ``Migration and Refugee Assistance'', 
     and ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs''
                                 ______
                                 
  SA 100. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:


[[Page S1264]]


       On page 107, line 5, insert ``of which $10,000,000 will be 
     provided for the continuance of methamphetamine reduction 
     efforts'' before the semicolon.
                                 ______
                                 
  SA 101. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. ARMED FORCES MEMORIAL.

       (a) Definitions.--In this section:
       (1) Map.--The term ``map'' means the map referred to in 
     section 8902(a)(3) of title 40, United States Code.
       (2) Memorial.--The term ``memorial'' means the memorial 
     authorized to be established under subsection (b)(1).
       (b) Authority To Establish Memorial.--
       (1) In general.--The Pyramid of Remembrance Foundation may 
     establish a memorial on Federal land in the area depicted on 
     the map as ``Area II'' to honor members of the Armed Forces 
     of the United States who have lost their lives during 
     peacekeeping operations, humanitarian efforts, training, 
     terrorist attacks, or covert operations.
       (2) Compliance with standards for commemorative works.--
       (A) In general.--Except as provided in subparagraph (B), 
     the establishment of the memorial shall be in accordance with 
     chapter 89 of title 40, United States Code.
       (B) Exception.--Subsections (b) and (c) of section 8903 of 
     title 40, United States Code, shall not apply to the 
     establishment of the memorial.
       (c) Funds for Memorial.--
       (1) Use of federal funds prohibited.--Except as provided by 
     chapter 89 of title 40, United States Code, no Federal funds 
     may be used to pay any expense incurred from the 
     establishment of the memorial.
       (2) Deposit of excess funds.--The Pyramid of Remembrance 
     Foundation shall transmit to the Secretary of the Treasury 
     for deposit in the account provided for in section 8906(b)(1) 
     of title 40, United States Code--
       (A) any funds that remain after payment of all expenses 
     incurred from the establishment of the memorial (including 
     payment of the amount for maintenance and preservation 
     required under section 8906(b) of title 40, United States 
     Code); or
       (B) any funds that remain on expiration of the authority 
     for the memorial under section 8903(e) of title 40, United 
     States Code.
                                 ______
                                 
  SA 102. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. VALUE-ADDED PROJECTS FOR AGRICULTURAL 
                   DIVERSIFICATION.

       Of the amount of funds that are made available to producers 
     in the State of Vermont under section 524 of the Federal Crop 
     Insurance Act (7 U.S.C. 1524) for fiscal year 2003, the 
     Secretary of Agriculture shall make a grant of $200,000 to 
     the Northeast Center for Food Entrepreneurship at the 
     University of Vermont to support value-added projects that 
     contribute to agricultural diversification in the State, to 
     remain available until expended.
                                 ______
                                 
  SA 103. Mr. LEAHY (for himself, Mr. Harkin, and Ms. Stabenow) 
submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 1037, line 2, strike ``$250,000,000'' and insert 
     ``$552,000,000''.
                                 ______
                                 
  SA 104. Mr. LEAHY (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows;

       In the division relating to agriculture--
       (1) in the matter under the heading ``child nutrition 
     programs (including transfers of funds)'' under the heading 
     ``Food and Nutrition Service'' in title IV--
       (A) strike ``$5,834,506,000'' and insert 
     ``$6,386,506,000''; and
       (B) strike ``$4,745,663,000'' and insert 
     ``$4,193,663,000''; and
       (2) strike section 205.
                                 ______
                                 
  SA 105. Ms. LANDRIEU submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows;

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF SPECIAL COMMITTEE ON THE 
                   ORGANIZATION OF THE SENATE.

       (a) Establishment.--There is established a special 
     committee of the Senate, to be known as the Special Committee 
     on the Organization of the Senate (in this section referred 
     to as the ``Special Committee'').
       (b) Purposes.--The purposes of the Special Committee are--
       (1) to assist the Senate in addressing its organizational 
     structure in light of reorganization efforts in the Executive 
     Branch and the House of Representatives; and
       (2) to report to the Senate a set of recommendations as to 
     necessary changes in the committee structure of the Senate.
       (c) Composition.--
       (1) In general.--The Special Committee shall be composed 
     of--
       (A) the Majority Leader and the Minority Leader;
       (B) 5 members of the Senate appointed by the Majority 
     Leader; and
       (C) 5 members of the Senate appointed by the Minority 
     Leader.
       (2) Cochairmen.--The Majority and Minority Leaders of the 
     Senate shall each designate 1 member of the Special Committee 
     as cochairman.
       (d) Powers.--
       (1) In general.--For the purposes of this resolution, the 
     Special Committee is authorized--
       (A) to make investigations into any matter within its 
     general purposes;
       (B) to make expenditures from the contingent fund of the 
     Senate;
       (C) to employ personnel;
       (D) to hold hearings;
       (E) to sit and act at any time or place during the 
     sessions, recesses, and adjourned periods of the Senate;
       (F) to procure the service of individual consultants or 
     organizations thereof, in accordance with the provisions of 
     section 202(i) of the Legislative Reorganization Act of 1946;
       (G) to publish and report the findings of the Special 
     Committee; and
       (H) to take depositions and other testimony.
       (2) Administration of oaths.--A cochairman of the Special 
     Committee or any member thereof may administer oaths to 
     witnesses.
       (e) Reports.--
       (1) To the senate.--Not later than 1 year after the date of 
     enactment of this section, the Special Committee shall issue 
     a final report of recommendations to the full Senate.
       (2) Preliminary reports.--The Special Committee may issue 
     such preliminary reports and recommendations as the 
     cochairmen deem appropriate.
                                 ______
                                 
  SA 106. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows;

       At the appropriate place, insert the following:

     SEC. __. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.

       (a) Amendment to the Homeland Security Act.--Section 457 of 
     the Homeland Security Act of 2002 (Public Law 107-296) is 
     amended to read as follows:

     ``SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.

       ``(a) Amendment to the Immigration and Nationality Act.--
     Section 286(m) of the Immigration and Nationality Act (8 
     U.S.C. 1356(m)) is amended by striking `services, including 
     the costs of similar services provided without charge to 
     asylum applicants or other immigrants' and inserting 
     `services'.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to the Attorney General or the Secretary, as may be 
     appropriate, such funds as may be necessary to compensate for 
     the loss of any funds for adjudication services by reason of 
     the operation of the amendment made by subsection (a), 
     including funds necessary--
       ``(A) to carry out the provisions of sections 207 through 
     209 of the Immigration and Nationality Act (8 U.S.C. 1157-
     59); and
       ``(B) to provide fee waivers or exemptions to applicants 
     and petitioners.
       ``(2) Availability of funds.--Funds appropriated pursuant 
     to paragraph (1) are authorized to remain available until 
     expended.
       ``(c) Statutory Construction.--Nothing section 286(m) of 
     the Immigration and Nationality Act, as amended by subsection 
     (a), or any other provision of law, shall be construed to 
     require the reduction of any fee, or the foregoing of any 
     increase in any fee, for adjudication services that is 
     otherwise authorized under such section 286(m) or any other 
     provision of law, until the date that is 90 days after the 
     date on which funds are specifically appropriated and made 
     available under subsection (b) in an amount equal to the 
     amount of such proposed reduction or foregone increase for 
     any fiscal year.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     of this section shall be effective as if it were included in 
     the enactment of the Homeland Security Act of 2002 (Public 
     Law 107-296).
                                 ______
                                 
  SA 107. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for

[[Page S1265]]

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

       At the appropriate place, insert the following new section:

     SEC. __. RESTORATION OF PROVISION REGARDING FEES TO COVER THE 
                   FULL COSTS OF ALL ADJUDICATION SERVICES.

       The Homeland Security Act of 2002 is amended by striking 
     section 457, including the amendment made by such section.
                                 ______
                                 
  SA 108. Ms. CANTWELL (for herself and Mr. Nelson) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 549, between lines 14 and 15, insert the following:
       In addition to any amounts otherwise appropriated under 
     this Act for title I of the Workforce Investment Act of 1998 
     (29 U.S.C. 2801 et seq.), $678,551,000 is appropriated to 
     carry out that Act, of which--
       (1) $156,965,000 (which is available for obligation for the 
     period April 1, 2003 through June 30, 2004) shall be for 
     making allotments and grants in accordance with subparagraphs 
     (B) and (C) of section 127(b)(1) of that Act (29 U.S.C. 
     2852(b)(1)) (relating to youth activities);
       (2) $76,000,000 (which is available for obligation for the 
     period July 1, 2003 through June 30, 2004) shall be for 
     making allotments and grants in accordance with section 
     132(b)(1) of that Act (29 U.S.C. 2862(b)(1)) (relating to 
     employment and training activities for adults);
       (3) $206,096,000 (which is available for obligation for the 
     period July 1, 2003 through June 30, 2004) shall be for 
     making allotments and grants in accordance with section 
     132(b)(2) of that Act (29 U.S.C. 2862(b)(2)) (relating to 
     employment and training activities for dislocated workers);
       (4) $181,890,000 (which is available for obligation for the 
     period April 1, 2003 through June 30, 2004) shall be for use 
     under section 169 of that Act (29 U.S.C. 2914) (relating to 
     youth opportunity grants); and
       (5) $57,600,000 (which is available for obligation for the 
     period July 1, 2003 through June 30, 2006) shall be for 
     carrying out subtitle C of title I of that Act (29 U.S.C. 
     2881 et seq.) (relating to the Job Corps).

     Notwithstanding any other provision of this Act, funds 
     provided under the preceding sentence shall not result in a 
     further across-the-board rescission under section 601 of 
     division N.
                                 ______
                                 
  SA 109. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. IMPERIAL PROJECT.

       Notwithstanding any other provision of law, none of the 
     funds provided by this Act or any other Act for any fiscal 
     year may be used by the Secretary of the Interior to approve 
     the plan of operations submitted by the Glamis Imperial 
     Corporation for the Imperial project, an open-pit gold mine 
     located on public land administered by the Bureau of Land 
     Management in Imperial County, California.
                                 ______
                                 
  SA 110. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING SOUTHERN CALIFORNIA 
                   OFFSHORE OIL LEASES.

       (a) Findings.--Congress finds that--
       (1) there are 36 undeveloped oil leases on land in the 
     southern California planning area of the outer Continental 
     Shelf that--
       (A) have been under review by the Secretary of the Interior 
     for an extended period of time, including some leases that 
     have been under review for over 30 years; and
       (B) have not been approved for development under the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
       (2) the oil companies that hold the 36 leases--
       (A) have expressed an interest in retiring the leases in 
     exchange for equitable compensation; and
       (B) are engaged in settlement negotiations with the 
     Secretary of the Interior for the retirement of the leases; 
     and
       (3) it would be a waste of the taxpayer's money to continue 
     the process for approval or permitting of the 36 leases while 
     the Secretary of the Interior and the lessees are negotiating 
     to retire the leases.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that no funds made available by this Act or any other Act for 
     any fiscal year should be used by the Secretary of the 
     Interior to approve any exploration, development, or 
     production plan for, or application for a permit to drill on, 
     the 36 undeveloped leases in the southern California planning 
     area of the outer Continental Shelf during any period in 
     which the lessees are engaged in settlement negotiations with 
     the Secretary of the Interior for the retirement of the 
     leases.
                                 ______
                                 
  SA 111. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the division making 
     appropriations for the Department of Agriculture, insert the 
     following:

     SEC. __. ASSISTANCE TO AGRICULTURAL PRODUCERS THAT HAVE USED 
                   WATER FOR IRRIGATION FROM RIO GRANDE RIVER.

       (a) In General.--The Secretary of Agriculture shall use 
     $10,000,000 of the funds of the Commodity Credit Corporation 
     to make a grant to the State of Texas, acting through the 
     Texas Department of Agriculture, to provide assistance to 
     agricultural producers in the State of Texas with farming 
     operations along the Rio Grande River that have suffered 
     economic losses during the 2002 crop year due to the failure 
     of Mexico to deliver water to the United States in accordance 
     with the Treaty Relating to the Utilization of Waters of the 
     Colorado and Tijuana Rivers and of the Rio Grande, and 
     Supplementary Protocol signed November 14, 1944, signed at 
     Washington on February 3, 1944 (59 Stat. 1219; TS 944).
       (b) Amount.--The amount of assistance provided to 
     individual agricultural producers under this section shall be 
     proportional to the amount of actual losses described in 
     subsection (a) that were incurred by the producers.
                                 ______
                                 
  SA 112. Mr. BUNNING (for himself and Mr. Santorum) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the general provisions relating to the 
     Department of Health and Human Services, insert the 
     following:

     SEC. __. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.

       (a) In General.--The Secretary of Health and Human Services 
     may make grants for the purchase of ultrasound equipment. 
     Such ultrasound equipment shall be used by the recipients of 
     such grants to provide, under the direction and supervision 
     of a licensed physician, free ultrasound examinations to 
     pregnant woman needing medical services.
       (b) Eligibility Requirements.--An entity may receive a 
     grant under subsection (a) only if the entity meets the 
     following conditions:
       (1) Nonprofit, tax exempt organization.--The entity is a 
     nonprofit private organization that is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and is exempt 
     from tax under section 501(a) of such Code.
       (2) Clinic.--The entity operates as a community-based 
     pregnancy help medical clinic.
       (3) Qualified entity.--The entity is legally qualified to 
     provide medical services to pregnant women and is in 
     compliance with all Federal, State, and local requirements 
     for the provision of such services.
       (4) Procedures.--The entity agrees to comply with the 
     following medical procedures:
       (A) Image and description.--Each pregnant woman upon whom 
     the ultrasound equipment is used will be shown the visual 
     image of the embryo or fetus involved from the ultrasound 
     examination and will be given a general anatomical and 
     physiological description of the characteristics of the 
     embryo or fetus.
       (B) Age.--Each pregnant woman will be given, according to 
     the best medical judgment of the physician or physician's 
     agent performing the ultrasound examination, the approximate 
     age of the embryo or fetus considering the number of weeks 
     elapsed from the probable time of the conception of the 
     embryo or fetus, based upon the information provided by the 
     woman as to the time of her last menstrual period, her 
     medical history, a physical examination, or appropriate 
     laboratory tests.
       (C) Information on options.--Each pregnant woman will be 
     given information on abortion and alternatives to abortion 
     such as childbirth and adoption and information concerning 
     public and private agencies that will assist women choosing 
     those alternatives.
       (D) Insurance.--The entity will obtain and maintain medical 
     malpractice insurance in an amount not less than $1,000,000, 
     and such insurance will cover all activities relating to the 
     use of the ultrasound machine purchased with the grant under 
     subsection (a).
       (5) Multiple revenue sources.--The entity does not receive 
     more than 30 percent of its gross annual revenue from a 
     single source or donor.
       (c) Limitation on Individual Grant Amount.--No grant made 
     under subsection (a) may be made in an amount that exceeds 
     the lesser of--
       (1) an amount equal to 50 percent of the purchase price 
     cost of the ultrasound machine involved; or
       (2) $20,000.
       (d) Application for Grant.--To be eligible to receive a 
     grant under subsection (a), an

[[Page S1266]]

     entity shall submit an application to the Secretary in such 
     form, in such manner, and containing such agreements, 
     assurances, and information as the Secretary determines to be 
     necessary to carry out this section.
       (e) Annual Report to Secretary.--The Secretary may make a 
     grant under subsection (a) only if the applicant for the 
     grant agrees to report on an annual basis to the Secretary, 
     in such form and manner as the Secretary may require, on the 
     ongoing compliance of the applicant with the eligibility 
     conditions established in subsection (b).
       (f) Definitions.--In this section:
       (1) Community-based pregnancy help medical clinic.--The 
     term ``community-based pregnancy help medical clinic'' means 
     an entity that--
       (A) provides free medical services to pregnant women under 
     the direction and supervision of a licensed physician who 
     serves as the medical director for such clinic; and
       (B) does not charge for any services rendered to its 
     clients, whether or not such services are for pregnancy-
     related matters.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (g) Appropriations and Offset.--
       (1) Appropriations.--There is appropriated to carry out 
     this section $5,000,000 for fiscal year 2003.
       (2) Offset.--Of the amount appropriated or otherwise made 
     available by title III of division K for the National 
     Aeronautics and Space Administration, the amount available 
     for the Origins program under the Office of Space Sciences is 
     hereby reduced by $5,000,000.
                                 ______
                                 
  SA 113. Mr. KOHL submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SAVINGS PROVISION OF CERTAIN TRANSFERS MADE UNDER 
                   THE HOMELAND SECURITY ACT OF 2002.

       The transfer of functions under subtitle B of title XI of 
     the Homeland Security Act of 2003 (Public Law 107-296) shall 
     not affect any pending or completed administrative actions, 
     including orders, determinations, rules, regulations, 
     personnel actions, permits, agreements, grants, contracts, 
     certificates, licenses, or registrations, in effect on the 
     date immediately prior to the date of such transfer, or any 
     proceeding, unless and until amended, modified, superseded, 
     terminated, set aside, or revoked. Pending civil actions 
     shall not be affected by such transfer of functions.
                                 ______
                                 
  SA 114. Mr. JEFFORDS (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division I, insert the 
     following:
       Sec. __. The amendments made by section 890 of the Homeland 
     Security Act of 2002, relating to the Air Transportation 
     Safety and Systems Stabilization Act, are repealed and the 
     Air Transportation Safety and Systems Stabilization Act shall 
     be applied as if such amendments had not been enacted.
                                 ______
                                 
  SA 115. Mr. JEFFORDS (for himself and Mr. Schumer) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 180, line 25, strike ``$566,500,000'' and insert 
     ``$750,000,000''.
                                 ______
                                 
  SA 116. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes, which 
was ordered to lie on the table, as follows:

       At the appropriate place in Division A insert:
       Sec.   . Notwithstanding any other provision of law, the 
     Secretary of Agriculture shall use the funds, facilities, and 
     authorities of the Commodity Credit Corporation to ensure 
     that United States contributions for international 
     humanitarian food assistance for each fiscal year 2003 and 
     2004 shall be no less than the previous five year average 
     beginning on the date of enactment of this Act.
                                 ______
                                 
  SA 117. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:
       Sec. 602. The rescission requirements in section 601(a) 
     shall not apply with respect to the budget authority provided 
     for amounts appropriated by title I of division K for the 
     Department of Veterans Affairs for the Veterans Health 
     Administration for Medical Care, or to any amounts 
     appropriated pursuant to that budget authority.
                                 ______
                                 
  SA 118. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. TRANSFER OF FOREST LEGACY PROGRAM LAND.

       Section 7(l) of the Cooperative Forestry Assistance Act of 
     1978 (16 U.S.C. 2103c(l)) is amended by inserting after 
     paragraph (2) the following:
       ``(3) Transfer of forest legacy program land.--
       ``(A) In general.--Subject to any terms and conditions that 
     the Secretary may require (including the requirements 
     described in subparagraph (B)), the Secretary may, at the 
     request of a participating State, convey to the State, by 
     quitclaim deed, without consideration, any land or interest 
     in land acquired in the State under the Forest Legacy 
     Program.
       ``(B) Requirements.--In conveying land or an interest in 
     land under subparagraph (A), the Secretary may require that--
       ``(i) the deed conveying the land or interest in land 
     include requirements for the management of the land in a 
     manner that--

       ``(I) conserves the land or interest in land; and
       ``(II) is consistent with any other Forest Legacy Program 
     purposes for which the land or interest in land was acquired;

       ``(ii) if the land or interest in land is subsequently 
     sold, exchanged, or otherwise disposed of by the State, the 
     State shall--

       ``(I) reimburse the Secretary in an amount that is based on 
     the current market value of the land or interest in land in 
     proportion to the amount of consideration paid by the United 
     States for the land or interest in land; or
       ``(II) convey to the Secretary land or an interest in land 
     that is equal in value to the land or interest in land 
     conveyed.

       ``(C) Disposition of funds.--Amounts received by the 
     Secretary under subparagraph (B)(ii) shall be credited to the 
     Forest Legacy Program account, to remain available until 
     expended.''.
                                 ______
                                 
  SA 119. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. In addition to amounts otherwise appropriated in 
     this Act, there are appropriated $1,600,000,000 to enable the 
     Department of Health and Human Services to enhance the 
     preparedness of the United States to respond effectively to 
     acts of bioterrorism, of which--
       (1) $850,000,000 shall be made available for grants to 
     States and local communities for the costs of smallpox 
     vaccination programs; and
       (2) $750,000,000 shall be made available to extend the 
     Vaccine Injury Compensation Program under title XXI of the 
     Public Health Service Act (42 U.S.C. 300aa-1 et seq.) to 
     cover those individuals who experience injuries or other 
     hardships resulting from the administration of vaccinia virus 
     or other countermeasures against smallpox.
                                 ______
                                 
  SA 120. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. In addition to amounts otherwise appropriated in 
     this Act, there are appropriated $2,875,000,000 to enable the 
     Department of Health and Human Services to enhance the 
     preparedness of the United States to respond effectively to 
     acts of bioterrorism, of which--
       (1) $850,000,000 shall be made available for grants to 
     States and local communities for the costs of smallpox 
     vaccination programs;
       (2) $750,000,000 shall be made available to extend the 
     Vaccine Injury Compensation Program under title XXI of the 
     Public Health Service Act (42 U.S.C. 300aa-1 et seq.) to 
     cover those individuals who experience injuries or other 
     hardships resulting from the administration of vaccinia virus 
     or other countermeasures against smallpox;
       (3) $1,250,000 shall be made available to improve the 
     preparedness of hospitals for bioterrorism; and
       (4) $25,000,000 shall be made available to the Centers for 
     Disease Control and Prevention to enhance control of 
     biological agents and toxins as described under section 351A 
     of the Public Health Service Act.
                                 ______
                                 
  SA 121. Mr. KENNEDY submitted an amendment intended to be proposed by

[[Page S1267]]

him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1047, between lines 19 and 20, insert the 
     following:
       Sec. 404. (a) Section 1886(d)(5)(B)(ii) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended--
       (1) in subclause (V), by adding ``and'' at the end; and
       (2) by striking subclauses (VI) and (VII) and inserting the 
     following:
       ``(VI) on or after October 1, 2001, `c' is equal to 1.6.''.
       (b) Section 1886(d)(2)(C)(i) of the Social Security Act (42 
     U.S.C. 1395ww(d)(2)(C)(i)) is amended--
       (1) by striking ``1999 or'' and inserting ``1999,''; and
       (2) by inserting ``, or of section 404 of division N of the 
     Joint Resolution entitled `Joint Resolution making further 
     continuing appropriations for the fiscal year 2003, and for 
     other purposes' after ``2000''.
                                 ______
                                 
  SA 122. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 59, line 14, insert before the period the 
     following: ``: Provided further, That an additional 
     $13,603,766 shall be appropriated for the Food and Drug 
     Administration and shall be made available for the review of 
     medical devices, and such amount shall be in addition to any 
     other amounts appropriated in this Act for such activities: 
     Provided further, that amounts made available under this Act 
     for the administrative and related expenses for departmental 
     management for the Department of Health and Human Services 
     shall be reduced on pro rata basis by $13,603,766''.
                                 ______
                                 
  SA 123. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) In General.--In addition to amounts otherwise 
     appropriated in this Act, there are appropriated 
     $584,646,000, of which--
       (1) $43,492,000 shall be made available to the National 
     Center on Minority Health and Health Disparities;
       (2) $21,015,000 shall be made available to the Office of 
     Minority Health of the Department of Health and Human 
     Services;
       (3) $15,334,000 shall be made available to the Office for 
     Civil Rights of the Department of Health and Human Services 
     for discrimination-related enforcement and allocated to 
     enforcement actions and the investigation of complaints and 
     potential violations of law relating to discrimination and 
     racial disparities in health care;
       (4) $491,500,000 shall be made available to the Department 
     of Health and Human Services for research and activities 
     under the Minority HIV/AIDS initiative; and
       (5) $13,305,000 shall be made available to the Health 
     Resources and Services Administration for Health Professions 
     Training for Diversity programs.
       (b) Office of Minority Health.--The amount appropriated 
     under subsection (a)(2), shall be made available to the 
     Office of Minority Health of the Department of Health and 
     Human Services to be used for activities including--
       (1) to undertake, through and in collaboration with the 
     Public Health Service agencies, a coordinated Federal 
     initiative to reduce racial and ethnic disparities in health, 
     particularly in the six focus areas of infant mortality, 
     cancer screening and management, cardiovascular disease, 
     diabetes, HIV/AIDS, and immunizations;
       (2) to increase funding for minority health initiatives and 
     collaborations at the multi-State, State, and local level 
     that employ proven public health strategies to reduce health 
     disparities in specific minority populations;
       (3) to expand Federal efforts and assist States in the 
     collection and analysis of health status data that includes 
     standard racial and ethnic data;
       (4) to conduct or support research on effective health 
     interventions in minority communities;
       (5) to assist in the development and dissemination of cross 
     cultural curricula for the training of health professionals;
       (6) to provide technical assistance to States to improve 
     public health infrastructures and outreach for health 
     disparity populations; and
       (7) to sponsor National Forums on African American Health 
     Care, Latino Health Care, Asian American Health Care, and 
     Native American Health Care.
                                 ______
                                 
  SA 124. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 620, between lines 18 and 19, insert the following:

     SEC. __. PELL GRANT FUNDING.

       (a) Additional Appropriations.--Notwithstanding any other 
     provision of this Act, the following sums are appropriated, 
     out of any money in the Treasury not otherwise appropriated 
     for the fiscal year ending September 30, 2003, for an 
     additional amount for ``Student Financial Assistance'' for 
     carrying out subpart 1 of part A of title IV of the Higher 
     Education Act of 1965, $1,350,000,000 to remain available 
     through September 30, 2004.
       (b) Maximum Pell Grant.--Notwithstanding any other 
     provision of this Act, the maximum Pell Grant for which a 
     student shall be eligible during award year 2003-2004 shall 
     be $4,500.
       (c) Across-the-Board Rescission.--Notwithstanding any other 
     provision of this Act, funds provided under subsections (a) 
     and (b) shall not result in a further across-the-board 
     rescission under section 601 of Division N.
                                 ______
                                 
  SA 125. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 620, between lines 18 and 19, insert the following:

     SEC. __. ADDITIONAL FUNDING FOR EDUCATION.

       (a) In General.--Notwithstanding any other provision of 
     this Act, in lieu of any amounts otherwise appropriated under 
     this Act for part A of title II of the Elementary and 
     Secondary Education Act of 1965, the following sums are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated for the fiscal year ending September 30, 2003, 
     $3,500,000,000 for carrying out such part, to remain 
     available through September 30, 2004.
       (b) Across-the-Board Rescission.--Notwithstanding any other 
     provision of this Act, funds provided under subsection (a) 
     shall not result in a further across-the-board rescission 
     under section 601 of Division N.
                                 ______
                                 
  SA 126. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003; and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     ``SEC.  PERMANENT AUTHORITY TO OPERATE THE STRATEGIC 
                   PETROLEUM RESERVE AND OTHER ENERGY PROGRAMS

       (a) Amendment to Title I of the Energy Policy and 
     Conservation Act.--Title I of the Energy Policy and 
     Conservation Act (42 U.S.C. 6211 et seq.) is amended--
       (1) by striking section 166 (42 U.S.C. 6246) and 
     inserting--


                   ``AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 166. There are authorized to be appropriated to the 
     Secretary such sums as may be necessary to carry out this 
     part and part D, to remain available until expended.'';
       (2) by striking section 186 (42 U.S.C. 6250e); and
       (3) by striking part E (42 U.S.C. 6251; relating to the 
     expiration of title I of the Act).
       (b) Amendment to Title II of the Energy Policy and 
     Conservation Act.--Title II of the Energy Policy and 
     Conservation Act (42 U.S.C. 6271 et seq.) is amended--
       (1) by striking section 256(h) (42 U.S.C. 6276(h)) and 
     inserting--
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this part, to remain available 
     until expended.'';
       (2) by inserting before section 273 (42 U.S.C. 6283) the 
     following:)

          ``Part C--Summer Fill and Fuel Budgeting Programs'';

       (3) by striking section 273(e) (42 U.S.C. 6283(e); relating 
     to the expiration of summer fill and fuel budgeting 
     programs); and
       (4) by striking part D (42 U.S.C. 6285; relating to the 
     expiration of title II of the Act).
       (c) Technical Amendments.--The table of contents for the 
     Energy Policy and Conservation Act is amended--
       (1) by amending the items relating to part D of title I to 
     read as follows:

              ``Part D--Northwest Home Heating Oil Reserve

``Sec 181. Establishment.
``Sec. 182. Authority.
``Sec. 183. Conditions for release; plan.
``Sec. 184. Northeast Home Heating Oil Reserve Account.
``Sec. 185. Exemptions.'';
       ``(2) by amending the items relating to part C of title II 
     to read as follows:

           ``Part C--Summer Fill and Fuel Budgeting Programs

``Sec. 273. Summer fill and fuel budgeting programs.''; and

       (3) by striking the items relating to part D of title II.
       (d) Section 183(b)(1) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6250b(b)(1)) is amended by inserting 
     ``(considered as a heating season average)'' ``mid-October'' 
     through March''.

[[Page S1268]]

       (e) Full Capacity.--The President shall--
       (1) fill the Strategic Petroleum Reserve established 
     pursuant to part B of title I of the Energy Policy and 
     Conservation Act (42 U.S.C. 6231 et seq.) to full capacity as 
     soon as practicable.
       (2) acquire petroleum for the Strategic Petroleum Reserve 
     by the most practicable and cost-effective means, including 
     the acquisition of crude oil the United States is entitled to 
     receive in kind as royalties from production on Federal 
     lands; and
       (3) ensure that the fill rate minimizes impacts on 
     petroleum markets.
       (b) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     submit to the Congress a plan to--
       (1) eliminate any infrastructure impediments that may limit 
     maximum drawdown capability; and
       (2) determine whether the capacity of the Strategic 
     Petroleum Reserve on the date of enactment of this section is 
     adequate in light of the increasing consumption of petroleum 
     and the reliance on imported petroleum.
                                 ______
                                 
  SA 127. Mr. DURBIN (for himself, Mr. DeWine, Mr. Daschle, Mr. 
Kennedy, Mrs. Boxer, Mrs. Murray, Mr. Schumer, Ms. Mikulski, Mr. Leahy, 
Mr. Kohl, Mrs. Clinton, Mr. Biden, Ms. Landrieu, Mr. Corzine, Mr. 
Edwards, and Mr. Lautenberg) submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 311, between lines 7 and 8, insert the following:


                 united states agency for international

                              development

                child survival and health programs fund

             additional amount for global hiv/aids programs

                     (including transfer of funds)

       For an additional amount to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, health, and family planning/
     reproductive health activities, $180,000,000, to remain 
     available until September 30, 2004: Provided, That of such 
     amount, not less than $100,000,000 shall be made available 
     for a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria (in addition to amounts made 
     available for contribution to such Fund under any other 
     provision of this Act): Provided, further, That, of the 
     additional amount appropriated under this heading, up to 
     $25,000,000 (not to be derived from the amount made available 
     for contribution under the preceding proviso) may be 
     transferred to (and upon transfer shall be merged with) 
     amounts appropriated for the Department of Health and Human 
     Services for the Centers for Disease Control and Prevention 
     for disease control, research, and training under title II of 
     division G of this Act, which shall be made available for 
     child survival, maternal health, and other disease programs 
     and development activities to prevent, treat, care for, and 
     address the impact and consequences of HIV/AIDS: Provided, 
     further, That not more than seven percent of the total amount 
     appropriated under this heading may be made available for 
     administrative costs of departments and agencies of the 
     United States that carry out programs for which funds are 
     appropriated under this heading, but funds made available for 
     such costs may not to be derived from amounts made available 
     for contribution and transfer under the preceding provisos.
                                 ______
                                 
  SA 128. Mr. LEVIN (for himself, Mr. Fitzgerald, Mr. DeWine, Mr. 
Voinovich, and Mr. Schumer) submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 259, line 19, strike ``projects:'' and insert 
     ``projects; and of which $500,000 shall be available for 
     dispersal barriers in the Chicago Ship and Sanitary Canal, 
     Illinois:''.
                                 ______
                                 
  SA 129. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. USE OF EMERGENCY FUNDS FOR SMALL BUSINESS LOANS.

       The matter under the heading ``business loans program 
     account'' in chapter 2 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 (Public Law 107-117) is amended by striking 
     ``For emergency expenses'' and inserting the following: ``For 
     loan guarantee subsidies under section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) or for emergency expenses''.
                                 ______
                                 
  SA 130. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1032, strike line 21 and all that follows 
     through page 1041, line 13, and insert the following:

          TITLE II--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Emergency Agricultural 
     Disaster Assistance Act of 2003''.

     SEC. 202. CROP DISASTER ASSISTANCE.

       (a) In General.--The Secretary of Agriculture (referred to 
     in this title as the ``Secretary'') shall use such sums as 
     are necessary, but not to exceed $2,250,000,000, of funds of 
     the Commodity Credit Corporation to make emergency financial 
     assistance authorized under this section available to 
     producers on a farm that have incurred qualifying crop losses 
     for the 2001 or 2002 crop, or both, due to damaging weather 
     or related condition, as determined by the Secretary.
       (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. 1549, 1549A-55), 
     including using the same loss thresholds for the quantity and 
     quality losses as were used in administering that section.
       (c) Crop Insurance.--In carrying out this section, the 
     Secretary shall not discriminate against or penalize 
     producers on a farm that have purchased crop insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).

     SEC. 203. LIVESTOCK ASSISTANCE PROGRAM.

       (a) In General.--The Secretary shall use such sums as are 
     necessary of funds of the Commodity Credit Corporation as are 
     necessary, but not to exceed $720,000,000, to make and 
     administer payments for livestock losses to producers for 
     2001 or 2002 losses, or both, in a county that has received a 
     corresponding emergency designation by the President or the 
     Secretary, of which an amount determined by the Secretary 
     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. 1549, 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 106-387; 114 Stat. 1549, 1549A-51).

     SEC. 204. CROP AND PASTURE FLOOD COMPENSATION PROGRAM.

       (a) Definition of Covered Land.--In this section:
       (1) In general.--The term ``covered land'' means land 
     that--
       (A) was unusable for agricultural production during the 
     2001 or 2002 crop year, or both, as the result of flooding;
       (B) was used for agricultural production during at least 1 
     of the 1992 through 2000 crop years;
       (C) is a contiguous parcel of land of at least 1 acre; and
       (D) is located in a county in which producers were eligible 
     for assistance under the 1998 or 2000 Flood Compensation 
     Program established under part 1439 of title 7, Code of 
     Federal Regulations.
       (2) Exclusions.--The term ``covered land'' excludes any 
     land for which a producer is insured, enrolled, or assisted 
     during the 2001 or 2002 crop year (as applicable) under--
       (A) a policy or plan of insurance authorized under the 
     Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
       (B) the noninsured crop assistance program operated under 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 7333);
       (C) any crop disaster program established for the 2001 or 
     2002 crop year (as applicable);
       (D) the conservation reserve program established under 
     subchapter B of chapter 1 of subtitle D of the Food Security 
     Act of 1985 (16 U.S.C. 3831 et seq.);
       (E) the wetlands reserve program established under 
     subchapter C of chapter 1 of subtitle D of the Food Security 
     Act of 1985 (16 U.S.C. 3837 et seq.);
       (F) any emergency watershed protection program or Federal 
     easement program that prohibits crop production or grazing; 
     or
       (G) any other Federal or State water storage program, as 
     determined by the Secretary.
       (b) Compensation.--The Secretary shall use not more than 
     $12,000,000 of funds of the Commodity Credit Corporation to 
     compensate producers with covered land for losses on the 
     covered land from long-term flooding.
       (c) Payment Rate.--The payment rate for compensation 
     provided to a producer under this section shall equal the 
     average county cash rental rate per acre established by the 
     National Agricultural Statistics Service for the 2001 or 2002 
     crop year (as applicable).
       (d) Payment Limitation.--The total amount of payments made 
     to a person (as defined in section 1001(e) of the Food 
     Security

[[Page S1269]]

     Act (7 U.S.C. 1308(e))) under this section may not exceed 
     $40,000.

     SEC. 205. FUNDING.

       Of the funds of the Commodity Credit Corporation, the 
     Secretary shall--
       (1) use such sums as are necessary to carry out this title, 
     to remain available until expended; and
       (2) transfer to the fund established by section 32 of the 
     Act of August 24, 1935 (7 U.S.C. 612c), to remain available 
     until expended, an amount that does not exceed the greater 
     of--
       (A) $250,000,000; or
       (B) the amount equal to the amount of funds under section 
     32 of that Act that--
       (i) were made available before the date of enactment of 
     this Act to provide assistance to livestock producers under 
     the 2002 Livestock Compensation Program announced by the 
     Secretary on October 10, 2002 (67 Fed. Reg. 63070); and
       (ii) were not otherwise reimbursed from another account 
     used by the Secretary or the Commodity Credit Corporation.

     SEC. 206. REGULATIONS.

                                 ______
                                 
  SA 131. Mr. HARKIN (for himself, Mr. Durbin, Ms. Landrieu, and Mr. 
Breaux) submitted an amendment intended to be proposed by him to the 
joint resolution H.J. Res. 2, making further continuing appropriations 
for the fiscal year 2003, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 170, line 1, strike ``$329,397,000,'' and insert 
     ``$348,397,000, of which $19,000,000 (referred to in this 
     title as the `supplemental legal assistance amount') is to 
     provide supplemental funding for basic field programs, and 
     related administration, to ensure that no service area 
     (including a merged or reconfigured service area) receives 
     less funding under the Legal Services Corporation Act for 
     fiscal year 2003 than the area received for fiscal year 2002, 
     due to use of data from the 2000 Census, and''.

       On page 183, after line 25, add the following:
       Sec. __. The amount made available under each account in 
     this division, other than the accounts relating to the Legal 
     Services Corporation and the accounts contained in title III, 
     for travel expenses, supplies, and printing expenses shall be 
     reduced on a pro rata basis, so that the total of the 
     reductions equals $19,000,000.
                                 ______
                                 
  SA 132. Mr. HARKIN (for himself, Mr. Feingold, and Mr. Dodd) 
submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds made available in this Act may 
     be used by the Secretary of the Treasury or his delegate to 
     issue any rule or regulation which implements the proposed 
     amendments to Internal Revenue Service regulations set forth 
     in REG-209500-86 and REG-164464-02, filed December 10, 2002, 
     or any amendments reaching results similar to such proposed 
     amendments.
                                 ______
                                 
  SA 133. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1037, strike line 18 and all that follows 
     through page 1039, line 9.
                                 ______
                                 
  SA 134. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1036, strike lines 15 through 22 and insert the 
     following:
     established by the Secretary for the Program; and
       (2) effective beginning on the date of enactment
                                 ______
                                 
  SA 135. Mr. TALENT (for himself, and Mr. Lugar) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. CORN.

       Notwithstanding any other provision of law, the Secretary 
     of Agriculture shall consider the planting, prevented 
     planting, and production of corn used to produce popcorn as 
     the planting, prevented planting, and production of corn for 
     the purposes of determining base acres and payment yields for 
     direct and counter-cyclical payments under subtitle A of 
     title I of Public Law 107-171.
                                 ______
                                 
  SA 136. Ms. Mikulski (for herself, Mr. Kennedy, Mr. Kerry, Mr. 
Jeffords, and Mrs. Clinton) submitted an amendment intended to be 
proposed by her to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes, which was ordered to lie on the table, as follows:

       At the appropriate place in title II of division G, insert 
     the following:
       Sec. __. (a) In General.--In addition to amounts otherwise 
     appropriated under this Act to carry out programs and 
     activities under title VIII of the Public Health Service Act, 
     there are appropriated an additional $20,000,000, to remain 
     available until expended, to carry out programs and 
     activities authorized under sections 831, 846, 846A, 851, 
     852, and 855 of such Act (as amended by the Nurse 
     Reinvestment Act (Public Law 107-205)).
       (b) Offset.--Amounts made available under this division for 
     the administrative and related expenses for departmental 
     management shall be reduced on pro rata basis by $20,000,000.
                                 ______
                                 
  SA 137. Mr. LIEBERMAN (for himself, Ms.  Landrieu, Mr. Hollings, and 
Mr. Graham of Florida) submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.

       (a) Decreased Cost-Sharing Requirement.--Section 507(c) of 
     the Omnibus Parks and Public Lands Management Act of 1996 (16 
     U.S.C. 470a note) is amended--
       (1) by striking ``(1) Except'' and inserting the following:
       ``(1) In general.--Except'';
       (2) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)'';
       (3) by striking ``(2) The Secretary'' and inserting the 
     following:
       ``(2) Waiver.--The Secretary'';
       (4) by striking ``paragraph (1)'' and inserting 
     ``paragraphs (1) and (3)''; and
       (5) by adding at the end the following:
       ``(3) Exception.--The Secretary shall not obligate funds 
     made available under subsection (d)(2) for a grant with 
     respect to a building or structure listed on, or eligible for 
     listing on, the National Register of Historic Places unless 
     the grantee agrees to provide, from funds derived from non-
     Federal sources, an amount that is equal to 30 percent of the 
     total cost of the project for which the grant is provided.''.
       (b) Authorization of Appropriations.--Section 507(d) of the 
     Omnibus Parks and Public Lands Management Act of 1996 (16 
     U.S.C. 470a note) is amended--
       (1) by striking ``Pursuant to'' and inserting the 
     following:
       ``(1) In general.--Under''; and
       (2) by adding at the end the following:
       ``(2) Additional funding.--In addition to amounts made 
     available under paragraph (1), there is authorized to be 
     appropriated from the Historic Preservation Fund to carry out 
     this section $10,000,000 for each of fiscal years 2003 
     through 2008.''.
                                 ______
                                 
  SA 138. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriation for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1047, between lines 19 and 20, insert the 
     following:
       Sec. 404. Section 136 of Public Law 107-229, as added by 
     section 5 of Public Law 107-240, is amended by striking ``60 
     days after the date specified in section 107(c) of Public Law 
     107-229, as amended'' and inserting ``September 30, 2003''.
                                 ______
                                 
  SA 139. Mr. GRAHAM of Florida (for himself, Mr. Nelson of Florida, 
and Mr. Voinovich) submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was
         On page 271, between lines 10 and 11, insert the 
     following:

     SEC. 1__. MODIFIED WATER DELIVERY PROJECT IN THE STATE OF 
                   FLORIDA.

         The Corps of Engineers, using funds made available for 
     modifications authorized by section 104 of the Everglades 
     National Park Protection and Expansion Act of 1989 (16 U.S.C. 
     410r-8), shall immediately carry out alternative 6D 
     (including paying 100 percent of the cost of acquiring land 
     or an interest in land) for the purpose of providing a flood 
     protection system for the 8.5 square mile area described in 
     the report entitled ``Central and South Florida Project, 
     Modified Water Deliveries to Everglades National Park, 
     Florida, 8.5 Square Mile Area, General Reevaluation Report 
     and Final Supplemental Environmental Impact Statement'' and 
     dated July 2000.
                                 ______
                                 
  SA 140. Mr. REID (for himself, Mr. Wyden, Mr. Harkin, and Mr. Crapo)

[[Page S1270]]

submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making furthur continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. CDBG Funds.--(a) Not later than 30 days after the 
     date of enactment of this Act, funds made available for block 
     grants 1under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.) for fiscal 
     year 2002 may not be withheld from any metropolitan city that 
     has satisfied the population criteria pursuant to the 2000 
     census and has satisfied all other required criteria, 
     including the metropolitan cities listed in subsection (b).
       (b) The metropolitan cities listed in this subsection are--
         (1) Ames, Iowa;
         (2) Bend, Oregon;
         (3) Carson City, Nevada; and
         (4) Idaho Falls, Idaho.
                                 ______
                                 
  SA 141. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the bill, insert:
       Sec. Sense of the Senate Regarding the Continuation of 
     Amtrak Service.--It is the Sense of the Senate that the 
     conferees on this joint resolution should approve the full 
     $1,200,000,000 included in the Senate version of this 
     resolution for Grants to the National Railroad Passenger 
     Corporation (Amtrak) so as to ensure the continuation of 
     passenger rail service along Amtrak's national passenger rail 
     network, including the Northeast Corridor, for the remainder 
     of the current fiscal year.
                                 ______
                                 
  SA 142. Mr. REID submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. RESTORATION OF FISH, WILDLIFE, AND ASSOCIATED 
                   HABITATS IN WATERSHEDS OF CERTAIN LAKES.

       (a) In General.--In carrying out section 2507 of Public Law 
     107-171, the Secretary of the Interior, acting through the 
     Commissioner of Reclamation, shall--
       (1) subject to paragraph (3), provide water and assistance 
     under that section only for the Pyramid, Summit, and Walker 
     Lakes in the State of Nevada;
       (2) use $1,000,000 to provide a grant to the Walker River 
     Paiute Tribe for the creation of a fish hatchery at Walker 
     Lake; and
       (3) use $2,000,000 to provide grants, to be divided 
     equally, to the State of Nevada, the State of California, the 
     Truckee Meadows Water Authority, and the Pyramid Lake Paiute 
     Tribe, to implement the Truckee River Operating Agreement.
       (b) Restoration of Lakes.--Notwithstanding any other 
     provision of law, the Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may take actions or 
     initiate programs that will provide additional water to 
     Pyramid, Summit, and Walker Lakes in the State of Nevada--
       (1) to protect, restore, and enhance fish, wildlife, and 
     associated habitats of the Lakes; and
       (2) to protect, restore, and enhance fish, wildlife, and 
     associated habitats in the watersheds of the Lakes if the 
     actions or programs will result in the restoration of the 
     Lakes.
       (c) Administration.--The Secretary of the Interior, acting 
     through the Commissioner of Reclamation, may provide 
     financial assistance to State and local public agencies, 
     Indian tribes, nonprofit organizations, and individuals to 
     carry out this section and section 2507 of Public Law 107-
     171.
                                 ______
                                 
  SA 143. Mr. REID (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. FEDERAL MILK MARKETING.

       (a) Exemption of Milk Producers and Handlers From 
     Obligation to Pool Milk.--Section 8c(5) of the Agricultural 
     Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments 
     by the Agricultural Marketing Agreement Act of 1937, is 
     amended by adding at the end the following:
       ``(M) Obligation of certain milk producers and handlers to 
     pool milk.--
       ``(i) Definition of covered producer or handler.--

       ``(I) In general.--In this subparagraph, the term `covered 
     producer or handler' means a producer-handler, producer 
     operating as a handler, or handler of Class I milk products--

       ``(aa) a plant of which is located within the boundaries of 
     a marketing area (as those boundaries are in effect as of the 
     date of enactment of this subparagraph) and covered by an 
     order issued pursuant to this paragraph;
       ``(bb) that has packaged fluid milk product dispositions, 
     or sales of packaged fluid milk products to other plants, in 
     a milk marketing area located in a State that enforces 
     minimum prices to handlers for milk purchases; and
       ``(cc) that is not otherwise obligated by an order under 
     this paragraph, or a regulated milk pricing plan operated by 
     a State, to pay minimum class prices for the raw milk 
     presented by those milk dispositions or sales.

       ``(II) Exclusions.--The term `covered producer or handler' 
     does not include--

       ``(aa) a handler that operates an exempt plant (as defined 
     in section 1000.8(e) of title 7, Code of Federal Regulations 
     (as in effect on the date of enactment of this 
     subparagraph)); or
       ``(bb) a producer-handler that has route dispositions, and 
     sales to other plants, of packaged fluid milk products 
     equaling less than 6,000,000 pounds of milk in any 30-day 
     period.**
       ``(ii) Requirement.--Notwithstanding any other provision of 
     this subsection and without limiting the authority of the 
     Secretary to otherwise regulate a noncovered producer or 
     handler, a covered producer or handler shall be subject to 
     all minimum price requirements of the Federal milk marketing 
     order in which the plant of the covered producer or handler 
     is located, at Federal order class prices for the county in 
     which the plant is located.''.
       (b) Exemption of Milk Handlers From Minimum Price 
     Requirements.--Section 8c(5) of the Agricultural Adjustment 
     Act (7 U.S.C. 608c(5)), reenacted with amendments by the 
     Agricultural Marketing Agreement Act of 1937 (as amended by 
     subsection (a)), is amended by adding at the end the 
     following:
       ``(N) Exemption of milk handlers from minimum price 
     requirements.--Notwithstanding any other provision of this 
     subsection, no handler with distribution of Class I milk 
     products in the Arizona-Las Vegas marketing area (Order No. 
     131) shall be exempt during any month from any minimum milk 
     price requirement established by the Secretary under this 
     subsection if the total distribution of Class I products 
     within the Arizona-Las Vegas marketing area of any handler's 
     own farm production exceeds the lesser of--
       ``(i) 3 percent of the total quantity of Class I products 
     distributed in the Arizona-Las Vegas marketing area (Order 
     No. 131); or
       ``(ii) 5,000,000 pounds.''.
       (c) Exclusion of Nevada From Federal Milk Marketing 
     Orders.--
       (1) In general.--Section 8c(11)(C) the Agricultural 
     Adjustment Act (7 U.S.C. 608c(11)(C)), reenacted with 
     amendments by the Agricultural Marketing Agreement Act of 
     1937, is amended by striking the last sentence and inserting 
     the following: ``In the case of milk and its products, no 
     county located within the State of Nevada shall be within a 
     marketing area defined in any order issued under this 
     section.''.
       (2) Informal rulemaking.--The Secretary of Agriculture may 
     modify an order issued under section 8c of the Agricultural 
     Adjustment Act (7 U.S.C. 608c), reenacted with amendments by 
     the Agricultural Marketing Agreement Act of 1937, to 
     implement the amendment made by paragraph (1) by promulgating 
     regulations, without regard to sections 556 and 557 of title 
     5, United States Code.
                                 ______
                                 
  SA 144. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 311, line 7, before the period at the end insert 
     the following: ``Provided further, That, notwithstanding any 
     other provision of law, the funds under this heading that are 
     available for efforts relating to the treatment and 
     prevention of HIV/AIDS shall also include family preservation 
     efforts carried out through programs and initiatives that are 
     designed to maintain and preserve the families of those 
     persons afflicted with HIV/AIDS and to reduce the numbers of 
     orphans created by HIV/AIDS''.
                                 ______
                                 
  SA 145. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows;

       On page 1047, between lines 19 and 20, insert the 
     following:
       Sec. 404. (a) Extending Availability of SCHIP Allotments 
     for Fiscal Years 1998 Through 2001.--
       (1) Retained and redistributed allotments for fiscal years 
     1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of 
     section 2104(g) of the Social Security Act (42 U.S.C. 
     1397dd(g)) are each amended by striking ``fiscal year 2002'' 
     and inserting ``fiscal year 2004''.
       (2) Extension and revision of retained and redistributed 
     allotments for fiscal year 2000.--

[[Page S1271]]

       (A) Permitting and extending retention of portion of fiscal 
     year 2000 allotment.--Paragraph (2) of such section 2104(g) 
     is amended--
       (i) in the heading, by striking ``and 1999'' and inserting 
     ``through 2000''; and
       (ii) by adding at the end of subparagraph (A) the 
     following:
       ``(iii) Fiscal year 2000 allotment.--Of the amounts 
     allotted to a State pursuant to this section for fiscal year 
     2000 that were not expended by the State by the end of fiscal 
     year 2002, 50 percent of that amount shall remain available 
     for expenditure by the State through the end of fiscal year 
     2004.''.
       (B) Redistributed allotments.--Paragraph (1) of such 
     section 2104(g) is amended--
       (i) in subparagraph (A), by inserting ``or for fiscal year 
     2000 by the end of fiscal year 2002,'' after ``fiscal year 
     2001,'';
       (ii) in subparagraph (A), by striking ``1998 or 1999'' and 
     inserting ``1998, 1999, or 2000'';
       (iii) in subparagraph (A)(i)--

       (I) by striking ``or'' at the end of subclause (I),
       (II) by striking the period at the end of subclause (II) 
     and inserting ``; or''; and
       (III) by adding at the end the following new subclause:
       ``(III) the fiscal year 2000 allotment, the amount 
     specified in subparagraph (C)(i) (less the total of the 
     amounts under clause (ii) for such fiscal year), multiplied 
     by the ratio of the amount specified in subparagraph (C)(ii) 
     for the State to the amount specified in subparagraph 
     (C)(iii).'';

       (iv) in subparagraph (A)(ii), by striking ``or 1999'' and 
     inserting ``, 1999, or 2000'';
       (v) in subparagraph (B), by striking ``with respect to 
     fiscal year 1998 or 1999'';
       (vi) in subparagraph (B)(ii)--

       (I) by inserting ``with respect to fiscal year 1998, 1999, 
     or 2000,'' after ``subsection (e),''; and
       (II) by striking ``2002'' and inserting ``2004''; and

       (vii) by adding at the end the following new subparagraph:
       ``(C) Amounts used in computing redistributions for fiscal 
     year 2000.--For purposes of subparagraph (A)(i)(III)--
       ``(i) the amount specified in this clause is the amount 
     specified in paragraph (2)(B)(i)(I) for fiscal year 2000, 
     less the total amount remaining available pursuant to 
     paragraph (2)(A)(iii);
       ``(ii) the amount specified in this clause for a State is 
     the amount by which the State's expenditures under this title 
     in fiscal years 2000, 2001, and 2002 exceed the State's 
     allotment for fiscal year 2000 under subsection (b); and
       ``(iii) the amount specified in this clause is the sum, for 
     all States entitled to a redistribution under subparagraph 
     (A) from the allotments for fiscal year 2000, of the amounts 
     specified in clause (ii).''.
       (C) Conforming amendments.--Such section 2104(g) is further 
     amended--
       (i) in its heading, by striking ``and 1999'' and inserting 
     ``, 1999, and 2000''; and
       (ii) in paragraph (3)--

       (I) by striking ``or fiscal year 1999'' and inserting ``, 
     fiscal year 1999, or fiscal year 2000''; and
       (II) by striking ``or November 30, 2001'' and inserting 
     ``November 30, 2001, or November 30, 2002'', respectively.

       (3) Extension and revision of retained and redistributed 
     allotments for fiscal year 2001.--
       (A) Permitting and extending retention of portion of fiscal 
     year 2001 allotment.--Paragraph (2) of such section 2104(g), 
     as amended in paragraph (2)(A)(ii), is further amended--
       (i) in the heading, by striking ``2000'' and inserting 
     ``2001''; and
       (ii) by adding at the end of subparagraph (A) the 
     following:
       ``(iv) Fiscal year 2001 allotment.--Of the amounts allotted 
     to a State pursuant to this section for fiscal year 2001 that 
     were not expended by the State by the end of fiscal year 
     2003, 50 percent of that amount shall remain available for 
     expenditure by the State through the end of fiscal year 
     2005.''.
       (B) Redistributed allotments.--Paragraph (1) of such 
     section 2104(g), as amended in paragraph (2)(B), is further 
     amended--
       (i) in subparagraph (A), by inserting ``or for fiscal year 
     2001 by the end of fiscal year 2003,'' after ``fiscal year 
     2002,'';
       (ii) in subparagraph (A), by striking ``1999, or 2000'' and 
     inserting ``1999, 2000, or 2001'';
       (iii) in subparagraph (A)(i)--

       (I) by striking ``or'' at the end of subclause (II),
       (II) by striking the period at the end of subclause (III) 
     and inserting ``; or''; and
       (III) by adding at the end the following new subclause:
       ``(IV) the fiscal year 2001 allotment, the amount specified 
     in subparagraph (D)(i) (less the total of the amounts under 
     clause (ii) for such fiscal year), multiplied by the ratio of 
     the amount specified in subparagraph (D)(ii) for the State to 
     the amount specified in subparagraph (D)(iii).'';

       (iv) in subparagraph (A)(ii), by striking ``or 2000'' and 
     inserting ``2000, or 2001'';
       (v) in subparagraph (B)--

       (I) by striking ``and'' at the end of clause (ii);
       (II) by redesignating clause (iii) as clause (iv); and
       (III) by inserting after clause (ii) the following new 
     clause:

       ``(iii) notwithstanding subsection (e), with respect to 
     fiscal year 2001, shall remain available for expenditure by 
     the State through the end of fiscal year 2005; and''; and
       (vi) by adding at the end the following new subparagraph:
       ``(D) Amounts used in computing redistributions for fiscal 
     year 2001.--For purposes of subparagraph (A)(i)(IV)--
       ``(i) the amount specified in this clause is the amount 
     specified in paragraph (2)(B)(i)(I) for fiscal year 2001, 
     less the total amount remaining available pursuant to 
     paragraph (2)(A)(iv);
       ``(ii) the amount specified in this clause for a State is 
     the amount by which the State's expenditures under this title 
     in fiscal years 2001, 2002, and 2003 exceed the State's 
     allotment for fiscal year 2001 under subsection (b); and
       ``(iii) the amount specified in this clause is the sum, for 
     all States entitled to a redistribution under subparagraph 
     (A) from the allotments for fiscal year 2001, of the amounts 
     specified in clause (ii).''.
       (C) Conforming amendments.--Such section 2104(g) is further 
     amended--
       (i) in its heading, by striking ``and 2000'' and inserting 
     ``2000, and 2001''; and
       (ii) in paragraph (3)--

       (I) by striking ``or fiscal year 2000'' and inserting 
     ``fiscal year 2000, or fiscal year 2001''; and
       (II) by striking ``or November 30, 2002,'' and inserting 
     ``November 30, 2002, or November 30, 2003,'', respectively.

       (4) Effective date.--This subsection, and the amendments 
     made by this subsection, shall be effective as if this 
     subsection had been enacted on September 30, 2002, and 
     amounts under title XXI of the Social Security Act (42 U.S.C. 
     1397aa et seq.) from allotments for fiscal years 1998 through 
     2000 are available for expenditure on and after October 1, 
     2002, under the amendments made by this subsection as if this 
     subsection had been enacted on September 30, 2002.
       (b) Authority for Qualifying States To Use Portion of SCHIP 
     Funds for Medicaid Expenditures.--Section 2105 of the Social 
     Security Act (42 U.S.C. 1397ee) is amended by adding at the 
     end the following:
       ``(g) Authority for Qualifying States To Use Certain Funds 
     for Medicaid Expenditures.--
       ``(1) State option.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, with respect to allotments for fiscal years 1998, 1999, 
     2000, 2001, for fiscal years in which such allotments are 
     available under subsections (e) and (g) of section 2104, a 
     qualifying State (as defined in paragraph (2)) may elect to 
     use not more than 20 percent of such allotments (instead of 
     for expenditures under this title) for payments for such 
     fiscal year under title XIX in accordance with subparagraph 
     (B).
       ``(B) Payments to states.--
       ``(i) In general.--In the case of a qualifying State that 
     has elected the option described in subparagraph (A), subject 
     to the total amount of funds described with respect to the 
     State in subparagraph (A), the Secretary shall pay the State 
     an amount each quarter equal to the additional amount that 
     would have been paid to the State under title XIX for 
     expenditures of the State for the fiscal year described in 
     clause (ii) if the enhanced FMAP (as determined under 
     subsection (b)) had been substituted for the Federal medical 
     assistance percentage (as defined in section 1905(b)) of such 
     expenditures.
       ``(ii) Expenditures described.--For purposes of clause (i), 
     the expenditures described in this clause are expenditures 
     for such fiscal years for providing medical assistance under 
     title XIX to individuals who have not attained age 19 and 
     whose family income exceeds 150 percent of the poverty line.
       ``(2) Qualifying state.--In this subsection, the term 
     `qualifying State' means a State that--
       ``(A) as of April 15, 1997, has an income eligibility 
     standard with respect to any 1 or more categories of children 
     (other than infants) who are eligible for medical assistance 
     under section 1902(a)(10)(A) or under a waiver under section 
     1115 implemented on January 1, 1994, that is up to 185 
     percent of the poverty line or above; and
       ``(B) satisfies the requirements described in paragraph 
     (3).
       ``(3) Requirements.--The requirements described in this 
     paragraph are the following:
       ``(A) SCHIP income eligibility.--The State has a State 
     child health plan that (whether implemented under title XIX 
     or this title)--
       ``(i) as of January 1, 2001, has an income eligibility 
     standard that is at least 200 percent of the poverty line or 
     has an income eligibility standard that exceeds 200 percent 
     of the poverty line under a waiver under section 1115 that is 
     based on a child's lack of health insurance;
       ``(ii) subject to subparagraph (B), does not limit the 
     acceptance of applications for children; and
       ``(iii) provides benefits to all children in the State who 
     apply for and meet eligibility standards on a statewide 
     basis.
       ``(B) No waiting list imposed.--With respect to children 
     whose family income is at or below 200 percent of the poverty 
     line, the State does not impose any numerical limitation, 
     waiting list, or similar limitation on the eligibility of 
     such children for child health assistance under such State 
     plan.
       ``(C) Additional requirements.--The State has implemented 
     at least 4 of the following policies and procedures (relating 
     to coverage of children under title XIX and this title):

[[Page S1272]]

       ``(i) Uniform, simplified application form.--With respect 
     to children who are eligible for medical assistance under 
     section 1902(a)(10)(A), the State uses the same uniform, 
     simplified application form (including, if applicable, 
     permitting application other than in person) for purposes of 
     establishing eligibility for benefits under title XIX and 
     this title.
       ``(ii) Elimination of asset test.--The State does not apply 
     any asset test for eligibility under section 1902(l) or this 
     title with respect to children.
       ``(iii) Adoption of 12-month continuous enrollment.--The 
     State provides that eligibility shall not be regularly 
     redetermined more often than once every year under this title 
     or for children described in section 1902(a)(10)(A).
       ``(iv) Same verification and redetermination policies; 
     automatic reassessment of eligibility.--With respect to 
     children who are eligible for medical assistance under 
     section 1902(a)(10)(A), the State provides for initial 
     eligibility determinations and redeterminations of 
     eligibility using the same verification policies (including 
     with respect to face-to-face interviews), forms, and 
     frequency as the State uses for such purposes under this 
     title, and, as part of such redeterminations, provides for 
     the automatic reassessment of the eligibility of such 
     children for assistance under title XIX and this title.
       ``(v) Outstationing enrollment staff.--The State provides 
     for the receipt and initial processing of applications for 
     benefits under this title and for children under title XIX at 
     facilities defined as disproportionate share hospitals under 
     section 1923(a)(1)(A) and Federally-qualified health centers 
     described in section 1905(l)(2)(B) consistent with section 
     1902(a)(55).''.
                                 ______
                                 
  SA 146. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 720, beginning in line 5, strike ``Provided 
     further, That none of the funds provided in this Act shall be 
     available to compensate in excess of 37 active duty flag 
     officer billets:''.
                                 ______
                                 
  SA 147. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 136, beginning with line 10, strike through line 
     22.
                                 ______
                                 
  SA 148. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 126, beginning with line 8, strike through line 12.
                                 ______
                                 
  SA 149. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 137, beginning with line 11, strike through line 
     15.
                                 ______
                                 
  SA 150. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 432, line 10 after ``expended:'' insert the 
     following:
       ``Provided, That subsection (t) of P.L. 93-153 is amended 
     hereinafter in the first sentence by inserting ``or renew or 
     extend'' before ``any'' the first place it appears and by 
     inserting ``on or'' before ``before:''.
                                 ______
                                 
  SA 151. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following 
     new section:

     ``SEC.  . CLARIFICATION OF ALASKA NATIVE SETTLEMENT TRUSTS.

       ``(A) Section    of P.L.    (43 U.S.C. 1629b) is amended:
       ``(1) at subsection (d)(1) by striking ``An'' and inserting 
     in its place ``Except as otherwise set forth in subsection 
     (d)(3) of this section, an'';
       ``(2) by creating the following new subsection:
       ``(d)(3) A resolution described in subsection (a)(3) of 
     this section shall be considered to be approved by the 
     shareholders of a Native Corporation if it receives the 
     affirmative vote of shares representing--
       ``(A) a majority of the shares present or represented by 
     proxy at the meeting relating to such resolution, or
       ``(B) an amount of shares greater than a majority of the 
     shares present or represented by proxy at the meeting 
     relating to such resolution (but not greater than two-thirds 
     of the total voting power of the corporation) if the 
     corporation establishes such a level by an amendment to its 
     articles of incorporation.'';
       ``(3) by creating the following new subsection:
       ``(f) Substantially all of the assets. For purposes of this 
     section and section 1629e of this title, a Native Corporation 
     shall be considered to be transferring all or substantially 
     all of its assets to a Settlement Trust only if such assets 
     represent two-thirds or more of the fair market value of the 
     Native Corporation's total assets.
       ``(B) Section    of P.L.    (43 U.S.C. 1629e) is amended by 
     striking subsection (B) and inserting in its place the 
     following:
       ``(B) shall give rise to dissenters rights to the extent 
     provided under the laws of the State only if:
       ``(i) the rights of beneficiaries in the Settlement Trust 
     receiving a conveyance are inalienable; and
       ``(ii) a shareholder vote on such transfer is required by 
     (a)(4) of section 1629b of this title.''
                                 ______
                                 
  SA 152. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1026, after line 22, add the following:
       Sec.  . Of the total amount appropriated under title IV of 
     the Department of Defense Appropriations Act, 2003 (Public 
     Law 107-248) for Ballistic Missile Defense Technology, 
     $4,000,000 shall be available for a Phase III Small Business 
     Innovation Research (SBIR) program that is based on the 
     Missile Defense Agency's Phase II Small Business Innovation 
     Research (SBIR) program for the use of an open atmosphere 
     vapor deposition process for frequency adaptive electronics 
     and high-density memory storage.
                                 ______
                                 
  SA 153. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the followimg:

           DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT

     SEC. __. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Federal Workforce Flexibility Act of 2003''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

           DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT

Sec. __. Short title; table of contents.

        TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS

Sec. 101. Streamlined personnel management demonstration projects.
Sec. 102. Effective date.

     TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT

Sec. 201. Recruitment, relocation, and retention bonuses.
Sec. 202. Streamlined critical pay authority.

TITLE III--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

Sec. 301. Agency training.
Sec. 302. Annual leave enhancements.

        TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS

     SEC. 101. STREAMLINED PERSONNEL MANAGEMENT DEMONSTRATION 
                   PROJECTS.

       Chapter 47 of title 5, United States Code, is amended--
       (1) in section 4701--
       (A) in subsection (a)--
       (i) by striking ``(a)'';
       (ii) by striking paragraph (1) and inserting the following:
       ``(1) `agency' means an Executive agency and any entity 
     that is subject to any provision of this title that could be 
     waived under section 4703, but does not include--
       ``(A) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Imagery and Mapping Agency, the National Security 
     Agency, and, as determined by the President, any Executive 
     agency or unit thereof which is designated by the President 
     and which has as its principal function the conduct of 
     foreign intelligence or counterintelligence activities; or
       ``(B) the General Accounting Office;'';
       (iii) in paragraph (4), by striking ``and'' at the end;
       (iv) by redesignating paragraph (5) as paragraph (6); and
       (v) by inserting after paragraph (4) the following:
       ``(5) `modification' means a significant change in 1 or 
     more of the elements of a demonstration project plan as 
     described in section 4703(b)(1); and''; and
       (B) by striking subsection (b); and

[[Page S1273]]

       (2) in section 4703--
       (A) in subsection (a)--
       (i) by striking ``conduct and evaluate demonstration 
     projects'' and inserting ``conduct, modify, and evaluate 
     demonstration projects'';
       (ii) by striking ``, including any law or regulation 
     relating to--'' and all that follows and inserting a period; 
     and
       (iii) by adding at the end the following: ``The decision to 
     initiate or modify a project under this section shall be made 
     by the Office.'';
       (B) by striking subsection (b) and inserting the following:
       ``(b) Before conducting or entering into any agreement or 
     contract to conduct a demonstration project, the Office shall 
     ensure--
       ``(1) that each project has a plan which describes--
       ``(A) its purpose;
       ``(B) the employees to be covered;
       ``(C) its anticipated outcomes and resource implications, 
     including how the project relates to carrying out the 
     agency's strategic plan, including meeting performance goals 
     and objectives, and accomplishing its mission;
       ``(D) the personnel policies and procedures the project 
     will use that differ from those otherwise available and 
     applicable, including a specific citation of any provisions 
     of law, rule, or regulation to be waived and a specific 
     description of any contemplated action for which there is a 
     lack of specific authority;
       ``(E) the method of evaluating the project; and
       ``(F) the agency's system for ensuring that the project is 
     implemented in a manner consistent with merit system 
     principles;
       ``(2) notification of the proposed project to employees who 
     are likely to be affected by the project;
       ``(3) an appropriate comment period;
       ``(4) publication of the final plan in the Federal 
     Register;
       ``(5) notification of the final project at least 90 days in 
     advance of the date any project proposed under this section 
     is to take effect to employees who are likely to be affected 
     by the project;
       ``(6) publication of any subsequent modification in the 
     Federal Register; and
       ``(7) notification of any subsequent modification to 
     employees who are included in the project.'';
       (C) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) any provision of chapter 63 or subpart G of part III 
     of this title;'';
       (ii) by redesignating paragraphs (4) and (5) as paragraphs 
     (6) and (7), respectively;
       (iii) by inserting after paragraph (3) the following:
       ``(4) section 7342, 7351, or 7353;
       ``(5) the Ethics in Government Act of 1978 (5 U.S.C. 
     App.);''; and
       (iv) in paragraph (6) as redesignated, by striking 
     ``paragraph (1), (2), or (3) of this subsection; or'' and 
     inserting ``paragraphs (1) through (5);'';
       (D) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d)(1) Unless terminated at an earlier date in accordance 
     with this section, each demonstration project shall terminate 
     at the end of the 10-year period beginning on the date on 
     which the project takes effect.
       ``(2) Before the end of the 5-year period beginning on the 
     date on which a demonstration project takes effect, the 
     Office shall submit a recommendation to Congress on whether 
     Congress should enact legislation to make that project 
     permanent.
       ``(e) The Office may terminate a demonstration project 
     under this chapter if the Office determines that the 
     project--
       ``(1) is not consistent with merit system principles set 
     forth in section 2301, veterans' preference principles, or 
     the provisions of this chapter; or
       ``(2) otherwise imposes a substantial hardship on, or is 
     not in the best interests of, the public, the Government, 
     employees, or eligibles.''; and
       (E) by striking subsections (h) and (i) and inserting the 
     following:
       ``(h) Notwithstanding section 2302(e)(1), for purposes of 
     applying section 2302(b)(11) in a demonstration project under 
     this chapter, the term `veterans' preference requirement' 
     means any of the specific provisions of the demonstration 
     project plan that are designed to ensure that the project is 
     consistent with veterans' preference principles.
       ``(i) The Office shall ensure that each demonstration 
     project is evaluated. Each evaluation shall assess--
       ``(1) the project's compliance with the plan developed 
     under subsection (b)(1); and
       ``(2) the project's impact on improving public management.
       ``(j) Upon request of the Director of the Office of 
     Personnel Management, agencies shall cooperate with and 
     assist the Office in any evaluation undertaken under 
     subsection (i) and provide the Office with requested 
     information and reports relating to the conducting of 
     demonstration projects in their respective agencies.''.

     SEC. 102. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this Act.

     TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT

     SEC. 201. RECRUITMENT, RELOCATION, AND RETENTION BONUSES.

       (a) Bonuses.--
       (1) In general.--Chapter 57 of title 5, United States Code, 
     is amended by striking sections 5753 and 5754 and inserting 
     the following:

     ``Sec. 5753. Recruitment and relocation bonuses

       ``(a) In this section, the term `employee' has the meaning 
     given that term under section 2105, except that such term 
     also includes an employee described under subsection (c) of 
     that section.
       ``(b)(1) The Office of Personnel Management may authorize 
     the head of an agency to pay a bonus to an individual 
     appointed or moved to a position that is likely to be 
     difficult to fill in the absence of such a bonus, if the 
     individual--
       ``(A)(i) is newly appointed as an employee of the Federal 
     Government; or
       ``(ii) is currently employed by the Federal Government and 
     moves to a new position in the same geographic area under 
     circumstances described in regulations of the Office; or
       ``(B) is currently employed by the Federal Government and 
     must relocate to accept a position stationed in a different 
     geographic area.
       ``(2) Except as provided by subsection (h), a bonus may be 
     paid under this section only to an employee covered by the 
     General Schedule pay system established under subchapter III 
     of chapter 53.
       ``(c)(1) Payment of a bonus under this section shall be 
     contingent upon the employee entering into a written service 
     agreement to complete a period of employment with the agency, 
     not to exceed 4 years. The Office may, by regulation, 
     prescribe a minimum service.
       ``(2)(A) The agreement shall include--
       ``(i) the length of the required service period;
       ``(ii) the amount of the bonus;
       ``(iii) the method of payment; and
       ``(iv) other terms and conditions under which the bonus is 
     payable, subject to subsections (d) and (e) and regulations 
     of the Office.
       ``(B) The terms and conditions for paying a bonus, as 
     specified in the service agreement, shall include--
       ``(i) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(ii) the effect of the termination.
       ``(3) The agreement shall be made effective upon employment 
     with the agency or movement to a new position or geographic 
     area, as applicable, except that a service agreement with 
     respect to a recruitment bonus may be made effective at a 
     later date under circumstances described in regulations of 
     the Office, such as when there is an initial period of formal 
     basic training.
       ``(d)(1) Except as provided in subsection (e), a bonus 
     under this section shall not exceed 25 percent of the annual 
     rate of basic pay of the employee at the beginning of the 
     service period multiplied by the number of years (or 
     fractions thereof) in the service period, not to exceed 4 
     years.
       ``(2) A bonus under this section may be paid as an initial 
     lump sum, in installments, as a final lump sum upon the 
     completion of the full service period, or in a combination of 
     these forms of payment.
       ``(3) A bonus under this section is not part of the basic 
     pay of an employee for any purpose.
       ``(4) Under regulations of the Office, a recruitment bonus 
     under this section may be paid to an eligible individual 
     before that individual enters on duty.
       ``(e) The Office may authorize the head of an agency to 
     waive the limitation under subsection (d)(1) based on a 
     critical agency need, subject to regulations prescribed by 
     the Office. Under such a waiver, the amount of the bonus may 
     be up to 50 percent of the employee's annual rate of basic 
     pay at the beginning of the service period multiplied by the 
     number of years (or fractions thereof) in the service period, 
     not to exceed 100 percent of the employee's annual rate of 
     basic pay at the beginning of the service period.
       ``(f) The Office shall require that, before paying a bonus 
     under this section, an agency shall establish a plan for 
     paying recruitment bonuses and a plan for paying relocation 
     bonuses, subject to regulations prescribed by the Office.
       ``(g) The Office may prescribe regulations to carry out 
     this section, including regulations relating to the repayment 
     of a recruitment or relocation bonus in appropriate 
     circumstances when the agreed-upon service period has not 
     been completed.
       ``(h)(1) At the request of the head of an Executive agency, 
     the Office may extend coverage under this section to 
     categories of employees within the agency who otherwise would 
     not be covered by this section.
       ``(2) The Office shall not extend coverage to the head of 
     an Executive agency, including an Executive agency headed by 
     a board or other collegial body composed of 2 or more 
     individual members.

     ``Sec. 5754. Retention bonuses

       ``(a) In this section, the term `employee' has the meaning 
     given that term under section 2105, except that such term 
     also includes an employee described in subsection (c) of that 
     section.
       ``(b) The Office of Personnel Management may authorize the 
     head of an agency to pay a retention bonus to an employee, 
     subject to regulations prescribed by the Office, if--
       ``(1) the unusually high or unique qualifications of the 
     employee or a special need of the

[[Page S1274]]

     agency for the employee's services makes it essential to 
     retain the employee; and
       ``(2) the agency determines that, in the absence of a 
     retention bonus, the employee would be likely to leave--
       ``(A) the Federal service; or
       ``(B) for a different position in the Federal service under 
     conditions described in regulations of the Office.
       ``(c) The Office may authorize the head of an agency to pay 
     retention bonuses to a group of employees in 1 or more 
     categories of positions in 1 or more geographic areas, 
     subject to the requirements of subsection (b)(1) and 
     regulations prescribed by the Office, if there is a high risk 
     that a significant portion of employees in the group would be 
     likely to leave in the absence of retention bonuses.
       ``(d) Except as provided in subsection (j), a bonus may be 
     paid only to an employee covered by the General Schedule pay 
     system established under subchapter III of chapter 53.
       ``(e)(1) Payment of a retention bonus is contingent upon 
     the employee entering into a written service agreement with 
     the agency to complete a period of employment with the 
     agency.
       ``(2)(A) The agreement shall include--
       ``(i) the length of the required service period;
       ``(ii) the amount of the bonus;
       ``(iii) the method of payment; and
       ``(iv) other terms and conditions under which the bonus is 
     payable, subject to subsections (f) and (g) and regulations 
     of the Office.
       ``(B) The terms and conditions for paying a bonus, as 
     specified in the service agreement, shall include--
       ``(i) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(ii) the effect of the termination.
       ``(3)(A) Notwithstanding paragraph (1), a written service 
     agreement is not required if the agency pays a retention 
     bonus in biweekly installments and sets the installment 
     payment at the full bonus percentage rate established for the 
     employee with no portion of the bonus deferred.
       ``(B) If an agency pays a retention bonus in accordance 
     with subparagraph (A) and makes a determination to terminate 
     the payments, the agency shall provide written notice to the 
     employee of that determination. Except as provided in 
     regulations of the Office, the employee shall continue to be 
     paid the retention bonus through the end of the pay period in 
     which such written notice is provided.
       ``(4) A retention bonus for an employee may not be based on 
     any period of such service which is the basis for a 
     recruitment or relocation bonus under section 5753.
       ``(f)(1) Except as provided in subsection (g), a retention 
     bonus, which shall be stated as a percentage of the 
     employee's basic pay for the service period associated with 
     the bonus, may not exceed--
       ``(A) 25 percent of the employee's basic pay if paid under 
     subsection (b); or
       ``(B) 10 percent of an employee's basic pay if paid under 
     subsection (c).
       ``(2) A retention bonus may be paid to an employee in 
     installments after completion of specified periods of service 
     or in a single lump sum at the end of the full period of 
     service required by the agreement. An installment payment may 
     not exceed the product derived from multiplying the amount of 
     basic pay earned in the installment period by a percentage 
     not to exceed the bonus percentage rate established for the 
     employee. If the installment payment percentage is less than 
     the bonus percentage rate, the accrued but unpaid portion of 
     the bonus is payable as part of the final installment payment 
     to the employee after completion of the full service period 
     under the terms of the service agreement.
       ``(3) A retention bonus is not part of the basic pay of an 
     employee for any purpose.
       ``(g) Upon the request of the head of an agency, the Office 
     may waive the limit established under subsection (f)(1) and 
     permit the agency head to pay an otherwise eligible employee 
     or category of employees retention bonuses of up to 50 
     percent of basic pay, based on a critical agency need.
       ``(h) The Office shall require that, before paying a bonus 
     under this section, an agency shall establish a plan for 
     paying retention bonuses, subject to regulations prescribed 
     by the Office.
       ``(i) The Office may prescribe regulations to carry out 
     this section.
       ``(j)(1) At the request of the head of an Executive agency, 
     the Office may extend coverage under this section to 
     categories of employees within the agency who otherwise would 
     not be covered by this section.
       ``(2) The Office shall not extend coverage under this 
     section to the head of an Executive agency, including an 
     Executive agency headed by a board or other collegial body 
     composed of 2 or more individual members.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by striking the item relating to section 5754 and 
     inserting the following:

``5754. Retention bonuses.''.
       (b) Relocation Payments.--Section 407 of the Federal 
     Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note; 
     104 Stat. 1467) is repealed.
       (c) Effective Date and Application.--
       (1) Effective date.--Except as provided under paragraphs 
     (2) and (3), this section shall take effect on the first day 
     of the first applicable pay period beginning on or after 180 
     days after the date of enactment of this Act.
       (2) Application to agreements.--A recruitment or relocation 
     bonus service agreement that was authorized under section 
     5753 of title 5, United States Code, before the effective 
     date under paragraph (1) shall continue, until its 
     expiration, to be subject to section 5753 as in effect on the 
     day before such effective date.
       (3) Application to allowances.--Payment of a retention 
     allowance that was authorized under section 5754 of title 5, 
     United States Code, before the effective date under paragraph 
     (1) shall continue, subject to section 5754 as in effect on 
     the day before such effective date, until the retention 
     allowance is reauthorized or terminated (but no longer than 1 
     year after such effective date).

     SEC. 202. STREAMLINED CRITICAL PAY AUTHORITY.

       Section 5377 of title 5, United States Code, is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) The Office of Personnel Management, in consultation 
     with the Office of Management and Budget, may, upon the 
     request of the head of an agency, grant authority to fix the 
     rate of basic pay for 1 or more positions in such agency in 
     accordance with this section.'';
       (2) in subsection (e)(1), by striking ``Office of 
     Management and Budget'' and inserting ``Office of Personnel 
     Management'';
       (3) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) The Office of Personnel Management may not authorize 
     the exercise of authority under this section with respect to 
     more than 800 positions at any 1 time, of which not more than 
     30 may, at any such time, be positions the rate of basic pay 
     for which would otherwise be determined under subchapter II.
       ``(g) The Office of Personnel Management shall consult with 
     the Office of Management and Budget before making any 
     decision to grant or terminate any authority under this 
     section.''; and
       (4) in subsection (h), by striking ``The Office of 
     Management and Budget shall report to the Committee on Post 
     Office and Civil Service'' and inserting ``The Office of 
     Personnel Management shall report to the Committee on 
     Government Reform.''.

TITLE III--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

     SEC. 301. AGENCY TRAINING.

       (a) Training To Accomplish Performance Plans and Strategic 
     Goals.--Section 4103 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(c) The head of each agency shall--
       ``(1) evaluate each program or plan established, operated, 
     or maintained under subsection (a) with respect to 
     accomplishing specific performance plans and strategic goals 
     in performing the agency mission; and
       ``(2) modify such program or plan to accomplish such plans 
     and goals.''.
       (b) Agency Training Officer; Specific Training Programs.--
       (1) In general.--Chapter 41 of title 5, United States Code, 
     is amended by adding after section 4119 the following:

     ``Sec. 4120. Agency training officer

       ``Each agency shall appoint or designate a training officer 
     who shall be responsible for developing, coordinating, and 
     administering training for the agency.

     ``Sec. 4121. Specific training programs

       ``In consultation with the Office of Personnel Management, 
     each head of an agency shall establish--
       ``(1) a comprehensive management succession program to 
     provide training to employees to develop managers for the 
     agency; and
       ``(2) a program to provide training to managers on actions, 
     options, and strategies a manager may use in--
       ``(A) relating to employees with unacceptable performances; 
     and
       ``(B) mentoring employees and improving employee 
     performance and productivity.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 41 of title 5, United States Code, is 
     amended by adding at the end the following:

``4120. Agency training officer.
``4121. Specific training programs.''.

     SEC. 302. ANNUAL LEAVE ENHANCEMENTS.

       (a) Accrual of Leave for Newly Hired Federal Employees With 
     Qualified Experience.--
       (1) In general.--Section 6303 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) In this subsection, the term `period of qualified 
     non-Federal service' means any equal period of service 
     performed by an individual that--
       ``(A) except for this subsection would not otherwise be 
     service performed by an employee for purposes of subsection 
     (a); and
       ``(B) was performed in a position--
       ``(i) the duties of which were directly related to the 
     duties of the position in an agency that such individual 
     holds; and
       ``(ii) which meets such other conditions as the Office of 
     Personnel Management shall prescribe by regulation.
       ``(2) For purposes of subsection (a), the head of an agency 
     may deem a period of qualified non-Federal service performed 
     by an individual to be a period of service performed as an 
     employee.''.
       (2) Effective date.--This section shall take effect 120 
     days after the date of enactment of this Act and shall only 
     apply to an individual hired on or after that effective date.

[[Page S1275]]

       (b) Senior Executive Service Annual Leave Enhancements.--
       (1) In general.--Section 6303(a) of title 5, United States 
     Code, is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding after paragraph (3) the following:
       ``(4) one day for each full biweekly pay period for an 
     employee in a position paid under section 5376 or 5383, or 
     for an employee in an equivalent category for which the 
     minimum rate of basic pay is greater than the rate payable at 
     GS-15, step 10.''.
       (2) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out the amendments made 
     by this subsection.
       (3) Effective dates.--
       (A) In general.--Paragraph (1) shall take effect 120 days 
     after the date of enactment of this Act.
       (B) Regulations.--Paragraph (2) shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 154. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the followimg:

           DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT

     SEC. __. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Federal Workforce Flexibility Act of 2003''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

           DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT

Sec. __. Short title; table of contents.

     TITLE I--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT

Sec. 101. Recruitment, relocation, and retention bonuses.
Sec. 102. Streamlined critical pay authority.

 TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

Sec. 201. Agency training.
Sec. 202. Annual leave enhancements.

     TITLE I--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT

     SEC. 101. RECRUITMENT, RELOCATION, AND RETENTION BONUSES.

       (a) Bonuses.--
       (1) In general.--Chapter 57 of title 5, United States Code, 
     is amended by striking sections 5753 and 5754 and inserting 
     the following:

     ``Sec. 5753. Recruitment and relocation bonuses

       ``(a) In this section, the term `employee' has the meaning 
     given that term under section 2105, except that such term 
     also includes an employee described under subsection (c) of 
     that section.
       ``(b)(1) The Office of Personnel Management may authorize 
     the head of an agency to pay a bonus to an individual 
     appointed or moved to a position that is likely to be 
     difficult to fill in the absence of such a bonus, if the 
     individual--
       ``(A)(i) is newly appointed as an employee of the Federal 
     Government; or
       ``(ii) is currently employed by the Federal Government and 
     moves to a new position in the same geographic area under 
     circumstances described in regulations of the Office; or
       ``(B) is currently employed by the Federal Government and 
     must relocate to accept a position stationed in a different 
     geographic area.
       ``(2) Except as provided by subsection (h), a bonus may be 
     paid under this section only to an employee covered by the 
     General Schedule pay system established under subchapter III 
     of chapter 53.
       ``(c)(1) Payment of a bonus under this section shall be 
     contingent upon the employee entering into a written service 
     agreement to complete a period of employment with the agency, 
     not to exceed 4 years. The Office may, by regulation, 
     prescribe a minimum service.
       ``(2)(A) The agreement shall include--
       ``(i) the length of the required service period;
       ``(ii) the amount of the bonus;
       ``(iii) the method of payment; and
       ``(iv) other terms and conditions under which the bonus is 
     payable, subject to subsections (d) and (e) and regulations 
     of the Office.
       ``(B) The terms and conditions for paying a bonus, as 
     specified in the service agreement, shall include--
       ``(i) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(ii) the effect of the termination.
       ``(3) The agreement shall be made effective upon employment 
     with the agency or movement to a new position or geographic 
     area, as applicable, except that a service agreement with 
     respect to a recruitment bonus may be made effective at a 
     later date under circumstances described in regulations of 
     the Office, such as when there is an initial period of formal 
     basic training.
       ``(d)(1) Except as provided in subsection (e), a bonus 
     under this section shall not exceed 25 percent of the annual 
     rate of basic pay of the employee at the beginning of the 
     service period multiplied by the number of years (or 
     fractions thereof) in the service period, not to exceed 4 
     years.
       ``(2) A bonus under this section may be paid as an initial 
     lump sum, in installments, as a final lump sum upon the 
     completion of the full service period, or in a combination of 
     these forms of payment.
       ``(3) A bonus under this section is not part of the basic 
     pay of an employee for any purpose.
       ``(4) Under regulations of the Office, a recruitment bonus 
     under this section may be paid to an eligible individual 
     before that individual enters on duty.
       ``(e) The Office may authorize the head of an agency to 
     waive the limitation under subsection (d)(1) based on a 
     critical agency need, subject to regulations prescribed by 
     the Office. Under such a waiver, the amount of the bonus may 
     be up to 50 percent of the employee's annual rate of basic 
     pay at the beginning of the service period multiplied by the 
     number of years (or fractions thereof) in the service period, 
     not to exceed 100 percent of the employee's annual rate of 
     basic pay at the beginning of the service period.
       ``(f) The Office shall require that, before paying a bonus 
     under this section, an agency shall establish a plan for 
     paying recruitment bonuses and a plan for paying relocation 
     bonuses, subject to regulations prescribed by the Office.
       ``(g) The Office may prescribe regulations to carry out 
     this section, including regulations relating to the repayment 
     of a recruitment or relocation bonus in appropriate 
     circumstances when the agreed-upon service period has not 
     been completed.
       ``(h)(1) At the request of the head of an Executive agency, 
     the Office may extend coverage under this section to 
     categories of employees within the agency who otherwise would 
     not be covered by this section.
       ``(2) The Office shall not extend coverage to the head of 
     an Executive agency, including an Executive agency headed by 
     a board or other collegial body composed of 2 or more 
     individual members.

     ``Sec. 5754. Retention bonuses

       ``(a) In this section, the term `employee' has the meaning 
     given that term under section 2105, except that such term 
     also includes an employee described in subsection (c) of that 
     section.
       ``(b) The Office of Personnel Management may authorize the 
     head of an agency to pay a retention bonus to an employee, 
     subject to regulations prescribed by the Office, if--
       ``(1) the unusually high or unique qualifications of the 
     employee or a special need of the agency for the employee's 
     services makes it essential to retain the employee; and
       ``(2) the agency determines that, in the absence of a 
     retention bonus, the employee would be likely to leave--
       ``(A) the Federal service; or
       ``(B) for a different position in the Federal service under 
     conditions described in regulations of the Office.
       ``(c) The Office may authorize the head of an agency to pay 
     retention bonuses to a group of employees in 1 or more 
     categories of positions in 1 or more geographic areas, 
     subject to the requirements of subsection (b)(1) and 
     regulations prescribed by the Office, if there is a high risk 
     that a significant portion of employees in the group would be 
     likely to leave in the absence of retention bonuses.
       ``(d) Except as provided in subsection (j), a bonus may be 
     paid only to an employee covered by the General Schedule pay 
     system established under subchapter III of chapter 53.
       ``(e)(1) Payment of a retention bonus is contingent upon 
     the employee entering into a written service agreement with 
     the agency to complete a period of employment with the 
     agency.
       ``(2)(A) The agreement shall include--
       ``(i) the length of the required service period;
       ``(ii) the amount of the bonus;
       ``(iii) the method of payment; and
       ``(iv) other terms and conditions under which the bonus is 
     payable, subject to subsections (f) and (g) and regulations 
     of the Office.
       ``(B) The terms and conditions for paying a bonus, as 
     specified in the service agreement, shall include--
       ``(i) the conditions under which the agreement may be 
     terminated before the agreed-upon service period has been 
     completed; and
       ``(ii) the effect of the termination.
       ``(3)(A) Notwithstanding paragraph (1), a written service 
     agreement is not required if the agency pays a retention 
     bonus in biweekly installments and sets the installment 
     payment at the full bonus percentage rate established for the 
     employee with no portion of the bonus deferred.
       ``(B) If an agency pays a retention bonus in accordance 
     with subparagraph (A) and makes a determination to terminate 
     the payments, the agency shall provide written notice to the 
     employee of that determination. Except as provided in 
     regulations of the Office, the employee shall continue to be 
     paid the retention bonus through the end of the pay period in 
     which such written notice is provided.
       ``(4) A retention bonus for an employee may not be based on 
     any period of such service which is the basis for a 
     recruitment or relocation bonus under section 5753.
       ``(f)(1) Except as provided in subsection (g), a retention 
     bonus, which shall be stated as a percentage of the 
     employee's basic pay for the service period associated with 
     the bonus, may not exceed--

[[Page S1276]]

       ``(A) 25 percent of the employee's basic pay if paid under 
     subsection (b); or
       ``(B) 10 percent of an employee's basic pay if paid under 
     subsection (c).
       ``(2) A retention bonus may be paid to an employee in 
     installments after completion of specified periods of service 
     or in a single lump sum at the end of the full period of 
     service required by the agreement. An installment payment may 
     not exceed the product derived from multiplying the amount of 
     basic pay earned in the installment period by a percentage 
     not to exceed the bonus percentage rate established for the 
     employee. If the installment payment percentage is less than 
     the bonus percentage rate, the accrued but unpaid portion of 
     the bonus is payable as part of the final installment payment 
     to the employee after completion of the full service period 
     under the terms of the service agreement.
       ``(3) A retention bonus is not part of the basic pay of an 
     employee for any purpose.
       ``(g) Upon the request of the head of an agency, the Office 
     may waive the limit established under subsection (f)(1) and 
     permit the agency head to pay an otherwise eligible employee 
     or category of employees retention bonuses of up to 50 
     percent of basic pay, based on a critical agency need.
       ``(h) The Office shall require that, before paying a bonus 
     under this section, an agency shall establish a plan for 
     paying retention bonuses, subject to regulations prescribed 
     by the Office.
       ``(i) The Office may prescribe regulations to carry out 
     this section.
       ``(j)(1) At the request of the head of an Executive agency, 
     the Office may extend coverage under this section to 
     categories of employees within the agency who otherwise would 
     not be covered by this section.
       ``(2) The Office shall not extend coverage under this 
     section to the head of an Executive agency, including an 
     Executive agency headed by a board or other collegial body 
     composed of 2 or more individual members.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by striking the item relating to section 5754 and 
     inserting the following:

``5754. Retention bonuses.''.
       (b) Relocation Payments.--Section 407 of the Federal 
     Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note; 
     104 Stat. 1467) is repealed.
       (c) Effective Date and Application.--
       (1) Effective date.--Except as provided under paragraphs 
     (2) and (3), this section shall take effect on the first day 
     of the first applicable pay period beginning on or after 180 
     days after the date of enactment of this Act.
       (2) Application to agreements.--A recruitment or relocation 
     bonus service agreement that was authorized under section 
     5753 of title 5, United States Code, before the effective 
     date under paragraph (1) shall continue, until its 
     expiration, to be subject to section 5753 as in effect on the 
     day before such effective date.
       (3) Application to allowances.--Payment of a retention 
     allowance that was authorized under section 5754 of title 5, 
     United States Code, before the effective date under paragraph 
     (1) shall continue, subject to section 5754 as in effect on 
     the day before such effective date, until the retention 
     allowance is reauthorized or terminated (but no longer than 1 
     year after such effective date).

     SEC. 102. STREAMLINED CRITICAL PAY AUTHORITY.

       Section 5377 of title 5, United States Code, is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) The Office of Personnel Management, in consultation 
     with the Office of Management and Budget, may, upon the 
     request of the head of an agency, grant authority to fix the 
     rate of basic pay for 1 or more positions in such agency in 
     accordance with this section.'';
       (2) in subsection (e)(1), by striking ``Office of 
     Management and Budget'' and inserting ``Office of Personnel 
     Management'';
       (3) by striking subsections (f) and (g) and inserting the 
     following:
       ``(f) The Office of Personnel Management may not authorize 
     the exercise of authority under this section with respect to 
     more than 800 positions at any 1 time, of which not more than 
     30 may, at any such time, be positions the rate of basic pay 
     for which would otherwise be determined under subchapter II.
       ``(g) The Office of Personnel Management shall consult with 
     the Office of Management and Budget before making any 
     decision to grant or terminate any authority under this 
     section.''; and
       (4) in subsection (h), by striking ``The Office of 
     Management and Budget shall report to the Committee on Post 
     Office and Civil Service'' and inserting ``The Office of 
     Personnel Management shall report to the Committee on 
     Government Reform.''.

 TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND 
                                BENEFITS

     SEC. 201. AGENCY TRAINING.

       (a) Training To Accomplish Performance Plans and Strategic 
     Goals.--Section 4103 of title 5, United States Code, is 
     amended by adding at the end the following:
       ``(c) The head of each agency shall--
       ``(1) evaluate each program or plan established, operated, 
     or maintained under subsection (a) with respect to 
     accomplishing specific performance plans and strategic goals 
     in performing the agency mission; and
       ``(2) modify such program or plan to accomplish such plans 
     and goals.''.
       (b) Agency Training Officer; Specific Training Programs.--
       (1) In general.--Chapter 41 of title 5, United States Code, 
     is amended by adding after section 4119 the following:

     ``Sec. 4120. Agency training officer

       ``Each agency shall appoint or designate a training officer 
     who shall be responsible for developing, coordinating, and 
     administering training for the agency.

     ``Sec. 4121. Specific training programs

       ``In consultation with the Office of Personnel Management, 
     each head of an agency shall establish--
       ``(1) a comprehensive management succession program to 
     provide training to employees to develop managers for the 
     agency; and
       ``(2) a program to provide training to managers on actions, 
     options, and strategies a manager may use in--
       ``(A) relating to employees with unacceptable performances; 
     and
       ``(B) mentoring employees and improving employee 
     performance and productivity.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 41 of title 5, United States Code, is 
     amended by adding at the end the following:

``4120. Agency training officer.
``4121. Specific training programs.''.

     SEC. 202. ANNUAL LEAVE ENHANCEMENTS.

       (a) Accrual of Leave for Newly Hired Federal Employees With 
     Qualified Experience.--
       (1) In general.--Section 6303 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(e)(1) In this subsection, the term `period of qualified 
     non-Federal service' means any equal period of service 
     performed by an individual that--
       ``(A) except for this subsection would not otherwise be 
     service performed by an employee for purposes of subsection 
     (a); and
       ``(B) was performed in a position--
       ``(i) the duties of which were directly related to the 
     duties of the position in an agency that such individual 
     holds; and
       ``(ii) which meets such other conditions as the Office of 
     Personnel Management shall prescribe by regulation.
       ``(2) For purposes of subsection (a), the head of an agency 
     may deem a period of qualified non-Federal service performed 
     by an individual to be a period of service performed as an 
     employee.''.
       (2) Effective date.--This section shall take effect 120 
     days after the date of enactment of this Act and shall only 
     apply to an individual hired on or after that effective date.
       (b) Senior Executive Service Annual Leave Enhancements.--
       (1) In general.--Section 6303(a) of title 5, United States 
     Code, is amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding after paragraph (3) the following:
       ``(4) one day for each full biweekly pay period for an 
     employee in a position paid under section 5376 or 5383, or 
     for an employee in an equivalent category for which the 
     minimum rate of basic pay is greater than the rate payable at 
     GS-15, step 10.''.
       (2) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Office of Personnel Management 
     shall prescribe regulations to carry out the amendments made 
     by this subsection.
       (3) Effective dates.--
       (A) In general.--Paragraph (1) shall take effect 120 days 
     after the date of enactment of this Act.
       (B) Regulations.--Paragraph (2) shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 155. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 488, on line 2, strike the period after the word 
     ``accomplishment'' and insert the following:
       ``: Provided further, That within funds available for the 
     purpose of implementing the Valles Caldera Preservation Act, 
     notwithstanding the limitations of 107(e)(2) of the Valles 
     Caldera Preservation Act (Public Law 106-248), for fiscal 
     year 2003, the members of the Board of Trustees of the Valles 
     Caldera Trust may receive, upon request, compensation for 
     each day (including travel time) that they are engaged in the 
     performance of the functions of the Board, except that 
     compensation shall not exceed the daily equivalent of the 
     annual rate in effect for members of the Senior Executive 
     Service at the ES-1 level, and shall be in addition to any 
     reimbursement for travel, subsistence and other necessary 
     expenses incurred by them in the performance of their duties, 
     and except that Members of the Board who are officers or 
     employees of the United States shall not receive any 
     additional compensation by reason of service on the Board.''
                                 ______
                                 
  SA 156. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for

[[Page S1277]]

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

       On page 489, line 8, after ``Service;'' add the following 
     new proviso: ``Provided further, That hazardous fuel 
     treatment dollars in the National Fire Plan are to go to the 
     County Partnership Restoration Program for forest restoration 
     on the Apache-Sitgreaves National Forest in Arizona, the 
     Lincoln National Forest in New Mexico, and the Grand Mesa, 
     Uncompahgre and Gunnison National Forest in Colorado;''
                                 ______
                                 
  SA 157. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to joint resolution H.J. Res. 
2, making further continuing appropriations for the fiscal year 2003, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 547, between lines 4 and 5, insert the following:

            TITLE __--T'UF SHUR BIEN PRESERVATION TRUST AREA

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``T'uf Shur Bien 
     Preservation Trust Area Act''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1748, the Pueblo of Sandia received a grant from a 
     representative of the King of Spain, which grant was 
     recognized and confirmed by Congress in 1858 (11 Stat. 374); 
     and
       (2) in 1994, the Pueblo filed a civil action against the 
     Secretary of the Interior and the Secretary of Agriculture in 
     the United States District Court for the District of Columbia 
     (Civil No. 1:94CV02624), asserting that Federal surveys of 
     the grant boundaries erroneously excluded certain land within 
     the Cibola National Forest, including a portion of the Sandia 
     Mountain Wilderness.
       (b) Purposes.--The purposes of this title are--
       (1) to establish the T'uf Shur Bien Preservation Trust Area 
     in the Cibola National Forest;
       (2) to confirm the status of national forest land and 
     wilderness land in the Area while resolving issues associated 
     with the civil action referred to in subsection (a)(2) and 
     the opinions of the Solicitor of the Department of the 
     Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and 
     January 19, 2001 (M-37002); and
       (3) to provide the Pueblo, the parties to the civil action, 
     and the public with a fair and just settlement of the 
     Pueblo's claim.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Area.--
       (A) In general.--The term ``Area'' means the T'uf Shur Bien 
     Preservation Trust Area, comprised of approximately 9890 
     acres of land in the Cibola National Forest, as depicted on 
     the map.
       (B) Exclusions.--The term ``Area'' does not include--
       (i) the subdivisions;
       (ii) Pueblo-owned land;
       (iii) the crest facilities; or
       (iv) the special use permit area.
       (2) Crest facilities.--The term ``crest facilities'' 
     means--
       (A) all facilities and developments located on the crest of 
     Sandia Mountain, including the Sandia Crest Electronic Site;
       (B) electronic site access roads;
       (C) the Crest House;
       (D) the upper terminal, restaurant, and related facilities 
     of Sandia Peak Tram Company;
       (E) the Crest Observation Area;
       (F) parking lots;
       (G) restrooms;
       (H) the Crest Trail (Trail No. 130);
       (I) hang glider launch sites;
       (J) the Kiwanis cabin; and
       (K) the land on which the facilities described in 
     subparagraphs (A) through (J) are located and the land 
     extending 100 feet along terrain to the west of each such 
     facility, unless a different distance is agreed to in writing 
     by the Secretary and the Pueblo and documented in the survey 
     of the Area.
       (3) Existing use.--The term ``existing use'' means a use 
     that--
       (A) is occurring in the Area as of the date of enactment of 
     this Act; or
       (B) is authorized in the Area after November 1, 1995, but 
     before the date of enactment of this Act.
       (4) La luz tract.--The term ``La Luz tract'' means the 
     tract comprised of approximately 31 acres of land owned in 
     fee by the Pueblo and depicted on the map.
       (5) Local public body.--The term ``local public body'' 
     means a political subdivision of the State of New Mexico (as 
     defined in New Mexico Code 6-5-1).
       (6) Map.--The term ``map'' means the Forest Service map 
     entitled ``T'uf Shur Bien Preservation Trust Area'' and dated 
     April 2000.
       (7) Modified use.--
       (A) In general.--The term ``modified use'' means an 
     existing use that, at any time after the date of enactment of 
     this Act, is modified or reconfigured but not significantly 
     expanded.
       (B) Inclusions.--The term ``modified use'' includes--
       (i) a trail or trailhead being modified, such as to 
     accommodate handicapped access;
       (ii) a parking area being reconfigured (but not expanded); 
     and
       (iii) a special use authorization for a group recreation 
     use being authorized for a different use area or time period.
       (8) New use.--
       (A) In general.--The term ``new use'' means--
       (i) a use that is not occurring in the Area as of the date 
     of enactment of this Act; and
       (ii) an existing use that is being modified so as to be 
     significantly expanded or altered in scope, dimension, or 
     impact on the land, water, air, or wildlife resources of the 
     Area.
       (B) Exclusions.--The term ``new use'' does not include a 
     use that--
       (i) is categorically excluded from documentation 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); or
       (ii) is carried out to comply with the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (9) Piedra lisa tract.--The term ``Piedra Lisa tract'' 
     means the tract comprised of approximately 160 acres of land 
     owned by the Pueblo and depicted on the map.
       (10) Pueblo.--The term ``Pueblo'' means the Pueblo of 
     Sandia in its governmental capacity.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (12) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     dated April 4, 2000, among the United States, the Pueblo, and 
     the Sandia Peak Tram Company.
       (13) Special use permit.--The term ``special use permit'' 
     means the Special Use Permit issued December 1, 1993, by the 
     Secretary to Sandia Peak Tram Company and Sandia Peak Ski 
     Company
       (14) Special use permit area.--
       (A) In general.--The term ``special use permit area'' means 
     the land and facilities subject to the special use permit.
       (B) Inclusions.--The term ``special use permit area'' 
     includes--
       (i) approximately 46 acres of land used as an aerial 
     tramway corridor;
       (ii) approximately 945 acres of land used as a ski area; 
     and
       (iii) the land and facilities described in Exhibit A to the 
     special use permit, including--

       (I) the maintenance road to the lower tram tower;
       (II) water storage and water distribution facilities; and
       (III) 7 helispots.

       (15) Subdivision.--The term ``subdivision'' means--
       (A) the subdivision of--
       (i) Sandia Heights Addition;
       (ii) Sandia Heights North Unit I, II, or 3;
       (iii) Tierra Monte;
       (iv) Valley View Acres; or
       (v) Evergreen Hills; and
       (B) any additional plat or privately-owned property 
     depicted on the map.
       (16) Traditional or cultural use.--The term ``traditional 
     or cultural use'' means--
       (A) a ceremonial activity (including the placing of 
     ceremonial materials in the Area); and
       (B) the use, hunting, trapping, or gathering of plants, 
     animals, wood, water, and other natural resources for a 
     noncommercial purpose.

     SEC. __04. T'UF SHUR BIEN PRESERVATION TRUST AREA.

       (a) Establishment.--The T'uf Shur Bien Preservation Trust 
     Area is established within the Cibola National Forest and the 
     Sandia Mountain Wilderness as depicted on the map--
       (1) to recognize and protect in perpetuity the rights and 
     interests of the Pueblo in and to the Area, as specified in 
     section __05(a);
       (2) to preserve in perpetuity the national forest and 
     wilderness character of the Area; and
       (3) to recognize and protect in perpetuity the longstanding 
     use and enjoyment of the Area by the public.
       (b) Administration and Applicable Law.--
       (1) In general.--The Secretary shall continue to administer 
     the Area as part of the National Forest System subject to and 
     consistent with the provisions of this title affecting 
     management of the Area.
       (2) Traditional or cultural uses.--Traditional or cultural 
     uses by Pueblo members and members of other federally-
     recognized Indian tribes authorized to use the Area by the 
     Pueblo under section __05(a)(4) shall not be restricted 
     except by--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; and
       (B) applicable Federal wildlife protection laws, as 
     provided in section __06(a)(2).
       (3) Later enactments.--To the extent that any law enacted 
     or amended after the date of enactment of this Act is 
     inconsistent with this title, the law shall not apply to the 
     Area unless expressly made applicable by Congress.
       (4) Trust.--The use of the word ``Trust'' in the name of 
     the Area--
       (A) is in recognition of the specific rights and interests 
     of the Pueblo in the Area; and
       (B) does not confer on the Pueblo the ownership interest 
     that exists in a case in which the Secretary of the Interior 
     accepts the title to land held in trust for the benefit of an 
     Indian tribe.
       (c) Map.--
       (1) Filing.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and a 
     legal description of the Area with the Committee on Resources 
     of the House of Representatives and

[[Page S1278]]

     with the Committee on Energy and Natural Resources of the 
     Senate.
       (2) Public availability.--The map and legal description 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service, Washington, 
     District of Columbia.
       (3) Effect.--The map and legal description filed under 
     paragraph (1) shall have the same effect as if the map and 
     legal description were included in this title, except that--
       (A) technical and typographical errors shall be corrected;
       (B) changes that may be necessary under subsection (b), 
     (d), or (e) of section __09 or subsection (b) or (c) of 
     section __13 shall be made; and
       (C) to the extent that the map and the language of this 
     title conflict, the language of this title shall control.
       (d) No Conveyance of Title.--No right, title, or interest 
     of the United States in or to the Area or any part of the 
     Area shall be conveyed to or exchanged with any person, 
     trust, or governmental entity, including the Pueblo, without 
     specific authorization of Congress.
       (e) Prohibited Uses.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) no use prohibited by the Wilderness Act (16 U.S.C. 1131 
     et seq.) as of the date of enactment of this Act shall be 
     permitted in the wilderness portion of the Area; and
       (B) none of the following uses shall be permitted in any 
     portion of the Area:
       (i) Gaming or gambling.
       (ii) Mineral production.
       (iii) Timber production.
       (iv) Any new use to which the Pueblo objects under section 
     __05(a)(3).
       (2) Mining claims.--The Area is closed to the location of 
     mining claims under section 2320 of the Revised Statutes (30 
     U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
       (f) No Modification of Boundaries.--Establishment of the 
     Area shall not--
       (1) affect the boundaries of or repeal or disestablish the 
     Sandia Mountain Wilderness or the Cibola National Forest; or
       (2) modify the existing boundary of the Pueblo grant.

     SEC. __05. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

       (a) In General.--The Pueblo shall have the following rights 
     and interests in the Area:
       (1) Free and unrestricted access to the Area for 
     traditional or cultural uses, to the extent that those uses 
     are not inconsistent with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; or
       (B) applicable Federal wildlife protection laws as provided 
     in section __06(a)(2).
       (2) Perpetual preservation of the national forest and 
     wilderness character of the Area under this title.
       (3) Rights in the management of the Area as specified in 
     section __07, including--
       (A) the right to consent or withhold consent to a new use;
       (B) the right to consultation regarding a modified use;
       (C) the right to consultation regarding the management and 
     preservation of the Area; and
       (D) the right to dispute resolution procedures.
       (4) Exclusive authority, in accordance with the customs and 
     laws of the Pueblo, to administer access to the Area for 
     traditional or cultural uses by members of the Pueblo and of 
     other federally-recognized Indian tribes.
       (5) Such other rights and interests as are recognized in 
     sections __04, __05(c), __07, __08, and __09.
       (b) Access.-- Except as provided in subsection (a)(4), 
     access to and use of the Area for all other purposes shall 
     continue to be administered by the Secretary.
       (c) Compensable Interest.--
       (1) In general.--If, by an Act of Congress enacted after 
     the date of enactment of this Act, Congress diminishes the 
     national forest or wilderness designation of the Area by 
     authorizing a use prohibited by section __04(e) in all or any 
     portion of the Area, or denies the Pueblo access for any 
     traditional or cultural use in all or any portion of the 
     Area--
       (A) the United States shall compensate the Pueblo as if the 
     Pueblo held a fee title interest in the affected portion of 
     the Area and as though the United States had acquired such an 
     interest by legislative exercise of the power of eminent 
     domain; and
       (B) the restrictions of sections __04(e) and __06(a) shall 
     be disregarded in determining just compensation owed to the 
     Pueblo.
       (2) Effect.--Any compensation made to the Pueblo under 
     paragraph (c) shall not affect the extinguishment of claims 
     under section __10.

     SEC. __06. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE 
                   AREA.

       (a) Limitations.--The rights and interests of the Pueblo 
     recognized in this title do not include--
       (1) any right to sell, grant, lease, convey, encumber, or 
     exchange land or any interest in land in the Area (and any 
     such conveyance shall not have validity in law or equity);
       (2) any exemption from applicable Federal wildlife 
     protection laws;
       (3) any right to engage in a use prohibited by section 
     __04(e); or
       (4) any right to exclude persons or governmental entities 
     from the Area.
       (b) Exception.--No person who exercises traditional or 
     cultural use rights as authorized by section __05(a)(4) may 
     be prosecuted for a Federal wildlife offense requiring proof 
     of a violation of a State law (including regulations).

     SEC. __07. MANAGEMENT OF THE AREA.

       (a) Process.--
       (1) In general.--The Secretary shall consult with the 
     Pueblo not less than twice each year, unless otherwise 
     mutually agreed, concerning protection, preservation, and 
     management of the Area (including proposed new uses and 
     modified uses in the Area and authorizations that are 
     anticipated during the next 6 months and were approved in the 
     preceding 6 months).
       (2) New uses.--
       (A) Request for consent after consultation.--
       (i) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after completion of the consultation 
     process, the Secretary shall not proceed with the new use.
       (ii) Granting of consent.--If the Pueblo consents to the 
     new use in writing or fails to respond within 30 days after 
     completion of the consultation process, the Secretary may 
     proceed with the notice and comment process and the 
     environmental analysis.
       (B) Final request for consent.--
       (i) Request.--Before the Secretary (or a designee) signs a 
     record of decision or decision notice for a proposed new use, 
     the Secretary shall again request the consent of the Pueblo.
       (ii) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after receipt by the Pueblo of the 
     proposed record of decision or decision notice, the new use 
     shall not be authorized.
       (iii) Failure to respond.--If the Pueblo fails to respond 
     to the consent request within 30 days after receipt of the 
     proposed record of decision or decision notice--

       (I) the Pueblo shall be deemed to have consented to the 
     proposed record of decision or decision notice; and
       (II) the Secretary may proceed to issue the final record of 
     decision or decision notice.

       (3) Public involvement.--
       (A) In general.--With respect to a proposed new use or 
     modified use, the public shall be provided notice of--
       (i) the purpose and need for the proposed new use or 
     modified use;
       (ii) the role of the Pueblo in the decisionmaking process; 
     and
       (iii) the position of the Pueblo on the proposal.
       (B) Court challenge.--Any person may bring a civil action 
     in the United States District Court for the District of New 
     Mexico to challenge a determination by the Secretary 
     concerning whether a use constitutes a new use or a modified 
     use.
       (b) Emergencies and Emergency Closure Orders.--
       (1) Authority.--The Secretary shall retain the authority of 
     the Secretary to manage emergency situations, to--
       (A) provide for public safety; and
       (B) issue emergency closure orders in the Area subject to 
     applicable law.
       (2) Notice.--The Secretary shall notify the Pueblo 
     regarding emergencies, public safety issues, and emergency 
     closure orders as soon as practicable.
       (3) No consent.--An action of the Secretary described in 
     paragraph (1) shall not require the consent of the Pueblo.
       (c) Disputes Involving Forest Service Management and Pueblo 
     Traditional Uses.--
       (1) In general.--In a case in which the management of the 
     Area by the Secretary conflicts with a traditional or 
     cultural use, if the conflict does not pertain to a new use 
     subject to the process specified in subsection (a)(2), the 
     process for dispute resolution specified in this subsection 
     shall apply.
       (2) Dispute resolution process.--
       (A) In general.--In the case of a conflict described in 
     paragraph (1)--
       (i) the party identifying the conflict shall notify the 
     other party in writing addressed to the Governor of the 
     Pueblo or the Regional Forester, as appropriate, specifying 
     the nature of the dispute; and
       (ii) the Governor of the Pueblo or the Regional Forester 
     shall attempt to resolve the dispute for a period of at least 
     30 days after notice has been provided before bringing a 
     civil action in the United States District Court for the 
     District of New Mexico.
       (B) Disputes requiring immediate resolution.--In the case 
     of a conflict that requires immediate resolution to avoid 
     imminent, substantial, and irreparable harm--
       (i) the party identifying the conflict shall notify the 
     other party and seek to resolve the dispute within 3 days of 
     the date of notification; and
       (ii) if the parties are unable to resolve the dispute 
     within 3 days--

       (I) either party may bring a civil action for immediate 
     relief in the United States District Court for the District 
     of New Mexico; and
       (II) the procedural requirements specified in subparagraph 
     (A) shall not apply.

     SEC. __08. JURISDICTION OVER THE AREA.

       (a) Criminal Jurisdiction.--
       (1) In general.--Notwithstanding any other provision of 
     law, jurisdiction over crimes committed in the Area shall be 
     allocated as provided in this paragraph.

[[Page S1279]]

       (2) Jurisdiction of the pueblo.--The Pueblo shall have 
     jurisdiction over an offense committed by a member of the 
     Pueblo or of another federally-recognized Indian tribe who is 
     present in the Area with the permission of the Pueblo under 
     section __05(a)(4).
       (3) Jurisdiction of the united states.--The United States 
     shall have jurisdiction over--
       (A) an offense described in section 1153 of title 18, 
     United States Code, committed by a member of the Pueblo or 
     another federally-recognized Indian tribe;
       (B) an offense committed by any person in violation of the 
     laws (including regulations) pertaining to the protection and 
     management of national forests;
       (C) enforcement of Federal criminal laws of general 
     applicability; and
       (D) any other offense committed by a member of the Pueblo 
     against a person not a member of the Pueblo.
       (4) Jurisdiction of the state of new mexico.--The State of 
     New Mexico shall have jurisdiction over an offense under the 
     law of the State committed by a person not a member of the 
     Pueblo.
       (5) Overlapping jurisdiction.--To the extent that the 
     respective allocations of jurisdiction over the Area under 
     paragraphs (2), (3), and (4) overlap, the governments shall 
     have concurrent jurisdiction.
       (6) Federal use of state law.--Under the jurisdiction of 
     the United States described in paragraph (3)(D), Federal law 
     shall incorporate any offense defined and punishable under 
     State law that is not so defined under Federal law.
       (b) Civil Jurisdiction.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the United States, the State of New Mexico, and local 
     public bodies shall have the same civil adjudicatory, 
     regulatory, and taxing jurisdiction over the Area as was 
     exercised by those entities on the day before the date of 
     enactment of this Act.
       (2) Jurisdiction of the pueblo.--
       (A) In general.--The Pueblo shall have exclusive civil 
     adjudicatory jurisdiction over--
       (i) a dispute involving only members of the Pueblo;
       (ii) a civil action brought by the Pueblo against a member 
     of the Pueblo; and
       (iii) a civil action brought by the Pueblo against a member 
     of another federally-recognized Indian tribe for a violation 
     of an understanding between the Pueblo and the other tribe 
     regarding use of or access to the Area for traditional or 
     cultural uses.
       (B) Regulatory jurisdiction.--The Pueblo shall have no 
     regulatory jurisdiction over the Area, except that the Pueblo 
     shall have exclusive authority to--
       (i) regulate traditional or cultural uses by the members of 
     the Pueblo and administer access to the Area by other 
     federally-recognized Indian tribes for traditional or 
     cultural uses, to the extent such regulation is consistent 
     with this title; and
       (ii) regulate hunting and trapping in the Area by members 
     of the Pueblo, to the extent that the hunting or trapping is 
     related to traditional or cultural uses, except that such 
     hunting and trapping outside of that portion of the Area in 
     sections 13, 14, 23, 24, and the northeast quarter of section 
     25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., 
     Sandoval County, New Mexico, shall be regulated by the Pueblo 
     in a manner consistent with the regulations of the State of 
     New Mexico concerning types of weapons and proximity of 
     hunting and trapping to trails and residences.
       (C) Taxing jurisdiction.--The Pueblo shall have no 
     authority to impose taxes within the Area.
       (3) State and local taxing jurisdiction.--The State of New 
     Mexico and local public bodies shall have no authority within 
     the Area to tax the uses or the property of the Pueblo, 
     members of the Pueblo, or members of other federally-
     recognized Indian tribes authorized to use the Area under 
     section __05(a)(4).

     SEC. __09. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

       (a) Subdivisions.--
       (1) In general.--The subdivisions are excluded from the 
     Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory or any other form of jurisdiction, over 
     the subdivisions and property interests therein, and the laws 
     of the Pueblo shall not apply to the subdivisions.
       (B) State jurisdiction.--The jurisdiction of the State of 
     New Mexico and local public bodies over the subdivisions and 
     property interests therein shall continue in effect, except 
     that on application of the Pueblo a tract comprised of 
     approximately 35 contiguous, nonsubdivided acres in the 
     northern section of Evergreen Hills owned in fee by the 
     Pueblo at the time of enactment of this Act, shall be 
     transferred to the United States and held in trust for the 
     Pueblo by the United States and administered by the Secretary 
     of the Interior.
       (3) Limitations on trust land.--Trust land described in 
     paragraph (2)(B) shall be subject to all limitations on use 
     pertaining to the Area contained in this title.
       (b) Piedra Lisa.--
       (1) In general.--The Piedra Lisa tract is excluded from the 
     Area.
       (2) Declaration of trust title.--The Piedra Lisa tract--
       (A) shall be transferred to the United States;
       (B) is declared to be held in trust for the Pueblo by the 
     United States; and
       (C) shall be administered by the Secretary of the Interior 
     subject to all limitations on use pertaining to the Area 
     contained in this title.
       (3) Applicability of certain restriction.--The restriction 
     contained in section __06(a)(4) shall not apply outside of 
     Forest Service System trails.
       (c) Crest Facilities.--
       (1) In general.--The land on which the crest facilities are 
     located is excluded from the Area.
       (2) Jurisdiction.--The Pueblo shall have no civil or 
     criminal jurisdiction for any purpose, including 
     adjudicatory, taxing, zoning, regulatory or any other form of 
     jurisdiction, over the land on which the crest facilities are 
     located and property interests therein, and the laws of the 
     Pueblo, shall not apply to that land. The preexisting 
     jurisdictional status of that land shall continue in effect.
       (d) Special Use Permit Area.--
       (1) In general.--The land described in the special use 
     permit is excluded from the Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory, or any other form of jurisdiction, over 
     the land described in the special use permit, and the laws of 
     the Pueblo shall not apply to that land.
       (B) Preexisting status.--The preexisting jurisdictional 
     status of that land shall continue in effect.
       (3) Amendment to plan.--In the event the special use 
     permit, during its existing term or any future terms or 
     extensions, requires amendment to include other land in the 
     Area necessary to realign the existing or any future 
     replacement tram line, associated structures, or facilities, 
     the land subject to that amendment shall thereafter be 
     excluded from the Area and shall have the same status under 
     this title as the land currently described in the special use 
     permit.
       (4) Land dedicated to aerial tramway and related uses.--Any 
     land dedicated to aerial tramway and related uses and 
     associated facilities that are excluded from the special use 
     permit through expiration, termination or the amendment 
     process shall thereafter be included in the Area, but only 
     after final agency action no longer subject to any appeals.
       (e) La Luz Tract.--
       (1) In general.--The La Luz tract now owned in fee by the 
     Pueblo is excluded from the Area and, on application by the 
     Pueblo, shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior subject to all limitations on 
     use pertaining to the Area contained in this title.
       (2) Nonapplicability of certain restriction.--The 
     restriction contained in section __06(a)(4) shall not apply 
     outside of Forest Service System trails.
       (f) Evergreen Hills Access.--The Secretary shall ensure 
     that Forest Service Road 333D, as depicted on the map, is 
     maintained in an adequate condition in accordance with 
     section 1323(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3210(a)).
       (g) Pueblo Fee Land.--Those properties not specifically 
     addressed in subsections (a) or (e) that are owned in fee by 
     the Pueblo within the subdivisions are excluded from the Area 
     and shall be subject to the jurisdictional provisions of 
     subsection (a).
       (h) Rights-of-Way.--
       (1) Road rights-of-way.--
       (A) In general.--In accordance with the Pueblo having given 
     its consent in the Settlement Agreement, the Secretary of the 
     Interior shall grant to the County of Bernalillo, New Mexico, 
     in perpetuity, the following irrevocable rights-of-way for 
     roads identified on the map in order to provide for public 
     access to the subdivisions, the special use permit land and 
     facilities, the other leasehold and easement rights and 
     interests of the Sandia Peak Tram Company and its affiliates, 
     the Sandia Heights South Subdivision, and the Area--
       (i) a right-of-way for Tramway Road;
       (ii) a right-of-way for Juniper Hill Road North;
       (iii) a right-of-way for Juniper Hill Road South;
       (iv) a right-of-way for Sandia Heights Road; and
       (v) a right-of-way for Juan Tabo Canyon Road (Forest Road 
     No. 333).
       (B) Conditions.--The road rights-of-way shall be subject to 
     the following conditions:
       (i) Such rights-of-way may not be expanded or otherwise 
     modified without the Pueblo's written consent, but road 
     maintenance to the rights-of-way shall not be subject to 
     Pueblo consent.
       (ii) The rights-of-way shall not authorize uses for any 
     purpose other than roads without the Pueblo's written 
     consent.
       (iii) Except as provided in the Settlement Agreement, 
     existing rights-of-way or leasehold interests and obligations 
     held by the Sandia Peak Tram Company and its affiliates, 
     shall be preserved, protected, and unaffected by this title.
       (2) Utility rights-of-way.--In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant irrevocable utility 
     rights-of-way in perpetuity across Pueblo land to appropriate 
     utility or other service providers serving Sandia Heights 
     Addition,

[[Page S1280]]

     Sandia Heights North Units I, II, and 3, the special use 
     permit land, Tierra Monte, and Valley View Acres, including 
     rights-of-way for natural gas, power, water, 
     telecommunications, and cable television services. Such 
     rights-of-way shall be within existing utility corridors as 
     depicted on the map or, for certain water lines, as described 
     in the existing grant of easement to the Sandia Peak Utility 
     Company; provided that use of water line easements outside 
     the utility corridors depicted on the map shall not be used 
     for utility purposes other than water lines and associated 
     facilities. Except where above-ground facilities already 
     exist, all new utility facilities shall be installed 
     underground unless the Pueblo agrees otherwise. To the extent 
     that enlargement of existing utility corridors is required 
     for any technologically-advanced telecommunication, 
     television, or utility services, the Pueblo shall not 
     unreasonably withhold agreement to a reasonable enlargement 
     of the easements described above.
       (3) Forest service rights-of-way.--In accordance with the 
     Pueblo having given its consent in the Settlement Agreement, 
     the Secretary of the Interior shall grant to the Forest 
     Service the following irrevocable rights-of-way in perpetuity 
     for Forest Service trails crossing land of the Pueblo in 
     order to provide for public access to the Area and through 
     Pueblo land--
       (A) a right-of-way for a portion of the Crest Spur Trail 
     (Trail No. 84), crossing a portion of the La Luz tract, as 
     identified on the map;
       (B) a right-of-way for the extension of the Foothills Trail 
     (Trail No. 365A), as identified on the map; and
       (C) a right-of-way for that portion of the Piedra Lisa 
     North-South Trail (Trail No. 135) crossing the Piedra Lisa 
     tract.

     SEC. __10. EXTINGUISHMENT OF CLAIMS.

       (a) In General.--Except for the rights and interests in and 
     to the Area specifically recognized in sections __04, __05, 
     __07, __08, and __09, all Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     land within the Area, any part thereof, and property 
     interests therein, as well as related boundary, survey, 
     trespass, and monetary damage claims, are permanently 
     extinguished. The United States' title to the Area is 
     confirmed.
       (b) Subdivisions.--Any Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     the subdivisions and property interests therein (except for 
     land owned in fee by the Pueblo as of the date of enactment 
     of this Act), as well as related boundary, survey, trespass, 
     and monetary damage claims, are permanently extinguished.
       (c) Special Use and Crest Facilities Areas.--Any Pueblo 
     right, title and interest of any kind, including aboriginal 
     claims, and related boundary, survey, trespass, and monetary 
     damage claims, are permanently extinguished in and to--
       (1) the land described in the special use permit; and
       (2) the land on which the crest facilities are located.
       (d) Pueblo Agreement.--As provided in the Settlement 
     Agreement, the Pueblo has agreed to the relinquishment and 
     extinguishment of those claims, rights, titles and interests 
     extinguished pursuant to subsection (a), (b) and (c).
       (e) Consideration.--The recognition of the Pueblo's rights 
     and interests in this title constitutes adequate 
     consideration for the Pueblo's agreement to the 
     extinguishment of the Pueblo's claims in this section and the 
     right-of-way grants contained in section __09, and it is the 
     intent of Congress that those rights and interests may only 
     be diminished by a future Act of Congress specifically 
     authorizing diminishment of such rights, with express 
     reference to this title.

     SEC. __11. CONSTRUCTION.

       (a) Strict Construction.--This title recognizes only 
     enumerated rights and interests, and no additional rights, 
     interests, obligations, or duties shall be created by 
     implication.
       (b) Existing Rights.--To the extent there exist within the 
     Area as of the date of enactment of this Act any valid 
     private property rights associated with private land that are 
     not otherwise addressed in this title, such rights are not 
     modified or otherwise affected by this title, nor is the 
     exercise of any such right subject to the Pueblo's right to 
     withhold consent to new uses in the Area as set forth in 
     section __05(a)(3)(A).
       (c) Not Precedent.--The provisions of this title creating 
     certain rights and interests in the National Forest System 
     are uniquely suited to resolve the Pueblo's claim and the 
     geographic and societal situation involved, and shall not be 
     construed as precedent for any other situation involving 
     management of the National Forest System.
       (d) Fish and Wildlife.--Except as provided in section 
     __08(b)(2)(B), nothing in this title shall be construed as 
     affecting the responsibilities of the State of New Mexico 
     with respect to fish and wildlife, including the regulation 
     of hunting, fishing, or trapping within the Area.
       (e) Federal Land Policy and Management Act.--Section 316 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1746) is amended by adding at the end the following: ``Any 
     corrections authorized by this section which affect the 
     boundaries of, or jurisdiction over, land administered by 
     another Federal agency shall be made only after consultation 
     with, and the approval of, the head of such other agency.''

     SEC. __12. JUDICIAL REVIEW.

       (a) Enforcement.--A civil action to enforce the provisions 
     of this title may be brought to the extent permitted under 
     chapter 7 of title 5, United States Code. Judicial review 
     shall be based on the administrative record and subject to 
     the applicable standard of review set forth in section 706 of 
     title 5, United States Code.
       (b) Waiver.--A civil action may be brought against the 
     Pueblo for declaratory judgment or injunctive relief under 
     this title, but no money damages, including costs or 
     attorney's fees, may be imposed on the Pueblo as a result of 
     such judicial action.
       (c) Venue.--Venue for any civil action provided for in this 
     section, as well as any civil action to contest the 
     constitutionality of this title, shall lie only in the United 
     States District Court for the District of New Mexico.

     SEC. __13. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND 
                   EXCHANGE.

       (a) Contributions.--
       (1) In general.--The Secretary may accept contributions 
     from the Pueblo, or from other persons or governmental 
     entities--
       (A) to perform and complete a survey of the Area; or
       (B) to carry out any other project or activity for the 
     benefit of the Area in accordance with this title.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete the 
     survey of the Area under paragraph (1)(A).
       (b) Land Exchange.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, after consultation with the Pueblo, 
     the Secretary shall, in accordance with applicable laws, 
     prepare and offer a land exchange of National Forest land 
     outside the Area and contiguous to the northern boundary of 
     the Pueblo's Reservation within sections 10, 11, and 14 of 
     T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
     wilderness land, for land owned by the Pueblo in the 
     Evergreen Hills subdivision in Sandoval County contiguous to 
     National Forest land, and the La Luz tract in Bernalillo 
     County.
       (2) Acceptance of payment.--Notwithstanding section 206(b) 
     of the Federal Land Policy and Management Act (43 U.S.C. 
     1716(b)), the Secretary may either make or accept a cash 
     equalization payment in excess of 25 percent of the total 
     value of the land or interests transferred out of Federal 
     ownership.
       (3) Funds received.--Any funds received by the Secretary as 
     a result of the exchange shall be deposited in the fund 
     established under the Act of December 4, 1967, known as the 
     Sisk Act (16 U.S.C. 484a), and shall be available to purchase 
     non-Federal land within or adjacent to the National Forests 
     in the State of New Mexico.
       (4) Treatment of land exchanged or conveyed.--All land 
     exchanged or conveyed to the Pueblo is declared to be held in 
     trust for the Pueblo by the United States and added to the 
     Pueblo's Reservation subject to all existing and outstanding 
     rights and shall remain in its natural state and shall not be 
     subject to commercial development of any kind. Land exchanged 
     or conveyed to the Forest Service shall be subject to all 
     limitations on use pertaining to the Area under this title.
       (5) Failure to make offer.--If the land exchange offer is 
     not made by the date that is 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives, a report explaining the 
     reasons for the failure to make the offer including an 
     assessment of the need for any additional legislation that 
     may be necessary for the exchange. If additional legislation 
     is not necessary, the Secretary, consistent with this 
     section, should proceed with the exchange pursuant to 
     existing law.
       (c) Land Acquisition and Other Compensation.--
       (1) In general.--The Secretary may acquire land owned by 
     the Pueblo within the Evergreen Hills Subdivision in Sandoval 
     County or any other privately held land inside of the 
     exterior boundaries of the Area. The boundaries of the Cibola 
     National Forest and the Area shall be adjusted to encompass 
     any land acquired pursuant to this section.
       (2) Piedra lisa tract.--Subject to the availability of 
     appropriations, the Secretary shall compensate the Pueblo for 
     the fair market value of--
       (A) the right-of-way established pursuant to section 
     __09(h)(3)(C); and
       (B) the conservation easement established by the 
     limitations on use of the Piedra Lisa tract pursuant to 
     section __09(b)(2).
       (d) Reimbursement of Certain Costs.--
       (1) In general.--The Pueblo, the County of Bernalillo, New 
     Mexico, and any person that owns or has owned property inside 
     of the exterior boundaries of the Area as designated on the 
     map, and who has incurred actual and direct costs as a result 
     of participating in the case of Pueblo of Sandia v. Babbitt, 
     Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
     related to resolving the issues litigated in that case, may 
     apply for reimbursement in accordance with this section. 
     Costs directly related to such participation which shall 
     qualify for reimbursement shall be--

[[Page S1281]]

       (A) dues or payments to a homeowner association for the 
     purpose of legal representation; and
       (B) legal fees and related expenses.
       (2) Treatment of reimbursement.--Any reimbursement provided 
     in this subsection shall be in lieu of that which might 
     otherwise be available pursuant to the Equal Access to 
     Justice Act (24 U.S.C. 2412).
       (3) Payments.--The Secretary of the Treasury shall make 
     reimbursement payments as provided in this section out of any 
     money not otherwise appropriated.
       (4) Applications.--Not later than 180 days after the date 
     of enactment of this Act, applications for reimbursement 
     shall be filed with the Department of the Treasury, Financial 
     Management Service, Washington, D.C.
       (5) Maximum reimbursement.--
       (A) In general.--No party shall be reimbursed in excess of 
     $750,000 under this section, and the total amount reimbursed 
     in accordance with this section shall not exceed $3,000,000.
       (B) Offset.--The percentage amount of each rescission 
     provided for under section 601 of division N shall be 
     increased by such percentage amount as is necessary to 
     rescind an amount of funds equal to the total amount 
     reimbursed under this section.

     SEC. __14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title, including such sums as are 
     necessary for the Forest Service to carry out 
     responsibilities of the Forest Service in accordance with 
     section __13(c).

     SEC. __15. EFFECTIVE DATE.

       The provisions of this title shall take effect immediately 
     on enactment of this Act.
                                 ______
                                 
  SA 158. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 547, between lines 4 and 5, insert the following:

            TITLE __--T'UF SHUR BIEN PRESERVATION TRUST AREA

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``T'uf Shur Bien 
     Preservation Trust Area Act''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1748, the Pueblo of Sandia received a grant from a 
     representative of the King of Spain, which grant was 
     recognized and confirmed by Congress in 1858 (11 Stat. 374); 
     and
       (2) in 1994, the Pueblo filed a civil action against the 
     Secretary of the Interior and the Secretary of Agriculture in 
     the United States District Court for the District of Columbia 
     (Civil No. 1:94CV02624), asserting that Federal surveys of 
     the grant boundaries erroneously excluded certain land within 
     the Cibola National Forest, including a portion of the Sandia 
     Mountain Wilderness.
       (b) Purposes.--The purposes of this title are--
       (1) to establish the T'uf Shur Bien Preservation Trust Area 
     in the Cibola National Forest;
       (2) to confirm the status of national forest land and 
     wilderness land in the Area while resolving issues associated 
     with the civil action referred to in subsection (a)(2) and 
     the opinions of the Solicitor of the Department of the 
     Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and 
     January 19, 2001 (M-37002); and
       (3) to provide the Pueblo, the parties to the civil action, 
     and the public with a fair and just settlement of the 
     Pueblo's claim.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Area.--
       (A) In general.--The term ``Area'' means the T'uf Shur Bien 
     Preservation Trust Area, comprised of approximately 9890 
     acres of land in the Cibola National Forest, as depicted on 
     the map.
       (B) Exclusions.--The term ``Area'' does not include--
       (i) the subdivisions;
       (ii) Pueblo-owned land;
       (iii) the crest facilities; or
       (iv) the special use permit area.
       (2) Crest facilities.--The term ``crest facilities'' 
     means--
       (A) all facilities and developments located on the crest of 
     Sandia Mountain, including the Sandia Crest Electronic Site;
       (B) electronic site access roads;
       (C) the Crest House;
       (D) the upper terminal, restaurant, and related facilities 
     of Sandia Peak Tram Company;
       (E) the Crest Observation Area;
       (F) parking lots;
       (G) restrooms;
       (H) the Crest Trail (Trail No. 130);
       (I) hang glider launch sites;
       (J) the Kiwanis cabin; and
       (K) the land on which the facilities described in 
     subparagraphs (A) through (J) are located and the land 
     extending 100 feet along terrain to the west of each such 
     facility, unless a different distance is agreed to in writing 
     by the Secretary and the Pueblo and documented in the survey 
     of the Area.
       (3) Existing use.--The term ``existing use'' means a use 
     that--
       (A) is occurring in the Area as of the date of enactment of 
     this Act; or
       (B) is authorized in the Area after November 1, 1995, but 
     before the date of enactment of this Act.
       (4) La luz tract.--The term ``La Luz tract'' means the 
     tract comprised of approximately 31 acres of land owned in 
     fee by the Pueblo and depicted on the map.
       (5) Local public body.--The term ``local public body'' 
     means a political subdivision of the State of New Mexico (as 
     defined in New Mexico Code 6-5-1).
       (6) Map.--The term ``map'' means the Forest Service map 
     entitled ``T'uf Shur Bien Preservation Trust Area'' and dated 
     April 2000.
       (7) Modified use.--
       (A) In general.--The term ``modified use'' means an 
     existing use that, at any time after the date of enactment of 
     this Act, is modified or reconfigured but not significantly 
     expanded.
       (B) Inclusions.--The term ``modified use'' includes--
       (i) a trail or trailhead being modified, such as to 
     accommodate handicapped access;
       (ii) a parking area being reconfigured (but not expanded); 
     and
       (iii) a special use authorization for a group recreation 
     use being authorized for a different use area or time period.
       (8) New use.--
       (A) In general.--The term ``new use'' means--
       (i) a use that is not occurring in the Area as of the date 
     of enactment of this Act; and
       (ii) an existing use that is being modified so as to be 
     significantly expanded or altered in scope, dimension, or 
     impact on the land, water, air, or wildlife resources of the 
     Area.
       (B) Exclusions.--The term ``new use'' does not include a 
     use that--
       (i) is categorically excluded from documentation 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); or
       (ii) is carried out to comply with the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (9) Piedra lisa tract.--The term ``Piedra Lisa tract'' 
     means the tract comprised of approximately 160 acres of land 
     owned by the Pueblo and depicted on the map.
       (10) Pueblo.--The term ``Pueblo'' means the Pueblo of 
     Sandia in its governmental capacity.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (12) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     dated April 4, 2000, among the United States, the Pueblo, and 
     the Sandia Peak Tram Company.
       (13) Special use permit.--The term ``special use permit'' 
     means the Special Use Permit issued December 1, 1993, by the 
     Secretary to Sandia Peak Tram Company and Sandia Peak Ski 
     Company
       (14) Special use permit area.--
       (A) In general.--The term ``special use permit area'' means 
     the land and facilities subject to the special use permit.
       (B) Inclusions.--The term ``special use permit area'' 
     includes--
       (i) approximately 46 acres of land used as an aerial 
     tramway corridor;
       (ii) approximately 945 acres of land used as a ski area; 
     and
       (iii) the land and facilities described in Exhibit A to the 
     special use permit, including--

       (I) the maintenance road to the lower tram tower;
       (II) water storage and water distribution facilities; and
       (III) 7 helispots.

       (15) Subdivision.--The term ``subdivision'' means--
       (A) the subdivision of--
       (i) Sandia Heights Addition;
       (ii) Sandia Heights North Unit I, II, or 3;
       (iii) Tierra Monte;
       (iv) Valley View Acres; or
       (v) Evergreen Hills; and
       (B) any additional plat or privately-owned property 
     depicted on the map.
       (16) Traditional or cultural use.--The term ``traditional 
     or cultural use'' means--
       (A) a ceremonial activity (including the placing of 
     ceremonial materials in the Area); and
       (B) the use, hunting, trapping, or gathering of plants, 
     animals, wood, water, and other natural resources for a 
     noncommercial purpose.

     SEC. __04. T'UF SHUR BIEN PRESERVATION TRUST AREA.

       (a) Establishment.--The T'uf Shur Bien Preservation Trust 
     Area is established within the Cibola National Forest and the 
     Sandia Mountain Wilderness as depicted on the map--
       (1) to recognize and protect in perpetuity the rights and 
     interests of the Pueblo in and to the Area, as specified in 
     section __05(a);
       (2) to preserve in perpetuity the national forest and 
     wilderness character of the Area; and
       (3) to recognize and protect in perpetuity the longstanding 
     use and enjoyment of the Area by the public.
       (b) Administration and Applicable Law.--
       (1) In general.--The Secretary shall continue to administer 
     the Area as part of the National Forest System subject to and 
     consistent with the provisions of this title affecting 
     management of the Area.
       (2) Traditional or cultural uses.--Traditional or cultural 
     uses by Pueblo members and members of other federally-
     recognized Indian tribes authorized to use the Area by

[[Page S1282]]

     the Pueblo under section __05(a)(4) shall not be restricted 
     except by--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; and
       (B) applicable Federal wildlife protection laws, as 
     provided in section __06(a)(2).
       (3) Later enactments.--To the extent that any law enacted 
     or amended after the date of enactment of this Act is 
     inconsistent with this title, the law shall not apply to the 
     Area unless expressly made applicable by Congress.
       (4) Trust.--The use of the word ``Trust'' in the name of 
     the Area--
       (A) is in recognition of the specific rights and interests 
     of the Pueblo in the Area; and
       (B) does not confer on the Pueblo the ownership interest 
     that exists in a case in which the Secretary of the Interior 
     accepts the title to land held in trust for the benefit of an 
     Indian tribe.
       (c) Map.--
       (1) Filing.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and a 
     legal description of the Area with the Committee on Resources 
     of the House of Representatives and with the Committee on 
     Energy and Natural Resources of the Senate.
       (2) Public availability.--The map and legal description 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service, Washington, 
     District of Columbia.
       (3) Effect.--The map and legal description filed under 
     paragraph (1) shall have the same effect as if the map and 
     legal description were included in this title, except that--
       (A) technical and typographical errors shall be corrected;
       (B) changes that may be necessary under subsection (b), 
     (d), or (e) of section __09 or subsection (b) or (c) of 
     section __13 shall be made; and
       (C) to the extent that the map and the language of this 
     title conflict, the language of this title shall control.
       (d) No Conveyance of Title.--No right, title, or interest 
     of the United States in or to the Area or any part of the 
     Area shall be conveyed to or exchanged with any person, 
     trust, or governmental entity, including the Pueblo, without 
     specific authorization of Congress.
       (e) Prohibited Uses.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) no use prohibited by the Wilderness Act (16 U.S.C. 1131 
     et seq.) as of the date of enactment of this Act shall be 
     permitted in the wilderness portion of the Area; and
       (B) none of the following uses shall be permitted in any 
     portion of the Area:
       (i) Gaming or gambling.
       (ii) Mineral production.
       (iii) Timber production.
       (iv) Any new use to which the Pueblo objects under section 
     __05(a)(3).
       (2) Mining claims.--The Area is closed to the location of 
     mining claims under section 2320 of the Revised Statutes (30 
     U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
       (f) No Modification of Boundaries.--Establishment of the 
     Area shall not--
       (1) affect the boundaries of or repeal or disestablish the 
     Sandia Mountain Wilderness or the Cibola National Forest; or
       (2) modify the existing boundary of the Pueblo grant.

     SEC. __05. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

       (a) In General.--The Pueblo shall have the following rights 
     and interests in the Area:
       (1) Free and unrestricted access to the Area for 
     traditional or cultural uses, to the extent that those uses 
     are not inconsistent with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; or
       (B) applicable Federal wildlife protection laws as provided 
     in section __06(a)(2).
       (2) Perpetual preservation of the national forest and 
     wilderness character of the Area under this title.
       (3) Rights in the management of the Area as specified in 
     section __07, including--
       (A) the right to consent or withhold consent to a new use;
       (B) the right to consultation regarding a modified use;
       (C) the right to consultation regarding the management and 
     preservation of the Area; and
       (D) the right to dispute resolution procedures.
       (4) Exclusive authority, in accordance with the customs and 
     laws of the Pueblo, to administer access to the Area for 
     traditional or cultural uses by members of the Pueblo and of 
     other federally-recognized Indian tribes.
       (5) Such other rights and interests as are recognized in 
     sections __04, __05(c), __07, __08, and __09.
       (b) Access.-- Except as provided in subsection (a)(4), 
     access to and use of the Area for all other purposes shall 
     continue to be administered by the Secretary.
       (c) Compensable Interest.--
       (1) In general.--If, by an Act of Congress enacted after 
     the date of enactment of this Act, Congress diminishes the 
     national forest or wilderness designation of the Area by 
     authorizing a use prohibited by section __04(e) in all or any 
     portion of the Area, or denies the Pueblo access for any 
     traditional or cultural use in all or any portion of the 
     Area--
       (A) the United States shall compensate the Pueblo as if the 
     Pueblo held a fee title interest in the affected portion of 
     the Area and as though the United States had acquired such an 
     interest by legislative exercise of the power of eminent 
     domain; and
       (B) the restrictions of sections __04(e) and __06(a) shall 
     be disregarded in determining just compensation owed to the 
     Pueblo.
       (2) Effect.--Any compensation made to the Pueblo under 
     paragraph (c) shall not affect the extinguishment of claims 
     under section __10.

     SEC. __06. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE 
                   AREA.

       (a) Limitations.--The rights and interests of the Pueblo 
     recognized in this title do not include--
       (1) any right to sell, grant, lease, convey, encumber, or 
     exchange land or any interest in land in the Area (and any 
     such conveyance shall not have validity in law or equity);
       (2) any exemption from applicable Federal wildlife 
     protection laws;
       (3) any right to engage in a use prohibited by section 
     __04(e); or
       (4) any right to exclude persons or governmental entities 
     from the Area.
       (b) Exception.--No person who exercises traditional or 
     cultural use rights as authorized by section __05(a)(4) may 
     be prosecuted for a Federal wildlife offense requiring proof 
     of a violation of a State law (including regulations).

     SEC. __07. MANAGEMENT OF THE AREA.

       (a) Process.--
       (1) In general.--The Secretary shall consult with the 
     Pueblo not less than twice each year, unless otherwise 
     mutually agreed, concerning protection, preservation, and 
     management of the Area (including proposed new uses and 
     modified uses in the Area and authorizations that are 
     anticipated during the next 6 months and were approved in the 
     preceding 6 months).
       (2) New uses.--
       (A) Request for consent after consultation.--
       (i) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after completion of the consultation 
     process, the Secretary shall not proceed with the new use.
       (ii) Granting of consent.--If the Pueblo consents to the 
     new use in writing or fails to respond within 30 days after 
     completion of the consultation process, the Secretary may 
     proceed with the notice and comment process and the 
     environmental analysis.
       (B) Final request for consent.--
       (i) Request.--Before the Secretary (or a designee) signs a 
     record of decision or decision notice for a proposed new use, 
     the Secretary shall again request the consent of the Pueblo.
       (ii) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after receipt by the Pueblo of the 
     proposed record of decision or decision notice, the new use 
     shall not be authorized.
       (iii) Failure to respond.--If the Pueblo fails to respond 
     to the consent request within 30 days after receipt of the 
     proposed record of decision or decision notice--

       (I) the Pueblo shall be deemed to have consented to the 
     proposed record of decision or decision notice; and
       (II) the Secretary may proceed to issue the final record of 
     decision or decision notice.

       (3) Public involvement.--
       (A) In general.--With respect to a proposed new use or 
     modified use, the public shall be provided notice of--
       (i) the purpose and need for the proposed new use or 
     modified use;
       (ii) the role of the Pueblo in the decisionmaking process; 
     and
       (iii) the position of the Pueblo on the proposal.
       (B) Court challenge.--Any person may bring a civil action 
     in the United States District Court for the District of New 
     Mexico to challenge a determination by the Secretary 
     concerning whether a use constitutes a new use or a modified 
     use.
       (b) Emergencies and Emergency Closure Orders.--
       (1) Authority.--The Secretary shall retain the authority of 
     the Secretary to manage emergency situations, to--
       (A) provide for public safety; and
       (B) issue emergency closure orders in the Area subject to 
     applicable law.
       (2) Notice.--The Secretary shall notify the Pueblo 
     regarding emergencies, public safety issues, and emergency 
     closure orders as soon as practicable.
       (3) No consent.--An action of the Secretary described in 
     paragraph (1) shall not require the consent of the Pueblo.
       (c) Disputes Involving Forest Service Management and Pueblo 
     Traditional Uses.--
       (1) In general.--In a case in which the management of the 
     Area by the Secretary conflicts with a traditional or 
     cultural use, if the conflict does not pertain to a new use 
     subject to the process specified in subsection (a)(2), the 
     process for dispute resolution specified in this subsection 
     shall apply.
       (2) Dispute resolution process.--
       (A) In general.--In the case of a conflict described in 
     paragraph (1)--
       (i) the party identifying the conflict shall notify the 
     other party in writing addressed to the Governor of the 
     Pueblo or the Regional Forester, as appropriate, specifying 
     the nature of the dispute; and

[[Page S1283]]

       (ii) the Governor of the Pueblo or the Regional Forester 
     shall attempt to resolve the dispute for a period of at least 
     30 days after notice has been provided before bringing a 
     civil action in the United States District Court for the 
     District of New Mexico.
       (B) Disputes requiring immediate resolution.--In the case 
     of a conflict that requires immediate resolution to avoid 
     imminent, substantial, and irreparable harm--
       (i) the party identifying the conflict shall notify the 
     other party and seek to resolve the dispute within 3 days of 
     the date of notification; and
       (ii) if the parties are unable to resolve the dispute 
     within 3 days--

       (I) either party may bring a civil action for immediate 
     relief in the United States District Court for the District 
     of New Mexico; and
       (II) the procedural requirements specified in subparagraph 
     (A) shall not apply.

     SEC. __08. JURISDICTION OVER THE AREA.

       (a) Criminal Jurisdiction.--
       (1) In general.--Notwithstanding any other provision of 
     law, jurisdiction over crimes committed in the Area shall be 
     allocated as provided in this paragraph.
       (2) Jurisdiction of the pueblo.--The Pueblo shall have 
     jurisdiction over an offense committed by a member of the 
     Pueblo or of another federally-recognized Indian tribe who is 
     present in the Area with the permission of the Pueblo under 
     section __05(a)(4).
       (3) Jurisdiction of the united states.--The United States 
     shall have jurisdiction over--
       (A) an offense described in section 1153 of title 18, 
     United States Code, committed by a member of the Pueblo or 
     another federally-recognized Indian tribe;
       (B) an offense committed by any person in violation of the 
     laws (including regulations) pertaining to the protection and 
     management of national forests;
       (C) enforcement of Federal criminal laws of general 
     applicability; and
       (D) any other offense committed by a member of the Pueblo 
     against a person not a member of the Pueblo.
       (4) Jurisdiction of the state of new mexico.--The State of 
     New Mexico shall have jurisdiction over an offense under the 
     law of the State committed by a person not a member of the 
     Pueblo.
       (5) Overlapping jurisdiction.--To the extent that the 
     respective allocations of jurisdiction over the Area under 
     paragraphs (2), (3), and (4) overlap, the governments shall 
     have concurrent jurisdiction.
       (6) Federal use of state law.--Under the jurisdiction of 
     the United States described in paragraph (3)(D), Federal law 
     shall incorporate any offense defined and punishable under 
     State law that is not so defined under Federal law.
       (b) Civil Jurisdiction.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the United States, the State of New Mexico, and local 
     public bodies shall have the same civil adjudicatory, 
     regulatory, and taxing jurisdiction over the Area as was 
     exercised by those entities on the day before the date of 
     enactment of this Act.
       (2) Jurisdiction of the pueblo.--
       (A) In general.--The Pueblo shall have exclusive civil 
     adjudicatory jurisdiction over--
       (i) a dispute involving only members of the Pueblo;
       (ii) a civil action brought by the Pueblo against a member 
     of the Pueblo; and
       (iii) a civil action brought by the Pueblo against a member 
     of another federally-recognized Indian tribe for a violation 
     of an understanding between the Pueblo and the other tribe 
     regarding use of or access to the Area for traditional or 
     cultural uses.
       (B) Regulatory jurisdiction.--The Pueblo shall have no 
     regulatory jurisdiction over the Area, except that the Pueblo 
     shall have exclusive authority to--
       (i) regulate traditional or cultural uses by the members of 
     the Pueblo and administer access to the Area by other 
     federally-recognized Indian tribes for traditional or 
     cultural uses, to the extent such regulation is consistent 
     with this title; and
       (ii) regulate hunting and trapping in the Area by members 
     of the Pueblo, to the extent that the hunting or trapping is 
     related to traditional or cultural uses, except that such 
     hunting and trapping outside of that portion of the Area in 
     sections 13, 14, 23, 24, and the northeast quarter of section 
     25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., 
     Sandoval County, New Mexico, shall be regulated by the Pueblo 
     in a manner consistent with the regulations of the State of 
     New Mexico concerning types of weapons and proximity of 
     hunting and trapping to trails and residences.
       (C) Taxing jurisdiction.--The Pueblo shall have no 
     authority to impose taxes within the Area.
       (3) State and local taxing jurisdiction.--The State of New 
     Mexico and local public bodies shall have no authority within 
     the Area to tax the uses or the property of the Pueblo, 
     members of the Pueblo, or members of other federally-
     recognized Indian tribes authorized to use the Area under 
     section __05(a)(4).

     SEC. __09. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

       (a) Subdivisions.--
       (1) In general.--The subdivisions are excluded from the 
     Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory or any other form of jurisdiction, over 
     the subdivisions and property interests therein, and the laws 
     of the Pueblo shall not apply to the subdivisions.
       (B) State jurisdiction.--The jurisdiction of the State of 
     New Mexico and local public bodies over the subdivisions and 
     property interests therein shall continue in effect, except 
     that on application of the Pueblo a tract comprised of 
     approximately 35 contiguous, nonsubdivided acres in the 
     northern section of Evergreen Hills owned in fee by the 
     Pueblo at the time of enactment of this Act, shall be 
     transferred to the United States and held in trust for the 
     Pueblo by the United States and administered by the Secretary 
     of the Interior.
       (3) Limitations on trust land.--Trust land described in 
     paragraph (2)(B) shall be subject to all limitations on use 
     pertaining to the Area contained in this title.
       (b) Piedra Lisa.--
       (1) In general.--The Piedra Lisa tract is excluded from the 
     Area.
       (2) Declaration of trust title.--The Piedra Lisa tract--
       (A) shall be transferred to the United States;
       (B) is declared to be held in trust for the Pueblo by the 
     United States; and
       (C) shall be administered by the Secretary of the Interior 
     subject to all limitations on use pertaining to the Area 
     contained in this title.
       (3) Applicability of certain restriction.--The restriction 
     contained in section __06(a)(4) shall not apply outside of 
     Forest Service System trails.
       (c) Crest Facilities.--
       (1) In general.--The land on which the crest facilities are 
     located is excluded from the Area.
       (2) Jurisdiction.--The Pueblo shall have no civil or 
     criminal jurisdiction for any purpose, including 
     adjudicatory, taxing, zoning, regulatory or any other form of 
     jurisdiction, over the land on which the crest facilities are 
     located and property interests therein, and the laws of the 
     Pueblo, shall not apply to that land. The preexisting 
     jurisdictional status of that land shall continue in effect.
       (d) Special Use Permit Area.--
       (1) In general.--The land described in the special use 
     permit is excluded from the Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory, or any other form of jurisdiction, over 
     the land described in the special use permit, and the laws of 
     the Pueblo shall not apply to that land.
       (B) Preexisting status.--The preexisting jurisdictional 
     status of that land shall continue in effect.
       (3) Amendment to plan.--In the event the special use 
     permit, during its existing term or any future terms or 
     extensions, requires amendment to include other land in the 
     Area necessary to realign the existing or any future 
     replacement tram line, associated structures, or facilities, 
     the land subject to that amendment shall thereafter be 
     excluded from the Area and shall have the same status under 
     this title as the land currently described in the special use 
     permit.
       (4) Land dedicated to aerial tramway and related uses.--Any 
     land dedicated to aerial tramway and related uses and 
     associated facilities that are excluded from the special use 
     permit through expiration, termination or the amendment 
     process shall thereafter be included in the Area, but only 
     after final agency action no longer subject to any appeals.
       (e) La Luz Tract.--
       (1) In general.--The La Luz tract now owned in fee by the 
     Pueblo is excluded from the Area and, on application by the 
     Pueblo, shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior subject to all limitations on 
     use pertaining to the Area contained in this title.
       (2) Nonapplicability of certain restriction.--The 
     restriction contained in section __06(a)(4) shall not apply 
     outside of Forest Service System trails.
       (f) Evergreen Hills Access.--The Secretary shall ensure 
     that Forest Service Road 333D, as depicted on the map, is 
     maintained in an adequate condition in accordance with 
     section 1323(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3210(a)).
       (g) Pueblo Fee Land.--Those properties not specifically 
     addressed in subsections (a) or (e) that are owned in fee by 
     the Pueblo within the subdivisions are excluded from the Area 
     and shall be subject to the jurisdictional provisions of 
     subsection (a).
       (h) Rights-of-Way.--
       (1) Road rights-of-way.--
       (A) In general.--In accordance with the Pueblo having given 
     its consent in the Settlement Agreement, the Secretary of the 
     Interior shall grant to the County of Bernalillo, New Mexico, 
     in perpetuity, the following irrevocable rights-of-way for 
     roads identified on the map in order to provide for public 
     access to the subdivisions, the special use permit land and 
     facilities, the other leasehold and easement rights and 
     interests of the Sandia Peak Tram Company and its affiliates, 
     the Sandia Heights South Subdivision, and the Area--
       (i) a right-of-way for Tramway Road;
       (ii) a right-of-way for Juniper Hill Road North;
       (iii) a right-of-way for Juniper Hill Road South;

[[Page S1284]]

       (iv) a right-of-way for Sandia Heights Road; and
       (v) a right-of-way for Juan Tabo Canyon Road (Forest Road 
     No. 333).
       (B) Conditions.--The road rights-of-way shall be subject to 
     the following conditions:
       (i) Such rights-of-way may not be expanded or otherwise 
     modified without the Pueblo's written consent, but road 
     maintenance to the rights-of-way shall not be subject to 
     Pueblo consent.
       (ii) The rights-of-way shall not authorize uses for any 
     purpose other than roads without the Pueblo's written 
     consent.
       (iii) Except as provided in the Settlement Agreement, 
     existing rights-of-way or leasehold interests and obligations 
     held by the Sandia Peak Tram Company and its affiliates, 
     shall be preserved, protected, and unaffected by this title.
       (2) Utility rights-of-way.--In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant irrevocable utility 
     rights-of-way in perpetuity across Pueblo land to appropriate 
     utility or other service providers serving Sandia Heights 
     Addition, Sandia Heights North Units I, II, and 3, the 
     special use permit land, Tierra Monte, and Valley View Acres, 
     including rights-of-way for natural gas, power, water, 
     telecommunications, and cable television services. Such 
     rights-of-way shall be within existing utility corridors as 
     depicted on the map or, for certain water lines, as described 
     in the existing grant of easement to the Sandia Peak Utility 
     Company; provided that use of water line easements outside 
     the utility corridors depicted on the map shall not be used 
     for utility purposes other than water lines and associated 
     facilities. Except where above-ground facilities already 
     exist, all new utility facilities shall be installed 
     underground unless the Pueblo agrees otherwise. To the extent 
     that enlargement of existing utility corridors is required 
     for any technologically-advanced telecommunication, 
     television, or utility services, the Pueblo shall not 
     unreasonably withhold agreement to a reasonable enlargement 
     of the easements described above.
       (3) Forest service rights-of-way.--In accordance with the 
     Pueblo having given its consent in the Settlement Agreement, 
     the Secretary of the Interior shall grant to the Forest 
     Service the following irrevocable rights-of-way in perpetuity 
     for Forest Service trails crossing land of the Pueblo in 
     order to provide for public access to the Area and through 
     Pueblo land--
       (A) a right-of-way for a portion of the Crest Spur Trail 
     (Trail No. 84), crossing a portion of the La Luz tract, as 
     identified on the map;
       (B) a right-of-way for the extension of the Foothills Trail 
     (Trail No. 365A), as identified on the map; and
       (C) a right-of-way for that portion of the Piedra Lisa 
     North-South Trail (Trail No. 135) crossing the Piedra Lisa 
     tract.

     SEC. __10. EXTINGUISHMENT OF CLAIMS.

       (a) In General.--Except for the rights and interests in and 
     to the Area specifically recognized in sections __04, __05, 
     __07, __08, and __09, all Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     land within the Area, any part thereof, and property 
     interests therein, as well as related boundary, survey, 
     trespass, and monetary damage claims, are permanently 
     extinguished. The United States' title to the Area is 
     confirmed.
       (b) Subdivisions.--Any Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     the subdivisions and property interests therein (except for 
     land owned in fee by the Pueblo as of the date of enactment 
     of this Act), as well as related boundary, survey, trespass, 
     and monetary damage claims, are permanently extinguished.
       (c) Special Use and Crest Facilities Areas.--Any Pueblo 
     right, title and interest of any kind, including aboriginal 
     claims, and related boundary, survey, trespass, and monetary 
     damage claims, are permanently extinguished in and to--
       (1) the land described in the special use permit; and
       (2) the land on which the crest facilities are located.
       (d) Pueblo Agreement.--As provided in the Settlement 
     Agreement, the Pueblo has agreed to the relinquishment and 
     extinguishment of those claims, rights, titles and interests 
     extinguished pursuant to subsection (a), (b) and (c).
       (e) Consideration.--The recognition of the Pueblo's rights 
     and interests in this title constitutes adequate 
     consideration for the Pueblo's agreement to the 
     extinguishment of the Pueblo's claims in this section and the 
     right-of-way grants contained in section __09, and it is the 
     intent of Congress that those rights and interests may only 
     be diminished by a future Act of Congress specifically 
     authorizing diminishment of such rights, with express 
     reference to this title.

     SEC. __11. CONSTRUCTION.

       (a) Strict Construction.--This title recognizes only 
     enumerated rights and interests, and no additional rights, 
     interests, obligations, or duties shall be created by 
     implication.
       (b) Existing Rights.--To the extent there exist within the 
     Area as of the date of enactment of this Act any valid 
     private property rights associated with private land that are 
     not otherwise addressed in this title, such rights are not 
     modified or otherwise affected by this title, nor is the 
     exercise of any such right subject to the Pueblo's right to 
     withhold consent to new uses in the Area as set forth in 
     section __05(a)(3)(A).
       (c) Not Precedent.--The provisions of this title creating 
     certain rights and interests in the National Forest System 
     are uniquely suited to resolve the Pueblo's claim and the 
     geographic and societal situation involved, and shall not be 
     construed as precedent for any other situation involving 
     management of the National Forest System.
       (d) Fish and Wildlife.--Except as provided in section 
     __08(b)(2)(B), nothing in this title shall be construed as 
     affecting the responsibilities of the State of New Mexico 
     with respect to fish and wildlife, including the regulation 
     of hunting, fishing, or trapping within the Area.
       (e) Federal Land Policy and Management Act.--Section 316 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1746) is amended by adding at the end the following: ``Any 
     corrections authorized by this section which affect the 
     boundaries of, or jurisdiction over, land administered by 
     another Federal agency shall be made only after consultation 
     with, and the approval of, the head of such other agency.''

     SEC. __12. JUDICIAL REVIEW.

       (a) Enforcement.--A civil action to enforce the provisions 
     of this title may be brought to the extent permitted under 
     chapter 7 of title 5, United States Code. Judicial review 
     shall be based on the administrative record and subject to 
     the applicable standard of review set forth in section 706 of 
     title 5, United States Code.
       (b) Waiver.--A civil action may be brought against the 
     Pueblo for declaratory judgment or injunctive relief under 
     this title, but no money damages, including costs or 
     attorney's fees, may be imposed on the Pueblo as a result of 
     such judicial action.
       (c) Venue.--Venue for any civil action provided for in this 
     section, as well as any civil action to contest the 
     constitutionality of this title, shall lie only in the United 
     States District Court for the District of New Mexico.

     SEC. __13. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND 
                   EXCHANGE.

       (a) Contributions.--
       (1) In general.--The Secretary may accept contributions 
     from the Pueblo, or from other persons or governmental 
     entities--
       (A) to perform and complete a survey of the Area; or
       (B) to carry out any other project or activity for the 
     benefit of the Area in accordance with this title.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete the 
     survey of the Area under paragraph (1)(A).
       (b) Land Exchange.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, after consultation with the Pueblo, 
     the Secretary shall, in accordance with applicable laws, 
     prepare and offer a land exchange of National Forest land 
     outside the Area and contiguous to the northern boundary of 
     the Pueblo's Reservation within sections 10, 11, and 14 of 
     T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
     wilderness land, for land owned by the Pueblo in the 
     Evergreen Hills subdivision in Sandoval County contiguous to 
     National Forest land, and the La Luz tract in Bernalillo 
     County.
       (2) Acceptance of payment.--Notwithstanding section 206(b) 
     of the Federal Land Policy and Management Act (43 U.S.C. 
     1716(b)), the Secretary may either make or accept a cash 
     equalization payment in excess of 25 percent of the total 
     value of the land or interests transferred out of Federal 
     ownership.
       (3) Funds received.--Any funds received by the Secretary as 
     a result of the exchange shall be deposited in the fund 
     established under the Act of December 4, 1967, known as the 
     Sisk Act (16 U.S.C. 484a), and shall be available to purchase 
     non-Federal land within or adjacent to the National Forests 
     in the State of New Mexico.
       (4) Treatment of land exchanged or conveyed.--All land 
     exchanged or conveyed to the Pueblo is declared to be held in 
     trust for the Pueblo by the United States and added to the 
     Pueblo's Reservation subject to all existing and outstanding 
     rights and shall remain in its natural state and shall not be 
     subject to commercial development of any kind. Land exchanged 
     or conveyed to the Forest Service shall be subject to all 
     limitations on use pertaining to the Area under this title.
       (5) Failure to make offer.--If the land exchange offer is 
     not made by the date that is 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives, a report explaining the 
     reasons for the failure to make the offer including an 
     assessment of the need for any additional legislation that 
     may be necessary for the exchange. If additional legislation 
     is not necessary, the Secretary, consistent with this 
     section, should proceed with the exchange pursuant to 
     existing law.
       (c) Land Acquisition and Other Compensation.--
       (1) In general.--The Secretary may acquire land owned by 
     the Pueblo within the Evergreen Hills Subdivision in Sandoval 
     County or any other privately held land inside of the 
     exterior boundaries of the Area. The boundaries of the Cibola 
     National Forest

[[Page S1285]]

     and the Area shall be adjusted to encompass any land acquired 
     pursuant to this section.
       (2) Piedra lisa tract.--Subject to the availability of 
     appropriations, the Secretary shall compensate the Pueblo for 
     the fair market value of--
       (A) the right-of-way established pursuant to section 
     __09(h)(3)(C); and
       (B) the conservation easement established by the 
     limitations on use of the Piedra Lisa tract pursuant to 
     section __09(b)(2).
       (d) Reimbursement of Certain Costs.--
       (1) In general.--The Pueblo, the County of Bernalillo, New 
     Mexico, and any person that owns or has owned property inside 
     of the exterior boundaries of the Area as designated on the 
     map, and who has incurred actual and direct costs as a result 
     of participating in the case of Pueblo of Sandia v. Babbitt, 
     Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
     related to resolving the issues litigated in that case, may 
     apply for reimbursement in accordance with this section. 
     Costs directly related to such participation which shall 
     qualify for reimbursement shall be--
       (A) dues or payments to a homeowner association for the 
     purpose of legal representation; and
       (B) legal fees and related expenses.
       (2) Treatment of reimbursement.--Any reimbursement provided 
     in this subsection shall be in lieu of that which might 
     otherwise be available pursuant to the Equal Access to 
     Justice Act (24 U.S.C. 2412).
       (3) Payments.--The Secretary of the Treasury shall make 
     reimbursement payments as provided in this section out of any 
     money not otherwise appropriated as provided in advance in 
     appropriations acts.
       (4) Applications.--Not later than 180 days after the date 
     of enactment of this Act, applications for reimbursement 
     shall be filed with the Department of the Treasury, Financial 
     Management Service, Washington, D.C.
       (5) Maximum reimbursement.--
       (A) In general.--No party shall be reimbursed in excess of 
     $750,000 under this section, and the total amount reimbursed 
     in accordance with this section shall not exceed $3,000,000.

     SEC. __14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title, including such sums as are 
     necessary for the Forest Service to carry out 
     responsibilities of the Forest Service in accordance with 
     section __13(c).

     SEC. __15. EFFECTIVE DATE.

       The provisions of this title shall take effect immediately 
     on enactment of this Act.
                                 ______
                                 
  SA 159 Mr. STEVENS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 237, at the end of line 15, insert the following: 
     ``Such amount shall be made available as a direct lump sum 
     payment to the Alaska Fisheries Marketing Board (hereinafter 
     `Board') which is hereby established to award grants to 
     market, develop, and promote Alaska seafood and improve 
     related technology and transportation with emphasis on wild 
     salmon, of which 20 percent shall be transferred to the 
     Alaska Seafood Marketing Institute. The Board shall be 
     transferred to the Alaska Seafood Marketing Institute. The 
     Board shall be appointed by the Secretary of Commerce and 
     shall be administered by an Executive Director to be 
     appointed by the Secretary. The Board shall submit an annual 
     report to the Secretary detailing the expenditures of the 
     board.''
                                 ______
                                 
  SA 160. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table, as follows:

       On page 183, line 25, insert the following after 
     ``contributions.'': ``Such amounts shall be subject only to 
     conditions and requirements required by the Maritime 
     Administration.''
                                 ______
                                 
  SA 161. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 295 at the end of line 24 insert the following new 
     section:
       ``Sec. 3XX. None of the funds appropriated by this or any 
     other Act may be used to defer, deobligate, withdraw to 
     headquarters, reserve for contemplated future rescissions, or 
     otherwise adversely affect the planned and continuing 
     expenditure of funds previously made available for Cerro 
     Grande Fire Activities in P.L. 106-246 and P.L. 106-377.
                                 ______
                                 
  SA 162. Mr. FITZGERALD (for himself, Mrs. Clinton, and Mrs. Dole) 
submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 335, line 10, before the period at the end of the 
     line insert the following: ``Provided further, That funds 
     appropriated under this heading may be made available for a 
     headquarters contribution to the International Committee of 
     the Red Cross only if the Secretary of State determines (and 
     so reports to the appropriate committees of Congress) that 
     the Magen David Adom Society of Israel is not being denied 
     participation in the activities of the International Red 
     Cross and Red Crescent Movement''.
                                 ______
                                 
  SA 163. Mr. FITZGERALD submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 741.
                                 ______
                                 
  SA 164. Mr. SPECTER submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert:

     SEC. 641. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN 
                   PLANS.

       (a) Funding Rules for Certain Plans.--
       (1) In general.--Notwithstanding any other provision of the 
     Internal Revenue Code of 1986 or the Employee Retirement 
     Income Security Act of 1974, the minimum funding rules under 
     paragraph (2) shall apply for any plan year beginning after 
     December 31, 2002, in the case of a defined benefit plan 
     which--
       (A) was established by an air carrier which was granted a 
     conditional loan guarantee by the Air Transport Stabilization 
     Board on July 10, 2002, and which filed for protection under 
     chapter 11 of title 11, United States Code, on August 11, 
     2002, and
       (B) is maintained for the benefit of such carrier's 
     employees pursuant to a collective bargaining agreement.
       (2) Special funding rule.--
       (A) In general.--In the case of a plan described in 
     paragraph (1), the minimum funding requirements under this 
     paragraph shall be the requirements set forth in Treasury 
     Regulation section 1.412(c)(1)-3 (as in effect on the date of 
     the enactment of this section).
       (B) Rules of special application.--In applying the 
     requirements of Treasury Regulation section 1.412(c)(1)-3 for 
     purposes of paragraph (1)--
       (i) the plan shall be treated as having met the 
     requirements of Treasury Regulation section 1.412(c)(1)-
     3(a)(2),
       (ii) the payment schedules shall be determined--

       (I) by using the maximum amortization period permitted 
     under section 1.412(c)(1)-3, and
       (II) on the basis of the actuarial valuation of the accrued 
     liability and the current liability of the plan as of January 
     1, 2003, less the actuarial value of the plan assets on that 
     date,

       (iii) the payments under a restoration payment schedule 
     shall be made in level amounts over the payment period, and
       (iv) the actuarial value of assets shall be the fair market 
     value of such assets as of January 1, 2003, with prospective 
     investment returns in excess of or less than the assumed 
     return phased in over 5 years.
       (b) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2002.
                                 ______
                                 
  SA 165. Mr. BYRD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 641, line 10, insert ``President Pro Tempore 
     emeritus, $7,500;'' before ``Chairmen of the Majority and 
     Minority Conference Committees''.

       On page 641, line 13, strike ``$120,000'' and insert 
     ``$127,500''.

       On page 641, line 22, strike ``$116,891,000'' and insert 
     ``$117,041,000''.

       On page 642, between lines 3 and 4, insert:

              office of the president pro tempore emeritus

       For the Office of the President Pro Tempore emeritus, 
     $150,000.

       On page 645, line 2, strike ``$18,513,000'' and insert 
     ``$18,355,500''.

       On page 650, between lines 23 and 24, insert:

     SEC. 8. OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS OF THE 
                   SENATE.

       (a) Establishment.--There is established the Office of the 
     President pro tempore emeritus of the Senate.
       (b) Designation.--Any Member of the Senate who--
       (1) is designated by the Senate as the President pro 
     tempore emeritus of the United States Senate; and
       (2) is serving as a Member of the Senate,
     shall be the President pro tempore emeritus of the United 
     States Senate.
       (c) Appointment and Compensation of Employees.--The 
     President pro tempore emeritus is authorized to appoint and 
     fix the compensation of such employees as the President

[[Page S1286]]

     pro tempore emeritus determines appropriate.
       (d) Expense Allowance.--There is authorized an expense 
     allowance for the President pro tempore emeritus which shall 
     not exceed $7,500 each fiscal year. The President pro tempore 
     emeritus may receive the expense allowance (1) as 
     reimbursement for actual expenses incurred upon certification 
     and documentation of such expenses by the President pro 
     tempore emeritus, or (2) in equal monthly payments. Such 
     amounts paid to the President pro tempore emeritus as 
     reimbursement of actual expenses incurred upon certification 
     and documentation under this subsection, shall not be 
     reported as income, and the expenses so reimbursed shall not 
     be allowed as a deduction under the Internal Revenue Code of 
     1986.
       (e) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and shall apply only with 
     respect to the 108th Congress.
                                 ______
                                 
  SA 166. Mr. BYRD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 713, strike line 23 and all that follows through 
     page 714, line 3, and insert the following:
       Sec. 209. United States-China Economic and Security Review 
     Commission.
       (a) Appropriations.--There are appropriated, out of any 
     funds in the Treasury not otherwise appropriated, $1,800,000, 
     to remain available until expended, to the United States-
     China Economic and Security Review Commission.
       (b) Name Change.--
       (1) In general.--Section 1238 of the Floyd D. Spence 
     National Defense Authorization Act of 2001 (22 U.S.C. 7002) 
     is amended--
       (A) in the section heading by inserting ``ECONOMIC AND'' 
     before ``SECURITY'';
       (B) in subsection (a)--
       (i) in paragraph (1), by inserting ``Economic and'' before 
     ``Security''; and
       (ii) in paragraph (2), by inserting ``Economic and'' before 
     ``Security'';
       (C) in subsection (b)--
       (i) in the subsection heading, by inserting ``Economic 
     and'' before ``Security'';
       (ii) in paragraph (1), by inserting ``Economic and'' before 
     ``Security'';
       (iii) in paragraph (3)--

       (I) in the matter preceding subparagraph (A), by inserting 
     ``Economic and'' before ''Security''; and
       (II) in subparagraph (H), by inserting ``Economic and'' 
     before ``Security''; and

       (iv) in paragraph (4), by inserting ``Economic and'' before 
     ``Security'' each place it appears; and
       (D) in subsection (e)--
       (i) in paragraph (1), by inserting ``Economic and'' before 
     ``Security'';
       (ii) in paragraph (2), by inserting ``Economic and'' before 
     ``Security'';
       (iii) in paragraph (3)--

       (I) in the first sentence, by inserting ``Economic and'' 
     before ``Security''; and
       (II) in the second sentence, by inserting ``Economic and'' 
     before ``Security'';

       (iv) in paragraph (4), by inserting ``Economic and'' before 
     ``Security''; and
       (v) in paragraph (6), by inserting ``Economic and'' before 
     ``Security'' each place it appears.
       (2) References.--Any reference in any Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the United 
     States-China Security Review Commission shall be deemed to 
     refer to the United States-China Economic and Security Review 
     Commission.
       (c) Membership and Terms.--
       (1) In general.--Section 1238(b)(3) of the Floyd D. Spencer 
     National Defense Authorization Act of 2001 (22 U.S.C. 7002) 
     is amended--
       (A) in the matter preceding subparagraph (A), by striking 
     ``12 members'' and inserting ``8 members''; and
       (B) by striking subparagraph (F) and inserting the 
     following:
       ``(F) each appointing authority referred to under 
     subparagraphs (A) through (D) of this paragraph shall--
       ``(i) appoint 2 members to the Commission;
       ``(ii) make the 2 appointments with respect to the 108th 
     Congress on a staggered term basis, such that--

       ``(I) 1 appointment shall be for a term expiring on 
     December 31, 2003; and
       ``(II) 1 appointment shall be for a term expiring on 
     December 31, 2004;

       ``(iii) make all appointments with respect to the 109th 
     Congress, and each subsequent Congress, on an approximate 2-
     year term basis to expire on December 31 of the applicable 
     year; and
       ``(iv) make appointments not later than 30 days after the 
     date on which each new Congress convenes;''.
       (2) Effective date.--This subsection shall take effect on 
     the date of enactment of this Act.
                                 ______
                                 
  SA 167. Mr. BYRD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC.  . TREATMENT OF ABANDONED MINE RECLAMATION FUND 
                   INTEREST.

       (a) In General.--Notwithstanding any other provision of 
     law, any interest credited to the fund established by section 
     401 of the Surface Mining Control and Reclamation Act of 1977 
     (30 U.S.C. 1231) shall be transferred to the Combined Fund 
     identified in section 402(h)(2) of such Act (30 U.S.C. 
     1232(h)(2)), up to such amount as is estimated by the 
     trustees of such Combined Fund to offset the amount of any 
     deficit in net assets in the Combined Fund.
       (b) Prohibition on Other Transfers.--Except as provided in 
     subsection (a), no principal amounts in or credited to the 
     fund established by section 401 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1231) may be 
     transferred to the Combine Fund identified in section 
     402(h)(2) of such Act (30 U.S.C. 1232(h)(2)).
       (c) Limitation.--This section shall cease to have any force 
     and effect after September 30, 2004.
                                 ______
                                 
  SA 168. Mr. BYRD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary


            public health and social services emergency fund

       For additional amounts for grants to state and local health 
     departments to support activities related to immunizing first 
     responders against smallpox, $850,000,000: Proivded, That 
     this amount is transferred to the Centers for Disease Control 
     and Prevention.
                                 ______
                                 
  SA 169. Mr. BYRD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the joint resolution insert the 
     following:

                         DEPARTMENT OF JUSTICE

                         General Administration


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $363,000,000, to remain available until expended, only for 
     the Entry Exit System, to be managed by the Justice 
     Management Division: Provided, That none of the funds 
     appropriated in this Act, or in Public Law 107-117, for the 
     Immigration and Naturalization Service's Entry Exist System 
     may be obligated until the INS submits a plan for expenditure 
     that: (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including OMB Circular A-11, part 3; (2) complies 
     with the acquisition rules, requirements, guidelines, and 
     systems acquisition management practices of the Federal 
     Government; (3) is reviewed by the General Accounting Office; 
     and (4) has been approved by the Committees on 
     Appropriations: Proivded further, That funds provided under 
     this heading shall only be available for obligation and 
     expenditure in accordance with the procedures applicable to 
     reprogramming notifications set forth in section 605 of 
     Public Law 107-77.
                                 ______
                                 
  SA 170. Mr. BYRD submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the joint resolution insert the 
     following:

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security administration


                           weapons activities

       For an additional amount for ``Weapons Activities'' for 
     emergency expenses, $150,000,000: Provided, That $25,000,000 
     of the funds provided shall be available for secure 
     transportation asset activities: Provided further, That 
     $35,000,000 shall be available for construction and 
     renovation activities at the National Center for Combating 
     Terrorism: Provided further, That $90,000,000 of the funds 
     provided shall be available to meet increased safeguard and 
     security needs throughout the nuclear weapons complex, 
     including at least $25,000,000 for cyber security.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                        Other Defense Activities

       For an additional amount for ``Other Defense Activities'' 
     for emergency expenses needed to conduct critical 
     infrastructure assessments at critical energy supply 
     facilities nationwide, $50,000,000, to remain available until 
     expended: Provided, That $25,000,000 of the funds made 
     available shall be provided to the National Infrastructure 
     Simulation and Analysis Center: Provided further, That 
     $25,000,000 of the funds made available shall be provided to 
     the National Energy Technology Laboratory.
                                 ______
                                 
  SA 171. Mr. BYRD submitted an amendment intended to be proposed by

[[Page S1287]]

him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in the joint resolution insert the 
     following:

                     DIVISION __--HOMELAND SECURITY

                      SUPPLEMENTAL APPROPRIATIONS

                      DEPARTMENT OF TRANSPORTATION

                 Transportation Security Administration


                         SALARIES AND EXPENSES

       For additional amounts for necessary expenses of the 
     Transportation Security Administration related to 
     transportation security services pursuant to Public Law 107-
     71, $620,000,000, to remain available until September 30, 
     2004, of which $500,000,000 shall be available for port 
     security grants for the purpose of implementing the 
     provisions of the Maritime Transportation Security Act, and 
     $120,000,000 shall be available for Operation Safe Commerce.

                       DEPARTMENT OF THE TREASURY

                     United States Customs Service


                         SALARIES AND EXPENSES

       For an additional amount for ``Salaries and Expenses'', 
     $47,000,000 for the Container Security Initiative.
                                 ______
                                 
  SA 172. Ms. LANDRIEU (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res.2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 397, line 12, delete all after ``Fund'',`` through 
     opportunities'' on line 17, and insert in lieu thereof:
     not less than $8,000,000 shall be made available for programs 
     to support women's development in Afghanistan, including 
     girl's and women's education, health, legal and social 
     rights, economic opportunities, and political participation: 
     Provided further, That of the funds provided in the previous 
     proviso, $5,000,000 shall be made available to support 
     activities directed by Afghan Ministry of Women's Affairs 
     including the establishment of women's resource centers 
     throughout Afghanistan, and not less than $1,500,000 should 
     be made available to support activities of the National Human 
     Rights Commission of Afghanistan: Provided further, That one 
     year after the date of enactment of this Act, the Secretary 
     of State shall submit a report to the appropriate 
     congressional committees that details women's development 
     programs in Afghanistan supported by the United States 
     Government, and barriers that impede he development of women 
     in Afghanistan
                                 ______
                                 
  SA 173. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 59, line 14, insert before the period the 
     following: ``: Provided further, That notwithstanding any 
     other provision of this Act, the amount, excluding the amount 
     of user fees appropriated, that is appropriated for devices 
     and radiological products under the salaries and expenses 
     account of the Food and Drug Administration is increased to 
     $205,720,000: Provided further, That amounts made available 
     under this Act for the administrative and related expenses 
     for departmental management for the Department of Health and 
     Human Services shall be reduced on pro rata basis by the 
     amount necessary to increase such amount to $205,720,000''.
                                 ______
                                 
  SA 174. Mr. AKAKA (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec.   . Sense of Congress on Pay Parity.--It is the sense 
     of Congress that there should 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, including blue collar Federal 
     employees paid under the Federal Wage system.
                                 ______
                                 
  SA 175. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 93, line 1, strike ``$3,927,587,000'' and insert 
     ``$4,202,587,000 (which amount shall not be subject to 
     reduction by any other provision of this Act, including 
     section 601)''.

       On page 99, line 17, strike ``$1,368,415,000'' and insert 
     ``$1,827,715,000 (which amount shall not be subject to 
     reduction by any other provision of this Act, including 
     section 601)''.

       On page 105, line 19, before the period, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of this Act, including section 601, the total 
     amount appropriated under this heading for the Weed and Seed 
     Program Fund shall not be reduced''.

       On page 106, line 12, before the period, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of this Act, including section 601, the total 
     amount appropriated under this heading for Community Oriented 
     Policing Services shall not be reduced''.

       On page 111, line 20, before the period, insert the 
     following: ``Provided further, That, notwithstanding any 
     other provision of this Act, including section 601, the total 
     amount appropriated under this heading for the Juvenile 
     Justice Programs shall not be reduced''.
                                 ______
                                 
  SA 176. Mr. SCHUMER (for himself, Mr. Graham of Florida, Mr. Kennedy, 
Mr. Reid, Mrs. Clinton, Mr. Johnson, Mr. Conrad, Mr. Kerry, Mr. 
Daschle, Mr. Jeffords, Ms. Landrieu, and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 898, before the period at the end of line 21, 
     insert the following: ``: Provided, further, That, 
     notwithstanding any other provision of this Act, the total 
     amount appropriated for fiscal year 2003 for the Veterans 
     Health Administration for medical care is $23,889,304,000''.
                                 ______
                                 
  SA 177. Mr. SCHUMER (for himself, Ms. Mikulski, Mr. Smith, Mr. 
Kennedy, Mr. Sarbanes, Mrs. Murray, Mr. Lautenberg, Ms. Cantwell, and 
Mrs. Clinton) submitted an amendment intended to be proposed by him to 
the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title II of division G, insert 
     the following:
       Sec. __. (a) In General.--In addition to amounts otherwise 
     appropriated under this Act to carry out programs and 
     activities under title XXVI of the Public Health Service Act 
     (42 U.S.C. 300ff-11 et seq.), there are appropriated an 
     additional--
       (1) $33,500,000 to carry out part A of such title XXVI (42 
     U.S.C. 300ff-11 et seq.);
       (2) $32,400,000 to carry out part B of such title XXVI (42 
     U.S.C. 300ff-21 et seq.);
       (3) $62,000,000 to carry out State AIDS Drug Assistance 
     Programs under section 2616 of such title XXVI (42 U.S.C. 
     300ff-26);
       (4) $8,300,000 to carry out part C of such title XXVI (42 
     U.S.C. 300ff-51 et seq.);
       (5) $15,000,000 to carry out part D of such title XXVI (42 
     U.S.C. 300ff-71 et seq.);
       (6) $9,705,000 to carry out section 2692(a) of such title 
     XXVI (42 U.S.C. 300ff-111(a)); and
       (7) $3,500,000 to carry out section 2692(b) of such title 
     XXVI (42 U.S.C. 300ff-111(b)).
       (b) Reduction in Administrative Accounts.--Amounts made 
     available under this Act for the administrative and related 
     expenses for departmental management for the Department of 
     Health and Human Services shall be reduced on pro rata basis 
     by $164,405,000.
                                 ______
                                 
  SA. 178. Mr. NELSON of Florida (for himself, Mr. Daschle, and Mr. 
Leahy) submitted an amendment intended to be proposed by him to the 
joint resolution H.J. Res. 2, making further continuing appropriations 
for the fiscal year 2003, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.__. In addition to amounts appropriated by this Act 
     under the heading ``Public Law 480 Title II Grants'', there 
     is appropriated, out of funds in the Treasury not otherwise 
     appropriated, $600,000,000 for assistance for emergency 
     relief activities: Provided, That the amount appropriated 
     under this section shall remain available through September 
     30, 2004.
                                 ______
                                 
  SA 179. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows;

       On page 29 line 11 strike the period and insert the 
     following:
     : Provided,
       (a) Whereas, the Commodity Credit corporation (CCC) is a 
     Government owned and operated entity that was created to 
     stabilize, support, and protect farm income and prices;
       (b) Whereas, CCC was incorporated on October 17, 1933, 
     under a Delaware charter. On July 1, 1939, CCC was 
     transferred to the United States Department of Agriculture 
     (USDA). It was reincorporated on July 1, 1948, as a Federal 
     corporation within USDA by the Commodity Credit Corporation 
     Charter Act (62 Stat. 1070; 15 U.S.C. 174);
       (c) Whereas, the mission of the CCC has expanded over time:

[[Page S1288]]

       (1) Pursuant to section 2701 of the Farm Security and Rural 
     Investment Act of 2002 (Pub. L. 107-171), the officer and 
     directors of CCC have a responsibility to use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation to carry out the conservation reserve program 
     (CRP); the wetlands reserve program (WRP); the conservation 
     security program (CSP); the grassland reserve program (GRP); 
     the environmental quality incentives program (EQIP); and the 
     wildlife habitat incentives program (WHIP), including the 
     provision of technical assistance; and
       (2) Pursuant to section 1601 of the Farm Security and Rural 
     Investment Act of 2002 (Pub. L. 107-171) the officers and 
     directors of CCC have a responsibility to use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation to carry out Title I of the Act;
       (d) Whereas, CCC is managed by a Board of Directors, 
     subject to the general supervision and direction of the 
     Secretary of Agriculture, who is an ex-officio director and 
     chairperson of the Board. The Board consists of seven 
     members, in addition to the Secretary, who are appointed by 
     the President of the United States by and with the advice and 
     consent of the Senate. All members of the Board and 
     Corporation officers are USDA officials;
       (e) Whereas, CCC has in the past requested other agencies 
     to assist it in the conduct of its business and reimbursed 
     them for their administrative expenses under the authority 
     granted to it by section 11 of the CCC Charter Act. For 
     example:
       (1) CCC's price support, storage, and reserve programs, and 
     its domestic acquisition and disposal activities have been 
     carried out primarily through the personnel and facilities of 
     the Farm Service Agency (FSA).
       (2) The Agricultural Marketing Service (AMS) occasionally 
     uses CCC authority to acquire various commodities for 
     domestic and foreign food assistance programs.
       (3) Export sales and foreign assistance disposal of CCC-
     controlled stocks have been administered through the General 
     Sales Manager of the Foreign Agricultural Service (FAS).
       (4) The Natural Resources Conservation Service has 
     administered several conservation programs under the auspices 
     of CCC;
       (f) Whereas, in 1996 section 11 of the CCC Charter Act was 
     amended to limit reimbursements by CCC to other agencies in 
     the performance of any part or all of the functions of the 
     CCC;
       (g) Whereas, section 10 of the CCC Charter Act mandates 
     that the Secretary appoint such officers and employees of the 
     CCC as may be necessary for the conduct of business of the 
     Corporation. Expenditures of the Corporation under this 
     section are not subject to the section 11 cap on 
     reimbursements to other agencies;
       (h) The Secretary is directed to exercise her authority 
     under section 10 of the CCC Charter Act and appoint such 
     officers and employees of the CCC as may be necessary for the 
     conduct of business of the Corporation if the Secretary 
     determines that the total amount of funds available under 
     section 11 of the CCC Charter Act are not sufficient to allow 
     other agencies to carry out the functions of the CCC.
                                 ______
                                 
  SA 180. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1027, strike line 6 and all that follows through 
     page 1032, line 8.
                                 ______
                                 
  SA 181. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following: ``No funds 
     appropriated under this Act may be used in a manner 
     inconsistent with Executive Orders 12873, 13101, 13123, 
     13148, 13149, and 13221.''
                                 ______
                                 
  SA 182. Mr. Kennedy submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 59, line 14, insert before the period the 
     following: ``: Provided further, That an additional 
     $7,866,000 shall be appropriated for the Food and Drug 
     Administration and shall be made available for the review of 
     medical devices, and such amount shall be in addition to any 
     other amounts appropriated in this Act for such activities: 
     Provided further, that amounts made available under this Act 
     for the administrative and related expenses for departmental 
     management of the Department of Agriculture shall be reduced 
     on pro rata basis by $7,866,000''.
                                 ______
                                 
  SA 183. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 59, line 14, insert before the period the 
     following: ``: Provided further, That an additional 
     $7,866,000 shall be appropriated for the Food and Drug 
     Administration and shall be made available for the review of 
     medical devices, and such amount shall be in addition to any 
     other amounts appropriated in this Act for such activities: 
     Provided further, that amounts made available under this Act 
     for the administrative and related expenses for departmental 
     management for the Department of Health and Human Services 
     shall be reduced on pro rata basis by $7,866,000''.
                                 ______
                                 
  SA 184. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 59, line 14, insert before the period the 
     following: ``: Provided further, That an additional 
     $13,603,766 shall be appropriated for the Food and Drug 
     Administration and shall be made available for the review of 
     medical devices, and such amount shall be in addition to any 
     other amounts appropriated in this Act for such activities: 
     Provided further, that amounts made available under this Act 
     for the administrative and related expenses for departmental 
     management of the Department of Agriculture shall be reduced 
     on pro rata basis by $13,603,766''.
                                 ______
                                 
  SA 185. Mr. BOND submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations by the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 988, after line 23, insert the following provision:
       ``The Environmental Protection Agency is directed to submit 
     a report no later that February 15, 2004 on the practices and 
     procedures by which States develop separate emission 
     standards, including standards for nonroad engines or 
     vehicles, as compared to the development by Environmental 
     Protection Agency of national emission standards under the 
     Clean Air Act. This report shall include an assessment of the 
     procedures, practices, standards and requirements used by 
     States as opposed to those used by Environmental Protection 
     Agency, including how States and the Environmental Protection 
     Agency take into account technological feasibility, economic 
     feasibility, impact on the economy, costs, safety, noise and 
     energy factors associated in the development of these 
     standards.''.
                                 ______
                                 
  SA 186. Mr. BOND submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. 1__. MISSOURI RIVER.

       None of the funds made available by this Act may be used by 
     the United States Fish and Wildlife Service--
       (1) to require the Corps of Engineers to implement a steady 
     release flow schedule for the Missouri River; or
       (2) to prevent the Corps of Engineers from relocating bird 
     nests along the Missouri River.
                                 ______
                                 
  SA 187. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 308, line 10, strike ``supports or'' and ``the 
     management of a program of''
       On page 347, line 4, after the colon, insert:

     Provided further, That of the funds appropriated under this 
     heading, not less than $35,000,000 shall be made available 
     for the United Nations Populations Fund:
       On page 347, line 7, strike ``if'' and insert in lieu 
     thereof:
       unless
       On page 347, line 8, strike ``no longer supports or''
       On page 347, line 9, strike ``the management of a program 
     of''
       On page 365, line 4, before the period insert the 
     following:
     Provided further, That of the funds appropriated under title 
     II of this Act, not less than $435,000,000 shall be made 
     available for family planning/reproductive health''
       On page 424, line 13, insert the following new section:


             REQUIREMENTS RELATED TO PRIVATE ORGANIZATIONS

       Sec. 585. Notwithstanding any other provisions of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I or the Foreign Assistance 
     Act of 1961, foreign private organizations shall be subject 
     to only those requirements relating to the use of non-United 
     States Government funds for advocacy and lobbying activities 
     that apply to United States private organizations receiving 
     assistance under part I of such Act.
                                 ______
                                 
  SA 188. Mr. DODD submitted an amendment intended to be proposed by

[[Page S1289]]

him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 589, line 17, strike ``$8,648,884,000'' and insert 
     ``$8,848,884,000''.

       On page 589, line 23, strike ``$6,667,533,000'' and insert 
     ``$6,867,533,000''.
                                 ______
                                 
  SA 189. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. NEW ELECTRIC UTILITY ENTITIES SERVING EXTREMELY 
                   HIGH-COST COMMUNITIES.

       (a) In General.--Section 19 of the Rural Electrification 
     Act of 193 (7 U.S.C. 918a) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b) Acquisition by Consumer-Owned Entities of Assets of 
     an Electric Utility.--A consumer-owned entity that acquires 
     the assets of an electric utility providing electricity to 
     residential customers at a rate exceeding 18 cents per 
     kilowatt hour shall be eligible to receive a grant under 
     subsection (a) for the purposes of--
       ``(1) paying any transaction, transition, or other 
     organizational costs associated with the acquisition; and
       ``(2) if the Secretary determines that relocation and 
     refurbishment of any generation asset of the electric utility 
     will enhance efforts to reduce overall electric costs in the 
     community served, paying the costs of relocation and 
     refurbishment.''.
       (b) Applicability of Amendment.--The amendment made by 
     subsection (a) applies to a consumer-owned entity that 
     acquires the assets of an electric utility on or after the 
     date that is 2 years before the date of enactment of this 
     Act.
                                 ______
                                 
  SA 190. Mrs. BOXER. (for herself and Mr. Dorgan) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
203, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . SALARIES.

       No funds shall be used to pay any federal employee or any 
     employee, member or chairperson of any federal commission, 
     board, committee, or council an annual salary in excess of 
     the annual salary of the President of the United States.
                                 ______
                                 
  SA 191. Mr. BREAUX (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 1051, line 7, strike ``access.'' and insert 
     ``access; and
       ``(3) $3,000,000 shall be made available to the oyster 
     industry in the State of Louisiana for economic assistance to 
     the oyster fishery affected by Hurricane Isidore, and 
     Hurricane Lili: Provided, That such funds may be used only 
     for (A) personal assistance with priority given to food, 
     energy needs, housing assistance, transportation fuel, and 
     other urgent needs; (B) assistance for small businesses 
     including oystermen, oyster processors, and related 
     businesses serving the oyster industry; (C) domestic product 
     marketing and seafood promotion; and (D) State seafood 
     testing programs.
                                 ______
                                 
  SA 192. Mr. LAUTENBERG (for himself, Mrs. Boxer, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 982, strike lines 21 through 25 and insert the 
     following:
     per project; $1,500,000,000, to remain available until 
     expended, as authorized by section 517(a) of the Superfund 
     Amendments and Reauthorization Act of 1986 (Public Law 99-
     499; 100 Stat. 1613),
                                 ______
                                 
  SA 193. Mr. JEFFORDS (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 260, line 9, before the colon, insert the 
     following: ``, and that the Corps of Engineers shall bear 
     full responsibility for correcting any design deficiencies of 
     Waterbury Dam''.
                                 ______
                                 
  SA 194. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 120, line 12, strike ``$257,886,000'' and insert 
     ``$317,213,000''.
                                 ______
                                 
  SA 195. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title III of Division G, insert the 
     following:

     SEC. __. FULLY FUNDING IDEA.

       (a) Fully Funding IDEA.--Notwithstanding any other 
     provision of this Act, the total amount appropriated for 
     fiscal year 2003 (out of any money in the Treasury not 
     otherwise appropriated for the fiscal year ending September 
     30, 2003) to carry out part B of the Individuals with 
     Disabilities Education Act, other than section 619 of such 
     Act, shall be the greater of--
       (1) $19,204,246,000; or
       (2) the amount necessary to fully fund 40 percent of the 
     average per pupil expenditure for programs under part B of 
     such Act, other than section 619 of such Act.
       (b) Availability.--Amounts appropriated pursuant to 
     subsection (a) shall remain available through September 30, 
     2004.
       (c) Across-the-Board Rescission.--Notwithstanding any other 
     provision of this Act, funds provided under subsection (a) 
     shall not result in a further across-the-board rescission 
     under section 601 of Division N.
                                 ______
                                 
  SA. 196. Mr. Dayton submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Notwithstanding any other provision of law, with 
     respect to any State that is operating under a waiver 
     described in section 415(a) of the Social Security Act (42 
     U.S.C. 615(a)) which would otherwise expire on a date that 
     occurs during the period that begins on September 30, 2002 
     (or in the case of New Hampshire, March 31, 2002), and ends 
     on September 30, 2003, the State may elect to continue to 
     operate under that waiver, on the same terms and conditions 
     as applied to the waiver on the day before such date, through 
     September 30, 2003.
                                 ______
                                 
  SA. 197. Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Kerry, Mrs. 
Boxer, Mr. Liberman, Mr. Leahy, and Mr. Schumer) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 1014, between lines 13 and 14, insert the 
     following:

     SEC. 4__. REGULATIONS TO CONTROL HAZARDOUS AIR POLLUTANTS 
                   FROM MOTOR VEHICLES AND MOTOR VEHICLE FUELS.

       Not later than July 1, 2004, the Administrator of the 
     Environmental Protection Agency shall promulgate final 
     regulations to control hazardous air pollutants from motor 
     vehicles and motor vehicle fuels, as provided for in section 
     80.1045 of title 40, Code of Federal Regulations (as in 
     effect on the date of enactment of this Act).
                                 ______
                                 
  SA. 198. Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Kerry, Mrs. 
Boxer, Mr. Liberman, Mr. Leahy, and Mr. Schumer) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 1014, between lines 13 and 14, insert the 
     following:

     SEC. 4__. NEW SOURCE REVIEW PROGRAM.

       Not later than February 15, 2003, the Environmental 
     Protection Agency, the Department of Energy, and the 
     Department of Justice shall each satisfy all information 
     requests relating to the new source review program under 
     section 111 and parts C and D of title I of the Clean Air Act 
     (42 U.S.C. 7411, 7470 et seq.) made in 2001 or 2002--
       (1) by the Committee on Environment and Public Works, the 
     Committee on the Judiciary, or the Committee on Health, 
     Education, Labor, and Pensions of the Senate, or a member of 
     any of those Committees; or
       (2) by the General Accounting Office on behalf of any of 
     those Committees or a member of any of those Committees;

     through the provision of copies of the requested documents, 
     analyses, electronic mail, or document logs to the requesting

[[Page S1290]]

     Committee or member or to the General Accounting Office.
                                 ______
                                 
  SA 199. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 257, on line 15, strike ``that action.'' and insert 
     ``that action, except that this limitation on attorneys' fees 
     paid by the District of Columbia shall not apply if the 
     plaintiff is a child who is (a) from a family with an annual 
     income of less than $17,600; or (b) from a family where one 
     of the parents or guardians is a disabled veteran; or (c) 
     where the child has been adjudicated as neglected, 
     delinquent, in need of supervision, abused, or is a ward of 
     the District of Columbia; or (d) from a family where one of 
     the parents or guardians is on active duty with the Armed 
     Services of the United States or the National Guard; or (e) 
     from a family for which the primary custodian is over the age 
     of 65; or (f) from a family where one of the parents or 
     guardians is a firefighter or law enforcement officer.''
                                 ______
                                 
  SA 200. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Before the period at the end of the undesignated paragraph 
     under the heading ``International Military Education and 
     Training'', insert the following: ``Provided further, That 
     funds made available under this heading for Indonesian 
     military personnel shall be available only for ``Expanded 
     International Military Education and Training'' assistance, 
     unless the President determines and reports to the 
     appropriate congressional committees that the Government of 
     Indonesia and the Indonesian Armed Forces are (1) 
     demonstrating a commitment to assist United States efforts to 
     combat international terrorism, including United States 
     interdiction efforts against al-Qaida and other terrorist 
     organizations, and taking effective measures to bring to 
     justice those responsible for the October 13, 2002, terrorist 
     attack on Bali, which killed United States citizens, and (2) 
     taking effective measures, including cooperating with the 
     Federal Bureau of Investigation, to bring to justice any 
     member of the Indonesian Armed Forces or Indonesian militia 
     group against whom there is credible evidence of involvement 
     in the August 31, 2002, attack, which resulted in the deaths 
     of United States citizens, and in other gross violations of 
     human rights: Provided further, That nothing in the preceding 
     proviso prohibits the United States from conducting ongoing 
     contacts and training with the Indonesian Armed Forces, 
     including sales of nonlethal defense articles, 
     counterterrorism training, officer visits, port visits, 
     educational exchanges, or Expanded International Military 
     Educational and Training for military officers and 
     civilians''.
                                 ______
                                 
  SA 201. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 450, line 2 strike ``restoration:'' and insert the 
     following:

     ``restoration; and with the funds provided in this title, the 
     Secretary shall release a plan for assisting states, federal 
     agencies and tribes in managing chronic wasting disease in 
     wild and captive cervids within 90 days of enactment of this 
     Act.''.
                                 ______
                                 
  SA 202. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 443, line 3, strike ``projects:'' and insert the 
     following:

     ``projects; and of which $500,000 of the funds provided to 
     the National Park Service for resource stewardship activities 
     is for work with the U.S. Geological Survey to refine a 
     chronic wasting disease test for use on live cervids.''.
                                 ______
                                 
  SA 203. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Of the $10 million available for the Challenge Grant 
     Program, not more than $3 million shall be made available for 
     Communities In Schools, Inc.
                                 ______
                                 
  SA 204. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1032, strike line 21 and all that follows 
     through page 1042, line 7, and insert the following:

                   TITLE II--AGRICULTURAL ASSISTANCE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Agricultural Assistance 
     Act of 2003''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Covered commodity.--The term ``covered commodity'' has 
     the meaning given the term in section 1001 of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7901).
       (2) Disaster county.--The term ``disaster county'' means a 
     county included in the geographic area covered by a 
     qualifying natural disaster declaration, excluding a 
     contiguous county.
       (3) Eligible noninsurable commodity.--The term ``eligible 
     noninsurable commodity'' means an eligible crop for which the 
     producers on a farm are eligible to obtain assistance under 
     section 196 of the Federal Agriculture Improvement and Reform 
     Act of 1996 (7 U.S.C. 7333).
       (4) Insurable commodity.--The term ``insurable commodity'' 
     means an agricultural commodity (excluding livestock) 
     produced in an area that is eligible for coverage under a 
     policy or plan of insurance under the Federal Crop Insurance 
     Act (7 U.S.C. 1501 et seq.).
       (5) Qualifying natural disaster declaration.--The term 
     ``qualifying natural disaster declaration'' means--
       (A) a natural disaster declared by the Secretary under 
     section 321(a) of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1961(a)); or
       (B) a major disaster or emergency designated by the 
     President under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     SEC. 203. SUPPLEMENTAL DIRECT PAYMENTS.

       (a) In General.--The Secretary shall make payments to 
     producers on a farm if--
       (1)(A) the farm is located in a disaster county declared 
     during calendar year 2001 or 2002; or
       (B) the producers on the farm have incurred qualifying crop 
     losses with respect to the 2001 or 2002 crop of a covered 
     commodity or peanuts due to damaging weather or related 
     condition, as determined by the Secretary using the same loss 
     thresholds for the quantity and quality losses as were used 
     in administering section 815 of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2001 (Public Law 106-387; 114 
     Stat. 1549, 1549A-55); and
       (2) the producers on the farm are eligible for direct 
     payments for the 2002 crop of a covered commodity or peanuts 
     under sections 1103 and 1303, respectively, of the Farm 
     Security and Rural Investment Act of 2002 (7 U.S.C. 7913, 
     7953).
       (b) Amount.--The amount of the payment made to the 
     producers on a farm under this section shall be equal to 42 
     percent of the amount of the direct payment the producers on 
     the farm are eligible to receive for the 2002 crop under 
     sections 1103 and 1303, respectively, of the Farm Security 
     and Rural Investment Act of 2002 (7 U.S.C. 7913, 7953).
       (c) Crop Insurance.--As a condition of the receipt of a 
     payment under this section--
       (1) in the case of an insurable commodity, the producers on 
     the farm shall enter into a contract with the Secretary under 
     which the producers on the farm agree--
       (A) to obtain at least catastrophic risk protection 
     coverage for each insurable commodity produced on the farm 
     for each of the next 2 crop years for which crop insurance is 
     available under the Federal Crop Insurance Act (7 U.S.C. 1501 
     et seq.), as determined by the Secretary; and
       (B) on violation of the contract, to repay to the Secretary 
     any payment received under this section; and
       (2) in the case of an eligible noninsurable commodity, the 
     producers on the farm shall enter into a contract with the 
     Secretary under which the producers on the farm agree--
       (A) to file the required paperwork, and pay the 
     administrative fee by the applicable State filing deadline, 
     for each eligible noninsurable commodity produced on the farm 
     for each of the next 2 crop or calendar years (as applicable) 
     under section 196 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7333), as determined by the 
     Secretary; and
       (B) on violation of the contract, to repay to the Secretary 
     any payment received under this section.
       (d) Administration.--The total amount of payments made to a 
     person under this section for 1 or more covered commodities, 
     and the total amount of payments made to a person under this 
     section for peanuts, shall not exceed the dollar amounts that 
     are specified in paragraphs (1) and (2), respectively, of 
     section 1001(b) of the Food Security Act of 1985 (7 U.S.C. 
     1308(b)).
       (e) Time for Payment.--The Secretary shall make payments 
     under this section as soon as practicable after the date of 
     enactment of this Act.

     SEC. 204. LIVESTOCK ASSISTANCE.

       (a) Livestock Assistance Program.--Subject to subsection 
     (c), in carrying out the

[[Page S1291]]

     2002 Livestock Compensation Program announced by the 
     Secretary on October 10, 2002 (67 Fed. Reg. 63070), the 
     Secretary shall--
       (1) provide assistance to any applicant that--
       (A) conducts a livestock operation that is physically 
     located in a county that requested a declaration as a 
     disaster county during the period beginning on January 1, 
     2001, and ending on the date of enactment of this Act; and
       (B) meets all other eligibility requirements established by 
     the Secretary for the Program;
       (2) provide assistance to producers of an animal described 
     in section 10806(a)(1) of the Farm Security and Rural 
     Investment Act of 2002 (21 U.S.C. 321d(a)(1)) that meet all 
     other eligibility requirements established by the Secretary 
     for the Program; and
       (3) effective beginning on the date of enactment of this 
     Act, carry out the Program using funds of the Commodity 
     Credit Corporation.
       (b) Livestock Loss Assistance Program.--
       (1) In general.--Subject to paragraph (2) and subsection 
     (c), the Secretary shall use $250,000,000 of funds of the 
     Commodity Credit Corporation to establish a program under 
     which payments for livestock losses are made using the 
     criteria established to carry out the 1999 Livestock 
     Assistance Program to producers for losses in a disaster 
     county declared during calendar year 2001 or 2002.
       (2) Choice of payments.--If the farm of the producers is 
     located in a disaster county declared during each of calendar 
     years 2001 and 2002, the producers on the farm may elect to 
     receive payments under this subsection for losses associated 
     with the qualifying natural disaster declaration in either 
     calendar year 2001 or calendar year 2002, but not both.
       (c) Relationship of Livestock Assistance Programs.--
       (1) Definition of livestock assistance program.--In this 
     subsection, the term ``livestock assistance program'' means--
       (A) the 2002 Cattle Feed Program announced by the Secretary 
     on September 3, 2002 (67 Fed. Reg. 56260);
       (B) the 2002 Livestock Compensation Program, as announced 
     by the Secretary on October 10, 2002 (67 Fed. Reg. 63070) and 
     modified in accordance with subsection (a); and
       (C) the livestock loss assistance program established under 
     subsection (b).
       (2) Payments.--The amount of assistance that the producers 
     on a farm would otherwise receive for a loss under a 
     livestock assistance program shall be reduced by the amount 
     of the assistance that the producers on the farm receive 
     under any other livestock assistance program.

     SEC. 205. EMERGENCY SURPLUS REMOVAL.

       The Secretary shall transfer $250,000,000 of funds of the 
     Commodity Credit Corporation to the fund established by 
     section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to 
     carry out emergency surplus removal of agricultural 
     commodities.

     SEC. 206. SPECIALTY CROPS.

       The Secretary shall use $100,000,000 of funds of the 
     Commodity Credit Corporation to provide assistance to 
     producers directly or through grants to States, or take such 
     other action as the Secretary determines is appropriate, to 
     assist producers of fruits and vegetables (including nuts).

     SEC. 207. TOBACCO PAYMENTS.

       (a) Definitions.--In this section:
       (1) Eligible person.--The term ``eligible person'' means a 
     person that--
       (A) owns a farm for which, irrespective of temporary 
     transfers or undermarketings, a basic quota or allotment for 
     eligible tobacco is established for the 2002 crop year under 
     part I of subtitle B of title III of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
       (B) controls the farm from which, under the quota or 
     allotment for the relevant period, eligible tobacco is 
     marketed, could have been marketed, or can be marketed, 
     taking into account temporary transfers; or
       (C) grows, could have grown, or can grow eligible tobacco 
     that is marketed, could have been marketed, or can be 
     marketed under the quota or allotment for the 2002 crop year, 
     taking into account temporary transfers.
       (2) Eligible tobacco.--The term ``eligible tobacco'' means 
     each of the following kinds of tobacco:
       (A) Flue-cured tobacco, comprising types 11, 12, 13, and 
     14.
       (B) Fire-cured tobacco, comprising types 21, 22, and 23.
       (C) Dark air-cured tobacco, comprising types 35 and 36.
       (D) Virginia sun-cured tobacco, comprising type 37.
       (E) Burley tobacco, comprising type 31.
       (F) Cigar-filler and cigar-binder tobacco, comprising types 
     42, 43, 44, 54, and 55.
       (b) Payments.--Not later than June 1, 2003, the Secretary 
     shall use funds of the Commodity Credit Corporation to make 
     payments under this section.
       (c) Poundage Payment Quantities.--
       (1) In general.--
       (A) Flue-cured and cigar tobacco.--In the case of Flue-
     cured tobacco (types 11, 12, 13, and 14) and cigar-filler and 
     cigar-binder tobacco (types 42, 43, 44, 54, and 55), the 
     poundage payment quantity under this section shall equal the 
     number of pounds of the basic poundage quota of the kind of 
     tobacco, irrespective of temporary transfers or 
     undermarketings, under part I of subtitle B of title III of 
     the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et 
     seq.) for the 2002 crop year.
       (B) Other kinds of eligible tobacco.--In the case of each 
     other kind of eligible tobacco, the poundage payment quantity 
     under this section shall equal--
       (i) in the case of eligible persons that are owners 
     described in subsection (a)(1)(A), the number of pounds of 
     the basic poundage quota of the kind of tobacco, irrespective 
     of temporary transfers or undermarketings, under part I of 
     subtitle B of title III of the Agricultural Adjustment Act of 
     1938 (7 U.S.C. 1311 et seq.) for the 2002 crop year; and
       (ii) in the case of eligible persons that are controllers 
     described in subsection (a)(1)(B) or growers described in 
     subsection (a)(1)(C), the number of pounds of effective 
     poundage quota of the kind of tobacco, including temporary 
     transfers or undermarketings, under part I of subtitle B of 
     title III of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1311 et seq.) for the 2002 crop year.
       (2) Conversion of individual allotments to poundage payment 
     quantities.--In the case of each kind of eligible tobacco 
     other than Flue-cured tobacco (types 11, 12, 13, and 14) and 
     Burley tobacco (type 31), individual allotments shall be 
     converted to poundage payment quantities by multiplying--
       (A) the number of acres that may, irrespective of temporary 
     transfers or undermarketings, be devoted, without penalty, to 
     the production of the kind of tobacco under the allotment 
     under part I of subtitle B of title III of the Agricultural 
     Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2002 
     crop year; by
       (B)(i) in the case of fire-cured tobacco (type 21), 1,746 
     pounds per acre;
       (ii) in the case of fire-cured tobacco (types 22 and 23), 
     2,676 pounds per acre;
       (iii) in the case of dark air-cured tobacco (types 35 and 
     36), 2,475 pounds per acre;
       (iv) in the case of Virginia sun-cured tobacco (type 37), 
     1,502 pounds per acre; and
       (v) in the case of cigar-filler and cigar-binder tobacco 
     (types 42, 43, 44, 54, and 55), 2,230 pounds per acre.
       (d) Available Payment Amounts.--The available payment 
     amount for each kind of eligible tobacco under subsection (b) 
     shall not exceed the amount obtained by multiplying--
       (1) 5.55 cents per pound; and
       (2) the national basic poundage quota for the applicable 
     kind.
       (e) Division of Payments Among Eligible Persons.--
       (1) In general.--Payments available with respect to a pound 
     of payment quantity, as determined under subsection (d), 
     shall be made available to eligible persons in accordance 
     with this paragraph, as determined by the Secretary.
       (2) Flue-cured and cigar tobacco.--In the case of payments 
     made available in a State under subsection (b) for Flue-cured 
     tobacco (types 11, 12, 13, and 14) and cigar-filler and 
     cigar-binder tobacco (types 42, 43, 44, 54, and 55), the 
     Secretary shall distribute (as determined by the Secretary)--
       (A) 50 percent of the payments to eligible persons that are 
     owners described in subsection (a)(1)(A); and
       (B) 50 percent of the payments to eligible persons that are 
     growers described in subsection (a)(1)(C).
       (3) Other kinds of eligible tobacco.--In the case of 
     payments made available in a State under subsection (b) for 
     each other kind of eligible tobacco not covered by paragraph 
     (2), the Secretary shall distribute (as determined by the 
     Secretary)--
       (A) 33\1/3\ percent of the payments to eligible persons 
     that are owners described in subsection (a)(1)(A);
       (B) 33\1/3\ percent of the payments to eligible persons 
     that are controllers described in subsection (a)(1)(B); and
       (C) 33\1/3\ percent of the payments to eligible persons 
     that are growers described in subsection (a)(1)(C).
       (f) Special Rule for Georgia.--The Secretary may make 
     payments under this section to eligible persons in Georgia 
     only if the State of Georgia agrees to use $13,000,000 to 
     make payments at the same time, or subsequently, to the same 
     persons in the same manner as provided for the Federal 
     payments under this section, as required by section 204(b)(6) 
     of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 
     1421 note; Public Law 106-224).
       (g) Judicial Review.--A determination by the Secretary 
     under this section shall not be subject to judicial review.

     SEC. 208. COTTONSEED.

       The Secretary shall use $50,000,000 of funds of the 
     Commodity Credit Corporation to provide assistance to 
     producers and first-handlers of the 2002 crop of cottonseed.

     SEC. 209. HURRICANE ASSISTANCE.

       (a) In General.--In a State in a which a qualifying natural 
     disaster declaration has been made during a calendar year, 
     the Secretary shall make available to first processors that 
     are eligible to obtain a loan under section 156(a) of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7272(a)) assistance in the form of payments, or 
     commodities in the inventory of the Commodity Credit 
     Corporation from carrying out that section, to partially 
     compensate producers and first processors for crop and other 
     losses that are related to the qualifying natural disaster 
     declaration.
       (b) Administration.--Assistance under this section shall 
     be--
       (1) shared by an affected first processor with affected 
     producers that provide commodities to the processor in a 
     manner that

[[Page S1292]]

     reflects contracts entered into between the processor and the 
     producers; and
       (2) made available under such terms and conditions as the 
     Secretary determines are necessary to carry out this section.
       (c) Quantity.--To carry out this section, the Secretary 
     shall--
       (1) use 200,000 tons of commodities in the inventory of the 
     Commodity Credit Corporation under section 156(a) of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7272(a));
       (2) make payments in an aggregate amount equal to the 
     market value of 200,000 tons of commodities described in 
     paragraph (1); or
       (3) take any combination of actions described in paragraphs 
     (1) and (2) using commodities or payments with a total market 
     value of 200,000 tons of commodities described in paragraph 
     (1).
       (d) Limitations.--The Secretary shall provide assistance 
     under this section only in a State described in section 
     359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7 
     U.S.C. 1359ff(c)(1)(A)) in which a qualifying natural 
     disaster declaration was made during calendar year 2002.

     SEC. 210. WEATHER-RELATED LOSSES.

       The Secretary shall use not more than $80,000,000 of funds 
     of the Commodity Credit Corporation to provide assistance to 
     sugar beet producers that suffered production losses 
     (including quality losses) for the 2002 crop year, as 
     determined by the Secretary.

     SEC. 211. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED ALONG 
                   RIO GRANDE FOR WATER LOSSES.

       (a) In General.--The Secretary shall use $10,000,000 of 
     funds of the Commodity Credit Corporation to make a grant to 
     the State of Texas, acting through the Texas Department of 
     Agriculture, to provide assistance to agricultural producers 
     in the State of Texas with farming operations along the Rio 
     Grande that have suffered economic losses during the 2002 
     crop year due to the failure of Mexico to deliver water to 
     the United States in accordance with the Treaty Relating to 
     the Utilization of Waters of the Colorado and Tijuana Rivers 
     and of the Rio Grande, and Supplementary Protocol signed 
     November 14, 1944, signed at Washington February 3, 1944 (59 
     Stat. 1219; TS 994).
       (b) Amount.--The amount of assistance provided to 
     individual agricultural producers under this section shall be 
     proportional to the amount of economic losses described in 
     subsection (a) that were incurred by the producers.

     SEC. 212. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW 
                   MEXICO FOR TEBUTHIURON APPLICATION LOSSES.

       (a) In General.--The Secretary shall use not more than 
     $1,650,000 of funds of the Commodity Credit Corporation to 
     reimburse agricultural producers on farms located in the 
     vicinity of Malaga, New Mexico, for losses incurred during 
     calendar years 2002 and 2003 as the result of the application 
     by the Federal Government of tebuthiuron on land on or near 
     the farms of the producers during August 2002, to remain 
     available until expended.
       (b) Amount.--The amount of assistance provided to 
     individual agricultural producers under this section shall be 
     proportional to the amount of losses described in subsection 
     (a) that were incurred by the producers.

     SEC. 213. ADMINISTRATION.

       Section 1232(a)(7)(A)(iii) of the Food Security Act of 1985 
     (16 U.S.C. 3832(a)(7)(A)(iii)) is amended by inserting before 
     the semicolon the following: ``, except that this clause 
     shall not apply during the 2002 calendar year''.

     SEC. 214. SENSE OF SENATE ON ASSISTANCE FOR PORK PRODUCERS 
                   UNDER THE FEED ASSISTANCE PROGRAMS.

       It is the sense of the Senate that--
       (1) weather-related disasters have caused economic distress 
     for United States pork producers in the form of higher feed 
     costs;
       (2) feed assistance programs administered by the Secretary 
     (such as the Livestock Assistance Program established under 
     part 1439 of title 7, Code of Federal Regulations, and the 
     2002 Cattle Feed Program announced by the Secretary on 
     September 3, 2002 (67 Fed. Reg. 56260)), have been very 
     effective in--
       (A) assisting cow-calf producers that have been negatively 
     affected by weather-related disasters; and
       (B) reducing Commodity Credit Corporation-owned stocks of 
     powdered nonfat dry milk; and
       (3) the Secretary, using authorities of the Commodity 
     Credit Corporation, should expand feed assistance programs 
     admininstered by the Secretary to include United States pork 
     producers that are negatively affected by weather-related 
     disasters.

     SEC. 215. FUNDING.

       (a) In General.--The Secretary shall use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation to carry out this title, to remain available 
     until expended.
       (b) Administration.--The Secretary, acting through the Farm 
     Service Agency, may use not more than $70,000,000 of funds of 
     the Commodity Credit Corporation to cover administrative 
     costs associated with the implementation of this title and 
     title I of the Farm Security and Rural Investment Act of 2002 
     (7 U.S.C. 7901 et seq.), to remain available until expended.

     SEC. 216. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this title.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this title 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.
                                 ______
                                 
  SA 205. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. PRICE SUPPORT ADJUSTMENTS.

       (a) Carry Forward Adjustment.--Section 319(e) of the 
     Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(e)) is 
     amended in the fifth sentence--
       (1) by striking ``: Provided, That'' and inserting ``, 
     except that (1)''; and
       (2) by inserting before the period at the end the 
     following: ``, (2) the total quantity of all adjustments 
     under this sentence for all farms for any crop year may not 
     exceed 10 percent of the national basic quota for the 
     preceding crop year, and (3) this sentence shall not apply to 
     the establishment of a marketing quota for the 2003 marketing 
     year''.
       (b) Special Requirements.--During the period beginning on 
     the date of enactment of this Act and ending on the last day 
     of the 2002 marketing year for the kind of tobacco involved, 
     the Secretary of Agriculture may waive the application of 
     section 1464.2(b)(2) of title 7, Code of Federal Regulations.
       (c) Regulations.--
       (1) In general.--The Secretary of Agriculture may 
     promulgate such regulations as are necessary to implement 
     this section and the amendments made by this section.
       (2) Procedure.--The promulgation of the regulations and 
     administration of this section and the amendments made by 
     this section shall be made without regard to--
       (A) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (B) 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
       (C) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (3) Congressional review of agency rulemaking.--In carrying 
     out this subsection, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.
                                 ______
                                 
  SA 206. Mr. VOINOVICH (for himself, and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 424, between lines 12 and 13, insert the following:

     SEC. 5__. EXTENSION OF PROHIBITION OF OIL AND GAS DRILLING IN 
                   THE GREAT LAKES.

       Section 503 of the Energy and Water Resources Development 
     Approptiations Act, 2002 (115 Stat. 512), is amended by 
     striking ``2002 and 2003'' and inserting ``2002 through 
     2005''.
                                 ______
                                 
  SA 207. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 547, between lines 4 and 5, insert the following:

           TITLE __--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Ottawa National Wildlife 
     Refuge Complex Expansion and Detroit River International 
     Wildlife Refuge Expansion Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) International refuge.--The term ``International 
     Refuge'' means the Detroit River International Wildlife 
     Refuge established by section 5(a) of the Detroit River 
     International Wildlife Refuge Establishment Act (16 U.S.C. 
     668dd note; 115 Stat. 894).
       (2) Refuge complex.--The term ``Refuge Complex'' means the 
     Ottawa National Wildlife Refuge Complex and the lands and 
     waters in the complex, as described in the document entitled 
     ``The Comprehensive Conservation Plan for the Ottawa National 
     Wildlife Refuge Complex'' and dated September 22, 2000, 
     including--
       (A) the Ottawa National Wildlife Refuge, established by the 
     Secretary in accordance with the Migratory Bird Conservation 
     Act (16 U.S.C. 715 et seq.);

[[Page S1293]]

       (B) the West Sister Island National Wildlife Refuge 
     established by Executive Order No. 7937, dated August 2, 
     1937; and
       (C) the Cedar Point National Wildlife Refuge established by 
     the Secretary in accordance with the Migratory Bird 
     Conservation Act (16 U.S.C. 715 et seq.).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Western basin.--
       (A) In general.--The term ``western basin'' means the 
     western basin of Lake Erie, consisting of the land and water 
     in the watersheds of Lake Erie extending from the watershed 
     of the Lower Detroit River in the State of Michigan to and 
     including Sandusky Bay and the watershed of Sandusky Bay in 
     the State of Ohio.
       (B) Inclusion.--The term `western basin' includes the Bass 
     Island archipelago in the State of Ohio.

     SEC. __03. EXPANSION OF BOUNDARIES.

       (a) Refuge Complex Boundaries.--
       (1) Expansion.--The boundaries of the Refuge Complex are 
     expanded to include land and water in the State of Ohio from 
     the eastern boundary of Maumee Bay State Park to the eastern 
     boundary of the Darby Unit (including the Bass Island 
     archipelago), as depicted on the map entitled ``Ottawa 
     National Wildlife Refuge Complex Expansion and Detroit River 
     International Wildlife Refuge Expansion Act'' and dated 
     September 6, 2002.
       (2) Availability of map.--The map referred to in paragraph 
     (1) shall be available for inspection in appropriate offices 
     of the United States Fish and Wildlife Service.
       (b) Boundary Revisions.--The Secretary may make such 
     revisions of the boundaries of the Refuge Complex as the 
     Secretary determines to be appropriate--
       (1) to facilitate the acquisition of property within the 
     Refuge Complex; or
       (2) to carry out this title.
       (c) Acquisition.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     may acquire by donation, purchase with donated or 
     appropriated funds, or exchange the land and water, and 
     interests in land and water (including conservation 
     easements), within the boundaries of the Refuge Complex.
       (2) Consent.--No land, water, or interest in land or water 
     described in paragraph (1) may be acquired by the Secretary 
     without the consent of the owner of the land, water, or 
     interest.
       (d) Transfers From Other Agencies.--Administrative 
     jurisdiction over any Federal property that is located within 
     the boundaries of the Refuge Complex and under the 
     administrative jurisdiction of an agency of the United States 
     other than the Department of the Interior may, with the 
     concurrence of the head of the administering agency, be 
     transferred without consideration to the Secretary for the 
     purpose of this title.
       (e) Study of Associated Area.--
       (1) In general.--The Secretary, acting through the Director 
     of the United States Fish and Wildlife Service, shall conduct 
     a study of fish and wildlife habitat and aquatic and 
     terrestrial communities in and around the 2 dredge spoil 
     disposal sites that are--
       (A) referred to by the Toledo-Lucas County Port Authority 
     as ``Port Authority Facility Number Three'' and ``Grassy 
     Island'', respectively; and
       (B) located within Toledo Harbor near the mouth of the 
     Maumee River.
       (2) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall--
       (A) complete the study under paragraph (1); and
       (B) submit to Congress a report on the results of the 
     study.

     SEC. __04. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

       The southern boundary of the International Refuge is 
     extended south to include additional land and water in the 
     State of Michigan located east of Interstate Route 75, 
     extending from the southern boundary of Sterling State Park 
     to the Ohio State boundary, as depicted on the map referred 
     to in section __03(a)(1).

     SEC. __05. ADMINISTRATION.

       (a) Refuge Complex.--
       (1) In general.--The Secretary shall administer all 
     federally owned land, water, and interests in land and water 
     that are located within the boundaries of the Refuge Complex 
     in accordance with--
       (A) the National Wildlife Refuge System Administration Act 
     of 1966 (16 U.S.C. 668dd et seq.); and
       (B) this title.
       (2) Additional authority.--The Secretary may use such 
     additional statutory authority available to the Secretary for 
     the conservation of fish and wildlife, and the provision of 
     opportunities for fish- and wildlife-dependent recreation, as 
     the Secretary determines to be appropriate to carry out this 
     title.
       (b) Additional Purposes.--In addition to the purposes of 
     the Refuge Complex under other laws, regulations, executive 
     orders, and comprehensive conservation plans, the Refuge 
     Complex shall be managed--
       (1) to strengthen and complement existing resource 
     management, conservation, and education programs and 
     activities at the Refuge Complex in a manner consistent with 
     the primary purposes of the Refuge Complex--
       (A) to provide major resting, feeding, and wintering 
     habitats for migratory birds and other wildlife; and
       (B) to enhance national resource conservation and 
     management in the western basin;
       (2) in partnership with nongovernmental and private 
     organizations and private individuals dedicated to habitat 
     enhancement, to conserve, enhance, and restore the native 
     aquatic and terrestrial community characteristics of the 
     western basin (including associated fish, wildlife, and plant 
     species);
       (3) to facilitate partnerships among the United States Fish 
     and Wildlife Service, Canadian national and provincial 
     authorities, State and local governments, local communities 
     in the United States and Canada, conservation organizations, 
     and other non-Federal entities to promote public awareness of 
     the resources of the western basin; and
       (4) to advance the collective goals and priorities that--
       (A) were established in the report entitled ``Great Lakes 
     Strategy 2002--A Plan for the New Millennium'', developed by 
     the United States Policy Committee, comprised of Federal 
     agencies (including the United States Fish and Wildlife 
     Service, the National Oceanic and Atmospheric Administration, 
     the United States Geological Survey, the Forest Service, and 
     the Great Lakes Fishery Commission) and State governments and 
     tribal governments in the Great Lakes basin; and
       (B) include the goals of cooperating to protect and restore 
     the chemical, physical, and biological integrity of the Great 
     Lakes basin ecosystem.
       (c) Priority Uses.--In providing opportunities for 
     compatible fish- and wildlife-dependent recreation, the 
     Secretary, in accordance with paragraphs (3) and (4) of 
     section 4(a) of the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd(a)), shall 
     ensure, to the maximum extent practicable, that hunting, 
     trapping, fishing, wildlife observation and photography, and 
     environmental education and interpretation are the priority 
     public uses of the Refuge Complex.
       (d) Cooperative Agreements Regarding Non-Federal Land.--To 
     promote public awareness of the resources of the western 
     basin and encourage public participation in the conservation 
     of those resources, the Secretary may enter into cooperative 
     agreements with the State of Ohio or Michigan, any political 
     subdivision of the State, or any person for the management, 
     in a manner consistent with this title, of land that--
       (1) is owned by the State, political subdivision, or 
     person; and
       (2) is located within the boundaries of the Refuge Complex.
       (e) Use of Existing Greenway Authority.--The Secretary 
     shall encourage the State of Ohio to use authority under the 
     recreational trails program under section 206 of title 23, 
     United States Code, to provide funding for acquisition and 
     development of trails within the boundaries of the Refuge 
     Complex.

     SEC. __06. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary--
       (1) to acquire land and water within the Refuge Complex 
     under section __03(c);
       (2) to carry out the study under section __03(e); and
       (3) to develop, operate, and maintain the Refuge Complex.
                                 ______
                                 
  SA 208. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, 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.  . BANDON CRANBERRY WATER CONTROL DISTRICT.

       ``(a) Of the funds made available to the United States 
     Department of Agriculture for the Rural Community Advancement 
     Program, $250,000 shall be made available from the Rural 
     Community Facilities Grant Program for grants to the Bandon 
     Cranberry Water Control District in Coos County, Oregon, to 
     help meet certain debt obligations for existing water supply 
     projects.
       ``(b) The Department is further directed to work with the 
     Bandon Cranberry Water Control District to restructure its 
     remaining debt on water supply projects, in light of the 
     significant reduction in commodity prices experienced by the 
     cranberry growers in recent years.''
                                 ______
                                 
  SA 209. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, 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.  . BANDON CRANBERRY WATER CONTROL DISTRICT.

       ``(a) Of the funds made available to the United States 
     Department of Agriculture for the Rural Community Advancement 
     Program, $250,000 shall be made available from the Rural 
     Community Facilities Grant Program for grants to the Bandon 
     Cranberry Water Control District in Coos County, Oregon, to 
     help meet certain debt obligations for existing water supply 
     projects.''
                                 ______
                                 
  SA 210. Mr. NICKLES submitted an amendment intended to be proposed by

[[Page S1294]]

him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 578 strike lines 15 through 19.
                                 ______
                                 
  SA 211. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 772, beginning with line 24, strike through line 2 
     on page 773.
                                 ______
                                 
  SA 212. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 745, beginning with ``account; to be available'' in 
     line 24, strike through line 12 on page 749, and insert 
     ``account.''.
                                 ______
                                 
  SA 213. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 731, beginning with ``the following'' in line 10, 
     strike through line 2 on page 735, and insert, ``sums shall 
     be made available for Intelligent Transportation System 
     projects that are designed to achieve the goals and purposes 
     set forth in section 5203 of the Intelligent Transportation 
     Systems Act of 1998 (subtitle C of title V of Public Law 105-
     178; 112 Stat. 453; 23 U.S.C. 502 note).''.
                                 ______
                                 
  SA 214. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 262, beginning with ``That'' in line 2, strike 
     through ``State,'' in line 24, and insert ``That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     may use up to $5,000,000 of Construction, General funding as 
     provided herein for construction of an emergency outlet from 
     Devils Lake, North Dakota, to the Sheyenne River except that 
     the funds shall not become available until completion of the 
     feasibility study required by Public Law 105-245, for the 
     continuation of which the Secretary may use $500,000 of such 
     funding, and except that the funds for such construction 
     shall not become available unless the Secretary of the Army 
     determines that an emergency (as defined in section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122) exists with respect to the 
     emergency need for the outlet and reports to Congress that 
     the construction is technically sound, economically 
     justified, and environmentally acceptable and in compliance 
     with the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321 et seq.): Provided further, That the economic 
     justification for the emergency outlet shall be prepared in 
     accordance with the principles and guidelines for economic 
     evaluation as required by regulations and procedures of the 
     Army Corps of Engineers for all flood control projects: 
     Provided further, That the economic justification be fully 
     described, including the analysis of the benefits and costs, 
     in the project plan documents: Provided further, That the 
     plans for the emergency outlet shall be reviewed and, to be 
     effective, shall contain assurances provided by the Secretary 
     of State, after consultation with the International Joint 
     Commission,''.
                                 ______
                                 
  SA 215. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1052, line 5, strike ``1.6 percent'' and insert: 
     ``0.5 percent''.
                                 ______
                                 
  SA 216. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, line 9, insert the following:
       ``Sec. 136. At the end of Pub. L. No. 92-203, as amended, 
     insert the following new section:
       ``Notwithstanding any other provision of law, section 4(5) 
     of Pub. L. 100-497 shall include those entities defined in 
     section 3(g) of Pub. L. 92-203, and 25 U.S.C. sections 465 
     and 467 shall be applicable to such entities to carry out, 
     within the continental United States, the purposes of Pub. L. 
     100-497. For the sole purpose of carrying out the activities 
     permitted by Pub. L. 100-497, those entities shall be deemed 
     to be on the list provided for in Pub. L. 103-454 and in 
     carrying out these activities shall have the same powers, 
     authority, status and immunities as if included on that list. 
     The applicable Secretary, utilizing the authority provided in 
     section 22(f) of Pub. L. 92-203 or 1302(h) of Pub. L. 96-487 
     may in his or her discretion enter into a land exchange 
     pursuant thereto. An entity defined in section 3(g) of Pub. 
     L. 92-203 may apply, for a period of ten years from the date 
     of enactment of this section, to the Secretary of the 
     Interior to have title to any lands that have been or may be 
     acquired by the entity pursuant to section 22(f) of Pub. L. 
     92-203, section 1302(h) of Pub. L. 96-487, or subsections 
     12(b)(6) or 12(b)(7) of Pub. L. 94-204, as amended, placed in 
     the status described in 25 U.S.C. sections 465 and 467 to 
     carry out the purposes of Pub. L. 100-497, and the Secretary 
     shall accept title to such lands and place them into such 
     status forthwith, and such lands shall be deemed to have been 
     in such status prior to October 17, 1988.'''
                                 ______
                                 
  SA 217. Mr. STEVENS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, add the following:
       Sec.  . Funding for the Individuals with Disabilities 
     Education Act. In addition to any amounts otherwise 
     appropriated under this Act for support of Part B of the 
     Individuals with Disabilities Education Act, the following 
     sum is appropriated out of any money in the Treasury not 
     otherwise appropriated for the fiscal year ending September 
     30, 2003, $1,500,000,000, which shall become available on 
     October 1, 2003, and shall remain available through September 
     30, 2004, academic year 2003-2004.
                                 ______
                                 
  SA 218. Mr. HATCH submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       SEC 7(c) OF PL 106-143 IS AMENDED BY STRIKING ``2001'', AND 
     INSERTING 2004.
                                 ______
                                 
  SA 219. Mr. HATCH submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC. __. BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL.

       (a) Cost Sharing.--Public Law 99-558 (100 Stat. 3144) is 
     amended by striking section 2 and inserting the following:

     ``SEC. 2. COST SHARING.

       ``Up to 25 percent of the total cost of establishing the 
     memorial may be derived from Federal sources.''.
       (b) Repeal of Duplicative Enactments.--
       (1) Section 118 of Public Law 99-500 (100 Stat. 1783-266) 
     is repealed.
       (2) Title VIII of Public Law 99-590 (100 Stat. 3339) is 
     repealed.
       (3) Section 118 of Public Law 99-591 (100 Stat. 3341-266) 
     is repealed.
                                 ______
                                 
  SA 220. Mrs. BOXER (for herself, Mr. Ensign, and Mr. Specter) 
submitted an amendment intended to be proposed by her to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . FUNDING FOR AFTER-SCHOOL PROGRAMS.

       (a) Findings.--Congress finds that--
       (1) There remains a great need for after-school programs. 
     The Census Bureau reported that at least 8 to 15 million 
     children have no place to go after school is out.
       (2) According to the FBI, youth are most at risk for 
     committing violent acts and being victims of violent crimes 
     between 3 p.m. and 8 p.m.--after school is out and before 
     parents arrive home.
       (3) Studies show that organized extracurricular activities, 
     such as after-school programs, reduce crime, drug use, and 
     teenage pregnancy.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that every effort should be made to--
       (1) accommodate the waiting lists of children needing 
     access to after-school programs; and
       (2) fund after-school programs at the level authorized in 
     the Leave No Child Behind Act.
                                 ______
                                 
  SA 221. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1014, between lines 13 and 14, insert the 
     following:

[[Page S1295]]

     SEC.   . SCOPE OF FEDERAL JURISDICTION OVER WATERS OF THE 
                   UNITED STATES

       None of the funds made available under this Act shall be 
     used--
       (1) to promulgate or implement any regulation relating to 
     the scope of Federal jurisdiction under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.) over waters of 
     the United States (including the proposed rulemaking 
     described in the notion issued on January 15, 2003 (68 Fed. 
     Reg. 1991 (January 15, 2003)) or any similar regulation); or
       (2) to implement as a policy of the Federal Government the 
     holding in Solid Waste Agency of Northern Cook County v. 
     United States Army Corps of Engineers, 531 U.S. 159 (2001), 
     relating to the scope of Federal jurisdiction conferred by 
     Congress under the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.), so as to apply the holding of that case 
     to any factual situation other than the precise facts in that 
     case.
                                 ______
                                 
  SA 222. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1014, between lines 13 and 14, insert the 
     following:

     SEC.   . FEDERAL JURISDICTION OVER WATERS OF THE UNITED 
                   STATES.

       ``No funds made available by this Act shall be used by the 
     Administration of the Environmental Protection Agency or the 
     Secretary of the Army Corps of Engineers to exempt any bodies 
     of water that are currently covered by the Clean Water Act 
     from the Clean Water Act.''
                                 ______
                                 
  SA 223. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 486, between lines 8 and 9, insert the following:

     SEC.  . CALIFORNIA OFFSHORE OIL LEASES.

       ``No funds made available by this act shall be used by the 
     Secretary of the Interior to approve any exploration, 
     development, or production plan for, or application for a 
     permit to drill on, the 36 undeveloped leases in southern 
     California planning area of the outer Continental Shelf 
     during any period in which the leases are engaged in 
     settlement negotiations with the Secretary of the Interior 
     for the retirement of the leases.''
                                 ______
                                 
  SA 224. Mr. BOND submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1014, after line 13, insert the following new 
     section, with the section renumbered as appropriate:

     ``SEC. 423. SECTION 214 OF THE HOUSING AND COMMUNITY 
                   DEVELOPMENT ACT OF 1980 (42. U.S.C. 1436A) IS 
                   AMENDED BY:

       (1) in subsection (a)(6), by striking out ``or'' at the 
     end;
       (2) by renumbering paragraph (7) as (8) in subsection (a);
       (3) by adding after paragraph (6) in subsection (a), the 
     following new paragraph: ``(7) a qualified alien described in 
     8 U.S.C. 1641, or'';
       (4) in subsection (c)(1)(A), by striking ``paragraphs (1) 
     through (6)'' and inserting ``paragraphs (1) through (7)''; 
     and
       (5) in subsection (c)(2)(A), by inserting ``(other than a 
     qualified alien as described in 8 U.S.C. 1641(c))'' after 
     ``any alien''.''
                                 ______
                                 
  SA 225. Ms. LANDRIEU (for herself and Mr. Breaux) submitted an 
amendment intended to be proposed by her to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 259, line 19, strike ``projects:'' and insert 
     ``projects; and of which $55,000,000 shall be available for 
     the Southeast Louisiana project:''.
                                 ______
                                 
  SA 226. Mr. KOHL submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 35, line 7, strike ``$682,814,000'' and insert 
     ``$678,814,000''.
       On page 35, line 12 strike ``$86,762,000'' and insert 
     ``$82,762,000''.
       On page 43, line 7, strike ``$35,000,000'' and insert 
     ``$34,000,000''.
       On page 43, line 18, strike ``$47,498,000'' and insert 
     ``$46,498,000''.
       In Division A, at the appropriate place, insert the 
     following new section:
       Sec.   . There is hereby appropriated $6,000,000 for grants 
     made available in accordance with section 7412 of Public Law 
     107-171.''
                                 ______
                                 
  SA 227. Mr. KOHL submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On Page 41, line 20, strike ``$55,956,000'' and insert 
     ``53,956,000''.
       On Page 42, line 14, strike ``$730,000,000'' and insert 
     ``722,000,000''.
       In Division A, at the appropriate place, insert the 
     following new section:
       Sec.  . There is hereby appropriated an amount sufficient 
     for expansion of the program described in section 18(f) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1769(f)) to include an additional twenty states; Provided, 
     That these funds should be used to include states with the 
     lowest program participation rates averaged over the three 
     previous years.
                                 ______
                                 
  SA 228. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 75, strike lines 17 through 20.
                                 ______
                                 
  SA 229. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 3, line 24, strike ``$133,155,000'' and insert 
     ``$118,155,000''.
                                 ______
                                 
  SA 230. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 263, beginning with ``$346,437,000,'' in line 24, 
     strike through line 6 on page 264 and insert ``$331,687,000, 
     to remain available until expended: Provided, That the 
     Secretary of the Army, acting through the Chief of Engineers, 
     using $250,000 of the funds provided herein, is directed to 
     continue environmental review and project plans for the Yazoo 
     Basin, Yazoo Backwater Pumping Plant, Mississippi.''.
                                 ______
                                 
  SA 231. Mr. GRAHAM of Florida (for himself and Mr. Kennedy) submitted 
an amendment intended to be proposed by him to the joint resolution 
H.J. Res. 2, making further continuing appropriations for the fiscal 
year 2003, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1047, between lines 19 and 20, insert the 
     following:
       Sec. 404. (a) The letter to State Medicaid Directors dated 
     December 20, 2002, from Dennis G. Smith, Director, Center for 
     Medicaid and State Operations of the Centers for Medicare & 
     Medicaid Services (relating to placing limits on coverage of 
     emergency services under the medicaid program under title XIX 
     of the Social Security Act), shall have no force or effect 
     and State medicaid programs shall be administered without 
     regard to such letter.
       (b) None of the funds appropriated or made available in 
     this Act may be used for payments for medicaid expenditures 
     directly or indirectly related to capitation payments (or 
     other forms of premium or risk payments) to a managed care 
     entity (including a primary care case manager) that does not 
     pay for use of emergency services by a medicaid beneficiary 
     enrolled with the entity that meet the prudent layperson 
     standard under 1932(b)(2) of the Social Security Act (42 
     U.S.C. 1396u-2(b)(2)).
                                 ______
                                 
  SA 232. Mr. GRAHAM of Florida (for himself and Mr. Kennedy) submitted 
an amendment intended to be proposed by him to the joint resolution 
H.J. Res. 2, making further continuing appropriations for the fiscal 
year 2003, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 1047, between lines 19 and 20, insert the 
     following:
       Sec. 404. (a) The letter to State Medicaid Directors dated 
     December 20, 2002, from Dennis G. Smith, Director, Center for 
     Medicaid and State Operations of the Centers for Medicare & 
     Medicaid Services (relating to placing limits on coverage of 
     emergency services under the medicaid program under title XIX 
     of the Social Security Act), shall have no force or effect 
     and State medicaid programs shall be administered without 
     regard to such letter.
       (b) None of the funds appropriated or made available in 
     this Act may be used for payments for medicaid expenditures 
     directly or indirectly related to capitation payments (or 
     other forms of premium or risk payments) to a managed care 
     entity (including a primary care case manager) that does not 
     pay for use of emergency services by a medicaid

[[Page S1296]]

     beneficiary enrolled with the entity that meet the prudent 
     layperson standard under 1932(b)(2) of the Social Security 
     Act (42 U.S.C. 1396u-2(b)(2)).
       (c) None of the funds appropriated or made available in 
     this Act may be used to approve medicaid plan amendments, 
     waivers, or waiver amendments that restrict payment on behalf 
     of a medicaid beneficiary enrolled with a managed care entity 
     (including a primary care case manager) for use of emergency 
     services that meet the prudent layperson standard under 
     section 1932(b)(2) of the Social Security Act (42 U.S.C. 
     1396u-2(b)(2)).
                                 ______
                                 
  SA 233. Mr. CORZINE (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 115, between lines 23 and 24, insert the following:
       Sec. 110. None of the funds appropriated by this Act may be 
     used to remove, deport, or detain an alien spouse or child of 
     an individual who died as a result of a September 11, 2001, 
     terrorist attack, unless the alien spouse or child is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)) or deportable under paragraph (2) or (4) of section 
     237(a) of that Act (8 U.S.C. 1227(a)) (including any 
     terrorist perpetrator of a September 11, 2001, terrorist 
     attack against the United States); or
       (2) a member of the family of a person described in 
     paragraph (1).
                                 ______
                                 
  SA 234. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1026, after line 22, add the following:
       Sec. 111. (a) In addition to amounts appropriated in Public 
     Law 107-248, funds are hereby appropriated for the National 
     Commission To Fight Terrorist Attacks Upon the United States 
     for fiscal year 2003 in the total amount of $3,000,000.
       (b) The total amount appropriated under the heading 
     ``Departmental offices, salaries, and expenses'' in title I 
     of division J of this Act is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 235. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1026, after line 22, add the following:
       Sec. 111. (a) In addition to amounts appropriated in Public 
     Law 107-248, funds are hereby appropriated for the National 
     Commission To Fight Terrorist Attacks Upon the United States 
     for fiscal year 2003 in the total amount of $300,000,000.
                                 ______
                                 
  SA 236. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. SENSE OF THE SENATE CONCERNING CERTAIN FUNDS FOR 
                   TECHNICAL ASSISTANCE FOR MANDATORY CONSERVATION 
                   PROGRAMS.

       (a) Findings.--The Senate finds that--
       (1) conservation technical assistance provided through the 
     Department of Agriculture is essential to help the farmers, 
     ranchers, and landowners of the United States to implement 
     and maintain critical conservation practices;
       (2) Congress provided a historic increase in mandatory 
     funding for voluntary conservation efforts in the Farm 
     Security and Rural Investment Act of 2002 (Public Law 107-
     171);
       (3) in that Act, Congress provided mandatory funding 
     sufficient to cover all conservation technical assistance 
     needed to carry out conservation programs;
       (4) under that Act, conservation technical assistance is 
     provided to carry out conservation programs;
       (5) the General Accounting Office has determined that, 
     under the Farm Security and Rural Investment Act of 2002, 
     funding for conservation technical assistance--
       (A) is provided directly for conservation programs; and
       (B) is not subject to the limitation specified in section 
     11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714i); and
       (6) the General Accounting Office has determined that funds 
     in the Conservation Operations account cannot be used to fund 
     conservation technical assistance for conservation programs 
     under the Farm Security and Rural Investment Act of 2002.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the President should provide full funding for 
     conservation technical assistance in order to implement 
     conservation programs under title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3801 et seq.); and
       (2) the President should not use funds from the 
     Conservation Operations account to provide conservation 
     technical assistance for carrying out conservation programs 
     directly funded by that title.
                                 ______
                                 
  SA 237. Mr. DODD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 596, between lines 2 and 3, insert the following:

                     election reform grant program

       Notwithstanding title I of division B, the appropriation 
     under such title of $50,000,000 to the Office of Justice 
     Programs of the Department of Justice for an election reform 
     grant program is rescinded, the proviso relating to such 
     appropriation shall have no effect, and there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the Department of Health and Human Services 
     for the expenses authorized by part 2 of subtitle D of title 
     II of the Help America Vote Act of 2002 (Public Law 107-252; 
     116 Stat. 1698), relating to payments to States and units of 
     local government to assure access for individuals with 
     disabilities, $50,000,000, to remain available until 
     expended.
                                 ______
                                 
  SA 238. Mr. DODD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 111, line 25, strike ``: Provided, That'' 
     and all that follows before the period on page 112, line 4.
                                 ______
                                 
  SA 239. Mr. DODD submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1032, strike lines 18 through 20, and insert the 
     following:
     carry out the provisions of the Help America Vote Act of 2002 
     (Public Law 107-252; 116 Stat. 1666), to remain available 
     until expended.
                                 ______
                                 
  SA 240. Mr. SMITH submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLARIFICATION OF CERTAIN PATENT PROVISIONS TO 
                   RAILROAD CARS.

       Section 272 of title 35, United States Code, is amended by 
     adding after the period the following: ``This section shall 
     apply to any vehicle that is a railroad car entering and 
     leaving the United States on a regular basis.''.
                                 ______
                                 
  SA 241. Mr. CHAFEE submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title III of Division G, add the following:

     SEC. __. HIGHER EDUCATION FUNDING.

       Notwithstanding any other provision of this Act, of the 
     amounts appropriated under this Act for programs or 
     activities under title III of Division G that are in excess 
     of $54,195,685,000 that are available for distribution to 
     States and local educational agencies in accordance with 
     sections 5111 and 5112 of the Elementary and Secondary 
     Education Act of 1965--
       (1) $1,350,000,000 shall be available to the Secretary of 
     Education to carry out subpart 1 of part A of title IV of the 
     Higher Education Act of 1965 (Federal Pell Grants); and
       (2) $150,000,000 shall be available to the Secretary of 
     Education for programs under the Higher Education Act of 
     1965, other than programs under subpart 1 of part A of title 
     IV of such Act.
                                 ______
                                 
  SA 242. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the joint resolution H.J.Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

     At the appropriate place, insert the following:
       ``The Secretary of the Army, acting through the Chief of 
     Engineers, is directed to provide $2,900,000 of the funds 
     provided therein for the continuation of the shore protection 
     project in Dare County (Bodie Island), North Carolina, as 
     authorized by Section 101

[[Page S1297]]

     (24) of the Water Resources Development Act of 2000.''
                                 ______
                                 
  SA 243. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7__. RURAL HOUSING SERVICE.

       Title III of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2001, is amended in the first paragraph under the heading 
     ``rural housing insurance fund program account (including 
     transfer of funds)'' under the heading ``Rural Housing 
     Service'' (114 Stat. 1549, 1549A-19) by inserting before the 
     period at the end the following: ``: Provided further, That 
     after September 30, 2002, any funds remaining for the 
     demonstration program may be used, within the State in which 
     the demonstration program is carried out, for fiscal year 
     2003 and subsequent fiscal years to make grants, and to cover 
     the costs (as defined in section 502 of the Congressional 
     Budget and Impoundment Control Act of 1974 (2 U.S.C. 661a)) 
     of loans authorized, under section 504 of the Housing Act of 
     1949 (42 U.S.C. 1474)''.
                                 ______
                                 
  SA 244. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLUE RIDGE NATIONAL HERITAGE AREA.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Blue Ridge National Heritage Area established by subsection 
     (b).
       (2) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by subsection (d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area approved under 
     subsection (e).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (5) State.--The term ``State'' means the State of North 
     Carolina.
       (b) Establishment.--There is established the Blue Ridge 
     National Heritage Area in the State.
       (c) Boundaries.--The Heritage Area shall consist of the 
     counties of Alleghany, Ashe, Avery, Buncombe, Burke, 
     Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, 
     Jackson, McDowell, Macon, Madison, Mitchell, Polk, 
     Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes, 
     Yadkin, and Yancey in the State.
       (d) Management Entity.--
       (1) In general.--As a condition of the receipt of funds 
     made available under subsection (i)(1), the Blue Ridge 
     National Heritage Area Partnership shall be the management 
     entity for the Heritage Area.
       (2) Board of directors.--The management entity shall be 
     governed by a board of directors composed of 9 members, of 
     whom--
       (A) 2 members shall be appointed by AdvantageWest;
       (B) 2 members shall be appointed by HandMade In America, 
     Inc.;
       (C) 1 member shall be appointed by the Education and 
     Research Consortium of Western North Carolina;
       (D) 1 member shall be appointed by the Eastern Band of the 
     Cherokee Indians; and
       (E) 3 members shall--
       (i) be appointed by the Governor of the State;
       (ii) reside in geographically diverse regions of the 
     Heritage Area;
       (iii) be a representative of State or local governments or 
     the private sector; and
       (iv) have knowledge of tourism, economic and community 
     development, regional planning, historic preservation, 
     cultural or natural resources development, regional planning, 
     conservation, recreational services, education, or museum 
     services.
       (e) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the management entity shall submit to 
     the Secretary for approval a management plan for the Heritage 
     Area.
       (2) Consideration of other plans and actions.--In 
     developing the management plan, the management entity shall--
       (A) for the purpose of presenting a unified preservation 
     and interpretation plan, take into consideration Federal, 
     State, and local plans; and
       (B) provide for the participation of residents, public 
     agencies, and private organizations in the Heritage Area.
       (3) Contents.--The management plan shall--
       (A) present comprehensive recommendations and strategies 
     for the conservation, funding, management, and development of 
     the Heritage Area;
       (B) identify existing and potential sources of Federal and 
     non-Federal funding for the conservation, management, and 
     development of the Heritage Area; and
       (C) include--
       (i) an inventory of the cultural, historical, natural, and 
     recreational resources of the Heritage Area, including a list 
     of property that--

       (I) relates to the purposes of the Heritage Area; and
       (II) should be conserved, restored, managed, developed, or 
     maintained because of the significance of the property;

       (ii) a program of strategies and actions for the 
     implementation of the management plan that identifies the 
     roles of agencies and organizations that are involved in the 
     implementation of the management plan;
       (iii) an interpretive and educational plan for the Heritage 
     Area;
       (iv) a recommendation of policies for resource management 
     and protection that develop intergovernmental cooperative 
     agreements to manage and protect the cultural, historical, 
     natural, and recreational resources of the Heritage Area; and
       (v) an analysis of ways in which Federal, State, and local 
     programs may best be coordinated to promote the purposes of 
     this Act.
       (4) Effect of failure to submit.--If a management plan is 
     not submitted to the Secretary by the date described in 
     paragraph (1), the Secretary shall not provide any additional 
     funding under this Act until a management plan is submitted 
     to the Secretary.
       (5) Approval or disapproval of management plan.--
       (A) In general.--Not later than 90 days after receiving the 
     management plan submitted under paragraph (1), the Secretary 
     shall approve or disapprove the management plan.
       (B) Criteria.--In determining whether to approve the 
     management plan, the Secretary shall consider whether the 
     management plan--
       (i) has strong local support from landowners, business 
     interests, nonprofit organizations, and governments in the 
     Heritage Area; and
       (ii) has a high potential for effective partnership 
     mechanisms.
       (C) Action following disapproval.--If the Secretary 
     disapproves a management plan under subparagraph (A), the 
     Secretary shall--
       (i) advise the management entity in writing of the reasons 
     for the disapproval;
       (ii) make recommendations for revisions to the management 
     plan; and
       (iii) allow the management entity to submit to the 
     Secretary revisions to the management plan.
       (D) Deadline for approval of revision.--Not later than 60 
     days after the date on which a revision is submitted under 
     subparagraph (C), the Secretary shall approve or disapprove 
     the proposed revision.
       (6) Amendment of approved management plan.--
       (A) In general.--After approval by the Secretary of a 
     management plan, the management entity shall periodically--
       (i) review the management plan; and
       (ii) submit to the Secretary, for review and approval, the 
     recommendation of the management entity for any amendments to 
     the management plan.
       (B) Use of funds.--No funds made available under subsection 
     (i)(1) shall be used to implement any amendment proposed by 
     the management entity under subparagraph (A)(ii) until the 
     Secretary approves the amendment.
       (f) Authorities and Duties of the Management Entity.--
       (1) Authorities.--For the purposes of developing and 
     implementing the management plan, the management entity may 
     use funds made available under subsection (i)(1) to--
       (A) make loans and grants to, and enter into cooperative 
     agreements with, the State (including a political 
     subdivision), nonprofit organizations, or persons;
       (B) hire and compensate staff; and
       (C) enter into contracts for goods and services.
       (2) Duties.--In addition to developing the management plan, 
     the management entity shall--
       (A) develop and implement the management plan while 
     considering the interests of diverse units of government, 
     businesses, private property owners, and nonprofit groups in 
     the Heritage Area;
       (B) conduct public meetings in the Heritage Area at least 
     semiannually on the development and implementation of the 
     management plan;
       (C) give priority to the implementation of actions, goals, 
     and strategies in the management plan, including providing 
     assistance to units of government, nonprofit organizations, 
     and persons in--
       (i) carrying out the programs that protect resources in the 
     Heritage Area;
       (ii) encouraging economic viability in the Heritage Area in 
     accordance with the goals of the management plan;
       (iii) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (iv) developing recreational and educational opportunities 
     in the Heritage Area; and
       (v) increasing public awareness of and appreciation for the 
     cultural, historical, and natural resources of the Heritage 
     Area; and
       (D) for any fiscal year for which Federal funds are 
     received under subsection (i)(1)--
       (i) submit to the Secretary a report that describes, for 
     the fiscal year--

       (I) the accomplishments of the management entity;

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       (II) the expenses and income of the management entity; and
       (III) each entity to which a grant was made;

       (ii) make available for audit by Congress, the Secretary, 
     and appropriate units of government, all records relating to 
     the expenditure of funds and any matching funds; and
       (iii) require, for all agreements authorizing expenditure 
     of Federal funds by any entity, that the receiving entity 
     make available for audit all records relating to the 
     expenditure of funds.
       (3) Prohibition on the acquisition of real property.--The 
     management entity shall not use Federal funds received under 
     subsection (i)(1) to acquire real property or an interest in 
     real property.
       (g) Technical and Financial Assistance.--
       (1) In general.--The Secretary may provide to the 
     management entity technical assistance and, subject to the 
     availability of appropriations, financial assistance, for use 
     in developing and implementing the management plan.
       (2) Priority for assistance.--In providing assistance under 
     paragraph (1), the Secretary shall give priority to actions 
     that facilitate--
       (A) the preservation of the significant cultural, 
     historical, natural, and recreational resources of the 
     Heritage Area; and
       (B) the provision of educational, interpretive, and 
     recreational opportunities that are consistent with the 
     resources of the Heritage Area.
       (h) Land Use Regulation.--
       (1) In general.--Nothing in this Act--
       (A) grants any power of zoning or land use to the 
     management entity; or
       (B) modifies, enlarges, or diminishes any authority of the 
     Federal Government or any State or local government to 
     regulate any use of land under any law (including 
     regulations).
       (2) Private property.--Nothing in this Act--
       (A) abridges the rights of any person with respect to 
     private property;
       (B) affects the authority of the State or local government 
     with respect to private property; or
       (C) imposes any additional burden on any property owner.
       (i) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 shall be made available for any fiscal year.
       (2) Non-federal share.--The non-Federal share of the cost 
     of any activities carried out using Federal funds made 
     available under paragraph (1) shall be not less than 50 
     percent.
       (j) Termination of authority.--The authority of the 
     Secretary to provide assistance under this Act terminates on 
     the date that is 15 years after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 245. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On Page 1027, strike Title II of Division M in its entirety 
     and insert the following:

                TITLE II--PRICE-ANDERSON ACT AMENDMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Price-Anderson Amendments 
     Act of 2002''.

     SEC. 202. EXTENSION OF INDEMNIFICATION AUTHORITY.

       (a) Indemnification of Nuclear Regulatory Commission 
     Licensees.--Section 170c. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(c)) is amended--
       (1) in the subsection heading, by striking ``LICENSES'' and 
     inserting ``LICENSEES''; and
       (2) by striking ``August 1, 2002'' each place it appears 
     and inserting ``August 1, 2017''.
       (b) Indemnification of Department of Energy Contractors.--
     Section 170d. (1)(A) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2210(d)(1)(A)) is amended by striking ``December 31, 
     2004'' and inserting ``August 1, 2017''.
       (c) Indemnification of Nonprofit Educational 
     Institutions.--Section 170k. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' 
     each place it appears and inserting ``August 1, 2017''.
       (d) Effective Date.--The indemnification authority extended 
     by this section shall apply to nuclear incidents occurring on 
     or after August 1, 2002.

     SEC. 203. MAXIMUM ASSESSMENT.

       Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210) is amended--
       (1) in the second proviso of the third sentence of 
     subsection b.(1)--
       (A) by striking ``$63,000,000'' and inserting 
     ``$94,000,000''; and
       (B) by striking ``$10,000,000 in any 1 year'' and inserting 
     ``$15,000,000 in any 1 year (subject to adjustment for 
     inflation under subsection t.''; and
       (2) in subsection t.(1)--
       (A) by inserting ``total and annual'' after ``amount of the 
     maximum'';
       (B) by striking ``the date of the enactment of the Price-
     Anderson Amendments Act of 1988'' and inserting ``July 1, 
     2002''; and
       (C) by striking ``such date of enactment'' and inserting 
     ``July 1, 2002''.

     SEC. 204. DEPARTMENT OF ENERGY LIABILITY LIMIT.

       (a) Indemnification of Department of Energy Contractors.--
     Section 170d. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(d)) is amended by striking paragraph (2) and inserting 
     the following:
       (2) In an agreement of indemnification entered into under 
     paragraph (1), the Secretary--
       ``(A) may require the contractor to provide and maintain 
     financial protection of such a type and in such amounts as 
     the Secretary shall determine to be appropriate to cover 
     public liability arising out of or in connection with the 
     contractual activity; and
       ``(B) shall indemnify the persons indemnified against such 
     liability above the amount of the financial protection 
     required, in the amount of $10,000,000,000 (subject to 
     adjustment for inflation under subsection t.), in the 
     aggregate, for all persons indemnified in connection with the 
     contract and for each nuclear incident, including such legal 
     costs of the contractor as are approved by the Secretary.''.
       (b) Contract Amendments.--Section 170 d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by 
     striking paragraph (3) and inserting the following:
       ``(3) All agreements of indemnification under which the 
     Department of Energy (or its predecessor agencies) may be 
     required to indemnify any person under this section shall be 
     deemed to be amended, on the date of enactment of the Price-
     Anderson Amendments Act of 2002, to reflect the amount of 
     indemnity for public liability and any applicable financial 
     protection required of the contractor under this 
     subsection.''.
       ``(c) Liability Limit.--Section 170 e.(1)(B) of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
       (1) by striking ``the maximum amount of financial 
     protection required under subsection b. or''; and
       (2) by striking ``paragraph (3) of subsection d., whichever 
     amount is more'' and inserting ``paragraph (2) of subsection 
     d.''.

     SEC. 205. INCIDENTS OUTSIDE THE UNITED STATES.

       (a) Amount of Indemnification.--Section 170 d.(5) of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended 
     by striking ``$100,000,000'' and inserting ``$500,000,000''.
       (b) Liability Limit.--Section 170 e.(4) of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by 
     striking ``$100,000,000'' and inserting ``$500,000,000''.

     SEC. 206. REPORTS.

       Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(p)) is amended by striking ``August 1, 1998'' and 
     inserting ``August 1, 2013''.

     SEC. 207. INFLATION ADJUSTMENT.

       Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(t)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by adding after paragraph (1) the following:
       ``(2) The Secretary shall adjust the amount of 
     indemnification provided under an agreement of 
     indemnification under subsection d. not less than once during 
     each 5-year period following July 1, 2002, in accordance with 
     the aggregate percentage change in the Consumer Price Index 
     since--
       ``(A) that date, in the case of the first adjustment under 
     this paragraph; or
       ``(B) the previous adjustment under this paragraph.''.

     SEC. 208. TREATMENT OF MODULAR REACTORS.

       Section 170b. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(b)) is amended by adding at the end the following:
       ``(5)(A) For purposes of this section only, the Commission 
     shall consider a combination of facilities described in 
     subparagraph (B) to be a single facility having a rated 
     capacity of 100,000 electrical kilowatts or more.
       ``(B) A combination of facilities referred to in 
     subparagraph (A) is 2 or more facilities located at a single 
     site, each of which has a rated capacity of 100,000 
     electrical kilowatts or more but not more than 300,000 
     electrical kilowatts, with a combined rated capacity of not 
     more than 1,300,000 electrical kilowatts.''.

     SEC. 209. APPLICABILITY.

       The amendments made by sections 203, 204, and 205 do not 
     apply to a nuclear incident that occurs before the date of 
     the enactment of this Act.

     SEC. 210. CIVIL PENALTIES.

       (a) Repeal of Automatic Remission.--Section 234A b.(2) of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2 282 a(b)(2)) is 
     amended by striking the last sentence.
       (b) Limitation for Not-for-Profit Institutions.--Subsection 
     d. of section 234A of the Atomic Energy Act of 1954 (42 
     U.S.C. 2282a(d)) is amended to read as follows:
       ``d. (1) Notwithstanding subsection a., in the case of any 
     not-for-profit contractor, subcontractor, or supplier, the 
     total amount of civil penalties paid under subsection a. may 
     not exceed the total amount of fees paid within any one-year 
     period (as determined by the Secretary) under the contract 
     under which the violation occurs.
       ``(2) For purposes of this section, the term `not-for-
     profit' means that no part of the net earnings of the 
     contractor subcontractor, or supplier inures, or may lawfully 
     inure, to the benefit of any natural person or for-profit 
     artificial person.''.
       (c) Effective Date.--The amendments made by this section 
     shall not apply to any

[[Page S1299]]

     violation of the Atomic Energy Act of 1954 occurring under a 
     contract entered into before the date of enactment of this 
     section.

                          ____________________