[Congressional Record Volume 149, Number 46 (Friday, March 21, 2003)]
[Senate]
[Pages S4277-S4295]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. CANTWELL (for herself and Mrs. Murray):
S. 681. A bill to provide for the enhanced protection of electricity
consumers under the Federal Power Act; to the Committee on Energy and
Natural Resources.
Ms. CANTWELL. Mr. President, I rise today to introduce the
Electricity Market Manipulation Prevention Act--legislation I believe
is critical in ensuring our Nation's consumers will never again have to
suffer from the type of energy price manipulation that has so
devastated the economy of my home State of Washington. This bill is
simple yet powerful in concept. In essence, it requires the Federal
Energy Regulatory Commission to do its job--protect consumers from
energy price manipulation.
This bill says that where FERC gives companies the authority to
charge market-based wholesale electricity rates, the Commission must
also actively ensure that effective competition--the only kind of
competition that benefits consumers and businesses--actually exists. It
says that if FERC finds that an entity has attempted to manipulate
power markets, the Commission will revoke or modify the company's
ability to sell power at market-based rates, and the company will be on
the hook to pay back revenues in excess of the average regional cost of
generating the power. And lastly, it says that FERC will not be allowed
to change the legal standard for
[[Page S4278]]
reviewing whether consumers deserve relief from market manipulation.
I first want to make a very important point about this legislation.
In large part, it does not expand FERC's existing authority under the
Federal Power Act. It simply articulates more explicitly how Congress
intends for FERC to exercise its existing authority.
Now why is this an important point? As many of my colleagues may
know, FERC--under sections 205 and 206 of the Federal Power Act--is
already given the responsibility of ensuring just and reasonable
wholesale electricity rates, and fixing those rates when market
activity has gone awry. So why do we need clarification? Because
despite overwhelming and undisputed evidence that any number of energy
companies--Enron and its ilk--engaged in activities designed to
manipulate power markets in the west, FERC has to date failed to take
action on behalf of consumers.
While prices started skyrocketing out of control during the summer of
2000, it took the Commission nearly a year to step in and reign in
those prices throughout the west. The provisions of this legislation
that require FERC to perform annual reviews of how well markets are
functioning would help ensure the Commission's active oversight, and
prevent the type of price gouging from which consumers and businesses
in my sate continue to suffer.
While the Commission did finally step in to cap prices--under intense
congressional pressure, I might add--it has, almost 2 years later,
failed to decisively act on the billions of dollars' worth of refund
and long-term contract complaints resulting from the crisis. What's
more, the Commission's Administrative Law Judges have taken every
opportunity to throw additional hurdles in the path of the Northwest
consumers, who have suffered more than any as a result of California's
ill-fated restructuring scheme. That's why this legislation
specifically articulates what legal standard should apply to the
Commission's review of complaints for relief.
Even in the face of admitted market manipulation--in the most brazen
of cases, where Enron has described its own schemes to drive up prices
and Reliant's transcripts quote company traders explicitly voicing
their plans to drive up prices throughout the west by withholding
power--FERC has, more than two years later, failed to use all the tools
at its disposal to send a message that such activities will not be
tolerated, levying fines that are clearly inadequate compared to the
economic devastation these activities have caused.
This bill makes the remedies for market manipulation far more
transparent, doing away with the multiple years of arcane proceedings
in which we are currently embroiled. The protracted cases resulting
from the western energy crisis have yet to benefit anyone--certainly
neither the industry nor consumers--except, perhaps, for energy
attorneys.
This legislation tells energy companies that if they are going to
attempt to manipulate markets, there will be harsh and immediate
consequences. It says that if the commission finds that an entity has
attempted to gouge consumers, it will revoke or revise its market-based
rate authority, set a just and reasonable rate going forward, and order
the refund of revenues collected above the average wholesale generation
cost within the relevant regional power market. Concrete, explicit
consequences--commensurate with the level of damage caused by
marketplace shenanigans--should provide a powerful disincentive for
companies tempted to engage in the types of behavior that have crippled
the economy of Washington and other western states.
Now, I can already hear the outcry from some--but not all sectors--of
the energy industry. They will claim that putting concrete remedies on
the books--transparent mechanisms for consumer relief, and tangible
penalties for companies that endeavor to gouge consumers--will breed
too much uncertainty for participants in energy markets.
To those who would make that argument, I would simply say, it is
absolutely absurd to suggest that energy companies can't make money
unless they retain their legal rights to rip off the ratepayers of this
country. Ensuring that FERC--which is supposed to be, in Chairman Pat
Wood's own words, ``the tough cop on the beat''--takes swift and
decisive action when energy companies attempt to manipulate markets is
an issue of simple fairness and common sense. Afterall, it is our
Nation's ratepayers--residential and industrial customers alike--who
pay the price for FERC's inaction, and FERC is the only cop on the
beat.
I have stood on this floor many times to speak of the economic train
wreck created in my state by FERC's inaction in the face of the western
energy crisis, which we now know resulted in large part from bad actors
who decided to take advantage of a near-historic drought and tragically
flawed market rules in California. Today, retail rates in many parts of
my State of Washington have risen almost 50 percent, our unemployment
is consistently among the top five in the nation, the demand for low-
income energy assistance is at record levels, we are struggling to
stave off yet another regional rate increase, and there is no end in
sight--unless FERC takes long-overdue action.
This bill sends a clear signal to FERC: we expect you to right the
wrongs from which consumers throughout the west continue to suffer, and
we expect you to use your authority to ensure a repeat of the western
energy crisis never occurs. There is no other competitively traded
commodity aside from electricity--soy beans, wheat, pork bellies,
metals--for which a prolonged price run-up can single-handedly cripple
industries as diverse as aluminum smelting, microchip manufacturing,
irrigated agriculture, paper production or aerospace. Clearly, the
economic stakes are exceptionally high when it comes to electricity,
and as such, Congress must demand a greater degree of accountability
from both the industry itself and those who regulate it.
With this bill, we make Congress' intent perfectly clear: FERC must
protect consumers; there will be swift and decisive action against
those who endeavor to manipulate markets; and the deck will not be
stacked against the consumers and businesses who are the victim of
Enron-like schemes.
______
By Mr. DOMENICI (for himself, Ms. Cantwell, Mrs. Murray, and Mr.
Bingaman):
S. 682. A bill to authorize funding for Genomes to Life Research and
Development at the Department of Energy for fiscal years 2004 through
2008; to the Committee on Energy and Natural Resources.
Mr. DOMENICI. Mr. President, I rise to introduce the Genomes to Life
Research and Development Act. I appreciate the bipartisan sponsors,
Senator Cantwell, Senator Murray and Senator Bingaman who join me in
its introduction.
In the last 2 years, there have been many events celebrating the
completion of maps of the human genome. The genome map has been lauded
from many quarters, with some referring to it as the ``recipe for
life,'' our ``genetic fingerprint,'' or the ``holy grail of biology.''
There can be no question that the work of the DOE, the NIH, and private
industry to complete this map has ushered in a new frontier in
biological research.
I had the tremendous pleasure and honor of being the first legislator
to recognize the importance of human genomics. It was at a March 1986
conference in Sante Fe, NM, led by Charles DeLisi and David Smith, that
the first proposal for the DOE Human Genome Initiative was developed.
And it was in 1987 that I introduced the legislation that laid the
foundation for the Human Genome project. Senator Chiles worked with me
in this effort, and both the Labor and Energy Committees had important
roles in advancing the project.
The first year of appropriated funding was fiscal year 1988, with $11
million for the DOE and $17 million for the NIH. Since then, in
completing the map, over $3 billion has been invested. I firmly believe
that history will view that investment as one that truly changed
medical and health sciences for all mankind.
I have found it amusing to review some of the arguments against the
genome project in those early days. It was labeled as a ``mindless
factory project,'' or ``a scheme for unemployed
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bombmakers.'' One well known researcher said, ``The Idea is gathering
momentum. I shiver at the thought.''
Now there's only praise for the future of this endeavor. I
particularly value an autographed copy of the original genome map that
was presented to me in February of 2001 by Craig Venter, president of
Celera Genomics, with the inscription ``Your vision went beyond the
parochial objections of the few and the doubts of the many, we all owe
you our thanks.''
But even as we can see today that the benefits to mankind from the
genome project will be immense, we also are nowhere near the point of
fully utilizing the treasure trove of information in these maps. Today,
we do not understand how details of genome sequence influence medical
conditions. In short, we have a map, but aren't quite sure exactly how
that map corresponds to reality.
With this bill, we authorize a new DOE program, Genomes to Life.
Along with companion measures in the NIH, this DOE program will seek to
interpret this wonderful new map and really begin to use it. Through
these programs, we will begin to understand how our own DNA sequence,
as expressed in our own genome map, translates into a collection of
interacting proteins that function as our own personal molecular
machine.
The intellectual challenges in this new initiative are immense. They
require public support for the basic and applied research and
development. There must be significant advances in areas like
characterization of multi-protein complexes and gene regulatory
networks that will be required before biologically based solutions and
technologies will be available for applications to DOE missions.
New instruments will be essential in the Genomes to Life research.
These may be instruments that haven't been invented yet. Specialized
facilities will be required to advance the field and realize its
promise. This bill envisions these facilities being built as user
facilities, using the model that the Department already successfully
uses for many facilities in diverse areas of science.
With the Genomes to Life program, and its companion programs at the
NIH, we'll finally be in a position to understand how genomic
information can be used to benefit mankind. From the NIH side, we will
be far better equipped to understand many diseases. We may have drugs
designed for specific genetic profiles, drugs may be screened for
adverse interactions, and side effects of drugs may be predicted and
avoided.
From the DOE side of the program, we may have biological approaches
to hydrogen production or carbon sequestration. We may have new
alternatives for detection and mitigation of biological threats. We may
have new biological tools to handle complex cleanup issued at DOE
sites.
This Bill lays the foundation for this new Genomes to Life program,
and I encourage its support.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 682
Be it enacted by the Senate and the House of
Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Genomes to Life Research and
Development Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Department of Energy's Genomes to Life initiative
involves the emerging fields of systems biology and
proteomics, which address the ability to understand the
composition and function of the biochemical networks and
pathways that carry out the essential processes of living
organisms.
(2) The Genomes to Life initiative builds on the Department
of Energy's integral role in the Human Genome Project, which
has led to the mapping, sequencing and identification of
genetic material. Genomes to Life will go beyond mapping to
develop an understanding of how genetic components interact
to perform cellular activities vital to life.
(3) The ability of the United States to respond to the
national security, energy and environmental challenges of the
21st century will be driven by science and technology. An
integrated and predictive understanding of biological systems
will enable the United States to develop new technologies
related to the detection of biological and chemical agents,
energy production, carbon sequestration, bioremediation and
other Department of Energy statutory missions. These advances
will also enhance the strength of U.S. science, technology,
and medicine generally.
(4) The fundamental intellectual challenges inherent in the
Genomes to Life initiative are considerable, and require
public support for basic and applied research and
development. Significant advances in areas such as the
characterization of multiprotein complexes and gene
regulatory networks will be required before biologically-
based solutions and technologies will be useful in national
security applications, as well as to the energy, medical and
agricultural industries.
(5) The development of new scientific instruments will also
be required to advance Genomes to Life research. Such
instruments are likely to be large and costly. Specialized
facilities are also likely to be required in order to advance
the field and to realize its promise. Such facilities will be
sufficiently expensive that they will have to be located and
constructed on a centralized basis, similar to a number of
unique facilities already managed by the Department of
Energy.
(6) Contributions from individual researchers as well as
multidisciplinary research teams will be required to advance
systems biology and proteomics.
(7) The Department of Energy's Office of Science is well
suited to manage systems biology and proteomics research for
the Department. Through its support of research and
development pursuant to the Department's statutory
authorities, the Office of Science is the principal federal
supporter of the research and development in the physical and
computational sciences. The Office is also a significant
source of federal support for research in genomics and the
life sciences. The Office supports research and development
by individual investigators and multidisciplinary teams, and
manages special user facilities that serve investigators in
both university and industry.
SEC. 3. DEPARTMENT OF ENERGY PROGRAM.
(a) Establishment.--The Secretary shall carry out a program
of research, development, demonstration, and commercial
application, to be known as the Genomes to Life Program, in
systems biology and proteomics consistent with the
Department's statutory authorities.
(b) Planning.--
(1) In general.--The Secretary shall prepare a program plan
describing how knowledge and capabilities would be developed
by the program and applied to Department missions relating to
energy, environmental cleanup, and mitigation of global
climate change.
(2) Consultation.--The program plan will be developed in
consultation with other relevant Department technology
programs.
(3) Long-term goals.--The program plan shall focus science
and technology on long-term goals including:
(A) contributing to U.S. independence from foreign energy
sources,
(B) stabilizing atmospheric levels of carbon dioxide to
counter global warming,
(C) advancing environmental cleanup, and
(D) providing the science and technology basis for new
industries in biotechnology.
(4) Specific goals.--The program plan shall identify
appropriate research, development, demonstration, and
commercial application activities to address the following
issues within the next decade:
(A) identifying new biological sources of fuels and
electricity, with particular emphasis on creating biological
technologies for the production and utilization of hydrogen;
(B) understanding the Earth's natural carbon cycle and
create stategies to stablize atmospheric carbon dioxide;
(C) developing a knowledge and capability base for
exploring more cost effective cleanup strategies for
Department sites;
(D) capturing key biological processes in engineered
systems not requiring living cells.
(c) Program Execution.--In carrying out the program under
this Act, the Secretary shall--
(1) support individual investigators and multidisciplinary
teams of investigators;
(2) subject to subsection (d), develop, plan, construct,
acquire, or operate special equipment or facilities for the
use of investigators conducting research, development,
demonstration, or commercial application in systems biology
and proteomics;
(3) support technology transfer activities to benefit
industry and other uses of systems biology and proteomics;
and
(4) coordinate activities by the Department with industry
and other federal agencies; and
(5) award funds authorized under this Act only after an
impartial review of the scientific and technical merit of the
proposals for such awards has been carried out by or for the
Department.
(d) Genomes to Life User Facilities and Ancillary
Equipment.--
(1) Authorization.--Within the funds authorized to be
appropriated pursuant to this Act, the amounts specified
under section 4(b) shall, subject to appropriations, be
available for projects to develop, plan, construct, acquire,
or operate special equipment, instrumentation, or facilities
for invesigators conducting research, development,
demonstration, and commercial application in systems biology
and proteomics and associated biological disciplines.
(2) Projects.--Projects under paragraph (1) may include--
(A) the indentification and characterization of
multiprotein complexes;
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(B) characterization of gene regulatory networks;
characterization of the functional repertoire of complex
microbial communities in their natural environments at the
molecular level; and
(C) development of computational methods and capabilities
to advance understanding of complex biological systems and
predict their behavior.
(3) Facilities.--Facilities under paragraph (1) may include
facilities for--
(A) the production and characterization of proteins;
(B) whole proteome analysis;
(C) characterization and imaging of molecular machines; and
(D) analysis and modeling of cellular systems.
(4) Collaboration.--The Secretary shall encourage
collaborations among universities, laboratories and industry
at facilities under this subsection. All facilities under
this subsection shall have a specific mission of
technology transfer to other institutions.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Total Authorization.--The following sums are authorized
to be appropriated to the Secretary, to remain available
until expended, for the purposes of carrying out this Act:
(1) $100,000,000 for fiscal year 2004;
(2) $170,000,000 for fiscal year 2005;
(3) $325,000,000 for fiscal year 2006;
(4) $415,000,000 for fiscal year 2007; and
(5) $455,000,000 for fiscal year 2008.
(b) User Facilities and Ancillary Equipment.--Of the funds
under subsection (a), the following sums are authorized to be
appropriated to carry out section 3(d):
(1) $16,000,000 for fiscal year 2004;
(2) $70,000,000 for fiscal year 2005;
(3) $175,000,000 for fiscal year 2006;
(4) $215,000,000 for fiscal year 2007; and
(5) $420,000,000 for fiscal year 2008.
SEC. 5. DEFINITIONS
For purposes of this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) Proteomics.--The term ``proteomics'' means the
determination of the structure, function, and expression of
the proteins encoded in any genome, including new protein
sequences encoded in a genome for which the structural or
functional correlates are not currently known.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Biological and Environmental
Research Program of the Office of Science of the Department.
Ms. CANTWELL. Mr. President, I rise today to introduce--along with my
colleagues Chairman Domenici, and Senators Bingaman and Murray--the
Genomes to Life Research and Development Act.
This bill capitalizes on the enormous success of the Human Genome
Project, and promises to take this important research to the next
level. While the mapping of the human genome is an unparalleled
accomplishment on its own, this new initiative will allow researchers
to go beyond the science of description, and begin to explore the
complex interactions of the elements within cells.
It is those intracellular dynamics that truly hold the key to finding
solutions to some of our most difficult scientific problems--from
detection of biological and chemical agents and nuclear waste clean-up
to figuring out new and more efficient ways to produce hydrogen, so
crucial in attaining energy independence for this Nation. Where the
Human Genome Project has provided researchers with the range and
description of musical notes, Genomes to Life will enable scientists to
begin to understand the way these notes are arranged to produce music--
the essential process of life.
The Genomes to Life Act sets out an aggressive path for DOE, to make
this area a high priority for the Office of Science. Of course, none of
this would be possible without the successes of the Human Genome
Project, and I want to acknowledge the vision of this legislation's
other sponsor, Chairman Domenici, in making that a reality. As some of
my colleagues may be aware, the senior Senator from New Mexico laid the
foundation for the Human Genome Project with legislation he first
introduced in 1987.
I am thus extremely pleased to be working with him on this bill,
which I believe is the Human Genome Project's logical successor. Our
legislation would authorize the Department of Energy to design and
establish national research centers to investigate proteomics and
genomics. Proteomics refers to the study of proteins, how they are
modified, when and where they are expressed, how they are involved in
metabolic pathways, and how they interact with each other. Genomics
refers to the study of three-dimensional structures of thousands of
proteins--all of the proteins produced by a species.
These are exciting research fields that combine the discipline of
physics, chemistry, biology, engineering, and advanced computational
and mathematical modeling. The Department of Energy's Office of Science
has a long history of success in large scale, cross-discipline
scientific research and is thus well suited to manage this program. In
addition, a significant component of the Human Genome Project has been
the transfer of technology to the private sector, which has in turn
catalyzed the multi-billion dollar U.S. biotechnology industry and
fostered the development of new medical applications.
The Genomes to Life Act that Chairman Domenici, Senators Bingaman,
Murray and I are introducing today provides a coordinated and
comprehensive plan for the next generation of biotechnology research
facilities. The functions and dynamics of all living cells are
determined by the complex interactions of the constituent proteins. We
do not yet understand these interactions, but the Genomes to Life Act
will give us the best tools to investigate these microscopic mysteries.
Put in simple terms, teams of American scientists will try to answer
the fundamental question, ``How do cells work?'' This bill will ensure
that state of the art facilities, leading edge equipment, and the next
generation of commuters are available to map and model these complex
interactions, as we strive to answer this critical question.
The promise of biotechnology research is especially important to my
state of Washington--home to many world-class research facilities.
Washington has over 190 biotechnology companies employing more than
11,000 people. In 2001, the annual revenue of these companies exceeded
$1.2 billion. Nearly one half of these companies were based on
technologies developed at research and development institutions and
over 40 percent of the companies have been established in the past six
years.
This legislation's provisions--ensuring that research with its
origins at the Department of Energy provides the science and technology
basis for new industries in biotechnology, and that DOE continues to
identify appropriate commercial applications--will help this important
economic sector continue to grow in Washington state and across the
country.
The Genomes to Life Research and Development Act that Sens. Domenici,
Bingaman, Murray and I have introduced today will strengthen our
national security and our national economy. Additionally, the
integrative and predicative understanding of biological systems will
improve our ability to respond to the energy and environmental
challenges of the 21st century. The Genomes to Life laboratories will
attract top researchers and push the envelope of present technologies.
The Genomes to Life Act will help the U.S. to maintain our premiere
position in the world in the fields of science and technology.
I look forward to working with my colleagues during this session to
ensure passage of this legislation. I believe that the United States
must continue to invest in scientific research to maintain our standing
in the world and I am confident that this short-term investment will
pay long-term dividends to our health, our security, and to our
economy.
______
By Mr. FEINGOLD:
S. 683. A bill to amend the Family and Medical Leave Act of 1993 to
provide entitlement to leave to eligible employees whose spouse, son,
daughter, or parent is a member of the Armed Forces serving on active
duty in support of a contingency operation or notified of an impending
call or order to active duty in support of a contingency operation; to
the Committee on Health, Education, Labor, and Pensions.
Mr. FEINGOLD. Mr. President, today I am introducing legislation to
bring a small measure of relief to the families of our brave military
personnel who are being deployed for the ongoing fight against
terrorism, the war in Iraq, and other missions around the country and
around the world.
The men and women of our Armed Forces undertake enormous sacrifices
in their service to our country. They spend time away from home and
from their families in different parts of the country and different
parts of the world, and, too often, are placed into
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harm's way in order to protect the American people and our way of life.
We owe them a huge debt of gratitude for their dedicated service.
The ongoing deployments for the fight against terrorism and for the
campaign in Iraq are turning upside down the lives of thousands of
active duty, National Guard, and Reserve personnel and their families
as they seek to do their duty to their country and honor their
commitments to their families, and, in the case of the reserve
components, to their employers as well. As of March 29, more than
212,000 National Guard and Reserve personnel were on active duty, and
thousands more can expect to be activated in the coming days and weeks.
Some of my constituents are facing the latest in a series of multiple
activations and deployments for family members who serve our country in
the military. Others are seeing their loved ones off on their first
deployment. All of these families share in the worry and concern about
what awaits their relatives and hope, as we do, for their swift and
safe return.
Our men and women in uniform face these challenges without complaint.
But we should do more to help them and their families with the many
things that preparing to be deployed.
Often, military personnel and their families are given only a couple
of days' notice that their units will be deployed. These dedicated men
and women then have only a very limited amount of time to get their
lives in order. For members of the National Guard and Reserve, this
includes telling their employers that they will be deployed for, in
many cases, up to a year, and will be away from their jobs. I want to
commend the many employers around the country for their understanding
and support when an employee or a family member of an employee is
called to active duty.
In preparation for a deployment, military families often have to
scramble to arrange for child care, to pay bills, to contact their
landlords or mortgage companies, and take care of other things that we
deal with on a daily basis, from stopping the newspaper to making sure
that their plants are watered and that their pets are cared for while
they are gone.
The legislation that I introduce today would allow eligible employees
whose spouses, parents, sons, or daughters are military personnel who
are serving on or called to active duty in support of a contingency
operation to use their Family and Medical Leave Act, FMLA, benefits for
issues relating to our resulting from their deployment. These instances
could include preparation for deployment or additional responsibilities
that family members take on as a result of a loved one's deployment,
such as child care.
I was proud to cosponsor and vote for the lgislaiton that created the
Family and Medical Leave Act FMLA, in the early days of my service to
the people of Wisconsin as a member of this body. This important law
allows eligible workers to take up to 12 weeks of unpaid leave per year
for the birth or adoption of child, the placement of a foster child, to
care for a newborn or newly adopted child or newly placed foster child,
or to care for their own serious health condition or that of a spouse,
a parent, or a child. Some employers offer a portion of this time as
paid leave in addition to other accured leave, while others require
workers to use accrued leave or sick time for this purpose.
Since its enactment in 1993, the FMLA has helped more than 35 million
American workers to balance responsibilities to their families and
their careers. According to the Congressional Research Service, between
2.2 million and 6.1 million people took advantage of these benefits in
1999-2000.
Our military families sacrifice a great deal. Active duty families
often move every couple of years due to transfer and new assignments.
And as we rely more heavily on National Guard and Reserve personnel for
more and more deployments that are longer in duration, the burden on
their families also increases.
This legislation has the support of a number of military
organizations, including the Wisconsin National Guard, the National
Guard Association of the United States, the Reserve Officers
Association, the Military Officers Association of America, and the
Enlisted Association of the National Guard of the United States.
We owe it to our military personnel and their families to do all we
can to support them in this difficult time. I hope what this bill will
bring a small measure of relief to our military families.
I ask unanimous consent that the text of this bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 683
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Families Leave
Act of 2003''.
SEC. 2. GENERAL REQUIREMENTS FOR LEAVE.
(a) Entitlement to Leave.--Section 102(a) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended
by adding at the end the following:
``(3) Entitlement to leave due to family member's active
duty.--
``(A) In general.--Subject to section 103(f), an eligible
employee shall be entitled to a total of 12 workweeks of
leave during any 12-month period because a spouse, son,
daughter, or parent of the employee is a member of the Armed
Forces--
``(i) on active duty in support of a contingency
operation; or
``(ii) notified of an impending call or order to active
duty in support of a contingency operation.
``(B) Conditions and time for taking leave.--An eligible
employee shall be entitled to take leave under subparagraph
(A)--
``(i) while the employee's spouse, son, daughter, or
parent is on active duty in support of a contingency
operation, and, if the family member is a member of a reserve
component of the Armed Forces, beginning when such family
member receives notification of an impending call or order to
active duty in support of a contingency operation; and
``(ii) only for issues relating to or resulting from such
family member's--
``(I) service on active duty in support of a contingency
operation; and
``(II) if a member of a reserve component of the Armed
Forces--
``(aa) receipt of notification of an impending call or
order to active duty in support of a contingency operation;
and
``(bb) service on active duty in support of such
operation.
``(4) Limitation.--No employee may take more than a total
of 12 workweeks of leave under paragraphs (1) and (3) during
any 12-month period.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by inserting after the second sentence
the following: ``Leave under subsection (a)(3) may be taken
intermittently or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2)(A) of
such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting
``or subsection (a)(3)'' after ``subsection (a)(1)''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C.
2612(e)) is amended by adding at the end the following:
``(3) Notice for leave due to family member's active
duty.--An employee who intends to take leave under subsection
(a)(3) shall provide such notice to the employer as is
practicable.''.
(e) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Leave Due to Family Member's
Active Duty.--An employer may require that a request for
leave under section 102(a)(3) be supported by a certification
issued at such time and in such manner as the Secretary may
by regulation prescribe.''.
SEC. 3. LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Entitlement to Leave.--Section 6382(a) of title 5,
United States Code, is amended by adding at the end the
following:
``(3)(A) Subject to section 6383(f), an eligible employee
shall be entitled to a total of 12 workweeks of leave during
any 12-month period because a spouse, son, daughter, or
parent of the employee is a member of the Armed Forces--
``(i) on active duty in support of a contingency
operation; or
``(ii) notified of an impending call or order to active
duty in support of a contingency operation.
``(B) An eligible employee shall be entitled to take
leave under subparagraph (A)--
``(i) while the employee's spouse, son, daughter, or
parent is on active duty in support of a contingency
operation, and, if the family member is a member of a reserve
component of the Armed Forces, beginning when such family
member receives notification of an impending call or order to
active duty in support of a contingency operation; and
``(ii) only for issues relating to or resulting from such
family member's--
``(I) service on active duty in support of a contingency
operation; and
``(II) if a member of a reserve component of the Armed
Forces--
``(aa) receipt of notification of an impending call or
order to active duty in support of a contingency operation;
and
[[Page S4282]]
``(bb) service on active duty in support of such
operation.
``(4) No employee may take more than a total of 12
workweeks of leave under paragraphs (1) and (3) during any
12-month period.''.
(b) Schedule.--Section 6382(b)(1) of such title is
amended by inserting after the second sentence the following:
``Leave under subsection (a)(3) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 6382(d) of such
title is amended by inserting ``or subsection (a)(3)'' after
``subsection (a)(1)''.
(d) Notice.--Section 6382(e) of such title is amended by
adding at the end the following:
``(3) An employee who intends to take leave under
subsection (a)(3) shall provide such notice to the employing
agency as is practicable.''.
(e) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation
prescribe.''.
______
By Mr. SMITH (for himself, Mr. Wyden, Mr. Allard, Mr. Bayh, Mr.
Bond, Mr. Brownback, Mr. Miller Mr. Nickles, Mr. Santorum, Mr.
Cornyn, and Mr. Specter):
S. 684. A bill to create an office within the Department of Justice
to undertake certain specific steps to ensure that all American
citizens harmed by terrorists overseas receive equal treatment by the
United States Government regardless of the terrorists' country of
origin or residence, and to ensure that all terrorists involved in such
attacks are pursued, prosecuted, and punished with equal vigor,
regardless of the terrorists' country of origin or residence; to the
Committee on the Judiciary.
Mr. SMITH. Mr. President, I rise today to right a wrong. I am doing
so on behalf of myself and Mr. Wyden, Mr. Allard, Mr. Bayh, Mr. Bond,
Mr. Brownback, Mr. Miller, Mr. Nickles, Mr. Santorum, and Mr. Specter.
For far too many years, Americans who have been murdered overseas by
terrorists have not been receiving the full weight of equal justice
under the law, a fundamental principle of our governance. This is
happening while we are in the midst of trying to introduce the
institutions of democracy, including the notion of a fair judicial
system, to a skeptical part of the world. This is happening while we
are in the midst of a War on Terrorism.
This double standard of justice sends out a pernicious, mixed message
to would-be terrorists around the world. It suggests that we are weak
in our resolve to prosecute certain terrorists who have murdered
certain American citizens. It wrongly sends the message that certain
American lives are more valuable and more worthy of justice than
others. Or as the mother of Mathew Eisenfeld, a young Yale University
graduate who was killed in 1996, together with his young fiance, Sara
Ducker, a Barnard College graduate, put it, ``it makes me feel that my
son's blood is less American than others.''
When our embassies were attacked in Kenya and Tanzania on August 7,
1998, then Secretary of State Albright and President Clinton said,
``You can run but you can't hide from the long arm of American justice.
Anywhere an American is murdered around the globe, we will seek out
that suspect and retrieve him to these shores to stand justice.''
However, since the signing of the Oslo Accords on September 13, 1993,
thirty-nine American citizens have lost their lives at the hands of
Palestinian terrorists alone. And how many indictments have there been
in response to these thirty-nine murders? Zero. Notably, one can't find
the term Palestinian on the State Department's web site for the
``Rewards of Justice'' program--the place where suspects are listed and
rewards are described for their capture. That website rather contains
only vague references to ``persons in opposition to the Middle East
Peace Process.''
This is simply wrong. On the humanitarian level, it is wrong. When
our own government fails to mete out justice with equal and due
diligence for a particular victim, or a group of victims, this
compounds the grief experienced by American families who have lost
loved ones to terrorists: families such as that of 14 year old Abigail
Litle, an American girl from New Hampshire, a young Christian who was
among the fifteen people murdered in the recent terrorist attack on a
bus in Haifa, Israel; families like those of Ted Burgon of Oregon and
Rick Spier of Colorado, the two American teachers killed in August of
2002 in Indonesia. Murders for which there have been no indictments and
no suspects named. FBI agents have underscored that until such time as
they have full and unfettered access to witnesses and evidence in
Indonesia, they cannot rule out terrorism, nor can they exonerate
members of the Indonesian military who have been implicated in this
heinous crime.
This is wrong as a matter of foreign policy. Anything less than 100
percent commitment to pursue all terrorists who harm or murder American
citizens undermines our moral clarity and our War on Terrorism. it also
serves to embolden would-be terrorists all over the world, ultimately
putting us all at greater risk.
We have arrived at this unfortunate juncture because the State
Department, whose major objective is diplomacy, has had primary purview
over this issue. The State Department, it would seem, has simply not
brought its full resources to bear when it comes to facilitating the
investigation, capture and prosecution of those who have murdered
Americans overseas. This is particularly true if those Americans have
been murdered in Israel or in areas under control of the Palestinian
Authority, or in countries whose support we are seeking or counting on
in the War on Terrorism.
The major objective of the Justice Department, in contrast, is
justice. The Justice Department recently scored a victory, when on
February 20th, they issued indictments on several members of the
Palestinian Islamic Jihad. That terrorist organization is believed to
be responsible for the deaths of two American citizens, and dozens of
other people in recent years. As we celebrate this substantial step
toward justice, however, we cannot lose sight of the fact that there is
much more work to be done.
We should not, and cannot, in good conscience allow the pursuit of
justice to be suborned to diplomatic considerations and expediencies.
This is why I am introducing the Koby Mandell Act of 2003. Koby was a
13 year old boy from Silver Spring, MD, who one day decided to do the
Huck Finn thing, and skip school. However, the punishment did not fit
the crime. His body was found brutally stoned and dismembered in a cave
outside of Tekoah, Israel. His assailants remain at large in the
Palestinian controlled areas.
This Act will create a watch-dog office within the Department of
Justice to ensure that all terrorists who murder or harm American
citizens overseas are pursued with equal vigor, irrespective of the
nationality or current residence of the terrorist. This Act will work
to ensure that no other American family who has suffered at the hands
of overseas terrorism will have their grief compounded a lack of
justice.
I urge you all to join me and my fellow senator from the State of
Oregon, ron Wyden, by becoming a sponsor of the Koby Mandell Act, to
put the issue of justice for American victims of overseas terrorism
into the hands of the Justice department, where it truly belongs.
I ask unanimous consent that the text of the Koby Mandell Act of 2003
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 684
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Koby Mandell Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Numerous American citizens have been murdered or maimed
by terrorists around the world, including more than 100
murdered since 1968 in terrorist attacks occurring in Israel
or in territories administered by Israel or in territories
administered by the Palestinian Authority.
(2) Some American citizens who have been victims of
terrorism overseas, especially those harmed by terrorists
operating from areas administered by the Palestinian
Authority, have not received from the United States
Government services equal to those received by other such
victims of overseas terrorism.
(3) The United States Government has not devoted adequate
efforts or resources to the
[[Page S4283]]
apprehension of terrorists who have harmed American citizens
overseas, particularly in cases involving terrorists
operating from areas administered by the Palestinian
Authority. Monetary rewards for information leading to the
capture of terrorists overseas, which the Government
advertises in regions where the terrorists are believed to be
hiding, have not been advertised in areas administered by the
Palestinian Authority.
(4) This situation is especially grave in the areas
administered by the Palestinian Authority, because many
terrorists involved in the murders of Americans are walking
free there; some of these terrorists have been given
positions in the Palestinian Authority security forces or
other official Palestinian Authority agencies; and a number
of schools, streets, and other public sites have been named
in honor of terrorists who were involved in the murders of
Americans.
(5) To remedy these and related problems, an office should
be established within the Department of Justice for the
purpose of ensuring equally vigorous efforts to capture all
terrorists who have harmed American citizens overseas and
equal treatment for all American victims of overseas
terrorism.
SEC. 3. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF
OVERSEAS TERRORISM IN THE DEPARTMENT OF
JUSTICE.
(a) In General.--There is established within the Department
of Justice an Office of Justice for Victims of Overseas
Terrorism (in this Act referred to as the ``Office'') to
carry out the following activities:
(1) Rewards for justice.--
(A) In general.--The Office shall assume responsibility for
administration of the Rewards for Justice program and its
website.
(B) Administration.--In administering the Rewards for
Justice program the Office shall ensure that--
(i) rewards are offered to capture all terrorists involved
in harming American citizens overseas, regardless of the
terrorists' country of origin or residence;
(ii) such rewards are prominently advertised in the mass
media and public sites in all countries or regions where such
terrorists reside;
(iii) the names and photographs and suspects in all such
cases are included on the website; and
(iv) the names of the specific organizations claiming
responsibility for terrorist attacks mentioned on the site
are included in the descriptions of those attacks.
(2) Notification program.--The Office shall establish and
administer a program--
(A) comparable to the VINE system for notification of crime
victims; and
(B) that will provide notification for American victims of
overseas terrorism or their immediate family to update them
on the status of efforts to capture the terrorists who harmed
them.
(3) Government representation.--The Office shall send an
official United States Government representative to attend
the funeral of every American victim of terrorism overseas.
(4) Report.--The Office shall assume responsibility for
providing twice-annual reports to Congress as required by
section 805 of the Admiral James W. Nance and Meg Donovan
Foreign Relations Authorization Act, Fiscal Years 2000 and
2001.
(5) Profiting from crimes.--The Office shall work with
other United States Government agencies to expand legal
restrictions on the ability of murders to reap profits from
books or movies concerning their crimes so as to ensure that
terrorists who harm American citizens overseas are unable to
profit from book or movie sales in the United States.
(6) Terrorists as police.--The Office shall--
(A) determine if terrorists who have harmed American
citizens overseas are serving in their local police or
security forces; and
(B) if it is found that terrorists who have harmed American
citizens overseas are serving in their local police or
security forces--
(i) alert those United States Government agencies involved
in providing assistance, directly or indirectly, to those
forces; and
(ii) request of those agencies that all such assistance be
halted until the aforementioned terrorists are removed from
their positions.
(7) Patterns of prosecution.--The Office shall--
(A) undertake a comprehensive assessment of the pattern of
United States indictments and prosecution of terrorists who
have harmed American citizens overseas, in order to determine
the reasons for the absence of indictments of terrorists
residing in some regions, such as the territories controlled
by the Palestinian Authority; and
(B) provide the assessment to the Attorney General and to
Congress, together with its recommendations.
(8) Monitoring.--The Office shall--
(A) monitor public actions by governments and regimes
overseas pertaining to terrorists who have harmed American
citizens, such as the naming of schools, streets, or other
public institutions or sites after such terrorists; and
(B) in such instances, encourage other United States
Government agencies to halt their provision of assistance,
directly or indirectly, to those institutions.
(9) Compensation.--The Office shall initiate negotiations
to secure appropriate financial compensation for American
citizens, or the families of such citizens, who were harmed
by organizations that claim responsibility for acts of
terrorism against Americans overseas and that subsequently
become part of a governing regime with which the United
States Government maintains diplomatic or other official
contacts, such as the Palestinian Authority.
(10) Incarcerated terrorists.--The Office shall--
(A) monitor the incarceration abroad of terrorists who
harmed Americans overseas, to ensure that their conditions of
incarceration are reasonably similar to conditions of
incarceration in the United States; and
(B) in cases where terrorists who have harmed Americans
overseas, and are subsequently released from incarceration
abroad, are eligible for further prosecution in the United
States, coordinate with other Government agencies to seek the
transfer of those terrorists to the United States for further
prosecution.
(11) Persona non grata.--The Office shall strive to ensure
that all terrorists who have harmed Americans overseas are
treated by the United States Government as persona non grata,
including steps such as--
(A) denying those individuals visas for entry to the United
States;
(B) urging United States Government agencies to refrain
from political and diplomatic contacts with those
individuals; and
(C) instructing United States embassies and consulates to
urge American visitors to those countries to refrain from
patronizing businesses that are owned or operated by such
individuals.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
for fiscal year 2003 and each subsequent fiscal year such
sums as may be necessary to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until expended.
______
By Mr. BINGAMAN (for himself and Mr. Akaka):
S. 685. a bill to assist low income taxpayers in preparing and filing
their tax returns and to protect taxpayers from unscrupulous refund
anticipation loan providers, and for other purposes; to the Committee
on Finance.
Mr. BINGAMAN. Mr. President, I rise today with my colleague from
Hawaii, Senator Akaka, to re-introduce the Low Income Taxpayer
Protection Act of 2003. This legislation, if enacted, will give
taxpayers much needed assistance with the arduous annual task of
preparing their Federal tax returns by providing them with real
alternatives to paying for expensive tax preparation services. In doing
so, many of these taxpayers will not need to take out expensive and
oftentimes usurious refund anticipation loans that greatly reduce the
tax refund that these taxpayers are entitled to receive. As we all
know, the result of a complicated tax code is complex and confusing tax
forms. Until Congress is able to provide simple and understandable
forms for taxpayers, we have an obligation to make sure that taxpayers
have the ability to prepare and file their tax returns without paying
for expensive and sometimes abusive services.
Refund anticipation loans, RALs, are high interest loans offered to
taxpayers that are secured by their anticipated tax refund. While some
taxpayers may choose these loans willingly, many are often forced to
take out a RAL to cover the upfront cost of the preparation services.
Sadly, many taxpayers get caught with outstanding loans that they can't
pay off because a mistake was made on their tax return resulting in a
smaller than anticipated refund. Many of these loans, when annualized,
have interest rates over 200 percent. As long as we require our
Nation's taxpayers to determine their own tax liability, we will have a
responsibility to make sure that these same taxpayers have an
alternative to these expensive options. We must come up with better
options for these taxpayers than paying usurious fees and expenses or
not filing a return.
Recently the Brookings Institute and the Economic Policy Institute
released a report that illustrated the abuses occurring with RALs.
According to this report, roughly $1.75 billion of the earned income
credit, EIC, funds are annually going to tax return preparers and RAL
fees and costs. It was not the intent of Congress that this program
would create such a middleman for these funds. Every dollar that goes
to these businesses is a dollar that is not going to the intended
beneficiaries. The EIC has become one of the most effective tools for
fighting poverty and benefiting low and moderate income working
families, and so it is essential that every dollar of this credit goes
to the taxpayer.
[[Page S4284]]
To help low and moderate income taxpayers, my bill requires all those
involved with RALs to register with the IRS. Treasury will then be
required to determine what is a fair amount of interest and fees to be
charged based on the benefit to the taxpayer and the risk to the
lender. It will also expand the Volunteer Income Tax Assistance program
by directly giving them matching funds to operate. VITA clinics are one
of the few places lower income taxpayers can go to get free assistance
with their tax returns.
In New Mexico, the VITA program has had an enormous impact. For
example, in conjunction with Albuquerque Technical Vocational
Institute, TVI, over 8,500 taxpayers were assisted with their returns
last year resulting in over $9 million in refunds being brought back
into the New Mexico economy. This year, this program is on pace to
assist even more taxpayers. By utilizing a computer program system
developed and advocated by Fred Gordon, an accounting instructor at
TVI, even supervised high school students at Del Norte High School in
Albuquerque have been preparing and filing tax returns. I commend the
efforts of those directly involved with this program, as well as, the
scores of volunteers who give their time to help prepare tax returns
for their fellow New Mexicans. Through the efforts of groups such as
the Albuquerque Hispano Chamber of Commerce, Public Service Company of
New Mexico (PNM), TVI and Wells Fargo Bank, the VITA program has made a
big difference in New Mexico, but more needs to be done. Our
legislation will provide programs like these with the ability to get
some matching Federal grants to make it possible to pay for training
materials, computers or other necessary equipment. A little money can
go a long way and I intend to keep working with my colleagues here in
the Senate until this becomes a reality. This is a truly worthwhile
goal and one that will greatly help communities in New Mexico as well
as the rest of the country.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 685
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Taxpayer
Protection Act of 2003''.
SEC. 2. REGULATION OF INCOME TAX RETURN PREPARERS AND REFUND
ANTICIPATION LOAN PROVIDERS.
(a) Definitions.--In this Act:
(1) Income tax return preparer.--
(A) In general.--The term ``income tax return preparer''
means any individual who is an income tax return preparer
(within the meaning of section 7701(a)(36) of the Internal
Revenue Code of 1986) who prepares not less than 5 returns of
tax imposed by subtitle A of such Code or claims for refunds
of tax imposed by such subtitle A per taxable year.
(B) Exception.--Such term shall not include a federally
authorized tax practitioner within the meaning of section of
7526(a)(3) of such Code.
(2) Refund anticipation loan provider.--The term ``refund
anticipation loan provider'' means a person who makes a loan
of money or of any other thing of value to a taxpayer because
of the taxpayer's anticipated receipt of a Federal tax
refund.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Regulations.--
(1) Registration required.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations that--
(i) require the registration of income tax return preparers
and of refund anticipation loan providers with the Secretary
or the designee of the Secretary, and
(ii) prohibit the payment of a refund of tax to a refund
anticipation loan provider or an income tax return preparer
that is the result of a tax return which is prepared by the
refund anticipation loan provider or the income tax return
preparer which does not include the refund anticipation loan
provider's or the income tax return preparer's registration
number.
(B) No disciplinary action.--The regulations shall require
that an applicant for registration must not have demonstrated
any conduct that would warrant disciplinary action under part
10 of title 31, Code of Federal Regulations.
(C) Burden of registration.--In promulgating the
regulations, the Secretary shall minimize the burden and cost
on the registrant.
(2) Rules of conduct.--All registrants shall be subject to
rules of conduct that are consistent with the rules that
govern federally authorized tax practitioners.
(3) Reasonable fees and interest rates.--The Secretary,
after consultation with any expert as the Secretary deems
appropriate, shall include in the regulations guidance on
reasonable fees and interest rates charged to taxpayers in
connection with loans to taxpayers made by refund
anticipation loan providers.
(4) Renewal of registration.--The regulations shall
determine the time frame required for renewal of registration
and the manner in which a registered income tax return
preparer or a registered refund anticipation loan provider
must renew such registration.
(5) Fees.--
(A) In general.--The Secretary may require the payment of
reasonable fees for registration and for renewal of
registration under the regulations.
(B) Purpose of fees.--Any fees required under this
paragraph shall inure to the Secretary for the purpose of
reimbursement of the costs of administering the requirements
of the regulations.
(c) Prohibition.--Section 6695 of the Internal Revenue Code
of 1986 (relating to other assessable penalties with respect
to the preparation of income tax returns for other persons)
is amended by adding at the end the following new subsection:
``(h) Actions on a Taxpayer's Behalf by a Non-Registered
Person.--Any person not registered pursuant to the
regulations promulgated by the Secretary under the Low Income
Taxpayer Protection Act of 2003 who--
``(1) prepares a tax return for another taxpayer for
compensation, or
``(2) provides a loan to a taxpayer that is linked to or in
anticipation of a tax refund for the taxpayer,
shall be subject to a $500 penalty for each incident of
noncompliance.''.
(d) Coordination with Section 6060(a).--The Secretary shall
determine whether the registration required under the
regulations issued pursuant to this section should be in lieu
of the return requirements of section 6060.
(e) Paperwork Reduction.--The Secretary shall minimize the
amount of paperwork required of a income tax return preparer
or a refund anticipation loan provider to meet the
requirements of these regulations.
SEC. 3. IMPROVED SERVICES FOR TAXPAYERS.
(a) Electronic Filing Efforts.--
(1) In General.--The Secretary shall focus electronic
filing efforts on benefiting the taxpayer by--
(A) reducing the time between receipt of an electronically
filed return and remitting a refund, if any,
(B) reducing the cost of filing a return electronically,
(C) improving services provided by the Internal Revenue
Service to low and moderate income taxpayers,
(D) providing tax-related computer software at no or
nominal cost to low and moderate income taxpayers, and
(E) providing electronic filing for all taxpayers without
the use of an intermediary.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to Congress a report on the efforts made pursuant to
paragraph (1).
(b) Volunteer Income Tax Assistance Program.--
(1) Study.--The Secretary shall undertake a study on the
expansion of the volunteer income tax assistance program to
service more low income taxpayers.
(2) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall prepare and submit
to Congress a report on the study conducted pursuant to
paragraph (1).
(c) Tele-Filing.--The Secretary shall ensure that tele-
filing is available for all taxpayers for the filing of tax
returns with respect to taxable years beginning in 2003.
(d) Termination of the Debt Indicator Program.--The
Secretary shall terminate the Debt Indicator program
announced in Internal Revenue Service Notice 99-58.
(e) Direct Deposit Accounts.--The Secretary shall allocate
resources to programs to assist low income taxpayers in
establishing accounts at financial institutions that receive
direct deposits from the United States Treasury.
(f) Pilot Program for Mobile Tax Return Filing Offices.--
(1) In general.--The Secretary shall establish a pilot
program for the creation of four mobile tax return filing
offices with electronic filing capabilities.
(2) Location of service.--
(A) In general.--The mobile tax return filing offices shall
be located in communities that the Secretary determines have
a high incidence of taxpayers claiming the earned income tax
credit.
(B) Indian reservation.--At least one mobile tax return
filing office shall be on or near an Indian reservation (as
defined in section 168(j)(6) of the Internal Revenue Code of
1986).
SEC. 4. ASSISTANCE PROGRAM TO IMPROVE ACCESS TO FEDERALLY
INSURED FINANCIAL INSTITUTIONS FOR TAXPAYERS.
(a) Findings and Purpose.--
(1) Findings.--Congress finds the following:
(A) Approximately 40,000,000 Americans are unbanked and not
utilizing mainstream, insured financial institutions.
(B) In 1999, nearly half of the $30,000,000,000 in earned
income tax credits (EITC) claimed
[[Page S4285]]
nationwide was refunded through refund anticipation loans,
and an estimated $1,750,000,000 intended to assist low-income
families through the EITC was received by commercial tax
preparers and affiliated national banks to pay for tax
assistance, electronic filing of returns, and high-cost
refund loans.
(C) Refund anticipation loans carry interest rates in a
range between 97.4 percent to more than 2000 percent.
(D) An estimated 45 percent of earned income tax credit
recipients pay for check cashing services, which reduces EITC
benefits by $130,000,000.
(E) Individuals with bank accounts can receive their tax
refunds faster than waiting for a paper check and without the
need to utilize refund anticipation loans or check cashiers.
(F) Individuals with federally insured depository accounts
have an increased opportunity to access financial services at
mainstream financial institutions, which typically have
reduced costs for consumers.
(2) Purpose.--It is the purpose of this section to
establish a grant program to provide unbanked low-and
moderate-income taxpayers with tax preparation services and
increase their access to financial services by the
establishment of an account at a federally insured depository
institution or credit union and the provision of financial
education.
(b) Establishment of Program.--The Secretary is authorized
to award demonstration project grants (including multi-year
grants) to eligible entities to provide tax preparation
services and assistance along with establishing an account in
a federally insured depositary institution for individuals
that currently do not have such an account.
(c) Eligible Entities.--
(1) In general.--An entity is eligible to receive a grant
under this section if such an entity is--
(A) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code,
(B) a federally insured depository institution,
(C) an agency of a State or local government,
(D) a community development financial institution,
(E) an Indian tribal organization,
(F) an Alaska Native Corporation,
(G) a Native Hawaiian organization,
(H) a labor organization, or
(I) a partnership comprised of 1 or more of the entities
described in the preceding subparagraphs.
(2) Definitions.--For purposes of this section--
(A) Federally insured depository institution.--The term
``federally insured depository institution'' means any
insured depository institution (as defined in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)) and any
insured credit union (as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752)).
(B) Community development financial institution.--The term
``community development financial institution'' means any
organization that has been certified as such pursuant to
section 1805.201 of title 12, Code of Federal Regulations.
(C) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as the term ``Native
Corporation'' under section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(D) Native Hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization that--
(i) serves and represents the interests of Native
Hawaiians, and
(ii) has as a primary and stated purpose the provision of
services to Native Hawaiians.
(E) Labor organization.--The term ``labor organization''
means an organization in which employees participate and
which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions of work.
(d) Application.--An eligible entity desiring a grant under
this section shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require.
(e) Limitation on Administrative Costs.--A recipient of a
grant under this section may not use more than 6 percent of
the total amount of such grant in any fiscal year for the
administrative costs of carrying out the programs funded by
such grant in such fiscal year.
(f) Evaluation and Report.--For each fiscal year in which a
grant is awarded under this section, the Secretary shall
submit a report to Congress containing a description of the
activities funded, amounts distributed, and measurable
results, as appropriate and available.
(g) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary, for the grant program
described in this section, $10,000,000, or such additional
amounts as deemed necessary, to remain available until
expended.
(h) Regulations.--The Secretary is authorized to promulgate
regulations to implement and administer the grant program
under this section.
SEC. 5. MATCHING GRANTS TO LOW-INCOME TAXPAYER CLINICS FOR
RETURN PREPARATION.
(a) In General.--Chapter 77 of the Internal Revenue Code of
1986 (relating to miscellaneous provisions) is amended by
inserting after section 7526 the following new section:
``SEC. 7526A. RETURN PREPARATION CLINICS FOR LOW-INCOME
TAXPAYERS.
``(a) In General.--The Secretary may, subject to the
availability of appropriated funds, make grants to provide
matching funds for the development, expansion, or
continuation of qualified return preparation clinics.
``(b) Definitions.--For purposes of this section--
``(1) Qualified return preparation clinic.--
``(A) In general.--The term `qualified return preparation
clinic' means a clinic which--
``(i) does not charge more than a nominal fee for its
services (except for reimbursement of actual costs incurred),
and
``(ii) operates programs which assist low-income taxpayers
in preparing and filing their Federal income tax returns,
including schedules reporting sole proprietorship or farm
income.
``(B) Assistance to low-income taxpayers.--A clinic is
treated as assisting low-income taxpayers under subparagraph
(A)(ii) if at least 90 percent of the taxpayers assisted by
the clinic have incomes which do not exceed 250 percent of
the poverty level, as determined in accordance with criteria
established by the Director of the Office of Management and
Budget.
``(2) Clinic.--The term `clinic' includes--
``(A) a clinical program at an eligible educational
institution (as defined in section 529(e)(5)) which satisfies
the requirements of paragraph (1) through student assistance
of taxpayers in return preparation and filing, and
``(B) an organization described in section 501(c) and
exempt from tax under section 501(a) which satisfies the
requirements of paragraph (1).
``(c) Special Rules and Limitations.--
``(1) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $10,000,000 per year (exclusive of costs of
administering the program) to grants under this section.
``(2) Other applicable rules.--Rules similar to the rules
under paragraphs (2) through (5) of section 7526(c) shall
apply with respect to the awarding of grants to qualified
return preparation clinics.''.
(b) Clerical Amendment.--The table of sections for chapter
77 of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to section 7526 the
following new item:
``Sec. 7526A. Return preparation clinics for low-income taxpayers.''.
(c) Effective Date.--The amendments made by this section
shall apply to grants made after the date of the enactment of
this Act.
Mr. AKAKA. Thank you, Mr. President. I rise today to speak on the Low
Income Taxpayer Protection Act of 2003, which Senator Bingaman and I
are introducing today. I thank Senator Bingaman for his leadership on
this important issue.
The legislation that my colleague from New Mexico and I are
introducing would provide the Department of the Treasury with the
authority to regulate income tax refund anticipation loans, RALs, and
prohibit excessive fees. The bill would also provide additional
opportunities for low-income taxpayers to receive assistance with tax
preparation and filing their taxes and thus, we are seeking to meet
taxpayers' needs for assistance while attempting to discourage a
predatory practice.
According to the U.S. Census Bureau, in 2001, the Earned Income Tax
Credit, EITC, was responsible for elevating nearly four million people
above the poverty line. This credit has helped and continues to help
low-income individuals and families to meet their food, clothing,
housing, transportation, and education needs.
However, while this tax relief is benefitting families who need it
most, the EITC's impact is being unnecessarily limited. Earned Income
Tax Credit benefits intended for working families are increasingly
being diminished by often exorbitant tax preparation fees and the
growing use of high-interest refund anticipation loans, which typically
carry triple-digit interest rates.
In 1999, according to a report published by the Brookings
Institution, an estimated $1.75 billion intended to assist low-income
families went to commercial tax preparers and affiliated national banks
for tax assistance, electronic filing of returns, and high-cost refund
loans. Although tax preparation services are useful, when combined with
refund anticipation loans and other fees, these services are
overpriced. The report further stated that 39 percent of taxpayers who
earned the EITC received their refund through a refund anticipation
loan, while only
[[Page S4286]]
four percent of those who did not receive the EITC purchased a refund
anticipation loan. Clearly, RALs were heavily marketed to a specific
population of taxpayer. Forty-seven percent of all EITC dollars were
distributed to recipients through these loans. In my state of Hawaii,
in the Honolulu metropolitan statistical area, 27.7 percent of all EITC
dollars were associated with refund anticipation loans. These loans
take money away from the day-to-day, kitchen-table needs of the low-
income families.
Furthermore, refund anticipation loans carry interest rates that
range from 97.4 percent to more than 2,000 percent. The interest rates
and fees charged on these products are not justified for the short
length of time that these loans cover. The typical rapid refund loan
length is two weeks. These loans carry even less risk because of the
Debt Indicator program. The Debt Indicator program allows the Internal
Revenue Service to inform the lender if the applicant for a refund loan
has any outstanding Federal debts. The risk is further reduced because
loan issuers share information about outstanding delinquencies that
refund anticipation loan applicants owe and are able to collect debts
for each other.
This bill would terminate the Debt Indicator program. In 1995, the
use of the Debt Indicator was suspended because of massive fraud in e-
filed returns with RALs. After the program was discontinued, RAL
participation declined. The use of the Debt Indicator was reinstated in
1999. Remarks from H & R Block Chief Executive Officer Frank L.
Salizzoni upon the reinstatement of the program state that the Debt
Indicator ``is good news for many of our clients who opt to receive the
amount of their refund through Refund Anticipation Loans. The IRS
program will likely result in substantially lower fees for this
service.'' However, according to a study conducted by the Consumer
Federation of America and the National Consumer Law Center, that has
not been the case for at least one of the major tax preparers. H & R
Block and Household Bank's fees dropped for a year after the Debt
Indicator was reinstated. The fees rose significantly from 2000 to
2001, which increased H & R Block's revenue from RALs by 49 percent.
Per RAL revenue rose by 43.9 percent while RAL sales volume increased
by only 2.7 percent. The expected outcome that RAL prices would go down
as a result of the reinstatement of the indicator has not occurred. The
use of the Debt Indicator should again be stopped.
Another important provision in the bill is authorization language for
a grant program to link tax preparation services with the establishment
of a bank account. There are still approximately four million EITC
recipients that are classified as unbanked, and lack a formal
relationship with a financial institution. It has been estimated that
45 percent of EITC recipients pay for check cashing services. These
check cashing services reduce EITC benefits by $130 million. Having a
bank account allows individuals not only to receive their tax refund
check faster than waiting for a paper check, but also does not impose
the excessive fees that check cashing services and refund anticipation
loan providers assess. An account at a bank or credit union provides
consumers alternatives to rapid refund loans, check cashing services,
and lower cost remittances. In addition, bank and credit union accounts
provide access to saving and borrowing services found at mainstream
financial institutions. This grant program builds upon the First
Accounts initiative which has funded pilot projects that have coupled
tax preparation services with the establishment of bank accounts. An
example of such a project is the partnership that has been established
among The Center for Law & Human Services, Accounting Aid Society,
ShoreBank, National Consumer Law Center, and Consumer Federation of
America that is taking place in Chicago and Detroit. More of these
programs are necessary to provide much needed tax preparation
assistance and to encourage the use of mainstream financial services.
I encourage all of my colleagues to support this legislation.
______
By Mr. DeWINE (for himself, Mrs. Murray, Ms. Landrieu, Mr.
Breaux, Mr. Bingaman, and Mr. Inouye):
S. 686. A bill to provide assistance for poison prevention and to
stabilize the funding of regional poison control centers; to the
Committee on Health, Education, Labor, and Pensions.
Mr. DeWINE. Mr. President, I am pleased to join with my colleagues--
Senators Murray, Landrieu, Breaux, Bingaman, and Inouye--to introduce
the Poison Control Center Awareness and Enhancement Act of 2003. Our
bill is designed to help make certain that the vital work of our
nation's poison control centers continues.
Many of us--as parents and grandparents--have experienced the
terrifying situation when a child accidentally swallows something
potentially toxic. Fortunately, local poison control centers--many of
them located at children's hospitals--work around the clock to answer
questions from parents and to field phone calls from others about
possible poisonings. Today, we also have in place a national, toll-free
poison control telephone number--and that number is 1-800-222-1222--
that automatically connects callers to specially trained nurses,
pharmacists, and doctors at the closest local poison center.
This phone number went into effect as a result of legislation I
helped get signed into law a few years ago. And now, as parents of
eight children and now grandparents of eight, my wife, Fran, and I can
tell you that we rest a bit easier knowing that in the case of a
possible poisoning, all we need to do is call a toll free, 1-800
telephone number to get in contact with the nearest poison control
center. Any parents, anywhere--whether they are in their own hometown
or in another state on vacation--can call the 1-800 number, 24 hours a
day, 7 days a week in the event of a poisoning.
There are over 70 poison control centers nationwide--three in my home
State of Ohio. These centers have fielded over one million phone calls
just since January 2002, answering questions about poisonous, drug
abuse, product contents, substance identification interactions, and
adverse reactions. They can answer questions and concerns about what
would typically be called poisonous products--things like cleaners and
bleach. This is the most common poison exposure for children, who
typically ingest household products, such as cosmetics and personal
care products, cleaning substances, pain relievers, foreign bodies, and
plants.
But poison control centers can also answer questions about products
that people may not think are poisonous, like prescribed medicines or
over-the-counter medications. Maybe someone mixed medications or
misread a label and took too much of the medicine by accident. Poison
control centers can answer caller questions and direct the caller to
seek medical attention if necessary.
I remember very clearly a time when Fran and I needed to call the
local poison control center. As we were wrapping up our annual Ice
Cream Social at our home in Cedarville, our then two year-old
granddaughter, Isabelle, fell into a bucket of cleaning solution. We
feared that she may have swallowed some of the solution and immediately
called the poison control center. We were very lucky. The trained
health care professional at the local poison center explained that all
we needed to do was rinse Isabelle off and have her drink some water.
The quick response of the poison control center provided rapid, easy
answers to our questions--a process that has become even easier since
the toll-free hotline began operating.
A young child, like Isabelle, is representative of most poisoning
cases; however, adults often face situations necessitating information
and help from poison control centers. Take the example of what occurred
in Marysville, OH. Thirty workers in a manufacturing plant in
Marysville were victims of gas exposure. Twenty of these workers went
to Union Memorial Hospital. The hospital contacted the poison center,
after which these patients were given oxygen and later discharged that
same day. Ten others went to a different hospital that did not call a
poison center. These patients were not released until the next day,
even though their symptoms did not differ from the other 20 workers.
The national hotline will help cut-down on situations like that in
Marysville.
[[Page S4287]]
Our Nation's poison control centers handle an average of one poison
exposure every 15 seconds. These centers are critical to our
communities--especially now during this time of war and uncertainty.
Parents are already anxious about the safety of their children, and
with the potential anthrax scares or chemical or biologic scares,
poison control centers can provide information to parents and help
relieve some of their concerns.
The bill we are introducing today would provide the continued funding
needed to ensure that the national toll-free number continues to
operate, taking phone calls and helping families across the country. We
must continue to increase the accessibility and effectiveness of our
nation's poison control centers, as well as cement their existence for
future generations. With this bill, we are not just making an
investment in poison control; rather, we are making it easier to keep
our children, friends, and ourselves safer and healthier.
I encourage my colleagues to remember the hotline number--it could
save a life: 1-800-222-1222.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 686
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Control Center
Enhancement and Awareness Act Amendments of 2003''.
SEC. 2. FINDINGS.
Section 2 of the Poison Control Enhancement and Awareness
Act (42 U.S.C. 14801) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) Poison control centers are our Nation's primary
defense against injury and deaths from poisoning. Twenty-four
hours a day, the general public as well as health care
practitioners contact their local poison centers for help in
diagnosing and treating victims of poisoning and other toxic
exposures.
``(2) Poisoning is the third most common form of
unintentional death in the United States. In any given year,
there will be between 2,000,000 and 4,000,000 poison
exposures. More than 50 percent of these exposures will
involve children under the age of 6 who are exposed to toxic
substances in their home. Poisoning accounts for 285,000
hospitalizations, 1,200,000 days of acute hospital care, and
13,000 fatalities annually.
``(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers, and reduce the
inappropriate use of emergency medical services and other
more costly health care services.
``(4) The tragic events of September 11, 2001, and the
anthrax cases of October 2001, have dramatically changed our
Nation. During this time period, poison centers in many areas
of the country were answering thousands of additional calls
from concerned residents. Many poison centers were relied
upon as a source for accurate medical information about the
disease and the complications resulting from prophylactic
antibiotic therapy.
``(5) The 2001 Presidential Task Force on Citizen
Preparedness in the War on Terrorism recommended that the
Poison Control Centers be used as a source of public
information and public education regarding potential
biological, chemical, and nuclear domestic terrorism.
``(6) The increased demand placed upon poison centers to
provide emergency information in the event of a terrorist
event involving a biological, chemical, or nuclear toxin will
dramatically increase call volume.''.
SEC. 3. MAINTENANCE OF A NATIONAL TOLL FREE NUMBER.
Section 4 of the Poison Control Enhancement and Awareness
Act (42 U.S.C. 14803) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 4. MAINTENANCE OF A NATIONAL TOLL-FREE NUMBER.'';
and
(2) in subsection (c), by inserting ``and $2,000,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 4. NATIONWIDE MEDIA CAMPAIGN.
Section 5 of the Poison Control Enhancement and Awareness
Act (42 U.S.C. 14804) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 5. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL
CENTER UTILIZATION.'';
and
(2) in subsection (c), by inserting ``and $1,500,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 5. POISON CONTROL CENTER GRANT PROGRAM.
Section 6 of the Poison Control Enhancement and Awareness
Act (42 U.S.C. 14805) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 6. MAINTENANCE OF THE POISON CONTROL CENTER GRANT
PROGRAM.'';
(2) by striking subsection (b) and inserting the following:
``(b) Other Improvements.--The Secretary shall also use
amounts received under this section to--
``(1) develop standardized poison prevention and poison
control promotion programs;
``(2) develop standard patient management guidelines for
commonly encountered toxic exposures;
``(3) improve and expand the poison control data collection
systems;
``(4) improve national toxic exposure surveillance;
``(5) expand the toxicologic expertise within poison
control centers; and
``(6) improve the capacity of poison control centers to
answer high volumes of calls during times of national crisis;
(3) by striking subsection (d)(2) and inserting the
following:
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no instance may the sum of the number
of years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall
take effect as if enacted on February 25, 2000.''; and
(4) in subsection (h), by inserting ``and $30,000,000 for
each of fiscal years 2005 through 2009'' after ``2004''.
SEC. 7. NATIONWIDE TOXICOSURVEILLANCE OF POISON CENTER DATA
TO PROMOTE HAZARD DETECTION.
The Poison Control Enhancement and Awareness Act (42 U.S.C.
14801 et seq) is amended by adding at the end the following:
``SEC. 7. NATIONWIDE TOXICOSURVEILLANCE OF POISON CENTER DATA
TO PROMOTE HAZARD DETECTION.
``(a) In General.--The Secretary shall assist in the
implementation and maintenance of continuous national
toxicosurveillance of poison control center data to detect
new hazards from household products, pharmaceuticals,
traditionally abused drugs, and other toxic substances.
``(b) Contract for Services.--The Secretary may enter into
a contract with appropriate professional organizations for
the collection and analysis of poison center data described
in subsection (a) in real time.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $2,500,000 for
each of fiscal years 2005 through 2009.''.
By Mrs. BOXER:
S. 687. A bill to amend title 10, United States Code, to prohibit the
concurrent deployment to combat zones of both military spouses of
military families with minor children, and for other purposes; to the
Committee on Armed Services.
Mrs. BOXER. Mr. President, today I am introducing legislation to
require that the Secretary of Defense issue regulations that would
prevent a mother and father of minor children from being deployed to a
combat zone at the same time.
Under my legislation, the Secretary of Defense would have 15 days to
implement this policy by issuing regulations that would include the
definition of what comprises a combat zone.
As we wage war against Iraq, it is important that we work to ensure
that a child will never have to endure the pain of losing both parents
during wartime. Military families sacrifice so much to serve our
Nation. We should do everything we can to ensure their children are not
orphaned.
I hope my colleagues will support this legislation.
______
By Mr. GRAHAM of Florida:
S. 688. A bill to provide that no electric utility shall be required
to enter into a new contract or obligation to purchase or to sell
electricity or capacity under section 210 of the Public Utility
Regulatory Policies Act of 1978; to the Committee on Energy and Natural
Resources.
Mr. GRAHAM. Mr. President, I rise today to introduce this bill that
will end the practice of forcing electric utilities to purchase
unneeded electricity at above market rates--a practice that ultimately
costs consumers more.
This outdated practice began after the 1973-74 oil embargo. In the
embargo's aftermath, we understood a far reaching assessment of our
energy policies and enacted numerous laws to address the issues facing
this country at that time. The Public Utility Regulatory Policies Act
of 1978, PURPA, was one of several energy bills that resulted from
those efforts.
In 1978, the electric utility industry in this country was based on
monopolies and almost totally reliant on antiquated technologies. It
was also highly territorial, having only limited ability
[[Page S4288]]
to move electricity from one part of the country to another.
PURPA was intended to address these issues. It was designed to
alleviate real and potential shortages in electricity and encourage the
use of alternative fuels to generate electricity. To do this, it
established a new class of electricity generators. The goal was for
these new generators to rapidly implement new generating technologies
that the utilities had been slow to adopt and to expand the amount of
electricity generated with alternative fuels.
To ensure that investors would build these new facilities, PURPA
essentially guaranteed them a profit. It required the conventional
electric utilities to purchase all of the electricity the new
generators wanted to sell. Prices were essentially fixed--requiring
traditional utilities to pay for the electricity based on the costs
they ``avoided'' by not having to build additional capacity themselves.
And PURPA worked. It led to the development of plants converting
waste to energy and to construction of smaller, more efficient
generating facilities.
But much has changed since 1978.
Today there are competitive wholesale markets throughout the country,
giving generation project developers many opportunities to see their
output. The Energy Policy Act of 1992 and a variety of Federal Energy
Regulatory Commission directives now ensure that generators have access
to transmission lines, so that power can reach those markets. And we
now have additional capacity coming from a variety of non-utilities
using small-scale facilities and newer, more efficient technologies
which allow them to be price competitive.
There have also been changes in the PURPA generators. One of PURPA's
goals was to spur the use of alternative or renewable fuels, but 80
percent of the electricity currently generated by PURPA facilities is
produced by burning natural gas, oil and coal. And the ``equitable''
prices imposed on electric utilities purchasing PURPA power are
substantially higher than market rates, increasing the cost to
consumers by roughly $8 billion annually. Exactly the opposite of what
was intended.
The bill I offer today would rescind any requirement for electricity
utilities to enter into new agreements to purchase electricity from
PURPA facilities. It would not prevent utilities from buying PURPA
power that is offered at competitive rates. And it would not affect
existing PURPA agreements. Those agreements would remain in effect
until they expire, allowing those PURPA facilities to continue selling
their electricity to the utilities at the prices specified in the
agreements. This approach would ensure that the investment in PURPA
facilities can be recouped in accordance with the parties'
expectations, but will protect consumers from new PURPA contracts--
contracts which force them to pay above market prices for electricity.
This bill would also ensure that the electric utilities that are
required to purchase PURPA electricity, possibly for decades to come
under existing contracts, have the flexibility to recover those costs.
I urge my colleagues to support this legislation, which is fiscally
sound, and is an example of good government because it eliminates
outdated and counterproductive legislation.
______
By Mr. VOINOVICH (for himself and Mr. Feingold):
S. 689. A bill to balance the budget and protect the Social Security
Trust Fund surpluses; to the Committee on Governmental Affairs and the
Committee on the Budget, jointly, pursuant to the order of August 4,
1977, with instructions that if one Committee reports, the other
Committee have thirty days to report or be discharged.
Mr. VOINOVICH. Mr. President, I ask unanimous consent that the text
of this bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 689
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truth in
Budgeting and Social Security Protection Act of 2003''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL REFORMS
Sec. 101. Extension of the discretionary spending caps.
Sec. 102. Extension of pay-as-you-go requirement.
Sec. 103. Point of order to require compliance with the caps and pay-
as-you-go.
Sec. 104. Disclosure of interest costs.
Sec. 105. Executive branch report on fiscal exposures.
Sec. 106. Senate sets 302(b) allocations.
Sec. 107. Long-Term Cost Recognition Point of Order.
TITLE II--REFORM OF BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
Sec. 201. Federal insurance programs.
TITLE III--BIENNIAL BUDGETING AND APPROPRIATIONS
Sec. 301. Revision of timetable.
Sec. 302. Amendments to the Congressional Budget and Impoundment
Control Act of 1974.
Sec. 303. Amendments to title 31, United States Code.
Sec. 304. Two-year appropriations; title and style of appropriations
Acts.
Sec. 305. Multiyear authorizations.
Sec. 306. Government plans on a biennial basis.
Sec. 307. Biennial appropriations bills.
Sec. 308. Report on two-year fiscal period.
Sec. 309. Effective date.
TITLE IV--COMMISSION ON FEDERAL BUDGET CONCEPTS
Sec. 401. Establishment of Commission on Federal Budget Concepts.
Sec. 402. Powers and duties of Commission.
Sec. 403. Membership.
Sec. 404. Staff and support services.
Sec. 405. Report.
Sec. 406. Termination.
Sec. 407. Funding.
TITLE I--GENERAL REFORMS
SEC. 101. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
paragraphs (7) through (16) and inserting the following:
``(7) with respect to fiscal years 2004 through 2009 an
amount equal to the appropriated amount of discretionary
spending in budget authority and outlays for fiscal year 2003
adjusted to reflect inflation;''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is
amended by striking subsection (b).
(c) Additional Enforcement.--Section 205(g) of H. Con. Res.
290 (106th Congress) is repealed.
SEC. 102. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
Section 252(a) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking ``enacted before
October 1, 2002,'' both places it appears.
SEC. 103. POINT OF ORDER TO REQUIRE COMPLIANCE WITH THE CAPS
AND PAY-AS-YOU-GO.
Section 312(b) of the Congressional Budget Act of 1974 (2
U.S.C. 643(b)) is amended to read as follows:
``(b) Discretionary Spending and Pay-as-You-Go Point of
Order in the Senate.--
``(1) In general.--Except as otherwise provided in this
subsection, it shall not be in order in the Senate to
consider any bill or resolution or any separate provision of
a bill or resolution (or amendment, motion, or conference
report on that bill or resolution) that would--
``(A) exceed any of the discretionary spending limits in
section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985; or
``(B) for direct spending or revenue legislation, would
cause or increase an on-budget deficit for any one of the
following three applicable time periods--
``(i) the first year covered by the most recently adopted
concurrent resolution on the budget;
``(ii) the period of the first 5 fiscal years covered by
the most recently adopted concurrent resolution on the
budget; or
``(iii) the period of the 5 fiscal years following the
first five fiscal years covered in the most recently adopted
concurrent resolution on the budget.
``(2) Point of order against a specific provision.--If the
Presiding Officer sustains a point of order under paragraph
(1) with respect to any separate provision of a bill or
resolution, that provision shall be stricken from the measure
and may not be offered as an amendment from the floor.
``(3) Form of the point of order.--A point of order under
this section may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
``(4) Conference reports.--If a point of order is sustained
under this section against a conference report the report
shall be disposed of as provided in section 313(d) of the
Congressional Budget Act of 1974.
``(5) Enforcement by the presiding officer.--In the Senate,
if a point of order lies against a bill or resolution (or
amendment, motion, or conference report on that bill or
resolution) under this section, and no Senator has raised the
point of order, and the Senate has not waived the point of
order, then before the Senate may vote on the bill or
resolution (or amendment, motion, or
[[Page S4289]]
conference report on that bill or resolution), the Presiding
Officer shall on his or her own motion raise a point of order
under this section.
``(6) Exceptions.--This subsection shall not apply if a
declaration of war by the Congress is in effect or if a joint
resolution pursuant to section 258 of the Balanced Budget and
Emergency Deficit Control Act of 1985 has been enacted.''.
SEC. 104. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act of 1974
(2 U.S.C. 639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) containing a projection by the Congressional Budget
Office of the cost of the debt servicing that would be caused
by such measure for such fiscal year (or fiscal years) and
each of the 4 ensuing fiscal years.''.
SEC. 105. EXECUTIVE BRANCH REPORT ON FISCAL EXPOSURES.
(a) In General.--The President shall submit to the
Committees on Appropriations, Budget, Finance, and
Governmental Affairs of the Senate, and the Committees on
Appropriations, Budget, Government Reform, and Ways and Means
of the House of Representatives, not later than 2 weeks
before the first Monday in February of each year, a report
(in this section referred to as the ``report'') on the fiscal
exposures of the United States Federal Government and their
implications for long-term financial health. The report shall
also be included as part of the Consolidated Financial
Statement of the United States Government.
(b) Contents.--
(1) In general.--The report shall include fiscal exposures
for the following categories of fiscal exposures:
(A) Debt.--Debt, including--
(i) total gross debt;
(ii) publicly held debt; and
(iii) debt held by Government accounts.
(B) Other financial liabilities.--Other financial
liabilities, including--
(i) civilian and military pensions;
(ii) post-retirement health benefits;
(iii) environmental liabilities;
(iv) accounts payable;
(v) loan guarantees; and
(vi) Social Security benefits due and payable.
(C) Financial commitments.--Financial commitments,
including--
(i) undelivered orders; and
(ii) long-term operating leases.
(D) Financial contingencies and other exposure.--Financial
contingencies and other exposures, including--
(i) unadjudicated claims;
(ii) Federal insurance programs (including both the
financial contingency for and risk assumed by such programs);
(iii) net future benefits under Social Security, Medicare
Part A, Medicare Part B, and other social insurance programs;
(iv) life cycle costs, including deferred and future
maintenance and operating costs associated with operating
leases and the maintenance of capital assets;
(v) unfunded portions of incrementally funded capital
projects;
(vi) disaster relief; and
(vii) others as deemed appropriate.
(2) Estimates.--Where available, estimates for each
exposure should be included. Where reasonable estimates are
not available, a range of estimates may be appropriate.
(3) Other exposures.--Exposures that are analogous to those
specified in paragraph (1) shall also be included in the
exposure categories identified in such paragraph.
(c) Format.--The report shall include a 1-page list of all
exposures. Additional disclosures shall include descriptions
of exposures, the estimation methodologies and significant
assumptions used, and an analysis of the implications of the
exposures for the long-term financial outlook. Additional
analysis deemed informative may be provided on subsequent
pages.
(d) Review With Congress.--Following the submission of the
report on fiscal exposures to the Senate and the House of
Representatives, the Comptroller General shall review and
report to the committee reviewing the report on the report,
discussing--
(1) the extent to which all required disclosures under this
section have been made;
(2) the quality of the cost estimates;
(3) the scope of the information;
(4) the long-range financial outlook; and
(5) any other matters deemed appropriate.
(e) Definitions.--In this section:
(1) Liabilities.--The terms ``liabilities'',
``commitments'', and ``contingencies'' shall be defined in
accordance with generally accepted accounting principles and
standards of the United States Federal Government.
(2) Risk assumed.--The term ``risk assumed'' means the full
portion of the risk premium based on the expected cost of
losses inherent in the Government's commitment that is not
charged to the insured. For example, the present value of
unpaid expected losses net of associated premiums, based on
the risk assumed as a result of insurance coverage.
(3) Net future benefit payments.--The term ``net future
benefit payments'' means the net present value of negative
cashflow. Negative cashflow is to be calculated as the
current amount of funds needed to cover projected shortfalls,
excluding trust fund balances, over a 75-year period. This
estimate should include births during the period and
individuals below age 15 as of January 1 of the valuation
year.
SEC. 106. SENATE SETS 302(B) ALLOCATIONS.
The Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.)
is amended--
(1) in section 301(e)(2)(F) (2 U.S.C. 632(e)(2)(F)), by
striking ``section 302(a)'' and inserting ``subsections (a)
and (b) of section 302''; and
(2) in section 302 (2 U.S.C. 633), by striking subsection
(b) and inserting the following:
``(b) Suballocations for Appropriations Committee.--The
joint explanatory statement accompanying a conference report
on a concurrent resolution on the budget shall include
suballocations of amounts allocated to the Committees on
Appropriations of each amount allocated to those committees
under subsection (a) among each of the subcommittees of those
committees.''.
SEC. 107. LONG-TERM COST RECOGNITION POINT OF ORDER.
(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following:
``long-term cost recognition point of order
``Sec. 318. (a) Congressional Budget Office Analysis.--
``(1) In general.--CBO shall, in conjunction with the
analysis required by section 402, prepare and submit to the
Committees on the Budget of the House of Representatives and
Senate a report on each bill, joint resolution, amendment,
motion, or conference report reported by any committee of the
House of Representatives or the Senate that contains any cost
drivers that CBO concludes are likely to have the effect of
increasing the cost path of that measure such that the
estimated discounted cash flows of the measure in the 10
years following the 10th year after the measure takes effect
would be 150 percent or greater of the level of the estimated
discounted cash flows of the measure at the end of the 10
years following the enactment of the measure.
``(2) Projections.--Where possible, CBO should use existing
long-term projections of cost drivers prepared by the
appropriate Federal agency.
``(3) Limit.--Nothing in this section requires CBO to
develop cost estimates for a measure beyond the 10th year
after the measure takes effect.
``(b) Cost Drivers.--Cost drivers CBO shall consider under
subsection (a) include--
``(1) demographic changes;
``(2) new technologies; and
``(3) environmental factors.
``(c) Point of Order.--It shall not be in order in the
House of Representatives or the Senate to consider any bill,
joint resolution, amendment, motion, or conference report
that CBO determines will increase the level of the estimated
discounted cash flows of that measure as reported in
subsection (a) by 150 percent or more.''.
TITLE II--REFORM OF BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
SEC. 201. FEDERAL INSURANCE PROGRAMS.
(a) In General.--The Congressional Budget Act of 1974 is
amended by adding after title V the following new title:
``TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
``SEC. 601. SHORT TITLE.
``This title may be cited as the `Federal Insurance
Budgeting Act of 2003'.
``SEC. 602. BUDGETARY TREATMENT.
``(a) President's Budget.--Beginning with fiscal year 2008,
the budget of the Government submitted pursuant to section
1105(a) of title 31, United States Code, shall be based on
the risk-assumed cost of Federal insurance programs.
``(b) Budget Accounting.--For any Federal insurance
program--
``(1) the program account shall--
``(A) pay the risk-assumed cost borne by taxpayers to the
financing account; and
``(B) pay actual insurance program administrative costs;
and
``(2) the financing account shall--
``(A) receive premiums and other income;
``(B) pay all claims for insurance and receive all
recoveries; and
``(C) transfer to the program account on not less than an
annual basis amounts necessary to pay insurance program
administrative costs; and
``(3) a negative risk-assumed cost shall be transferred
from the financing account to the program account, and shall
be transferred from the program account to the general fund;
``(4) all payments by or receipts of the financing accounts
shall be treated in the budget as a means of financing.
``(c) Appropriations Required.--(1) Notwithstanding any
other provision of law, insurance commitments may be made for
fiscal year 2006 and thereafter only to the extent that new
budget authority to cover their risk-assumed cost is provided
in advance in an appropriation Act.
``(2) An outstanding insurance commitment shall not be
modified in a manner that increases its risk-assumed cost
unless budget authority for the additional cost has been
provided in advance.
``(3) Paragraph (1) shall not apply to Federal insurance
programs that constitute entitlements.
``(d) Reestimates.--
``(1) In general.--The risk-assumed cost for a fiscal year
shall be reestimated in each subsequent year. Such reestimate
can equal
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zero. In the case of a positive reestimate, the amount of the
reestimate shall be paid from the program account to the
financing account. In the case of a negative reestimate, the
amount of the reestimate shall be paid from the financing
account to the program account, and shall be transferred from
the program account to the general fund. Reestimates shall be
displayed as a distinct and separately identified subaccount
in the program account.
``(2) Appropriations.--There are appropriated such sums as
are necessary to fund a positive reestimate under paragraph
(1).
``(e) Administrative Expenses.--All funding for an agency's
administration of a Federal insurance program shall be
displayed as a distinct and separately identified subaccount
in the program account.
``SEC. 603. TIMETABLE FOR IMPLEMENTATION OF ACCRUAL BUDGETING
FOR FEDERAL INSURANCE PROGRAMS.
``(a) Agency Requirements.--Agencies with responsibility
for Federal insurance programs shall develop models to
estimate their risk-assumed cost by year through the budget
horizon and shall submit those models, all relevant data, a
justification for critical assumptions, and the annual
projected risk-assumed costs to OMB with their budget
requests each year starting with the request for fiscal year
2005. Agencies will likewise provide OMB with annual
estimates of modifications, if any, and reestimates of
program costs.
``(b) Disclosure.--When the President submits a budget of
the Government pursuant to section 1105(a) of title 31,
United States Code, for fiscal year 2005, OMB shall publish a
notice in the Federal Register advising interested persons of
the availability of information describing the models, data
(including sources), and critical assumptions (including
explicit or implicit discount rate assumptions) that it or
other executive branch entities would use to estimate the
risk-assumed cost of Federal insurance programs and giving
such persons an opportunity to submit comments. At the same
time, the chairman of the Committee on the Budget shall
publish a notice for CBO in the Federal Register advising
interested persons of the availability of information
describing the models, data (including sources), and
critical assumptions (including explicit or implicit
discount rate assumptions) that it would use to estimate
the risk-assumed cost of Federal insurance programs and
giving such interested persons an opportunity to submit
comments.
``(c) Revision.--After consideration of comments pursuant
to subsection (b), and in consultation with the Committees on
the Budget of the House of Representatives and the Senate,
OMB and CBO shall revise the models, data, and major
assumptions they would use to estimate the risk-assumed cost
of Federal insurance programs.
``(d) Display.--
``(1) In general.--For fiscal years 2005, 2006, and 2007
the budget submissions of the President pursuant to section
1105(a) of title 31, United States Code, and CBO's reports on
the economic and budget outlook pursuant to section 202(e)(1)
and the President's budgets, shall for display purposes only,
estimate the risk-assumed cost of existing or proposed
Federal insurance programs.
``(2) OMB.--The display in the budget submissions of the
President for fiscal years 2005, 2006, and 2007 shall
include--
``(A) a presentation for each Federal insurance program in
budget-account level detail of estimates of risk-assumed
cost;
``(B) a summary table of the risk-assumed costs of Federal
insurance programs; and
``(C) an alternate summary table of budget functions and
aggregates using risk-assumed rather than cash-based cost
estimates for Federal insurance programs.
``(3) CBO.--In the second session of the 108th Congress and
the 109th Congress, CBO shall include in its estimates under
section 308, for display purposes only, the risk-assumed cost
of existing Federal insurance programs, or legislation that
CBO, in consultation with the Committees on the Budget of the
House of Representatives and the Senate, determines would
create a new Federal insurance program.
``(e) OMB, CBO, and GAO Evaluations.--(1) Not later than 6
months after the budget submission of the President pursuant
to section 1105(a) of title 31, United States Code, for
fiscal year 2007, OMB, CBO, and GAO shall each submit to the
Committees on the Budget of the House of Representatives and
the Senate a report that evaluates the advisability and
appropriate implementation of this title.
``(2) Each report made pursuant to paragraph (1) shall
address the following:
``(A) The adequacy of risk-assumed estimation models used
and alternative modeling methods.
``(B) The availability and reliability of data or
information necessary to carry out this title.
``(C) The appropriateness of the explicit or implicit
discount rate used in the various risk-assumed estimation
models.
``(D) The advisability of specifying a statutory discount
rate (such as the Treasury rate) for use in risk-assumed
estimation models.
``(E) The ability of OMB, CBO, or GAO, as applicable, to
secure any data or information directly from any Federal
agency necessary to enable it to carry out this title.
``(F) The relationship between risk-assumed accrual
budgeting for Federal insurance programs and the specific
requirements of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(G) Whether Federal budgeting is improved by the
inclusion of risk-assumed cost estimates for Federal
insurance programs.
``(H) The advisability of including each of the programs
currently estimated on a risk-assumed cost basis in the
Federal budget on that basis.
``SEC. 604. DEFINITIONS.
``For purposes of this title:
``(1) The term `Federal insurance program' means a program
that makes insurance commitments and includes the list of
such programs as to be defined by the budget concepts
commission, as required by title IV of the Truth in Budgeting
and Social Security Protection Act of 2003.
``(2) The term `insurance commitment' means an agreement in
advance by a Federal agency to indemnify a non-Federal entity
against specified losses. This term does not include loan
guarantees as defined in title V or benefit programs such as
social security, medicare, and similar existing social
insurance programs.
``(3)(A) The term `risk-assumed cost' means the net present
value of the estimated cash flows to and from the Government
resulting from an insurance commitment or modification
thereof.
``(B) The cash flows associated with an insurance
commitment include--
``(i) expected claims payments inherent in the Government's
commitment;
``(ii) net premiums (expected premium collections received
from or on behalf of the insured less expected administrative
expenses);
``(iii) expected recoveries; and
``(iv) expected changes in claims, premiums, or recoveries
resulting from the exercise by the insured of any option
included in the insurance commitment.
``(C) The cost of a modification is the difference between
the current estimate of the net present value of the
remaining cash flows under the terms of the insurance
commitment, and the current estimate of the net present value
of the remaining cash flows under the terms of the insurance
commitment as modified.
``(D) The cost of a reestimate is the difference between
the net present value of the amount currently required by the
financing account to pay estimated claims and other
expenditures and the amount currently available in the
financing account. The cost of a reestimate shall be
accounted for in the current year in the budget of the
Government submitted pursuant to section 1105(a) of title
31, United States Code.
``(E) For purposes of this definition, expected
administrative expenses shall be construed as the amount
estimated to be necessary for the proper administration of
the insurance program. This amount may differ from amounts
actually appropriated or otherwise made available for the
administration of the program.
``(4) The term `program account' means the budget account
for the risk-assumed cost, and for paying all costs of
administering the insurance program, and is the account from
which the risk-assumed cost is disbursed to the financing
account.
``(5) The term `financing account' means the nonbudget
account that is associated with each program account which
receives payments from or makes payments to the program
account, receives premiums and other payments from the
public, pays insurance claims, and holds balances.
``(6) The term `modification' means any Government action
that alters the risk-assumed cost of an existing insurance
commitment from the current estimate of cash flows. This
includes any action resulting from new legislation, or from
the exercise of administrative discretion under existing law,
that directly or indirectly alters the estimated cost of
existing insurance commitments.
``(7) The term `model' means any actuarial, financial,
econometric, probabilistic, or other methodology used to
estimate the expected frequency and magnitude of loss-
producing events, expected premiums or collections from or on
behalf of the insured, expected recoveries, and
administrative expenses.
``(8) The term `current' has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
``(9) The term `OMB' means the Director of the Office of
Management and Budget.
``(10) The term `CBO' means the Director of the
Congressional Budget Office.
``(11) The term `GAO' means the Comptroller General of the
United States.
``SEC. 605. AUTHORIZATIONS TO ENTER INTO CONTRACTS; ACTUARIAL
COST ACCOUNT.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated $600,000 for each of fiscal years 2004
through 2009 to the Director of the Office of Management and
Budget and each agency responsible for administering a
Federal program to carry out this title.
``(b) Treasury Transactions With the Financing Accounts.--
The Secretary of the Treasury shall borrow from, receive
from, lend to, or pay the insurance financing accounts such
amounts as may be appropriate. The Secretary of the Treasury
may prescribe forms and denominations, maturities, and terms
and conditions for the transactions described above. The
authorities described above shall not be construed to
supersede or
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override the authority of the head of a Federal agency to
administer and operate an insurance program. All the
transactions provided in this subsection shall be subject to
the provisions of subchapter II of chapter 15 of title 31,
United States Code. Cash balances of the financing accounts
in excess of current requirements shall be maintained in a
form of uninvested funds, and the Secretary of the Treasury
shall pay interest on these funds.
``(c) Appropriation of Amount Necessary to Cover Risk-
Assumed Cost of Insurance Commitments at Transition Date.--
(1) A financing account is established on September 30, 2007,
for each Federal insurance program.
``(2) There is appropriated to each financing account the
amount of the risk-assumed cost of Federal insurance
commitments outstanding for that program as of the close of
September 30, 2007.
``(3) These financing accounts shall be used in
implementing the budget accounting required by this title.
``SEC. 606. EFFECTIVE DATE.
``(a) In General.--This title shall take effect immediately
and shall expire on September 30, 2009.
``(b) Special Rule.--If this title is not reauthorized by
September 30, 2009, then the accounting structure and
budgetary treatment of Federal insurance programs shall
revert to the accounting structure and budgetary treatment in
effect immediately before the date of enactment of this
title.''.
(b) Conforming Amendment.--The table of contents set forth
in section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 507 the following new items:
``TITLE VI--BUDGETARY TREATMENT OF FEDERAL INSURANCE PROGRAMS
``Sec. 601. Short title.
``Sec. 602. Budgetary treatment.
``Sec. 603. Timetable for implementation of accrual budgeting for
Federal insurance programs.
``Sec. 604. Definitions.
``Sec. 605. Authorizations to enter into contracts; actuarial cost
account.
``Sec. 606. Effective date.''.
TITLE III--BIENNIAL BUDGETING AND APPROPRIATIONS
SEC. 301. REVISION OF TIMETABLE.
Section 300 of the Congressional Budget Act of 1974 (2
U.S.C. 631) is amended to read as follows:
``timetable
``Sec. 300. (a) In General.--Except as provided by
subsection (b), the timetable with respect to the
congressional budget process for any Congress (beginning with
the One Hundred Eighth Congress) is as follows:
``First Session
``On or before: Action to be
completed:
.............................. First Monday in President submits
February. budget
recommendations.
.............................. February 15....... Congressional
Budget Office
submits report to
Budget
Committees.
.............................. Not later than 6 Committees submit
weeks after views and
budget submission. estimates to
Budget
Committees.
.............................. April 1........... Budget Committees
report concurrent
resolution on the
biennial budget.
.............................. May 15............ Congress completes
action on
concurrent
resolution on the
biennial budget.
.............................. May 15............ Biennial
appropriation
bills may be
considered in the
House.
.............................. June 10........... House
Appropriations
Committee reports
last biennial
appropriation
bill.
.............................. June 30........... House completes
action on
biennial
appropriation
bills.
.............................. August 1.......... Congress completes
action on
reconciliation
legislation.
.............................. October 1......... Biennium begins.
``Second Session
``On or before: Action to be
completed:
.............................. February 15....... President submits
budget review.
.............................. Not later than 6 Congressional
weeks after Budget Office
President submits submits report to
budget review. Budget
Committees.
.............................. The last day of Congress completes
the session. action on bills
and resolutions
authorizing new
budget authority
for the
succeeding
biennium.
``(b) Special Rule.--In the case of any first session of
Congress that begins in any year immediately following a leap
year and during which the term of a President (except a
President who succeeds himself) begins, the following dates
shall supersede those set forth in subsection (a):
``First Session
``On or before: Action to be
completed:
.............................. First Monday in President submits
April. budget
recommendations.
.............................. April 20......... Committees submit
views and
estimates to
Budget
Committees.
.............................. May 15............ Budget Committees
report concurrent
resolution on the
biennial budget.
.............................. June 1............ Congress completes
action on
concurrent
resolution on the
biennial budget.
.............................. July 1............ Biennial
appropriation
bills may be
considered in the
House.
.............................. July 20........... House completes
action on
biennial
appropriation
bills.
.............................. August 1.......... Congress completes
action on
reconciliation
legislation.
.............................. October 1......... Biennium
begins.''.
SEC. 302. AMENDMENTS TO THE CONGRESSIONAL BUDGET AND
IMPOUNDMENT CONTROL ACT OF 1974.
(a) Declaration of Purpose.--Section 2(2) of the
Congressional Budget and Impoundment Control Act of 1974 (2
U.S.C. 621(2)) is amended by striking ``each year'' and
inserting ``biennially''.
(b) Definitions.--
(1) Budget resolution.--Section 3(4) of such Act (2 U.S.C.
622(4)) is amended by striking ``fiscal year'' each place it
appears and inserting ``biennium''.
(2) Biennium.--Section 3 of such Act (2 U.S.C. 622) is
further amended by adding at the end the following new
paragraph:
``(11) The term `biennium' means the period of 2
consecutive fiscal years beginning on October 1 of any odd-
numbered year.''.
(c) Biennial Concurrent Resolution on the Budget.--
(1) Contents of resolution.--Section 301(a) of such Act (2
U.S.C. 632(a)) is amended--
(A) in the matter preceding paragraph (1) by--
(i) striking ``April 15 of each year'' and inserting ``May
15 of each odd-numbered year'';
(ii) striking ``the fiscal year beginning on October 1 of
such year'' the first place it appears and inserting ``the
biennium beginning on October 1 of such year''; and
(iii) striking ``the fiscal year beginning on October 1 of
such year'' the second place it appears and inserting ``each
fiscal year in such period'';
(B) in paragraph (6), by striking ``for the fiscal year''
and inserting ``for each fiscal year in the biennium''; and
(C) in paragraph (7), by striking ``for the first fiscal
year'' and inserting ``for each fiscal year in the
biennium''.
(2) Additional matters.--Section 301(b)(3) of such Act (2
U.S.C. 632(b)) is amended by striking ``for such fiscal
year'' and inserting ``for either fiscal year in such
biennium''.
(3) Views of other committees.--Section 301(d) of such Act
(2 U.S.C. 632(d)) is amended by inserting ``(or, if
applicable, as provided by section 300(b))'' after ``United
States Code''.
(4) Hearings.--Section 301(e)(1) of such Act (2 U.S.C.
632(e)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) inserting after the second sentence the following: ``On
or before April 1 of each odd-numbered year (or, if
applicable, as provided by section 300(b)), the Committee on
the Budget of each House shall report to its House the
concurrent resolution on the budget referred to in subsection
(a) for the biennium beginning on October 1 of that year.''.
[[Page S4292]]
(5) Goals for reducing unemployment.--Section 301(f) of
such Act (2 U.S.C. 632(f)) is amended by striking ``fiscal
year'' each place it appears and inserting ``biennium''.
(6) Economic assumptions.--Section 301(g)(1) of such Act (2
U.S.C. 632(g)(1)) is amended by striking ``for a fiscal
year'' and inserting ``for a biennium''.
(7) Section heading.--The section heading of section 301 of
such Act is amended by striking ``ANNUAL'' and inserting
``BIENNIAL''.
(8) Table of contents.--The item relating to section 301 in
the table of contents set forth in section 1(b) of such Act
is amended by striking ``Annual'' and inserting ``Biennial''.
(d) Committee Allocations.--Section 302 of such Act (2
U.S.C. 633) is amended--
(1) in subsection (a)(1) by--
(A) striking ``for the first fiscal year of the
resolution,'' and inserting ``for each fiscal year in the
biennium,'';
(B) striking ``for that period of fiscal years'' and
inserting ``for all fiscal years covered by the resolution'';
and
(C) striking ``for the fiscal year of that resolution'' and
inserting ``for each fiscal year in the biennium'';
(2) in subsection (f)(1), by striking ``for a fiscal year''
and inserting ``for a biennium'';
(3) in subsection (f)(1), by striking ``first fiscal year''
and inserting ``each fiscal year of the biennium'';
(4) in subsection (f)(2)(A), by--
(A) striking ``first fiscal year'' and inserting ``each
fiscal year of the biennium''; and
(B) striking ``the total of fiscal years'' and inserting
``the total of all fiscal years covered by the resolution'';
and
(5) in subsection (g)(1)(A), by striking ``April'' and
inserting ``May''.
(e) Section 303 Point of Order.--
(1) In general.--Section 303(a) of such Act (2 U.S.C.
634(a)) is amended by striking ``first fiscal year'' and
inserting ``each fiscal year of the biennium''.
(2) Exceptions in the house.--Section 303(b)(1) of such Act
(2 U.S.C. 634(b)) is amended--
(A) in subparagraph (A), by striking ``the budget year''
and inserting ``the biennium''; and
(B) in subparagraph (B), by striking ``the fiscal year''
and inserting ``the biennium''.
(3) Application to the senate.--Section 303(c)(1) of such
Act (2 U.S.C. 634(c)) is amended by--
(A) striking ``fiscal year'' and inserting ``biennium'';
and
(B) striking ``that year'' and inserting ``each fiscal year
of that biennium''.
(f) Permissible Revisions of Concurrent Resolutions on the
Budget.--Section 304(a) of such Act (2 U.S.C. 635) is
amended--
(1) by striking ``fiscal year'' the first two places it
appears and inserting ``biennium'';
(2) by striking ``for such fiscal year''; and
(3) by inserting before the period ``for such biennium''.
(g) Procedures for Consideration of Budget Resolutions.--
Section 305(a)(3) of such Act (2 U.S.C. 636(b)(3)) is amended
by striking ``fiscal year'' and inserting ``biennium''.
(h) Completion of House Action on Appropriation Bills.--
Section 307 of such Act (2 U.S.C. 638) is amended--
(1) by striking ``each year'' and inserting ``each odd-
numbered year'';
(2) by striking ``annual'' and inserting ``biennial'';
(3) by striking ``fiscal year'' and inserting ``biennium'';
and
(4) by striking ``that year'' and inserting ``each odd-
numbered year''.
(i) Completion of Action on Regular Appropriation Bills.--
Section 309 of such Act (2 U.S.C. 640) is amended--
(1) by inserting ``of any odd-numbered calendar year''
after ``July'';
(2) by striking ``annual'' and inserting ``biennial''; and
(3) by striking ``fiscal year'' and inserting ``biennium''.
(j) Reconciliation Process.--Section 310(a) of such Act (2
U.S.C. 641(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``any fiscal year'' and inserting ``any biennium''; and
(2) in paragraph (1) by striking ``such fiscal year'' each
place it appears and inserting ``any fiscal year covered by
such resolution''.
(k) Section 311 Point of Order.--
(1) In the house.--Section 311(a)(1) of such Act (2 U.S.C.
642(a)) is amended--
(A) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(B) by striking ``the first fiscal year'' each place it
appears and inserting ``either fiscal year of the biennium'';
and
(C) by striking ``that first fiscal year'' and inserting
``each fiscal year in the biennium''.
(2) In the senate.--Section 311(a)(2) of such Act is
amended--
(A) in subparagraph (A), by striking ``for the first fiscal
year'' and inserting ``for either fiscal year of the
biennium''; and
(B) in subparagraph (B)--
(i) by striking ``that first fiscal year'' the first place
it appears and inserting ``each fiscal year in the
biennium''; and
(ii) by striking ``that first fiscal year and the ensuing
fiscal years'' and inserting ``all fiscal years''.
(3) Social security levels.--Section 311(a)(3) of such Act
is amended by--
(A) striking ``for the first fiscal year'' and inserting
``each fiscal year in the biennium''; and
(B) striking ``that fiscal year and the ensuing fiscal
years'' and inserting ``all fiscal years''.
(l) MDA Point of Order.--Section 312(c) of the
Congressional Budget Act of 1974 (2 U.S.C. 643) is amended--
(1) by striking ``for a fiscal year'' and inserting ``for a
biennium'';
(2) in paragraph (1), by striking ``first fiscal year'' and
inserting ``either fiscal year in the biennium'';
(3) in paragraph (2), by striking ``that fiscal year'' and
inserting ``either fiscal year in the biennium''; and
(4) in the matter following paragraph (2), by striking
``that fiscal year'' and inserting ``the applicable fiscal
year''.
SEC. 303. AMENDMENTS TO TITLE 31, UNITED STATES CODE.
(a) Definition.--Section 1101 of title 31, United States
Code, is amended by adding at the end thereof the following
new paragraph:
``(3) `biennium' has the meaning given to such term in
paragraph (11) of section 3 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622(11)).''.
(b) Budget Contents and Submission to the Congress.--
(1) Schedule.--The matter preceding paragraph (1) in
section 1105(a) of title 31, United States Code, is amended
to read as follows:
``(a) On or before the first Monday in February of each
odd-numbered year (or, if applicable, as provided by section
300(b) of the Congressional Budget Act of 1974), beginning
with the One Hundred Seventh Congress, the President shall
transmit to the Congress, the budget for the biennium
beginning on October 1 of such calendar year. The budget
transmitted under this subsection shall include a budget
message and summary and supporting information. The President
shall include in each budget the following:''.
(2) Expenditures.--Section 1105(a)(5) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(3) Receipts.--Section 1105(a)(6) of title 31, United
States Code, is amended by striking ``the fiscal year for
which the budget is submitted and the 4 fiscal years after
that year'' and inserting ``each fiscal year in the biennium
for which the budget is submitted and in the succeeding 4
years''.
(4) Balance statements.--Section 1105(a)(9)(C) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(5) Functions and activities.--Section 1105(a)(12) of title
31, United States Code, is amended in subparagraph (A), by
striking ``the fiscal year'' and inserting ``each fiscal year
in the biennium''.
(6) Allowances.--Section 1105(a)(13) of title 31, United
States Code, is amended by striking ``the fiscal year'' and
inserting ``each fiscal year in the biennium''.
(7) Allowances for uncontrolled expenditures.--Section
1105(a)(14) of title 31, United States Code, is amended by
striking ``that year'' and inserting ``each fiscal year in
the biennium for which the budget is submitted''.
(8) Tax expenditures.--Section 1105(a)(16) of title 31,
United States Code, is amended by striking ``the fiscal
year'' and inserting ``each fiscal year in the biennium''.
(9) Future years.--Section 1105(a)(17) of title 31, United
States Code, is amended--
(A) by striking ``the fiscal year following the fiscal
year'' and inserting ``each fiscal year in the biennium
following the biennium'';
(B) by striking ``that following fiscal year'' and
inserting ``each such fiscal year''; and
(C) by striking ``fiscal year before the fiscal year'' and
inserting ``biennium before the biennium''.
(10) Prior year outlays.--Section 1105(a)(18) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years,'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' and inserting ``in those
fiscal years''.
(11) Prior year receipts.--Section 1105(a)(19) of title 31,
United States Code, is amended--
(A) by striking ``the prior fiscal year'' and inserting
``each of the 2 most recently completed fiscal years'';
(B) by striking ``for that year'' and inserting ``with
respect to those fiscal years''; and
(C) by striking ``in that year'' each place it appears and
inserting ``in those fiscal years''.
(c) Estimated Expenditures of Legislative and Judicial
Branches.--Section 1105(b) of title 31, United States Code,
is amended by striking ``each year'' and inserting ``each
even-numbered year''.
(d) Recommendations To Meet Estimated Deficiencies.--
Section 1105(c) of title 31, United States Code, is amended--
(1) by striking ``the fiscal year for'' the first place it
appears and inserting ``each fiscal year in the biennium
for'';
(2) by striking ``the fiscal year for'' the second place it
appears and inserting ``each fiscal year of the biennium, as
the case may be,''; and
(3) by striking ``that year'' and inserting ``for each year
of the biennium''.
(e) Capital Investment Analysis.--Section 1105(e)(1) of
title 31, United States Code, is amended by striking
``ensuing fiscal year'' and inserting ``biennium to which
such budget relates''.
[[Page S4293]]
(f) Supplemental Budget Estimates and Changes.--
(1) In general.--Section 1106(a) of title 31, United States
Code, is amended--
(A) in the matter preceding paragraph (1), by--
(i) striking ``Before July 16 of each year,'' and inserting
``Before February 15 of each even numbered year,''; and
(ii) striking ``fiscal year'' and inserting ``biennium'';
(B) in paragraph (1), by striking ``that fiscal year'' and
inserting ``each fiscal year in such biennium'';
(C) in paragraph (2), by striking ``4 fiscal years
following the fiscal year'' and inserting ``4 fiscal years
following the biennium''; and
(D) in paragraph (3), by striking ``fiscal year'' and
inserting ``biennium''.
(2) Changes.--Section 1106(b) of title 31, United States
Code, is amended by--
(A) striking ``the fiscal year'' and inserting ``each
fiscal year in the biennium'';
(B) striking ``April 11 and July 16 of each year'' and
inserting ``February 15 of each even-numbered year''; and
(C) striking ``July 16'' and inserting ``February 15 of
each even-numbered year.''.
(g) Current Programs and Activities Estimates.--
(1) In general.--Section 1109(a) of title 31, United States
Code, is amended--
(A) by striking ``On or before the first Monday after
January 3 of each year (on or before February 5 in 1986)''
and inserting ``At the same time the budget required by
section 1105 is submitted for a biennium''; and
(B) by striking ``the following fiscal year'' and inserting
``each fiscal year of such period''.
(2) Joint economic committee.--Section 1109(b) of title 31,
United States Code, is amended by striking ``March 1 of each
year'' and inserting ``within 6 weeks of the President's
budget submission for each odd-numbered year (or, if
applicable, as provided by section 300(b) of the
Congressional Budget Act of 1974)''.
(h) Year-Ahead Requests for Authorizing Legislation.--
Section 1110 of title 31, United States Code, is amended by--
(1) striking ``May 16'' and inserting ``March 31''; and
(2) striking ``year before the year in which the fiscal
year begins'' and inserting ``calendar year preceding the
calendar year in which the biennium begins''.
SEC. 304. TWO-YEAR APPROPRIATIONS; TITLE AND STYLE OF
APPROPRIATIONS ACTS.
Section 105 of title 1, United States Code, is amended to
read as follows:
``Sec. 105. Title and style of appropriations Acts
``(a) The style and title of all Acts making appropriations
for the support of the Government shall be as follows: `An
Act making appropriations (here insert the object) for each
fiscal year in the biennium of fiscal years (here insert the
fiscal years of the biennium).'.
``(b) All Acts making regular appropriations for the
support of the Government shall be enacted for a biennium and
shall specify the amount of appropriations provided for each
fiscal year in such period.
``(c) For purposes of this section, the term `biennium' has
the same meaning as in section 3(11) of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C.
622(11)).''.
SEC. 305. MULTIYEAR AUTHORIZATIONS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by adding at the end the following new
section:
``authorizations of appropriations
``Sec. 319. (a) Point of Order.--It shall not be in order
in the House of Representatives or the Senate to consider--
``(1) any bill, joint resolution, amendment, motion, or
conference report that authorizes appropriations for a period
of less than 2 fiscal years, unless the program, project, or
activity for which the appropriations are authorized will
require no further appropriations and will be completed or
terminated after the appropriations have been expended; and
``(2) in any odd-numbered year, any authorization or
revenue bill or joint resolution until Congress completes
action on the biennial budget resolution, all regular
biennial appropriations bills, and all reconciliation bills.
``(b) Applicability.--In the Senate, subsection (a) shall
not apply to--
``(1) any measure that is privileged for consideration
pursuant to a rule or statute;
``(2) any matter considered in Executive Session; or
``(3) an appropriations measure or reconciliation bill.''.
(b) Amendment to Table of Contents.--The table of contents
set forth in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 313 the following new item:
``Sec. 319. Authorizations of appropriations.''.
SEC. 306. GOVERNMENT PLANS ON A BIENNIAL BASIS.
(a) Strategic Plans.--Section 306 of title 5, United States
Code, is amended--
(1) in subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2003'';
(2) in subsection (b)--
(A) by striking ``at least every three years'' and
inserting ``at least every 4 years''; and
(B) by striking ``five years forward'' and inserting ``six
years forward''; and
(3) in subsection (c), by inserting a comma after
``section'' the second place it appears and adding
``including a strategic plan submitted by September 30, 2003
meeting the requirements of subsection (a)''.
(b) Budget Contents and Submission to Congress.--Paragraph
(28) of section 1105(a) of title 31, United States Code, is
amended by striking ``beginning with fiscal year 1999, a''
and inserting ``beginning with fiscal year 2004, a
biennial''.
(c) Performance Plans.--Section 1115 of title 31, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter before paragraph (1)--
(i) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)''; and
(ii) by striking ``an annual'' and inserting ``a
biennial'';
(B) in paragraph (1) by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(C) in paragraph (5) by striking ``and'' after the
semicolon,
(D) in paragraph (6) by striking the period and inserting a
semicolon; and inserting ``and'' after the inserted
semicolon; and
(E) by adding after paragraph (6) the following:
``(7) cover a 2-year period beginning with the first fiscal
year of the next biennial budget cycle.'';
(2) in subsection (d) by striking ``annual'' and inserting
``biennial''; and
(3) in paragraph (6) of subsection (f) by striking
``annual'' and inserting ``biennial''.
(d) Managerial Accountability and Flexibility.--Section
9703 of title 31, United States Code, relating to managerial
accountability, is amended--
(1) in subsection (a)--
(A) in the first sentence by striking ``annual''; and
(B) by striking ``section 1105(a)(29)'' and inserting
``section 1105(a)(28)'';
(2) in subsection (e)--
(A) in the first sentence by striking ``one or'' before
``years'';
(B) in the second sentence by striking ``a subsequent
year'' and inserting ``for a subsequent 2-year period''; and
(C) in the third sentence by striking ``three'' and
inserting ``four''.
(e) Pilot Projects for Performance Budgeting.--Section 1119
of title 31, United States Code, is amended--
(1) in paragraph (1) of subsection (d), by striking
``annual'' and inserting ``biennial''; and
(2) in subsection (e), by striking ``annual'' and inserting
``biennial''.
(f) Strategic Plans.--Section 2802 of title 39, United
States Code, is amended--
(1) is subsection (a), by striking ``September 30, 1997''
and inserting ``September 30, 2003'';
(2) in subsection (b), by striking ``at least every three
years'' and inserting ``at least every 4 years'';
(3) by striking ``five years forward'' and inserting ``six
years forward''; and
(4) in subsection (c), by inserting a comma after
``section'' the second place it appears and inserting
``including a strategic plan submitted by September 30, 2003
meeting the requirements of subsection (a)''.
(g) Performance Plans.--Section 2803(a) of title 39, United
States Code, is amended--
(1) in the matter before paragraph (1), by striking ``an
annual'' and inserting ``a biennial'';
(2) in paragraph (1), by inserting after ``program
activity'' the following: ``for both years 1 and 2 of the
biennial plan'';
(3) in paragraph (5), by striking ``and'' after the
semicolon;
(4) in paragraph (6), by striking the period and inserting
``; and''; and
(5) by adding after paragraph (6) the following:
``(7) cover a 2-year period beginning with the first fiscal
year of the next biennial budget cycle.''.
(h) Committee Views of Plans and Reports.--Section 301(d)
of the Congressional Budget Act (2 U.S.C. 632(d)) is amended
by adding at the end ``Each committee of the Senate or the
House of Representatives shall review the strategic plans,
performance plans, and performance reports, required under
section 306 of title 5, United States Code, and sections 1115
and 1116 of title 31, United States Code, of all agencies
under the jurisdiction of the committee. Each committee may
provide its views on such plans or reports to the Committee
on the Budget of the applicable House.''.
(i) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on March 1, 2003.
(2) Agency actions.--Effective on and after the date of
enactment of this Act, each agency shall take such actions as
necessary to prepare and submit any plan or report in
accordance with the amendments made by this Act.
SEC. 307. BIENNIAL APPROPRIATIONS BILLS.
(a) In General.--Title III of the Congressional Budget Act
of 1974 (2 U.S.C. 631 et seq.) is amended by adding at the
end the following:
``consideration of biennial appropriations bills
``Sec. 320. It shall not be in order in the House of
Representatives or the Senate in any odd-numbered year to
consider any regular bill providing new budget authority or a
[[Page S4294]]
limitation on obligations under the jurisdiction of any of
the subcommittees of the Committees on Appropriations for
only the first fiscal year of a biennium, unless the program,
project, or activity for which the new budget authority or
obligation limitation is provided will require no additional
authority beyond 1 year and will be completed or terminated
after the amount provided has been expended.''.
(b) Amendment to Table of Contents.--The table of contents
set forth in section 1(b) of the Congressional Budget and
Impoundment Control Act of 1974 is amended by adding after
the item relating to section 313 the following new item:
``Sec. 320. Consideration of biennial appropriations bills.''.
SEC. 308. REPORT ON TWO-YEAR FISCAL PERIOD.
Not later than 180 days after the date of enactment of this
subpart, the Director of OMB shall--
(1) determine the impact and feasibility of changing the
definition of a fiscal year and the budget process based on
that definition to a 2-year fiscal period with a biennial
budget process based on the 2-year period; and
(2) report the findings of the study to the Committees on
the Budget of the House of Representatives and the Senate.
SEC. 309. EFFECTIVE DATE.
(a) In General.--Except as provided in sections 306 and 308
and subsection (b), this title and the amendments made by
this title shall take effect on January 1, 2003, and shall
apply to budget resolutions and appropriations for the
biennium beginning with fiscal year 2004.
(b) Authorizations for the Biennium.--For purposes of
authorizations for the biennium beginning with fiscal year
2004, the provisions of this title and the amendments made by
this title relating to 2-year authorizations shall take
effect January 1, 2003.
TITLE IV--COMMISSION ON FEDERAL BUDGET CONCEPTS
SEC. 401. ESTABLISHMENT OF COMMISSION ON FEDERAL BUDGET
CONCEPTS.
There is established a commission to be known as the
Commission on Federal Budget Concepts (referred to in this
title as the ``Commission'').
SEC. 402. POWERS AND DUTIES OF COMMISSION.
(a) Duties of the Commission.--
(1) In general.--The duties of the Commission shall
include--
(A) a review of the 1967 report of the President's
Commission on Budget Concepts and assessment of the
implementation of the recommendations of that report;
(B) identification and evaluation of the structure,
concepts, classifications, and bases of accounting of the
Federal budget;
(C) identification of any applicable general accounting
principles and practices in the private sector and evaluation
of their value to budget practices in the Federal sector;
(D) a report that shall include recommendations for
modifications to the structure, concepts, classifications,
and bases of accounting of the Federal budget that would
enhance the usefulness of the budget for public policy and
financial planning.
(2) Specific areas of consideration.--Specific areas for
consideration by the Commission shall include the following:
(A) Should part ownership by the Government be sufficient
to make an entity Federal and to include it in the budget?
(B) When is Federal control of an entity, including control
exercised through Federal regulations, sufficient to cause it
to be included in the budget?
(C) Are privately owned assets under long-term leases to
the Federal Government effectively purchased by the
Government during the lease period?
(D) Should there be an ``off-budget'' section of the
budget? How should the Federal Government differentiate
between spending and receipts?
(E) Should the total costs of refundable tax credits belong
on the spending side of the budget?
(F) When should Federal Reserve earnings be reported as
receipts or offsetting receipts (negative spending) in the
net interest portion of the budget?
(G) What is a ``user fee'' and under what circumstances is
it properly an offset to spending or a governmental receipt?
What uses do trust funds have?
(H) Do trust fund balances provide misleading information?
Do the roughly 200 trust funds add clarity or confusion to
the budget process?
(I) Are there better ways than trust fund accounting to
identify long-term liabilities?
(J) Should accrual budgetary accounting be adopted for
Federal retirement, military retirement, or Social Security
and other entitlements?
(K) Are off-budget accounts suitable for capturing accruals
in the budget?
(L) What is the appropriate budgetary treatment of--
(i) purchases and sales of financial assets, including
equities, bonds, and foreign currencies;
(ii) emergency spending;
(iii) the cost of holding fixed assets (cost of capital);
(iv) sales of physical assets; and
(v) seigniorage on coins and currency?
(M) When policy changes have strong but indirect feedback
effects on revenues and other aggregates, should they be
reported in budget estimates?
(N) How should the policies that are one-sided bets on
economic events (probabilistic scoring) be represented in the
budget?
(b) Powers of the Commission.--
(1) Conduct of business.--The Commission may hold hearings,
take testimony, receive evidence, and undertake such other
activities necessary to carry out its duties.
(2) Access to information.--The Commission may secure
directly from any department or agency of the United States
information necessary to carry out its duties. Upon request
of the Chair of the Commission, the head of that department
or agency shall furnish that information to the Commission.
(3) Postal service.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the United States.
SEC. 403. MEMBERSHIP.
(a) Membership.--The Commission shall be composed of 12
members as follows:
(1) Three members appointed by the chairman of the
Committee on the Budget of the Senate.
(2) Three members appointed by the chairman of the
Committee on the Budget of the House of Representatives.
(3) Three members appointed by the ranking member of the
Committee on the Budget of the Senate.
(4) Three members appointed by the ranking member of the
Committee on the Budget of the House of Representatives.
(b) Qualifications and Term.--
(1) Qualifications.--Members appointed to the Commission
pursuant to subsection (a) shall--
(A) have expertise and experience in the fields or
disciplines related to the subject areas to be considered by
the Commission; and
(B) not be Members of Congress.
(2) Term of appointment.--The term of an appointment to the
Commission shall be for the life of the Commission.
(3) Chair and vice chair.--The Chair and Vice Chair may be
elected from among the members of the Commission. The Vice
Chair shall assume the duties of the Chair in the Chair's
absence.
(c) Meetings; Quorum; and Vacancies.--
(1) Meetings.--The Commission shall meet at least once a
month on a day to be decided by the Commission. The
Commission may meet at such other times at the call of the
Chair or of a majority of its voting members. The meetings of
the Commission shall be open to the public, unless by public
vote, the Commission shall determine to close a meeting or
any portion of a meeting to the public.
(2) Quorum.--A majority of the voting membership shall
constitute a quorum of the Commission, except that 3 or more
voting members may conduct hearings.
(3) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was
filled under subsection (a).
(d) Compensation and Expenses.--Members of the Commission
shall serve without pay for their service on the Commission,
but may receive travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code.
SEC. 404. STAFF AND SUPPORT SERVICES.
(a) Staff.--With the advance approval of the Commission,
the executive director may appoint such personnel as is
appropriate. The staff of the Commission shall be appointed
without regard to political affiliation and without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classifications
and General Schedule pay rates.
(b) Executive Director.--The Chairman shall appoint an
executive director, who shall be paid the rate of basic pay
for level II of the Executive Schedule.
(c) Experts and Consultants.--With the advance approval of
the Commission, the executive director may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code.
(d) Technical and Administrative Assistance.--Upon the
request of the Commission--
(1) the head of any agency, office, or establishment within
the executive or legislative branches of the United States
shall provide, without reimbursement, such technical
assistance as the Commission determines is necessary to carry
out its duties; and
(2) the Administrator of the General Services
Administration shall provide, on a reimbursable basis, such
administrative support services as the Commission may
require.
(e) Detail of Federal Personnel.--Upon the request of the
Commission, the head of an agency, office, or establishment
in the executive or legislative branch of the United States
is authorized to detail, without reimbursement, any of the
personnel of that agency, office, or establishment to the
Commission to assist the Commission in carrying out its
duties. Any such detail shall not interrupt or otherwise
affect the employment status or privileges of that employee.
(f) CBO.--The Director of the Congressional Budget Office
shall provide the Commission with its latest research on the
accuracy of its past budget and economic projections as
compared to those of the Office of Management and Budget and,
if possible,
[[Page S4295]]
those of private sector forecasters. The Commission shall
work with the Directors of the Congressional Budget Office
and the Office of Management and Budget in their efforts to
explain the factors affecting the accuracy of budget
projections.
SEC. 405. REPORT.
Not later than __________, the Commission shall transmit a
report to the President and to each House of Congress. The
report shall contain a detailed statement of the findings and
conclusions of the Commission, together with its
recommendations for such legislative or administrative
actions as it considers appropriate. No finding, conclusion,
or recommendation may be made by the Commission unless
approved by a majority of those voting, a quorum being
present. At the request of any Commission member, the report
shall include that member's dissenting findings, conclusions,
or recommendations.
SEC. 406. TERMINATION.
The Commission shall terminate 30 days after the date of
transmission of the report required in section 405.
SEC. 407. FUNDING.
There are authorized to be appropriated not more than
$1,000,000 to carry out this title. Sums so appropriated
shall remain available until expended.
______
By Mr. HAGEL:
S. 691. A bill to authorize the Secretary of Agriculture to enter
into cooperative agreements and contracts with the Nebraska State
Forester to carry out watershed restoration and protection activities
on National Forest System land in the State of Nebraska; to the
Committee on Energy and Natural Resources.
Mr. HAGEL. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 691
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. WATERSHED RESTORATION AND PROTECTION ACTIVITIES IN
THE STATE OF NEBRASKA.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Nebraska.
(3) State forester.--The term ``State Forester'' means the
Nebraska State Forester.
(b) Cooperative Agreements and Contracts.--
(1) In general.--The Secretary may enter into a cooperative
agreement or contract, including a sole source contract, with
the State Forester, under which the State Forester may carry
out eligible watershed restoration and protection activities
on National Forest System land in the State if similar or
complementary activities are being carried out by the State
Forester on State or private land that is located within the
same watershed as the National Forest System land.
(2) Eligible activities.--Watershed restoration and
protection activities that are eligible to be carried out by
the State Forester under paragraph (1) shall include--
(A) treatment of insect-infected trees;
(B) reduction of hazardous fuels; and
(C) other activities to restore or improve watersheds
across ownership boundaries.
(c) Agency Agreement.--Except as provided in subsection
(f), a cooperative agreement or contract under subsection
(b)(1) may authorize the State Forester to be an agent of the
Secretary for the purpose of carrying out the watershed
restoration or protection activities under the cooperative
agreement or contract.
(d) Subcontracts Authorized.--In carrying out the watershed
restoration or protection activities under subsection (b),
the State Forester may enter into subcontracts in accordance
with applicable contract procedures of the State.
(e) Timber Sales.--Subsections (d) and (g) of section 14 of
the National Forest Management Act of 1976 (16 U.S.C. 472a)
shall not apply to watershed restoration and protection
activities carried out by the State Forester under subsection
(b).
(f) No Delegation of Duties Under NEPA.--With respect to
any watershed restoration or protection activity of the State
Forester carried out or proposed to be carried out under
subsection (b), the Secretary shall not delegate to the State
Forester or to any other employee of the State Forest Service
any of the duties of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(g) Termination of Authority.--The authority of the
Secretary to enter into cooperative agreements or contracts
under this section terminates on September 30, 2006.
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