[Congressional Record Volume 149, Number 53 (Wednesday, April 2, 2003)]
[Senate]
[Pages S4716-S4726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 435. Mr. STEVENS proposed an amendment to the bill S. 762, making 
supplemental appropriations to support Department of Defense operations 
in Iraq, Department of Homeland Security, and Related Efforts for the 
fiscal year ending September 30, 2003, and for other purposes; as 
follows:

       Section 3101 of title 31, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) The National Debt Ceiling of the United States shall 
     be increased by the total amount of funds appropriated by Act 
     of Congress for the Department of Defense, Department of 
     Homeland Security or any other Agency of government to 
     prosecute the war against terrorism, the war in Afghanistan, 
     the war in Iraq, since September 11, 2001.
                                 ______
                                 
  SA 436. Mr. STEVENS (for himself, Mr. Inouye, Mr. Durbin, Mr. Warner, 
Mr. Chambliss, Ms. Mikulski, Mrs. Dole, Mr. Daschle, Mr. Corzine, Mr. 
Levin, Mrs. Boxer, and Mrs. Clinton) proposed an amendment to the bill 
S. 762, making supplemental appropriations to support Department of 
Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; as follows:

       At the end of chapter 3 of title I add the following:
       (a) Increase in Imminent Danger Special Pay.--Section 
     310(a) of title 37, United States Code, is amended by 
     striking ``$150'' and inserting ``$225''.
       (b) Increase in Family Separation Allowance.--Section 
     427(a)(1) of title 37, United States Code, is amended by 
     striking ``$100'' and inserting ``$250''.
       (c) Expiration.--(1) The amendment made by subsections (a) 
     and (b) shall expire on September 30, 2003.
       (2) Effective on September 30, 2003, sections 310(a) of 
     title 37, United States Code, and 427(a)(1) of title 37, 
     United States Code, as in effect on the day before the date 
     of the enactment of this Act are hereby revived.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on Oct. 1, 2002 and shall apply 
     with respect to months beginning on or after that date.

[[Page S4717]]

                                 ______
                                 
  SA 437. Mr. DURBIN (for himself and Mr. Levin) proposed an amendment 
to amendment SA 436 proposed by Mr. Stevens (for himself, Mr. Inouye, 
Mr. Durbin, Mr. Warner, Mr. Chambliss, Ms. Mikulski, Mrs. Dole, Mr. 
Daschle, Mr. Corzine, Mr. Levin, Mrs. Boxer, and Mrs. Clinton) to the 
bill S. 762, making supplemental appropriations to support Department 
of Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; as follows:

       In the amendment strike all after the first word and insert 
     the following:
       (a) Increase in Imminent Danger Special Pay.--Section 
     310(a) of title 37, United States Code, is amended by 
     striking ``$150'' and inserting ``$250''.
       (b) Increase in Family Separation Allowance.--Section 
     427(a)(1) of title 37, United States Code, is amended by 
     striking ``$100'' and inserting ``$250''.
       (c) Expiration.--(1) The amendment made by subsections (a) 
     and (b) shall expire on September 30, 2003.
       (2) Effective on September 30, 2003, sections 310(a) of 
     title 37, United States Code, and 427(a)(1) of title 37, 
     United States Code, as in effect on the day before the date 
     of the enactment of this Act are hereby revived.
                                 ______
                                 
  SA 438. Mrs. CLINTON (for herself and Mr. Leahy) submitted an 
amendment intended to be proposed by her to the bill S. 762, making 
supplemental appropriations to support Department of Defense operations 
in Iraq, Department of Homeland Security, and Related Efforts for the 
fiscal year ending September 30, 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page __, between lines __ and __, insert the following:

     SEC. __. REPORTING REQUIREMENT.

       (a) In General.--Any Federal agency, including the 
     Department of Defense and the Agency for International 
     Development, which contracts with a private company for a 
     reconstruction project in Iraq shall submit a report to 
     Congress not later than 30 days after the execution each such 
     contract if--
       (1) the amount of the contract is greater than $10,000,000; 
     and
       (2) the procurement process underlying the contract was not 
     subject to standard competitive bidding procedures.
       (b) Contents.--The report required under subsection (a) 
     shall include--
       (1) the terms of the contract;
       (2) the reasons the agency did not use standard competitive 
     bidding procedures; and
       (3) a description of how the agency identified and 
     solicited companies to perform the functions required by the 
     contract.
                                 ______
                                 
  SA 439. Mrs. FEINSTEIN (for herself, Ms. Mikulski, Mr. Dodd, and Mr. 
Dayton) submitted an amendment intended to be proposed by her to the 
bill S. 762, making supplemental appropriations to support Department 
of Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 38, after line 10, insert the following:


                           ADDITIONAL AMOUNTS

       Sec. __. For an additional amount, not otherwise provided 
     for, to carry out activities under the National Flood 
     Insurance Act of 1968 and the Flood Disaster Protection Act 
     of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
     et seq.), the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.), the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Production 
     Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 
     303 of the National Security Act of 1947 (50 U.S.C. 404-405), 
     and Reorganization Plan No. 3 of 197, $200,000,000, to remain 
     available until expended. Provided, That this amount shall be 
     for grants to improve public safety communications and 
     interoperability.
       Sec. __. For an additional amount, not otherwise provided 
     for, to carry out activities authorized by the Violent Crime 
     Control and Law Enforcement Act of 1994, Public Law 103-322 
     (including administrative costs), $200,000,000, to remain 
     available until expended. Provided, That this amount shall be 
     for the COPS Interoperable Communications Technology Program 
     to provide grants to improve public safety communications and 
     interoperability.
                                 ______
                                 
  SA 440. Mr. REID (for himself, Mrs. Clinton, Mr. Schumer, Mr. 
Lieberman, and Ms. Stabenow) proposed an amendment to the bill S. 762, 
making supplemental appropriations to support Department of Defense 
operations in Iraq, Department of Homeland Security, and Related 
Efforts for the fiscal year ending September 30, 2003, and for other 
purposes; as follows:

       On page 18, line 8, strike all that follows through page 
     20, line 10 and insert the following:

                                CHAPTER

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       CORPS OF ENGINEERS--CIVIL

                  Operations and Maintenance, General

       For an additional amount for homeland security expenses, 
     for ``Operations and Maintenance, General'', $29,000,000, to 
     remain available until expended.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of reclamation


                      water and related resources

       For an additional amount for homeland security expenses, 
     for ``Water and Related Resources'', $25,000,000, to remain 
     available until expended.

                          DEPARTMENT OF ENERGY

                            Energy Programs


                                science

       For an additional amount for ``Science'' for emergency 
     expenses necessary to support safeguard and security 
     activities, $10,000,000, to remain available until expended.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           weapons activities

       For an additional amount for ``Weapons Activities'' for 
     emergency expenses necessary to safeguard nuclear weapons and 
     nuclear material $70,000,000 to remain available until 
     expended: Provided, That $30,000,000 of the funds provided 
     shall be available for secure transportation asset 
     activities: Provided further, That $40,000,000 of the funds 
     provided shall be available to meet increased safeguards and 
     security needs throughout the nuclear weapons complex, 
     including at least $15,000,000 for cyber security.


                        nuclear nonproliferation

       For an additional amount for ``Nuclear Nonproliferation'' 
     for emergency expenses necessary to safeguard fissile nuclear 
     material, $300,000,000, to remain available until expended: 
     Provided, That $135,000,000 of the funds provided shall be 
     available for the development of nuclear detectors at mega 
     seaports, in coordination with the Department of Homeland 
     Security Bureau of Customs and Border Protection: Provided 
     further, That $40,000,000 of the funds provided shall be 
     available for detection and deterrence of radiological 
     dispersal devices: Provided further, That $20,000,000 of the 
     funds provided shall be available for nonproliferation 
     assistance to nations other than the Former Soviet Union: 
     Provided further, That $20,000,000 of the funds provided 
     shall be available for nonproliferation forensics and 
     attribution: Provided further, That $15,000,000 of the funds 
     provided shall be available for nuclear nonproliferation 
     verification program, including $2,500,000 for the Caucasus 
     Seismic Network: Provided further, That $12,000,000 of the 
     funds provided shall be available for nonproliferation 
     assistance to Russian strategic rocket forces: Provided 
     further, That $10,000,000 of the funds provided shall be 
     available for the packaging and disposition of any nuclear 
     material found in Iraq: Provided further, That $10,000,000 of 
     the funds provided shall be available for nuclear material 
     detection materials and devices: Provided further, That 
     $10,000,000 of the funds provided shall be available for 
     lower yield nuclear detection: Provided further, That 
     $10,000,000 of the funds provided shall be available for 
     nuclear material characterization: Provided further, That 
     $5,000,000 of the funds provided shall be available for a 
     radionuclide deployable analysis system: Provided further, 
     That $5,000,000 of the funds provided shall be available 
     for U.S. export control nuclear security: Provided 
     further, That $5,000,000 of the funds provided shall be 
     available for international export control cooperation 
     activities: Provided further, That $2,000,000 of the funds 
     provided shall be available for support of proliferation 
     analyses in post-war Iraq: Provided further, That 
     $1,000,000 of the funds provided shall be available for 
     vulnerability assessments of spent nuclear fuel casks.


               environmental and other defense activities

         defense environmental restoration and waste management

       For an additional amount for ``Defense Environmental 
     Restoration and Waste Management'', or emergency expenses 
     necessary to support safeguards and security activities at 
     nuclear and other facilities, $15,000,000, to remain 
     available until expended.


                   defense facility closure projects

       For an additional amount for ``Defense Facility Closure 
     Projects'' for emergency expenses necessary to support 
     safeguard and security activities at nuclear and other 
     facilities, $5,000,000, to remain available until expended.


                        other defense activities

       For an additional amount for ``Other Defense Activities'', 
     $18,000,000, to remain available until expended, for 
     increased safeguard and security of Department of Energy 
     facilities and personnel, including intelligence and 
     counterintelligence activities: Provided, That this amount 
     shall be available for transfer to other accounts within the 
     Department of Energy for other expenses necessary to support 
     elevated security conditions 15 days after notification to 
     the Congress of the proposed transfers.

[[Page S4718]]

                                 ______
                                 
  SA 441. Mr. LEAHY (for himself, Mr. Craig, Mr. Kerry, Mr. Schumer, 
Ms. Mikulski, Mr. Bingaman, Mrs. Lincoln, Mr. Harkin, Mr. Pryor, Mr. 
Sarbanes, Mrs. Murray, Mr. Warner, Mr. Grassley, Mr. Feingold, Mr. 
Jeffords, Mr. Crapo, Ms. Cantwell, Mr. Kennedy, Mr. Kohl, Mrs. 
Feinstein, Mr. Wyden, Mr. Allen, Mr. Baucus, Mr. Corzine, Mr. 
Lautenberg, Mr. Johnson, Mr. Reid, Mrs. Clinton, Mr. Campbell, Mr. 
Lieberman, Mr. Dayton, Mr. Coleman, Ms. Snowe, Mr. Chafee, Mr. Reed, 
Mr. Allard, Mr. Burns, Mr. Dorgan, Mr. Lugar, Mr. Durbin, Mr. Nelson of 
Nebraska, Mr. Roberts, Ms. Landrieu, Mr. Levin, and Ms. Collins) 
submitted an amendment intended to be proposed by him to the bill S. 
762, making supplemental appropriations to support Department of 
Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . USE OF ORGANICALLY PRODUCED FEED FOR CERTIFICATION 
                   AS ORGANIC FARM.

       Section 771 of the Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies Appropriations Act, 
     2003 (division A of Public Law 108-7) is repealed.
                                 ______
                                 
  SA 442. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 47, line 5, before the ``.'' insert the following:
       On page 46, line 13, strike ``$106,060,000'' and insert 
     ``$117,060,000''.
       Provided further, That of the amount made available under 
     this heading, $10,000,000 to remain available until September 
     30, 2004, shall only be available for incorporation of 
     additional technologies for disseminating terrorism warnings 
     within the All Hazards Warning Network.
                                 ______
                                 
  SA 443. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At an appropriate place, insert the following:
       Sec. _. (a) None of the funds appropriated or otherwise 
     made available by this Act for purposes of reconstruction in 
     Iraq may be obligated or expended to pay any person who is a 
     citizen of a country named in subsection (b), any person that 
     is organized under the laws of such a country, any person 
     that is affiliated with a person organized under the laws of 
     such a country, or any person that is owned by a person 
     organized under the laws of such a country.
       (b) Subsection (a) applies with respect to France and 
     Germany.
       (c) Subsection (a) does not apply to an individual employed 
     by the United Nations or any other international 
     organization, or by a nongovernmental organization operated 
     on a not-for-profit basis, with respect to the performance of 
     the duties of the individual's position of employment with 
     the United Nations, such other international organization, or 
     such nongovernmental organization.
       (d) Subsection (a) does not apply to a person who is a 
     citizen of the United States or that is organized under the 
     laws of the United States.
                                 ______
                                 
  SA 444. Mr. BUNNING submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq. Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec.  . For an additional amount for the law enforcement 
     technology program under the heading ``Community Oriented 
     Policing Services'' in the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2003, $5,000,000 for the Louisville-Jefferson County, 
     Kentucky Public Safety Communications System to implement a 
     common interoperable voice and data communications system for 
     public safety organizations in the metropolitan area.
                                 ______
                                 
  SA 445. Mr. HOLLINGS (for himself, Ms. Stabenow, Mrs. Boxer, Mr. 
Schumer, Mr. Graham of Florida, Mr. Kerry, and Mr. Breaux) proposed an 
amendment to the bill S. 762, making supplemental appropriations to 
support Department of Defense operations in Iraq, Department of 
Homeland Security, and Related Efforts for the fiscal year ending 
September 30, 2003, and for other purposes; as follows:

       At the appropriate place insert the following:

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard


                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $93,000,000, to remain available until December 31, 2003, of 
     which not less than $50,000,000 shall be for port 
     vulnerability assessments and the port vulnerability 
     assessment program, and not less than $7,000,000 shall be for 
     the purchase of radiation detection equipment, and not less 
     than $36,000,000 shall be for the establishment of Maritime 
     Safety and Security Teams.


               acquisition, construction and improvements

       For an additional amount for ``Acquisition, Construction 
     and Improvements'', $57,000,000, to remain available until 
     December 31, 2003, to implement the Automated Identification 
     System and other tracking systems designed to actively track 
     and monitor vessels operating in United States waters.

                   Border and Transportation Security


                     customs and border protection

       For an additional amount for ``Customs and Border 
     Protection'', $160,000,000, to remain available until 
     December 31, 2003, of which not less than $110,000,000 shall 
     be for the deployment and installation of portal screening 
     equipment at our Nation's seaports, and of which not less 
     than $50,000,000 shall be for the evaluation and 
     implementation, in coordination with the Transportation 
     Security Administration, to secure systems of transportation 
     such as the Container Security Initiative and the Customs-
     Trade Partnership Against Terrorism.

                 Transportation Security Administration

       For an additional amount for ``Salaries and Expenses'', 
     $680,000,000, to remain available until December 31, 2003, of 
     which not less than $600,000,000 shall be available for port 
     security grants for the purpose of implementing the 
     provisions of the Maritime Transportation Security Act, and 
     not less than $30,000,000 shall be for continued development 
     and implementation of the Transportation Worker 
     Identification Card as well as for background checks of 
     transportation workers who work in secure areas or who work 
     with sensitive cargo or information, and not less than 
     $50,000,000 shall be for the evaluation and implementation, 
     in coordination with the Bureau of Customs and Border 
     Protection, of secure systems of transportation such as 
     Operation Safe Commerce.

                Federal Law Enforcement Training Center


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until September 30, 2004, 
     for the development of seaport security training programs, 
     and for equipment and personnel to provide training to 
     Federal, State and local law enforcement agencies and, 
     notwithstanding any provision of law, private security 
     personnel performing seaport security functions.
                                 ______
                                 
  SA 446. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 47, line 5, before the ``.'' insert the following:
       On page 46, line 13, strike ``$106,060,000'' and insert 
     ``$117,060,000''.
       Provided further, That of the amount made available under 
     this heading, $10,000,000 to remain available until September 
     30, 2004, shall only be available for incorporation of 
     additional technologies for disseminating terrorism warnings 
     within the All Hazards Warning Network.
                                 ______
                                 
  SA 447. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:
       Sec.__. The Secretary of the Army, acting through the Chief 
     of Engineers, shall use previously provided funds to 
     expeditiously complete dam safety and seepage stability 
     correction measures for the Waterbury Dam, VT project.

[[Page S4719]]

                                 ______
                                 
  SA 448. Mr. KERRY (for himself, Ms. Snowe, and Mr. Bennett) submitted 
an amendment intended to be proposed by him to the bill S. 762, making 
supplemental appropriations to support Department of Defense operations 
in Iraq. Department of Homeland Security, and Related Efforts for the 
fiscal year ending September 30, 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Insert at the appropriate place in the bill:
       Sec. __. Section 624 of division B of the Consolidated 
     Appropriations Resolution, 2003 (Public Law 108-7), is 
     amended by inserting before the period at the end: ``and, 
     effective as of October 1, 2002, by inserting `and subject to 
     the provisions of Public Law 108-8,' after `until expended,' 
     ''.
                                 ______
                                 
  SA 449. Mrs. FEINSTEIN (for herself, Mr. Bingaman, and Mr. Schumer) 
submitted an amendment intended to be proposed by her to the bill S. 
762, making supplemental appropriations to support Department of 
Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 3, after line 6, insert the following:


                           additional amounts

       Sec.__. For an additional amount for the Department of 
     Justice $315,000,000 shall be made available for the State 
     Criminal Alien Assistance Program (SCAAP) to restore funding 
     for fiscal year 2003 to the fiscal year 2002 level of 
     $565,000,000.
                                 ______
                                 
  SA 450. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq. Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 32, line 13 strike the period and add the following 
     ``: Provided further, That of the funds appropriated under 
     this heading $4.3 million shall be made available to the 
     Agency for International Development Office of Inspector 
     General for the purpose of monitoring and auditing 
     expenditures for Iraqi Reconstruction: Provided further, That 
     such sums are in addition to funds otherwise made available 
     to the Office of the Inspector General.''
                                 ______
                                 
  SA 451. Mr. ALLARD (for himself, Mr. Warner, Mr. Pryor, Mr. McCain, 
Mr. Graham of Florida, Mr. Graham of South Carolina, Mrs. Dole, Mr. 
Chambliss, Mr. Nelson of Florida, Mr. Corzine, Mr. Cornyn, Mrs. 
Clinton, Ms. Collins, Mr. Lieberman, and Mr. Dodd) proposed an 
amendment to the bill S. 762, making supplemental appropriations to 
support Department of Defense operations in Iraq, Department of 
Homeland Security, and Related Efforts for the fiscal year ending 
September 30, 2003, and for other purposes; as follows:

       On page 89, between lines 4 and 5, insert the following:

TITLE V--PANEL TO REVIEW SEXUAL MISCONDUCT ALLEGATIONS AT UNITED STATES 
                           AIR FORCE ACADEMY

     SEC. 501. ESTABLISHMENT OF PANEL.

       (a) Establishment.--There is established a panel to review 
     allegations of sexual misconduct allegations at the United 
     States Air Force Academy.
       (b) Composition.--The panel shall be composed of seven 
     members, appointed by the Secretary of Defense from among 
     private United States citizens who have knowledge or 
     expertise in matters relating to sexual assault, rape, and 
     the United States military academies.
       (c) Chairman.--The Secretary of Defense shall, in 
     consultation with the Chairmen of the Committees on Armed 
     Services of the Senate and House of Representatives, select 
     the Chairman of the panel from among its members under 
     subsection (b).
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the panel. Any vacancy in the panel 
     shall be filled in the same manner as the original 
     appointment.
       (e) Meetings.--The panel shall meet at the call of the 
     Chairman.
       (f) Initial Organization Requirements.--(1) All original 
     appointments to the panel shall be made not later than May 1, 
     2003.
       (2) The Chairman shall convene the first meeting of the 
     panel not later than May 2, 2003.

     SEC. 502. DUTIES OF PANEL.

       (a) In General.--The panel established under section 501(a) 
     shall carry out a study in order to determine responsibility 
     and accountability for the establishment or maintenance of an 
     atmosphere at the United States Air Force Academy that was 
     conducive to sexual misconduct (including sexual assaults and 
     rape) at the United States Air Force Academy.
       (b) Review.--In carrying out the study required by 
     subsection (a), the panel shall--
       (1) the actions taken by United States Air Force academy 
     personnel and other Department of the Air Force officials in 
     response to allegations of sexual assaults at the United 
     States Air Force Academy;
       (2) review directives issued by the United States Air Force 
     pertaining to sexual misconduct at the United States Air 
     Force Academy;
       (3) review the effectiveness of the process, procedures, 
     and policies used at the United States Air Force Academy to 
     respond to allegations of sexual misconduct;
       (4) review the relationship between--
       (A) the command climate for women at the United States Air 
     Force Academy; and
       (B) the circumstances that resulted in sexual misconduct at 
     the Academy; and
       (5) review, evaluate, and assess such other matters and 
     materials as the panel considers appropriate for the study.
       (c) Report.--(1) Not later than 90 days after its first 
     meeting under section 501(f)(2), the panel shall submit to 
     the President, the Secretary of the Air Force, and Congress a 
     report on the study required by subsection (a).
       (2) The report shall include--
       (A) the findings and conclusions of the panel as a result 
     of the study; and
       (B) any recommendations for legislative or administrative 
     action that the panel considers appropriate in light of the 
     study.

     SEC. 503. PERSONNEL MATTERS.

       (a) Pay of Members.--(1) Members of the panel established 
     under section 501(a) shall serve without pay by reason of 
     their work on the panel.
       (2) Section 1342 of title 31, United States Code, shall not 
     apply to the acceptance of services of a member of the panel 
     under this title.
       (b) Travel Expenses.--The members of the panel shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the panel.
                                 ______
                                 
  SA 452. Ms. LANDRIEU proposed an amendment to the bill S. 762, making 
supplemental appropriations to support Department of Defense operations 
in Iraq, Department of Homeland Security, and Related Efforts for the 
fiscal year ending September 30, 2003, and for other purposes; as 
follows:

         In chapter 3 of title I, under the heading 
     ``PROCUREMENT'', insert after the matter relating to 
     ``Procurement, Defense-Wide'' the following:

                  National Guard and Reserve Equipment

         For an additional amount for ``National Guard and Reserve 
     Equipment'', $1,047,000,000.
                                 ______
                                 
  SA 453. Mr. ALLEN (for himself, Mr. Harkin, and Mr. Hollings) 
submitted an amendment intended to be proposed by him to the bill S. 
762, making supplemental appropriations to support Department of 
Defense operations in Iraq, Department of Homeland Security, and 
Related Efforts for the fiscal year ending September 30, 2003, and for 
other purposes; which was ordered to lie on the table; as follows:

  At the appropriate place, add the following:
       Sec.   .
       ``28 U.S.C. Section 1605 is amended by adding, at the end, 
     a new subsection ``(h)'' that reads:
       `(h) Any United States citizen, and their immediate family 
     at the time, shall have a claim for money damages against a 
     foreign state, as authorized by subsection (a)(7), for death 
     or personal injury (including economic damages, solatium, 
     pain and suffering) caused by the foreign state's act of 
     torture, extrajudicial killing, aircraft sabotage, or hostage 
     taking. This subsection abrogates any other provision of law 
     and any international agreement that purports to bar, 
     preclude, terminate, extinguish, or suspend the claim. This 
     subsection is retroactive to November 1, 1979.' ''
                                 ______
                                 
  SA 454. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       Section 501(b) of title V of division N of the Consolidated 
     Appropriations Resolution, 2003 is amended--
       (1) by striking ``program authorized for the fishery in 
     Sec. 211'' and inserting ``programs authorized for the 
     fisheries in sections 211 and 212''; and
       (2) by striking ``program in section 211'' and inserting 
     ``programs in sections 211 and 212''.
                                 ______
                                 
  SA 455. Mr. KOHL (for himself, Mr. Leahy, Mr. Byrd, Mr. Biden, Mrs. 
Murray, Mr. Harkin, and Mr. Nelson of Florida) submitted an amendment

[[Page S4720]]

intended to be proposed by him to the bill S. 762, making supplemental 
appropriations to support Department of Defense operations in Iraq, 
Department of Homeland Security, and Related Efforts for the fiscal 
year ending September 30, 2003, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2, after line 7, insert the following:


                    ``public law 480 title II grants

                     (including transfer of funds)

       For additional expenses during the current fiscal year, not 
     otherwise recoverable, and unrecovered prior year's costs, 
     including interest thereon, under the Agricultural Trade 
     Development Act of 1954, $600,000,000, to remain available 
     until expended, for commodities supplied in connection with 
     dispositions abroad under title II of said Act. Provided, 
     That of this amount, $155,000,000 shall be used to restore 
     funding for previously approved fiscal year 2003 programs 
     under section 204(a)(2) of the Agricultural Trade Development 
     and Assistance Act of 1954: Provided further, That of the 
     funds provided under this heading, the Secretary of 
     Agriculture shall transfer to the Commodity Credit 
     Corporation such sums as are necessary to acquire, and shall 
     acquire, a quantity of commodities for use in administering 
     the Bill Emerson Humanitarian Trust in an amount equal to the 
     quantity allocated by the Corporation pursuant to the release 
     of March 19, 2003, and the release of March 20, 2003. 
     Provided further, That the authority contained in 7 U.S.C. 
     1736f-1(c)(4) shall not apply during fiscal year 2003 for any 
     release of commodities after the date of enactment of this 
     Act.''.
                                 ______
                                 
  SA 456. Mr. McCAIN proposed an amendment to the bill S. 762, making 
supplemental appropriations to support Department of Defense operations 
in Iraq, Department of Homeland Security, and Related Efforts for the 
fiscal year ending September 30, 2003, and for other purposes; as 
follows:

       On page 42, strike lines 16 through 22.
                                 ______
                                 
  SA 457. Mr. EDWARDS submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 46, line 13, strike ``$106,060,00'' and insert 
     ``$117,060,000''. On page 47, line 5, before ``.'' insert the 
     following ``: Provided further, That of the amount made 
     available under this heading, $10,000,000 to remain available 
     until September 30, 2004, shall only be available for the 
     incorporation of additional technologies for disseminating 
     terrorism warnings within the All Hazards Warning Network''.
                                 ______
                                 
  SA 458. Mr. WYDEN. (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the bill S. 762, making supplemental 
appropriations to support Department of Defense operations in Iraq, 
Department of Homeland Security, and Related Efforts for the fiscal 
year ending September 30, 2003, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 54, line 15, insert before ``Section'' the 
     following:
       ``In addition to amounts otherwise available for water and 
     related resources, not to exceed $3,000,000, the Secretary of 
     Interior shall make available reimbursement for operation and 
     maintenance costs to eligible producers in the Klamath Basin, 
     pursuant to Public Law 107-349, the Klamath Basin Emergency 
     Operation and Maintenance Refund Act of 2002;''
                                 ______
                                 
  SA 459. Mr. GRAHAM of Florida (for himself, Mr. Kerry, Ms. Mikulski, 
Mr. Murray, Mr. Dorgan, Mr. Dayton, Mr. Daschle, Mr. Johnson, Ms. 
Landrieu, Mr. Lautenberg, and Mrs. Clinton) submitted an amendment 
intended to be proposed by him to the bill S. 762, making supplemental 
appropriations to support Department of Defense operations in Iraq, 
Department of Homeland Security, and Related Efforts for the fiscal 
year ending September 30, 2003, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                              MEDICAL CARE

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities; for 
     furnishing, as authorized by law, inpatient and outpatient 
     care and treatment to beneficiaries of the Department of 
     Veterans Affairs, including care and treatment in facilities 
     not under the jurisdiction of the department; and for 
     furnishing recreational facilities, supplies, and equipment 
     incident to the provision of hospital care, medical services, 
     and nursing home care authorized by section 1710(e)(1)(D) of 
     title 38, United States Code, $375,000,000; Provided, That 
     such amount shall remain available until expended.
                                 ______
                                 
  SA 460. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 762, making supplemental appropriations to 
support Department of Defense operations in Iraq, Department of 
Homeland Security, and Related Efforts for the fiscal year ending 
September 30, 2003, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC.    . EXTENSION OF ENERGY SAVINGS PERFORMANCE CONTRACTING 
                   AUTHORITY.

       Section 801 (c) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287(c)) is amended by striking ``October 1, 
     2003'' and inserting ``December 31, 2004.''
                                 ______
                                 
  SA 461. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 46, between lines 3 and 4, insert the following:
       (e) Livestock Compensation Program.--Section 203(a) of the 
     Agricultural Assistance Act of 2003 (title II of division N 
     of Public Law 108-7)) is amended by adding at the end the 
     following:
       ``(3) Grants.--
       ``(A) In general.--To provide assistance to eligible 
     applicants under paragraph (2)(B), the Secretary shall 
     provide grants to appropriate State departments of 
     agriculture (or other appropriate State agencies) that agree 
     to provide assistance to eligible applicants.
       ``(B) Amount.--The total amount of grants provided under 
     subparagraph (A) shall be equal to the total amount of 
     assistance that the Secretary determines all eligible 
     applicants are eligible to receive under paragraph (2)(B).''.
                                 ______
                                 
  SA 462. Mr. CORZINE (for himself and Mr. Edwards) proposed an 
amendment to the bill S. 762, making supplemental appropriations to 
support Department of Defense operations in Iraq, Department of 
Homeland Security, and Related Efforts for the fiscal year ending 
September 30, 2003, and for other purposes; as follows:

       On page 89, between lines 4 and 5, insert the following:

                      TITLE __--CHEMICAL SECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Chemical Security Act of 
     2003''.

     SEC. __02. FINDINGS.

       Congress finds that--
       (1) the chemical industry is a crucial part of the critical 
     infrastructure of the United States--
       (A) in its own right; and
       (B) because that industry supplies resources essential to 
     the functioning of other critical infrastructures;
       (2) the possibility of terrorist and criminal attacks on 
     chemical sources (such as industrial facilities) poses a 
     serious threat to public health, safety, and welfare, 
     critical infrastructure, national security, and the 
     environment;
       (3) the possibility of theft of dangerous chemicals from 
     chemical sources for use in terrorist attacks poses a further 
     threat to public health, safety, and welfare, critical 
     infrastructure, national security, and the environment; and
       (4) there are significant opportunities to prevent theft 
     from, and criminal attack on, chemical sources and reduce the 
     harm that such acts would produce by--
       (A)(i) reducing usage and storage of chemicals by changing 
     production methods and processes; and
       (ii) employing inherently safer technologies in the 
     manufacture, transport, and use of chemicals;
       (B) enhancing secondary containment and other existing 
     mitigation measures; and
       (C) improving security.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Chemical source.--The term ``chemical source'' means a 
     stationary source (as defined in section 112(r)(2) of the 
     Clean Air Act (42 U.S.C. 7412(r)(2))) that contains a 
     substance of concern.
       (3) Covered substance of concern.--The term ``covered 
     substance of concern'' means a substance of concern that, in 
     combination with a chemical source and other factors, is 
     designated as a high priority category by the Administrator 
     under section __04(a)(1).
       (4) Employee.--The term ``employee'' means--
       (A) a duly recognized collective bargaining representative 
     at a chemical source; or

[[Page S4721]]

       (B) in the absence of such a representative, other 
     appropriate personnel.
       (5) First responder.--The term ``first responder'' includes 
     a firefighter.
       (6) Fund.--The term ``Fund'' means the Technology 
     Transition Fund Established under section __08(a).
       (7) Safer design and maintenance.--The term ``safer design 
     and maintenance'' includes, with respect to a chemical source 
     that is within a high priority category designated under 
     section __04(a)(1), implementation, to the extent 
     practicable, of the practices of--
       (A) preventing or reducing the vulnerability of the 
     chemical source to a release of a covered substance of 
     concern through use of inherently safer technology;
       (B) reducing any vulnerability of the chemical source to a 
     release of a covered substance of concern through use of 
     well-maintained secondary containment, control, or mitigation 
     equipment;
       (C) reducing any vulnerability of the chemical source to a 
     release of a covered substance of concern by implementing 
     security measures; and
       (D) reducing the potential consequences of any 
     vulnerability of the chemical source to a release of a 
     covered substance of concern through the use of buffer zones 
     between the chemical source and surrounding populations 
     (including buffer zones between the chemical source and 
     residences, schools, hospitals, senior centers, shopping 
     centers and malls, sports and entertainment arenas, public 
     roads and transportation routes, and other population 
     centers).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (9) Security measure.--
       (A) In general.--The term ``security measure'' means an 
     action carried out to increase the security of a chemical 
     source.
       (B) Inclusions.--The term ``security measure'', with 
     respect to a chemical source, includes--
       (i) employee training and background checks;
       (ii) the limitation and prevention of access to controls of 
     the chemical source;
       (iii) protection of the perimeter of the chemical source;
       (iv) the installation and operation of an intrusion 
     detection sensor; and
       (v) a measure to increase computer or computer network 
     security.
       (10) Substance of concern.--
       (A) In general.--The term ``substance of concern'' means--
       (i) any regulated substance (as defined in section 112(r) 
     of the Clean Air Act (42 U.S.C. 7412(r))); and
       (ii) any substance designated by the Administrator under 
     section __04(a).
       (B) Exclusion.--The term ``substance of concern'' does not 
     include liquefied petroleum gas that is used as fuel or held 
     for sale as fuel at a retail facility as described in section 
     112(r)(4)(B) of the Clean Air Act (42 U.S.C. 7412(r)(4)(B)).
       (11) Unauthorized release.--The term ``unauthorized 
     release'' means--
       (A) a release from a chemical source into the environment 
     of a covered substance of concern that is caused, in whole or 
     in part, by a criminal act;
       (B) a release into the environment of a covered substance 
     of concern that has been removed from a chemical source, in 
     whole or in part, by a criminal act; and
       (C) a release or removal from a chemical source of a 
     covered substance of concern that is unauthorized by the 
     owner or operator of the chemical source.
       (12) Use of inherently safer technology.--
       (A) In general.--The term ``use of inherently safer 
     technology'', with respect to a chemical source, means use of 
     a technology, product, raw material, or practice that, as 
     compared with the technologies, products, raw materials, or 
     practices currently in use--
       (i) reduces or eliminates the possibility of a release of a 
     substance of concern from the chemical source prior to 
     secondary containment, control, or mitigation; and
       (ii) reduces or eliminates the threats to public health and 
     the environment associated with a release or potential 
     release of a substance of concern from the chemical source.
       (B) Inclusions.--The term ``use of inherently safer 
     technology'' includes input substitution, catalyst or carrier 
     substitution, process redesign (including reuse or recycling 
     of a substance of concern), product reformulation, procedure 
     simplification, and technology modification so as to--
       (i) use less hazardous substances or benign substances;
       (ii) use a smaller quantity of covered substances of 
     concern;
       (iii) reduce hazardous pressures or temperatures;
       (iv) reduce the possibility and potential consequences of 
     equipment failure and human error;
       (v) improve inventory control and chemical use efficiency; 
     and
       (vi) reduce or eliminate storage, transportation, handling, 
     disposal, and discharge of substances of concern.

     SEC. __04. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY 
                   CATEGORIES.

       (a) Designation and Regulation of High Priority 
     Categories.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Administrator, 
     in consultation with State and local agencies responsible for 
     planning for and responding to unauthorized releases and 
     providing emergency health care, shall promulgate regulations 
     to designate certain combinations of chemical sources and 
     substances of concern as high priority categories based on 
     the severity of the threat posed by an unauthorized release 
     from the chemical sources.
       (2) Factors to be considered.--In designating high priority 
     categories under paragraph (1), the Secretary and the 
     Administrator shall consider--
       (A) the severity of the harm that could be caused by an 
     unauthorized release;
       (B) the proximity to population centers;
       (C) the threats to national security;
       (D) the threats to critical infrastructure;
       (E) threshold quantities of substances of concern that pose 
     a serious threat; and
       (F) such other safety or security factors as the Secretary 
     and the Administrator determine to be appropriate.
       (3) Requirements for high priority categories.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Administrator, 
     in consultation with the United States Chemical Safety and 
     Hazard Investigation Board, and State and local agencies 
     described in paragraph (1), shall promulgate regulations to 
     require each owner and each operator of a chemical source 
     that is within a high priority category designated under 
     paragraph (1), in consultation with local law enforcement, 
     first responders, and employees, to--
       (i) conduct an assessment of the vulnerability of the 
     chemical source to a terrorist attack or other unauthorized 
     release;
       (ii) using appropriate hazard assessment techniques, 
     identify hazards that may result from an unauthorized release 
     of a covered substance of concern; and
       (iii) prepare a prevention, preparedness, and response plan 
     that incorporates the results of those vulnerability and 
     hazard assessments.
       (B) Actions and procedures.--A prevention, preparedness, 
     and response plan required under subparagraph (A)(iii) shall 
     include actions and procedures, including safer design and 
     maintenance of the chemical source, to eliminate or 
     significantly lessen the potential consequences of an 
     unauthorized release of a covered substance of concern.
       (C) Threat information.--To the maximum extent permitted by 
     applicable authorities and the interests of national 
     security, the Secretary, in consultation with the 
     Administrator, shall provide owners and operators of chemical 
     sources with threat information relevant to the assessments 
     and plans required under subsection (b).
       (4) Review and revisions.--Not later than 5 years after the 
     date of promulgation of regulations under each of paragraphs 
     (1) and (3), the Secretary and the Administrator shall review 
     the regulations and make any necessary revisions.
       (5) Addition of substances of concern.--For the purpose of 
     designating high priority categories under paragraph (1) or 
     any subsequent revision of the regulations promulgated under 
     paragraph (1), the Secretary and the Administrator may 
     designate additional substances that pose a serious threat as 
     substances of concern.
       (b) Certification.--
       (1) Vulnerability and hazard assessments.--Not later than 1 
     year after the date of promulgation of regulations under 
     subsection (a)(3), each owner and each operator of a chemical 
     source that is within a high priority category designated 
     under subsection (a)(1) shall--
       (A) certify to the Secretary that the chemical source has 
     conducted assessments in accordance with the regulations; and
       (B) submit to the Secretary written copies of the 
     assessments.
       (2) Prevention, preparedness, and response plans.--Not 
     later than 18 months after the date of promulgation of 
     regulations under subsection (a)(3), the owner or operator 
     shall--
       (A) certify to the Secretary that the chemical source has 
     completed a prevention, preparedness, and response plan that 
     incorporates the results of the assessments and complies with 
     the regulations; and
       (B) submit to the Secretary a written copy of the plan.
       (3) 5-year review.--Not later than 5 years after each of 
     the date of submission of a copy of an assessment under 
     paragraph (1) and a plan under paragraph (2), and not less 
     often than every 3 years thereafter, the owner or operator of 
     the chemical source covered by the assessment or plan, in 
     coordination with local law enforcement and first responders, 
     shall--
       (A) review the adequacy of the assessment or plan, as the 
     case may be; and
       (B)(i) certify to the Secretary that the chemical source 
     has completed the review; and
       (ii) as appropriate, submit to the Administrator any 
     changes to the assessment or plan.
       (4) Protection of information.--
       (A) Disclosure exemption.--Except with respect to 
     certifications specified in paragraphs (1) through (3) of 
     this subsection and section __05(a), all information provided 
     to the Administrator under this subsection, and all 
     information derived from that information, shall be exempt 
     from disclosure under section 552 of title 5, United States 
     Code.

[[Page S4722]]

       (B) Development of protocols.--
       (i) In general.--The Secretary, shall develop such 
     protocols as are necessary to protect the copies of the 
     assessments and plans required to be submitted under this 
     subsection (including the information contained in those 
     assessments and plans) from unauthorized disclosure.
       (ii) Requirements.--The protocols developed under clause 
     (i) shall ensure that--

       (I) each copy of an assessment or plan, and all information 
     contained in or derived from the assessment or plan, is 
     maintained in a secure location;
       (II) except as provided in subparagraph (C), only the 
     Administrator (or a designee) and individuals designated by 
     the Secretary may have access to the copies of the 
     assessments and plans; and
       (III) no copy of an assessment or plan or any portion of an 
     assessment or plan, and no information contained in or 
     derived from an assessment or plan, shall be available to any 
     person other than an individual designated by the Secretary.

       (iii) Deadline.--As soon as practicable, but not later than 
     1 year after the date of enactment of this Act, the Secretary 
     shall complete the development of protocols under clause (i) 
     so as to ensure that the protocols are in place before the 
     date on which the Secretary receives any assessment or plan 
     under this subsection.
       (C) Federal officers and employees.--An individual referred 
     to in subparagraph (B)(ii) who is an officer or employee of 
     the United States may discuss with a State or local official 
     the contents of an assessment or plan described in that 
     subparagraph.

     SEC. __05. ENFORCEMENT.

       (a) Review of Plans.--
       (1) In general.--The Secretary, in consultation with the 
     head of the Administrator, shall review each assessment and 
     plan submitted under section __04(b) to determine the 
     compliance of the chemical source covered by the assessment 
     or plan with regulations promulgated under paragraphs (1) and 
     (3) of section __04(a).
       (2) Certification of compliance.--
       (A) In general.--The Secretary shall certify in writing 
     each determination of the Secretary under paragraph (1).
       (B) Inclusions.--A certification of the Secretary shall 
     include a checklist indicating consideration by a chemical 
     source of the use of 4 elements of safer design and 
     maintenance described in subparagraphs (A) through (D) of 
     section __03(6).
       (C) Early compliance.--
       (i) In general.--The Secretary, in consultation with the 
     head of the Administrator, shall--

       (I) before the date of publication of proposed regulations 
     under section __04(a)(3), review each assessment or plan 
     submitted to the Secretary under section __04(b); and
       (II) before the date of promulgation of final regulations 
     under section __04(a)(3), determine whether each such 
     assessment or plan meets the consultation, planning, and 
     assessment requirements applicable to high priority 
     categories under section __04(a)(3).

       (ii) Affirmative determination.--If the Secretary, in 
     consultation with the Administrator, makes an affirmative 
     determination under clause (i)(II), the Secretary shall 
     certify compliance of an assessment or plan described in that 
     clause without requiring any revision of the assessment or 
     plan.
       (D) Schedule for review and certification.--
       (i) In general.--The Secretary, after taking into 
     consideration the factors described in section __04(a)(2), 
     shall establish a schedule for the review and certification 
     of assessments and plans submitted under section __04(b).
       (ii) Deadline for completion.--Not later than 3 years after 
     the deadlines for the submission of assessments and plans 
     under paragraph (1) or (2), respectively, of section __04(b), 
     the Secretary shall complete the review and certification of 
     all assessments and plans submitted under those sections.
       (b) Compliance Assistance.--
       (1) Definition of determination.--In this subsection, the 
     term ``determination'' means a determination by the Secretary 
     that, with respect to an assessment or plan described in 
     section __04(b)--
       (A) the assessment or plan does not comply with regulations 
     promulgated under paragraphs (1) and (3) of section __04(a); 
     or
       (B)(i) a threat exists beyond the scope of the submitted 
     plan; or
       (ii) current implementation of the plan is insufficient to 
     address--
       (I) the results of an assessment of a source; or
       (II) a threat described in clause (i).
       (2) Determination by secretary.--If the Secretary, after 
     consultation with the Administrator, makes a determination, 
     the Secretary shall--
       (A) notify the chemical source of the determination; and
       (B) provide such advice and technical assistance, in 
     coordination with the head of the Office and the United 
     States Chemical Safety and Hazard Investigation Board, as is 
     appropriate--
       (i) to bring the assessment or plan of a chemical source 
     described in section __04(b) into compliance; or
       (ii) to address any threat described in clause (i) or (ii) 
     of paragraph (1)(B).
       (c) Compliance Orders.--
       (1) In general.--If, after the date that is 30 days after 
     the later of the date on which the Secretary first provides 
     assistance, or a chemical source receives notice, under 
     subsection (b)(2)(B), a chemical source has not brought an 
     assessment or plan for which the assistance is provided into 
     compliance with regulations promulgated under paragraphs (1) 
     and (3) of section __04(a), or the chemical source has not 
     complied with an entry or information request under section 
     __06, the Secretary may issue an order directing compliance 
     by the chemical source.
       (2) Notice and opportunity for hearing.--An order under 
     paragraph (1) may be issued only after notice and opportunity 
     for a hearing.
       (d) Abatement Action.--
       (1) In general.--Notwithstanding a certification under 
     section __05(a)(2), if the Secretary, in consultation with 
     local law enforcement officials and first responders, 
     determines that a threat of a terrorist attack exists that is 
     beyond the scope of a submitted prevention, preparedness, and 
     response plan of 1 or more chemical sources, or current 
     implementation of the plan is insufficient to address the 
     results of an assessment of a source or a threat described in 
     subsection (b)(1)(B)(i), the Secretary shall notify each 
     chemical source of the elevated threat.
       (2) Insufficient response.--If the Secretary determines 
     that a chemical source has not taken appropriate action in 
     response to a notification under paragraph (1), the Secretary 
     shall notify the chemical source, the Administrator, and the 
     Attorney General that actions taken by the chemical source in 
     response to the notification are insufficient.
       (3) Relief.--
       (A) In general.--On receipt of a notification under 
     paragraph (2), the Secretary or the Attorney General may 
     secure such relief as is necessary to abate a threat 
     described in paragraph (1), including such orders as are 
     necessary to protect public health or welfare.
       (B) Jurisdiction.--The district court of the United States 
     for the district in which a threat described in paragraph (1) 
     occurs shall have jurisdiction to grant such relief as the 
     Secretary or Attorney General requests under subparagraph 
     (A).

     SEC. __06. RECORDKEEPING AND ENTRY.

       (a) Records Maintenance.--A chemical source that is 
     required to certify to the Secretary assessments and plans 
     under section __04 shall maintain on the premises of the 
     chemical source a current copy of those assessments and 
     plans.
       (b) Right of Entry.--In carrying out this title, the 
     Secretary or the Administrator (or an authorized 
     representative of the Secretary or the Administrator), on 
     presentation of credentials--
       (1) shall have a right of entry to, on, or through any 
     premises of an owner or operator of a chemical source 
     described in subsection (a) or any premises in which any 
     records required to be maintained under subsection (a) are 
     located; and
       (2) may at reasonable times have access to, and may copy, 
     any records, reports, or other information described in 
     subsection (a).
       (c) Information Requests.--In carrying out this title, the 
     Secretary or the Administrator may require any chemical 
     source to provide such information as is necessary to--
       (1) enforce this title; and
       (2) promulgate or enforce regulations under this title.

     SEC. __07. PENALTIES.

       (a) Civil Penalties.--Any owner or operator of a chemical 
     source that violates, or fails to comply with, any order 
     issued may, in an action brought in United States district 
     court, be subject to a civil penalty of not more than $25,000 
     for each day in which such violation occurs or such failure 
     to comply continues.
       (b) Criminal Penalties.--Any owner or operator of a 
     chemical source that knowingly violates, or fails to comply 
     with, any order issued shall--
       (1) in the case of a first violation or failure to comply, 
     be fined not less than $2,500 nor more than $25,000 per day 
     of violation, imprisoned not more than 1 year, or both; and
       (2) in the case of a subsequent violation or failure to 
     comply, be fined not more than $50,000 per day of violation, 
     imprisoned not more than 2 years, or both.
       (c) Administrative Penalties.--
       (1) Penalty orders.--If the amount of a civil penalty 
     determined under subsection (a) does not exceed $125,000, the 
     penalty may be assessed in an order issued by the Secretary.
       (2) Notice and hearing.--Before issuing an order described 
     in paragraph (1), the Secretary shall provide to the person 
     against which the penalty is to be assessed--
       (A) written notice of the proposed order; and
       (B) the opportunity to request, not later than 30 days 
     after the date on which the notice is received by the person, 
     a hearing on the proposed order.

     SEC. __08. TECHNOLOGY TRANSITION FUND.

       (a) Establishment.--The Secretary and the Administrator 
     shall establish and administer a fund to be known as the 
     ``Technology Transition Fund'', consisting of the amount 
     transferred to the Fund under subsection (c)(1).
       (b) Use of Amounts in Fund.--Amounts in the Fund shall be 
     used by the Secretary and the Administrator to provide grants 
     to chemical facilities that demonstrate financial hardship to 
     assist those chemical facilities in transitioning to use of 
     inherently safer technology.
       (c) Funding.--
       (1) In general.--Notwithstanding any other provision of 
     law, out of any funds in

[[Page S4723]]

     the Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall transfer to the Fund, for use by the Secretary 
     and the Administrator in carrying out this section, not later 
     than 30 days after the date of enactment of this Act, 
     $50,000,000.
       (2) Receipt and acceptance.--The Secretary and the 
     Administrator shall be entitled to receive, shall accept, and 
     shall use to carry out this section the funds transferred to 
     the Fund under paragraph (1), without further appropriation.
       (3) Availability of funds.--Funds transferred under 
     paragraph (1) shall remain available until expended.

     SEC. __09. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

       Nothing in this title affects any duty or other requirement 
     imposed under any other Federal or State law.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.
                                 ______
                                 
  SA 463. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

  At the appropriate place; insert the following:

     SEC.__.

  Section 501(b) of title V of division N of the Consolidated 
Appropriations Resolution, 2003 is amended--
  (1) by striking ``program authorized for the fishery in Sec. 211'' 
and inserting ``programs authorized for the fisheries in sections 211 
and 212''; and
  (2) by striking ``program in section 211'' and inserting ``programs 
in sections 211 and 212''.
                                 ______
                                 
  SA 464. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ADJUSTED PAY DIFFERENTIALS FOR FEDERAL LAW 
                   ENFORCEMENT OFFICERS.

       (a) Adjusted Differentials.--
       (1) In general.--Paragraph (1) of section 404(b) of the 
     Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 
     note) is amended by striking the matter after ``follows:'' 
     and inserting the following:

      ``Area                                               Differential
  Atlanta Consolidated Metropolitan Statistical Area............16.82% 
  Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated 
    Metropolitan Statistical Area...............................24.42% 
  Chicago-Gary-Kenosha, IL-IN-WI Consolidated Metropolitan 
    Statistical Area............................................25.68% 
  Cincinnati-Hamilton, OH-KY-IN Consolidated Metropolitan 
    Statistical Area............................................21.47% 
  Cleveland Consolidated Metropolitan Statistical Area..........17.83% 
  Columbus Consolidated Metropolitan Statistical Area...........16.90% 
  Dallas Consolidated Metropolitan Statistical Area.............18.51% 
  Dayton Consolidated Metropolitan Statistical Area.............15.97% 
  Denver-Boulder-Greeley, CO Consolidated Metropolitan Statistical 
    Area........................................................22.78% 
  Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan Statistical 
    Area........................................................25.61% 
  Hartford, CT Consolidated Metropolitan Statistical Area.......24.47% 
  Houston-Galveston-Brazoria, TX Consolidated Metropolitan 
    Statistical Area............................................30.39% 
  Huntsville Consolidated Metropolitan Statistical Area.........13.29% 
  Indianapolis Consolidated Metropolitan Statistical Area.......13.38% 
  Kansas City Consolidated Metropolitan Statistical Area........14.11% 
  Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan 
    Statistical Area............................................27.25% 
  Miami-Fort Lauderdale, FL Consolidated Metropolitan Statistical 
    Area........................................................21.75% 
  Milwaukee Consolidated Metropolitan Statistical Area..........17.45% 
  Minneapolis-St. Paul, MN-WI Consolidated Metropolitan Statistical 
    Area........................................................20.27% 
  New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated 
    Metropolitan Statistical Area...............................27.11% 
  Orlando, FL Consolidated Metropolitan Statistical Area........14.22% 
  Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD Consolidated 
    Metropolitan Statistical Area...............................21.03% 
  Pittsburgh Consolidated Metropolitan Statistical Area.........14.89% 
  Portland-Salem, OR-WA Consolidated Metropolitan Statistical Ar20.96% 
  Richmond Consolidated Metropolitan Statistical Area...........16.46% 
  Sacramento-Yolo, CA Consolidated Metropolitan Statistical Area20.77% 
  San Diego, CA Consolidated Metropolitan Statistical Area......22.13% 
  San Francisco-Oakland-San Jose, CA Consolidated Metropolitan 
    Statistical Area............................................32.98% 
  Seattle-Tacoma-Bremerton, WA Consolidated Metropolitan Statistical 
    Area........................................................21.18% 
  St. Louis Consolidated Metropolitan Statistical Area..........14.69% 
  Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan 
    Statistical Area............................................19.48% 
  Rest of United States Consolidated Metropolitan Statistical 14.19%''.

       (2) Special rules.--For purposes of the provision of law 
     amended by paragraph (1)--
       (A) the counties of Providence, Kent, Washington, Bristol, 
     and Newport, RI, the counties of York and Cumberland, ME, and 
     the city of Concord, NH, shall be treated as if located in 
     the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated 
     Metropolitan Statistical Area; and
       (B) members of the Capitol Police shall be considered to be 
     law enforcement officers within the meaning of section 402 of 
     the Federal Law Enforcement Pay Reform Act of 1990.
       (3) Effective date.--The amendment made by paragraph (1)--
       (A) shall take effect as if included in the Federal Law 
     Enforcement Pay Reform Act of 1990 on the date of the 
     enactment of such Act; and
       (B) shall be effective only with respect to pay for service 
     performed in pay periods beginning on or after the date of 
     the enactment of this Act.

     Paragraph (2) shall be applied in a manner consistent with 
     the preceding sentence.
       (b) Separate Pay, Evaluation, and Promotion System for 
     Federal Law Enforcement Officers.--
       (1) Study.--Not later than 6 months after the date of the 
     enactment of this Act, the Office of Personnel Management 
     shall study and submit to Congress a report which shall 
     contain its findings and recommendations regarding the need 
     for, and the potential benefits to be derived from, the 
     establishment of a separate pay, evaluation, and promotion 
     system for Federal law enforcement officers. In carrying out 
     this paragraph, the Office of Personnel Management shall take 
     into account the findings and recommendations contained in 
     the September 1993 report of the Office entitled ``A Plan to 
     Establish a New Pay and Job Evaluation System for Federal Law 
     Enforcement Officers''.
       (2) Demonstration project.--
       (A) In general.--If, after completing its report under 
     paragraph (1), the Office of Personnel Management considers 
     it to be appropriate, the Office shall implement, within 12 
     months after the date of the enactment of this Act, a 
     demonstration project to determine whether a separate system 
     for Federal law enforcement officers (as described in 
     paragraph (1)) would result in improved Federal personnel 
     management.
       (B) Applicable provisions.--Any demonstration project under 
     this paragraph shall be conducted in accordance with the 
     provisions of chapter 47 of title 5, United States Code, 
     except that a project under this paragraph shall not be taken 
     into account for purposes of the numerical limitation under 
     section 4703(d)(2) of such title.
       (C) Permanent changes.--Not later than 6 months before the 
     demonstration project's scheduled termination date, the 
     Office of Personnel Management shall submit to Congress--
       (i) its evaluation of the system tested under the 
     demonstration project; and
       (ii) recommendations as to whether or not that system (or 
     any aspects of that system) should be continued or extended 
     to other Federal law enforcement officers.
       (3) Federal law enforcement officer defined.--In this 
     subsection, the term ``Federal law enforcement officer'' 
     means a law enforcement officer as defined under section 
     8331(20) or 8401(17) of title 5, United States Code.
       (c) Limitation on Premium Pay.--
       (1) In general.--Section 5547 of title 5, United States 
     Code, is amended--
       (A) in subsection (a), by striking ``5545a,'';
       (B) in subsection (c), by striking ``or 5545a''; and
       (C) in subsection (d), by striking the period and inserting 
     ``or a criminal investigator who is paid availability pay 
     under section 5545a.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the enactment of section 
     1114 of the National Defense Authorization Act for Fiscal 
     Year 2002 (Public Law 107-107; 115 Stat. 1239).
       (d) Appropriations.--There are appropriated out of any 
     money in the Treasury not otherwise appropriated for the 
     fiscal year ending September 30, 2003, $125,000,000, for 
     purposes of subsection (a) of this section.

[[Page S4724]]

                                 ______
                                 
  SA 465. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       In chapter 6 of title I under the heading ``Border and 
     Transportation Security'' under the heading ``office for 
     domestic preparedness'', increase the amount appropriated by 
     $150,000,000.
       In chapter 6 of title I, add at the end the following:

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 601. (a) Availability of Funds for Fire Prevention and 
     Control.--Of the amount appropriated by this chapter under 
     the heading ``Border and Transportation Security'' under the 
     heading ``office for domestic preparedness'', $150,000,000 
     shall be available to carry out activities under section 33 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229).
       (b) Relationship to Other Funds.--The amount available 
     under subsection (a) for the activities referred to in that 
     subsection is in addition to any other amounts available in 
     fiscal year 2003 for such activities.
                                 ______
                                 
  SA 466. Mr. SMITH (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the bill S. 762, making supplemental 
appropriations to support Department of Defense operations in Iraq, 
Department of Homeland Security, and Related Efforts for the fiscal 
year ending September 30, 2003, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 89, between lines 4 and 5, insert the following:

                 TITLE V--GENERAL PROVISIONS, THIS ACT

       Sec. 501. (a) None of the funds made available during 
     fiscal year 2003 by this or any other Act may be made 
     available to the Government of the Russian Federation unless 
     the President determines and certifies in writing to the 
     appropriate congressional committees that such Government is 
     not enforcing any statute, executive order, regulation, or 
     other government policy that would discriminate, or would 
     have as its principal effect discrimination, against a 
     religious group or a religious community in violation of an 
     international agreement on human rights or religious freedoms 
     to which the Russian Federation is a party.
       (b) In this section the term ``appropriate congressional 
     committees'' means the Committee on Appropriations and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives.
       (c) The prohibition in subsection (a) shall take effect on 
     the date that is 45 days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 467. Mr. KYL (for himself and Mr. Campbell) submitted an amendment 
intended to be proposed by him to the bill S. 762, making supplemental 
appropriations to support Department of Defense operations in Iraq, 
Department of Homeland Security, and Related Efforts for the fiscal 
year ending September 30, 2003, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 89, between lines 4 and 5, insert the following:

                 TITLE V--GENERAL PROVISIONS, THIS ACT


 prohibition on providing funds for reconstruction in iraq to entities 
     from countries that did not publicly support a united nations 
            resolution authorizing the use of force in iraq

       Sec. 501. (a) No funds made available in this Act for 
     purposes of reconstruction in Iraq may be provided, directly 
     or indirectly through a subcontract or otherwise, to a person 
     that is a resident of or is organized under the laws of a 
     country that did not publicly commit to vote in favor of the 
     draft resolution introduced in the United Nations Security 
     Council by the United Kingdom, Spain, and the United States 
     on March 7, 2003.
       (b) The President may waive the prohibition described in 
     subsection (a) for a person if the President determines 
     that--
       (1) such person possesses unique capabilities or expertise 
     that are critical to the reconstruction of Iraq; and
       (2) it is in the national interest of the United States to 
     grant the waiver.
                                 ______
                                 
  SA 468. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 42, strike lines 16 through 22.
                                 ______
                                 
  SA 469. Mr. FRIST (for Ms. Collins (for herself, Mr. Carper, and Mr. 
Lieberman)) proposed an amendment to the bill S. 280, to amend chapter 
83 of title 5, United States Code, to reform the funding of benefits 
under the Civil Service Retirement System for employees of the United 
States Postal Service, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Postal Civil Service 
     Retirement System Funding Reform Act of 2003''.

     SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

       (a) Definitions.--Section 8331 of title 5, United States 
     Code, is amended--
       (1) in paragraph (17)--
       (A) by striking `` `normal cost' '' and inserting `` 
     `normal-cost percentage' ''; and
       (B) by inserting ``and standards (using dynamic 
     assumptions)'' after ``practice'';
       (2) by amending paragraph (18) to read as follows:
       ``(18) `Fund balance' means the current net assets of the 
     Fund available for payment of benefits, as determined by the 
     Office in accordance with appropriate accounting standards, 
     but does not include any amount attributable to--
       ``(A) the Federal Employees' Retirement System; or
       ``(B) contributions made under the Federal Employees' 
     Retirement Contribution Temporary Adjustment Act of 1983 by 
     or on behalf of any individual who became subject to the 
     Federal Employees' Retirement System;''; and
       (3) by striking ``and'' at the end of paragraph (27), by 
     striking the period at the end of paragraph (28) and 
     inserting ``; and'', and by adding at the end the following:
       ``(29) `dynamic assumptions' means economic assumptions 
     that are used in determining actuarial costs and liabilities 
     of a retirement system and in anticipating the effects of 
     long-term future--
       ``(A) investment yields;
       ``(B) increases in rates of basic pay; and
       ``(C) rates of price inflation.''.
       (b) Deductions and Contributions.--
       (1) In general.--Section 8334(a)(1) of title 5, United 
     States Code, is amended--
       (A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
       (B) by designating the matter following the first sentence 
     as subparagraph (B)(i) and aligning the text accordingly;
       (C) in subparagraph (B)(i) (as so designated by 
     subparagraph (B)), by striking ``An equal'' and inserting 
     ``Except as provided in clause (ii), an equal''; and
       (D) by adding at the end the following:
       ``(ii) In the case of an employee of the United States 
     Postal Service, the amount to be contributed under this 
     subparagraph shall (instead of the amount described in clause 
     (i)) be equal to the product derived by multiplying the 
     employee's basic pay by the percentage equal to--
       ``(I) the normal-cost percentage for the applicable 
     employee category listed in subparagraph (A), minus
       ``(II) the percentage deduction rate that applies with 
     respect to such employee under subparagraph (A).''.
       (2) Conforming amendments.--Section 8334(k) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1)(A), by striking ``the first sentence 
     of subsection (a)(1) of this section'' and inserting 
     ``subsection (a)(1)(A)'';
       (B) in paragraph (1)(B)--
       (i) by striking ``the second sentence of subsection (a)(1) 
     of this section'' and inserting ``subparagraph (B) of 
     subsection (a)(1)''; and
       (ii) by striking ``such sentence'' and inserting ``such 
     subparagraph''; and
       (C) in paragraph (2)(C)(iii), by striking ``the first 
     sentence of subsection (a)(1)'' and inserting ``subsection 
     (a)(1)(A)''.
       (c) Postal Supplemental Liability.--Subsection (h) of 
     section 8348 of title 5, United States Code, is amended to 
     read as follows:
       ``(h)(1)(A) For purposes of this subsection, `Postal 
     supplemental liability' means the estimated excess, as 
     determined by the Office, of--
       ``(i) the actuarial present value of all future benefits 
     payable from the Fund under this subchapter attributable to 
     the service of current or former employees of the United 
     States Postal Service, over
       ``(ii) the sum of--
       ``(I) the actuarial present value of deductions to be 
     withheld from the future basic pay of employees of the United 
     States Postal Service currently subject to this subchapter 
     pursuant to section 8334;
       ``(II) the actuarial present value of the future 
     contributions to be made pursuant to section 8334 with 
     respect to employees of the United States Postal Service 
     currently subject to this subchapter;
       ``(III) that portion of the Fund balance, as of the date 
     the Postal supplemental liability is determined, attributable 
     to payments to the Fund by the United States Postal Service 
     and its employees, including earnings on those payments; and
       ``(IV) any other appropriate amount, as determined by the 
     Office in accordance with generally accepted actuarial 
     practices and principles.
       ``(B)(i) In computing the actuarial present value of future 
     benefits, the Office shall include the full value of benefits 
     attributable to military and volunteer service for United

[[Page S4725]]

     States Postal Service employees first employed after June 30, 
     1971, and a prorated share of the value of benefits 
     attributable to military and volunteer service for United 
     States Postal Service employees first employed before July 1, 
     1971.
       ``(ii) Military service so included shall not be included 
     in the computation of any amount under subsection (g)(2).
       ``(2)(A) Not later than June 30, 2004, the Office shall 
     determine the Postal supplemental liability as of September 
     30, 2003. The Office shall establish an amortization 
     schedule, including a series of equal annual installments 
     commencing September 30, 2004, which provides for the 
     liquidation of such liability by September 30, 2043.
       ``(B) The Office shall redetermine the Postal supplemental 
     liability as of the close of the fiscal year, for each fiscal 
     year beginning after September 30, 2003, through the fiscal 
     year ending September 30, 2038, and shall establish a new 
     amortization schedule, including a series of equal annual 
     installments commencing on September 30 of the subsequent 
     fiscal year, which provides for the liquidation of such 
     liability by September 30, 2043.
       ``(C) The Office shall redetermine the Postal supplemental 
     liability as of the close of the fiscal year for each fiscal 
     year beginning after September 30, 2038, and shall establish 
     a new amortization schedule, including a series of equal 
     annual installments commencing on September 30 of the 
     subsequent fiscal year, which provides for the liquidation of 
     such liability over 5 years.
       ``(D) Amortization schedules established under this 
     paragraph shall be set in accordance with generally accepted 
     actuarial practices and principles, with interest computed at 
     the rate used in the most recent dynamic actuarial valuation 
     of the Civil Service Retirement System.
       ``(E) The United States Postal Service shall pay the 
     amounts so determined to the Office, with payments due not 
     later than the date scheduled by the Office.
       ``(F) An amortization schedule established under 
     subparagraph (B) or (C) shall supersede any amortization 
     schedule previously established under this paragraph.
       ``(3) Notwithstanding any other provision of law, in 
     computing the amount of any payment under any other 
     subsection of this section that is based upon the amount of 
     the unfunded liability, such payment shall be computed 
     disregarding that portion of the unfunded liability that the 
     Office determines will be liquidated by payments under this 
     subsection.
       ``(4) Notwithstanding any other provision of this 
     subsection, any determination or redetermination made by the 
     Office under this subsection shall, upon request of the 
     Postal Service, be subject to reconsideration and review 
     (including adjustment by the Board of Actuaries of the Civil 
     Service Retirement System) to the same extent and in the same 
     manner as provided under section 8423(c).''.
       (d) Repeals.--
       (1) In general.--The following provisions of law are 
     repealed:
       (A) Subsection (m) of section 8348 of title 5, United 
     States Code.
       (B) Subsection (c) of section 7101 of the Omnibus Budget 
     Reconciliation Act of 1990 (5 U.S.C. 8348 note).
       (2) Rule of construction.--Nothing in this subsection shall 
     be considered to affect any payments made before the date of 
     the enactment of this Act under either of the provisions of 
     law repealed by paragraph (1).
       (e) Military Service Proposals.--
       (1) Proposals.--The United States Postal Service, the 
     Department of the Treasury, and the Office of Personnel 
     Management shall, by September 30, 2003, each prepare and 
     submit to the President, the Congress, and the General 
     Accounting Office proposals detailing whether and to what 
     extent the Department of the Treasury or the Postal Service 
     should be responsible for the funding of benefits 
     attributable to the military service of current and former 
     employees of the Postal Service that, prior to the date of 
     the enactment of this Act, were provided for under section 
     8348(g)(2) of title 5, United States Code.
       (2) GAO review and report.--Not later than 60 days after 
     the Postal Service, the Department of the Treasury, and the 
     Office of Personnel Management have submitted their proposals 
     under paragraph (1), the General Accounting Office shall 
     prepare and submit a written evaluation of each such proposal 
     to the Committee on Government Reform of the House of 
     Representatives and the Committee on Governmental Affairs of 
     the Senate.

     SEC. 3. DISPOSITION OF SAVINGS ACCRUING TO THE UNITED STATES 
                   POSTAL SERVICE.

       (a) In General.--Savings accruing to the United States 
     Postal Service as a result of the enactment of this Act--
       (1) shall, to the extent that such savings are attributable 
     to fiscal year 2003 or 2004, be used to reduce the postal 
     debt (in consultation with the Secretary of the Treasury), 
     and the Postal Service shall not incur additional debt to 
     offset the use of the savings to reduce the postal debt in 
     fiscal years 2003 and 2004;
       (2) shall, to the extent that such savings are attributable 
     to fiscal year 2005, be used to continue holding postage 
     rates unchanged and to reduce the postal debt, to such extent 
     and in such manner as the Postal Service shall specify (in 
     consultation with the Secretary of the Treasury); and
       (3) to the extent that such savings are attributable to any 
     fiscal year after fiscal year 2005, shall be considered to be 
     operating expenses of the Postal Service and, until otherwise 
     provided for by law, shall be held in escrow and may not be 
     obligated or expended.
       (b) Amounts Saved.--
       (1) In general.--The amounts representing any savings 
     accruing to the Postal Service in any fiscal year as a result 
     of the enactment of this Act shall be computed by the Office 
     of Personnel Management for each such fiscal year in 
     accordance with paragraph (2).
       (2) Methodology.--Not later than July 31, 2003, the Office 
     of Personnel Management shall--
       (A) formulate a plan specifically enumerating the actuarial 
     methods and assumptions by which the Office shall make its 
     computations under paragraph (1); and
       (B) submit such plan to the Committee on Government Reform 
     of the House of Representatives and the Committee on 
     Governmental Affairs of the Senate.
       (3) Requirements.--The plan shall be formulated in 
     consultation with the Postal Service and shall include the 
     opportunity for the Postal Service to request reconsideration 
     of computations under this subsection, and for the Board of 
     Actuaries of the Civil Service Retirement System to review 
     and make adjustments to such computations, to the same extent 
     and in the same manner as provided under section 8423(c) of 
     title 5, United States Code.
       (c) Reporting Requirement.--The Postal Service shall 
     include in each report rendered under section 2402 of title 
     39, United States Code, the amount applied toward reducing 
     the postal debt, and the size of the postal debt before and 
     after the application of subsection (a), during the period 
     covered by such report.
       (d) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the savings accruing to the Postal Service as a result 
     of the enactment of this Act will be sufficient to allow the 
     Postal Service to fulfill its commitment to hold postage 
     rates unchanged until at least 2006;
       (2) because the Postal Service still faces substantial 
     obligations related to postretirement health benefits for its 
     current and former employees, some portion of the savings 
     referred to in paragraph (1) should be used to address those 
     unfunded obligations; and
       (3) none of the savings referred to in paragraph (1) should 
     be used in the computation of any bonuses for Postal Service 
     executives.
       (e) Postal Service Proposal.--
       (1) In general.--The United States Postal Service shall, by 
     September 30, 2003, prepare and submit to the President, the 
     Congress, and the General Accounting Office its proposal 
     detailing how any savings accruing to the Postal Service as a 
     result of the enactment of this Act, which are attributable 
     to any fiscal year after fiscal year 2005, should be 
     expended.
       (2) Matters to consider.--In preparing its proposal under 
     this subsection, the Postal Service shall consider--
       (A) whether, and to what extent, those future savings 
     should be used to address--
       (i) debt repayment;
       (ii) prefunding of postretirement healthcare benefits for 
     current and former postal employees;
       (iii) productivity and cost saving capital investments;
       (iv) delaying or moderating increases in postal rates; and
       (v) any other matter; and
       (B) the work of the President's Commission on the United 
     States Postal Service under section 5 of Executive Order 
     13278 (67 Fed. Reg. 76672).
       (3) GAO review and report.--Not later than 60 days after 
     the Postal Service submits its proposal pursuant to paragraph 
     (1), the General Accounting Office shall prepare and submit a 
     written evaluation of such proposal to the Committee on 
     Government Reform of the House of Representatives and the 
     Committee on Governmental Affairs of the Senate.
       (4) Legislative action.--Not later than 180 days after it 
     has received both the proposal of the Postal Service and the 
     evaluation of such proposal by the General Accounting Office 
     under this subsection, Congress shall revisit the question of 
     how the savings accruing to the Postal Service as a result of 
     the enactment of this Act should be used.
       (f) Determination and Disposition of Surplus.--
       (1) In general.--If, as of the date under paragraph (2), 
     the Office of Personnel Management determines (after 
     consultation with the Postmaster General) that the 
     computation under section 8348(h)(1)(A) of title 5, United 
     States Code, yields a negative amount (hereinafter referred 
     to as a ``surplus'')--
       (A) the Office shall inform the Postmaster General of its 
     determination, including the size of the surplus so 
     determined; and
       (B) the Postmaster General shall submit to the Congress a 
     report describing how the Postal Service proposes that such 
     surplus be used, including a draft of any legislation that 
     might be necessary.
       (2) Determination date.--The date to be used for purposes 
     of paragraph (1) shall be September 30, 2025, or such earlier 
     date as, in the judgment of the Office, is the date by which 
     all postal employees under the Civil Service Retirement 
     System will have retired.
       (g) Definitions.--For purposes of this section--

[[Page S4726]]

       (1) the savings accruing to the Postal Service as a result 
     of the enactment of this Act shall, for any fiscal year, be 
     equal to the amount (if any) by which--
       (A) the contributions that the Postal Service would 
     otherwise have been required to make to the Civil Service 
     Retirement and Disability Fund for such fiscal year if this 
     Act had not been enacted, exceed
       (B) the contributions made by the Postal Service to such 
     Fund for such fiscal year; and
       (2) the term ``postal debt'' means the outstanding 
     obligations of the Postal Service, as determined under 
     chapter 20 of title 39, United States Code.

     SEC. 4. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall become 
     effective on the date of the enactment of this Act, except 
     that the amendments made by section 2(b) shall apply with 
     respect to pay periods beginning on or after such date.
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  SA 470. Mr. BAYH submitted an amendment intended to be proposed to 
the bill S. 762, making supplemental appropriations to support 
Department of Defense operations in Iraq, Department of Homeland 
Security, and Related Efforts for the fiscal year ending September 30, 
2003, and for other purposes; as follows:

       In chapter 3 of title I, add at the end the following:
       Sec. 314. Of the amount appropriated by this chapter under 
     the heading ``OPERATION AND MAINTENANCE'' under the heading 
     ``Operation and Maintenance, Army'', $6,000,000 shall be 
     available for the reactivation of two bomb lines at Crane 
     Army Ammunition Activity, Indiana, in order to provide 
     additional support and production for the Joint Munitions 
     command bomb manufacturing capability.

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