[Congressional Record Volume 151, Number 112 (Friday, September 9, 2005)]
[Senate]
[Pages S9879-S9887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1672. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. WAIVER OF LICENSING AND CERTIFICATION REQUIREMENTS 
                   APPLICABLE TO CERTAIN HEALTH PROFESSIONALS.

       (a) In General.--Notwithstanding any other provision of 
     law, an eligible health professional may provide health-
     related services under the medicare, medicaid, or SCHIP 
     program under title XVIII, XIX, or XXI of the Social Security 
     Act (42 U.S.C. 1395 et seq., 1396 et seq., and 1397 et seq.), 
     regardless of the licensing or certification laws of the 
     State in which such services are being provided, during the 
     90-day period that begins on the date of enactment of this 
     Act.
       (b) Eligible Health Professional.--To be eligible to 
     provide health-related services in a State during the period 
     referred to in subsection (a) without State licensure or 
     certification, a health professional shall--
       (1) be a physician, nurse, dentist, pharmacist, mental 
     health professional, or allied health profession, or any 
     other professional determined appropriate by the Secretary of 
     Health and Human Services;
       (2) have a valid license from, or be certified in, at least 
     one of the States affected by Hurricane Katrina, as described 
     in subsection (c), and not be affirmatively barred from 
     practicing in that State; and
       (3) have applied for a license or certification in the 
     State in which such professional will provide the health-
     related services under subsection (a) without State licensure 
     or certification.
       (c) States Described.--The States described in this 
     subsection are those States covered by the declarations of 
     the President, pursuant to the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act, on August 24, 2005 
     (Florida), on August 29, 2005 (Alabama, Louisiana, and 
     Mississippi), and on September 2, 2005 (Texas), all due to 
     Hurricane Katrina.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as altering or affecting any procedures adopted by 
     State health professional licensing or certification boards 
     relating to waivers of licensing and certification 
     requirements for health professionals affected by Hurricane 
     Katrina.
                                 ______
                                 
  SA 1673. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes, as 
follows:

       On page 121, line 19, after ``curity,'' insert the 
     following;
       ``of which $152,546,000 shall be for national security 
     infrastructure;''.
                                 ______
                                 
  SA 1674. Mr. SHELBY (for Ms. Mikulski) proposed an amendment to the 
bill H.R. 2862. making appropriations for Science, the Departments of 
State, Justice and Commerce, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       Page 162, line 23, after the word ``mission,'' add the 
     following ``$371,600,000 for the Webb Space Telescope to be 
     launched no later than 2013,''
                                 ______
                                 
  SA 1675. Mr. SHELBY (for Mr. Burns) proposed an amendment to the bill 
H.R. 2862. making appropriations for Science, the Departments of State, 
Justice and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:
       ``Notwithstanding any other provision of this Act, no funds 
     appropriated under this act shall be used to register, issue, 
     transfer, or enforce any trademark of the phrase ``Last Best 
     Place''.''
                                 ______
                                 
  SA 1676. Mr. SHELBY (for himself and Mr. Baucus) proposed an 
amendment to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 190, between lines 14 and 15, insert the following:
       Sec. 5___. (a) For the period beginning on October 1, 2005, 
     and ending on April 1, 2006, none of the funds made available 
     by this or any other Act may be used to pay the salaries or 
     expenses of any employee of any agency or office to implement 
     any change to part 302, 303, 306, or 318 of title 13, Code of 
     Federal Regulations (as in effect on December 14, 1999), 
     pursuant to the interim final rule published August 11, 2005 
     (70 Fed. Reg. 47002; relating to the implementation of, and 
     regulatory revision under, the Economic Development 
     Reauthorization Act (Public Law 108-373; 118 Stat. 1756)).
       (b) Notwithstanding the interim final rule described in 
     subsection (a), the public comment period with respect to 
     parts 302, 303, 306, and 318 of title 13, Code of Federal 
     Regulations, shall be not less than 30 days.
                                 ______
                                 
  SA 1677. Mr. SHELBY (for Mr. Talent (for himself, Mrs. Feinstein, and 
Mr. Frist)) proposed an amendment to the bill H.R. 2862, making 
appropriations for Sceince, the Departments of State, Justice, and 
Commerce, and related agencies for the fiscal year ending September 30, 
2006, and for other purposes; as follows:

       At the end of the bill, add the following:

                      TITLE VII--METHAMPHETAMINES

     SECTION 701. SHORT TITLE.

       This title may be cited as the ``Combat Meth Act of 2005''.

[[Page S9880]]

          Subtitle A--Amendments to Controlled Substances Act

     SEC. 710. PSEUDOEPHEDRINE AND EPHEDRINE AMENDMENTS TO 
                   CONTROLLED SUBSTANCES ACT.

       (a) Addition of Pseudoephedrine and Ephedrine to Schedule 
     V.--The matter under schedule V in section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) is amended by 
     adding at the end the following:
       ``(6) Any detectable quantity of pseudoephedrine or 
     ephedrine, their salts or optical isomers, or salts of 
     optical isomers.''.
       (b) Prescriptions.--Section 309(c) of the Controlled 
     Substances Act (21 U.S.C. 829(c)) is amended--
       (1) by striking ``No controlled substance'' and inserting 
     the following:
       ``(1) In general.--No controlled substance''; and
       (2) by adding at the end the following:
       ``(2) Retail distributors and pharmacies.--If a controlled 
     substance described in paragraph (6) of schedule V is 
     dispensed or sold at retail by a retail distributor or a 
     pharmacy, the retail distributor or pharmacy shall ensure the 
     following:
       ``(A) Qualifications of dispenser.--The substance shall be 
     dispensed or sold at retail only by practitioner, pharmacist, 
     or an individual under the supervision of a pharmacist as 
     permitted by the State.
       ``(B) Requirements for purchaser.--Any person purchasing, 
     receiving, or otherwise acquiring any such substance shall, 
     prior to taking possession--
       ``(i) provide an approved Federal or State-issued photo 
     identification or an alternative form of identification 
     authorized by the Attorney General; and
       ``(ii) sign or make an entry in a written or electronic log 
     that conforms with the regulations under paragraph (4) 
     documenting--

       ``(I) the date of the transaction;
       ``(II) the name of the person; and
       ``(III) the name and the amount of the controlled substance 
     described in paragraph (6) of schedule V purchased, received, 
     or otherwise acquired.

       ``(C) Limitation on amount of purchase.--No person shall 
     purchase, receive, or otherwise acquire more than 7.5 grams 
     of a controlled substance described in paragraph (6) of 
     schedule V within any 30-day period.
       ``(3) Exemptions.--
       ``(A) In general.--The Attorney General, by rule, may 
     exempt a product from paragraph (6) of schedule V if the 
     Attorney General determines that the product cannot be used 
     in the illegal manufacture of methamphetamine or any other 
     controlled dangerous substance.
       ``(B) Different formulation.--
       ``(i) In general.--The Attorney General, upon the 
     application of a manufacturer of a drug product, may exempt a 
     product from paragraph (6) of schedule V if the Attorney 
     General determines that the product has been formulated in 
     such a way as to effectively prevent the conversion of the 
     active ingredient into methamphetamine.
       ``(ii) Sense of congress.--It is the sense of Congress that 
     the Secretary of Health and Human Services should consider a 
     product under clause (i) to be subject to the performance 
     goals established by the Commissioner of Food and Drugs for 
     priority drugs.
       ``(C) Special exceptions.--The Attorney General, by rule, 
     may authorize the sale of a controlled substance described in 
     paragraph (6) of schedule V by persons other than a 
     practitioner, and at a location other than a pharmacy if--
       ``(i) the Attorney General--

       ``(I) determines that the retail facility is located within 
     a commercial service airport, and sells the substance 
     packaged in liquid and liquid filled gelcaps only, each 
     single sales package containing not more than 360 mg, per 
     person, in a 24 hour period; or
       ``(II) has issued an alternate place of sale license to the 
     retail location and has issued an alternate dispenser license 
     to the person authorized to make the sale under subsections 
     (i) and (j) of section 303, respectively;

       ``(ii) the person dispensing the controlled substance 
     described in paragraph (6) of schedule V follows the 
     procedures set forth in this Act; and
       ``(iii) the person authorized under section 303(i) 
     dispensing the controlled substance described in paragraph 
     (6) of schedule V provides notification, in writing, of the 
     intention to dispense such substance pursuant to a special 
     exception under this subparagraph to each State and local law 
     enforcement authority with jurisdiction to investigate crimes 
     involving controlled substances at such location.
       ``(D) Prescriptions.--The limit described in paragraph 
     (2)(C) shall not apply to any quantity of such substance 
     dispensed under a valid prescription.
       ``(4) Regulations.--
       ``(A) Rules for logs.--
       ``(i) In general.--The Attorney General shall promulgate 
     rules and regulations--

       ``(I) prescribing the content and format of the log 
     required in paragraph (2)(B)(ii);
       ``(II) establishing the manner in which the information in 
     the log required in paragraph (2)(B)(ii) shall be reported to 
     law enforcement authorities; and
       ``(III) prohibiting accessing, using, or sharing the 
     information in the log for any purpose other than to ensure 
     compliance with this Act or to facilitate a product recall 
     necessary to protect public health and safety.

       ``(ii) Misrepresentation warning.--The rules and 
     regulations under clause (i) shall require that the log 
     explain the potential consequences of false statements or 
     misrepresentations, including requiring that the following 
     statement is prominently presented: `NOTE: PENALTY FOR 
     MISREPRESENTATION--Any misrepresentation (by omission or 
     concealment, or by misleading, false, or partial answers may 
     result in prosecution pursuant to section 1001 of title 18, 
     United States Code, which makes it a criminal offense, 
     punishable by a maximum of 5 years imprisonment, $10,000 
     fine, or both, knowingly and willfully to make a false 
     statement or representation to any Department or Agency of 
     the United States as to any matter within the jurisdiction of 
     any Department or Agency of the United States.'
       ``(B) Alternate identification.--The Attorney General shall 
     promulgate rules and regulations authorizing the acceptance 
     of an alternate form of identification under paragraph 
     (2)(B)(i) to be used electronically.
       ``(5) Good faith protection.--A retailer who in good faith 
     releases information maintained under this subsection for 
     purposes of compliance with this Act to a law enforcement or 
     regulatory authority established pursuant to Federal or State 
     law is immune from civil liability unless the release 
     constitutes gross negligence or intentional, wanton, or 
     willful misconduct.''.
       (c) Alternate Place of Sales and Dispensers.--Section 303 
     of the Controlled Substances Act (21 U.S.C. 823) is amended 
     by adding at the end the following:
       ``(i) Alternate Place of Sales Licenses.--
       ``(1) In general.--The Attorney General shall register an 
     applicant to dispense a controlled substance described in 
     paragraph (6) of schedule V at a location other than a 
     pharmacy if the Attorney General determines that such 
     registration is consistent with the public interest.
       ``(2) Considerations.--In determining the public interest, 
     the Attorney General shall consider--
       ``(A) the applicant's maintenance of effective controls 
     against diversion of the controlled substance described in 
     paragraph (6) of schedule V into other than legitimate 
     channels equivalent to that of a pharmacy;
       ``(B) the applicant's compliance with applicable State and 
     local law, including holding a valid license issued by an 
     appropriate State authority evidencing compliance with 
     subparagraph (A);
       ``(C) the applicant's prior conviction record under Federal 
     and State laws; and
       ``(D) such other factors as may be relevant to and 
     consistent with the public health and safety, including 
     accessibility to rural consumers.
       ``(3) State licenses.--If an applicant under paragraph (1) 
     does not have a valid State license as described in paragraph 
     (2)(B), the Attorney General shall not register the applicant 
     for a license under this subsection.
       ``(j) Alternate Dispenser Licenses.--
       ``(1) In general.--The Attorney General shall register an 
     applicant, other than a practitioner, to dispense a 
     controlled substance described in paragraph (6) of schedule V 
     at a location other than a pharmacy if the Attorney General 
     determines that such registration is consistent with the 
     public interest.
       ``(2) Considerations.--In determining the public interest, 
     the Attorney General shall consider--
       ``(A) the applicant's compliance with applicable State and 
     local law, including holding a license issued by an 
     appropriate State authority evidencing a degree of 
     suitability to dispense the controlled substance described in 
     paragraph (6) of schedule V equivalent to that of a 
     practitioner;
       ``(B) the applicant's prior conviction record under Federal 
     and State laws; and
       ``(C) such other factors as may be relevant to and 
     consistent with the public health and safety, including 
     accessibility to rural consumers.
       ``(3) State licenses.--If an applicant under paragraph (1) 
     does not have a valid State license as described in paragraph 
     (2)(B), the Attorney General shall not register the applicant 
     for a license under this subsection.''.
       (d) Theft Prevention.--Notwithstanding paragraph (6) of 
     schedule V of section 202 of the Controlled Substances Act 
     (21 U.S.C. 812), as added by subsection (a), persons 
     registered with the Drug Enforcement Administration to 
     manufacture or distribute controlled substances shall 
     maintain adequate security and provide effective controls and 
     procedures to guard against theft and diversion, but shall 
     not otherwise be required to meet the meet the storage, 
     reporting, recordkeeping, or physical security control 
     requirements (such as a cage or vault) for controlled 
     substances in schedule V containing pseudoephedrine or 
     ephedrine.
       (e) State Penalties and Pediatric Products.--Nothing in 
     this Act shall be construed to--
       (1) prevent a State or political subdivision of a State 
     from adopting and enforcing penalties that are different 
     from, in addition to, or otherwise not identical with, the 
     penalties that apply under the Controlled Substances Act (28 
     U.S.C. 801 et seq.); or
       (2) prevent a State or political subdivision of a State 
     from permitting the sale of pediatric products containing 
     pseudoephedrine or ephedrine, their salts or optical isomers, 
     or salts of optical isomers where the pediatric product--
       (A) is primarily intended for administration, according to 
     label instructions, to children under 12 years of age and 
     either--

[[Page S9881]]

       (i) in solid dosage form, individual dosage units do not 
     exceed 15 milligrams of ephedrine or pseudoephedrine; or
       (ii) in liquid form, recommended dosage units, according to 
     label instructions, do not exceed 15 milligrams of ephedrine 
     or pseudoephedrine per 5 milliliters of liquid product; or
       (B) is in liquid form--
       (i) primarily intended for administration to children under 
     2 years of age;
       (ii) the recommended dosage of which does not exceed 2 
     milliliters; and
       (iii) the total package content is not more than 1 fluid 
     ounce.
       (f) Effective Dates.--
       (1) Only active ingredient.--This section and the 
     amendments made by this section shall take effect with regard 
     to any substance in which ephedrine or pseudoephedrine is the 
     only active ingredient 90 days after the date of enactment of 
     this Act.
       (2) Other products.--This section and the amendments made 
     by this section shall take effect with regard to any 
     substance other than a substance described in paragraph (1) 
     on January 1, 2007.

     SEC. 711. EMPLOYER SCREENING OF EMPLOYEES WORKING WITH 
                   CONTROLLED SUBSTANCES.

       Part C of the Controlled Substances Act (21 U.S.C. 821 et 
     seq.) is amended by adding at the end the following:


                       ``APPLICANTS AND EMPLOYEES

       ``Sec. 311. Persons registered with the Drug Enforcement 
     Administration to manufacture, deliver, distribute, or 
     dispense controlled substances shall take reasonable steps to 
     guard against hiring persons who may, as a result of their 
     employment, have access to and become involved in the theft 
     and diversion of controlled substances, including, 
     notwithstanding State law, asking applicants for employment 
     whether they have been convicted of any crime involving or 
     related to controlled substances.''.

            Subtitle B--Education, Prevention, and Treatment

     SEC. 721. GRANTS FOR SERVICES FOR CHILDREN OF SUBSTANCE 
                   ABUSERS.

       Section 519 of the Public Health Service Act (42 U.S.C. 
     290bb-25) is amended--
       (1) in subsection (b), by inserting after paragraph (8) the 
     following:
       ``(9) Development of drug endangered children rapid 
     response teams that will intervene on behalf of children 
     exposed to methamphetamine as a result of residing or being 
     present in a home-based clandestine drug laboratory.''; and
       (2) in subsection (o)--
       (A) by striking ``For the purpose'' and inserting the 
     following:
       ``(1) In general.--For the purpose''; and
       (B) by adding at the end the following:
       ``(2) Drug endangered children rapid response teams.--There 
     are authorized to be appropriated $2,500,000 for each of the 
     fiscal years 2006 and 2007 to carry out the provisions of 
     subsection (b)(9).''.

     SEC. 722. LOCAL GRANTS FOR TREATMENT OF METHAMPHETAMINE ABUSE 
                   AND RELATED CONDITIONS.

       Subpart 1 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb et seq.) is amended--
       (1) by redesignating section 514 that relates to 
     methamphetamine and appears after section 514A as section 
     514B;
       (2) in section 514B, as redesignated--
       (A) by amending subsection (a)(1) to read as follows:
       ``(1) Grants authorized.--The Secretary may award grants to 
     States, political subdivisions of States, American Indian 
     Tribes, and private, nonprofit entities to provide treatment 
     for methamphetamine abuse.'';
       (B) by amending subsection (b) to read as follows:
       ``(b) Priority for High Need States.--In awarding grants 
     under subsection (a), the Secretary shall give priority to 
     entities that will serve rural or urban areas experiencing an 
     increase in methamphetamine abuse in States with addiction 
     rates in excess of the national rate.''; and
       (C) in subsection (d)(1), by striking ``2000'' and all that 
     follows and inserting ``2005 and such sums as may be 
     necessary for each of fiscal years 2006 through 2009''; and
       (3) by inserting after section 514B, as redesignated, the 
     following:

     ``SEC. 514C. METHAMPHETAMINE RESEARCH, TRAINING, AND 
                   TECHNICAL ASSISTANCE CENTER.

       ``(a) Program Authorized.--The Secretary, acting through 
     the Administrator, and in consultation with the Director of 
     the National Institutes of Health, shall award grants to, or 
     enter into contracts with, public or private, nonprofit 
     entities to establish a research, training, and technical 
     assistance center to carry out the activities described in 
     subsection (d).
       ``(b) Application.--A public or private, nonprofit entity 
     seeking a grant or contract under subsection (a) shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(c) Condition.--In awarding grants or entering into 
     contracts under subsection (a), the Secretary shall ensure 
     that not less than 1 of the centers will focus on 
     methamphetamine abuse in rural areas.
       ``(d) Authorized Activities.--Each center established under 
     this section shall--
       ``(1) engage in research and evaluation of the 
     effectiveness of treatment modalities for the treatment of 
     methamphetamine abuse;
       ``(2) disseminate information to public and private 
     entities on effective treatments for methamphetamine abuse;
       ``(3) provide direct technical assistance to States, 
     political subdivisions of States, and private entities on how 
     to improve the treatment of methamphetamine abuse; and
       ``(4) provide training on the effects of methamphetamine 
     use and on effective ways of treating methamphetamine abuse 
     to substance abuse treatment professionals and community 
     leaders.
       ``(e) Reports.--Each grantee or contractor under this 
     section shall annually submit a report to the Administrator 
     that contains--
       ``(1) a description of the previous year's activities of 
     the center established under this section;
       ``(2) effective treatment modalities undertaken by the 
     center; and
       ``(3) evidence to demonstrate that such treatment 
     modalities were successful.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $3,000,000 for fiscal year 2006 and such sums as may be 
     necessary for each of fiscal years 2007 and 2008.''.

     SEC. 723. METHAMPHETAMINE PRECURSOR MONITORING GRANTS.

       (a) Grants Authorized.--The Attorney General, acting 
     through the Bureau of Justice Assistance, may award grants to 
     States to establish methamphetamine precursor monitoring 
     programs.
       (b) Purpose.--The purpose of the grant program established 
     under this section is to--
       (1) prevent the sale of methamphetamine precursors, such as 
     pseudoephedrine and ephedrine, to individuals in quantities 
     so large that the only reasonable purpose of the purchase 
     would be to manufacture methamphetamine;
       (2) educate businesses that legally sell methamphetamine 
     precursors of the need to balance the legitimate need for 
     lawful access to medication with the risk that those 
     substances may be used to manufacture methamphetamine; and
       (3) recalibrate existing prescription drug monitoring 
     programs designed to track the sale of controlled substances 
     to also track the sale of pseudoephedrine or ephedrine in any 
     amount greater than 6 grams.
       (c) Use of Grant Funds.--Grant funds awarded to States 
     under this section may be used to--
       (1) implement a methamphetamine precursor monitoring 
     program, including hiring personnel and purchasing computer 
     hardware and software designed to monitor methamphetamine 
     precursor purchases;
       (2) expand existing methamphetamine precursor or 
     prescription drug monitoring programs to accomplish the 
     purposes described in subsection (b);
       (3) pay for training and technical assistance for law 
     enforcement personnel and employees of businesses that 
     lawfully sell substances, which may be used as 
     methamphetamine precursors;
       (4) improve information sharing between adjacent States 
     through enhanced connectivity; or
       (5) make grants to subdivisions of the State to implement 
     methamphetamine precursor monitoring programs.
       (d) Application.--Any State seeking a grant under this 
     section shall submit an application to the Attorney General 
     at such time, in such manner, and containing such information 
     as the Attorney General may require.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2006 and 2007 to carry out the provisions of this section.

     SEC. 724. AUTHORIZATION OF APPROPRIATIONS RELATING TO COPS 
                   GRANTS.

       (a) In General.--In addition to any other funds authorized 
     to be appropriated for fiscal year 2006 for grants under part 
     Q of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796dd et seq.), commonly known as the 
     COPS program, there are authorized to be appropriated 
     $15,000,000 for such purpose to provide training to State and 
     local prosecutors and law enforcement agents for the 
     investigation and prosecution of methamphetamine offenses.
       (b) Rural Set-Aside.--Of amounts made available under 
     subsection (a), $3,000,000 shall be available only for 
     prosecutors and law enforcement agents for rural communities.

     SEC. 725. EXPANSION OF METHAMPHETAMINE HOT SPOTS PROGRAM TO 
                   INCLUDE PERSONNEL AND EQUIPMENT FOR 
                   ENFORCEMENT, PROSECUTION, AND CLEANUP.

       Section 1701(d) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796dd(d)) is amended--
       (1) in paragraph (11) by striking ``and'' at the end;
       (2) in paragraph (12) by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(13) hire personnel and purchase equipment to assist in 
     the enforcement and prosecution of methamphetamine offenses 
     and the cleanup of methamphetamine-affected areas.''.

     SEC. 726. SPECIAL UNITED STATES ATTORNEYS' PROGRAM.

       (a) In General.--The Attorney General shall allocate any 
     amounts appropriated pursuant to the authorization under 
     subsection (c) for the hiring and training of special 
     assistant United States attorneys.
       (b) Use of Funds.--The funds allocated under subsection (a) 
     shall be used to--

[[Page S9882]]

       (1) train local prosecutors in techniques used to prosecute 
     methamphetamine cases, including the presentation of evidence 
     related to the manufacture of methamphetamine;
       (2) train local prosecutors in Federal and State laws 
     involving methamphetamine manufacture or distribution;
       (3) cross-designate local prosecutors as special assistant 
     United States attorneys; and
       (4) hire additional local prosecutors who--
       (A) with the approval of the United States attorney, shall 
     be cross-designated to prosecute both Federal and State 
     methamphetamine cases;
       (B) shall be assigned a caseload, whether in State court or 
     Federal court, that gives the highest priority to cases in 
     which--
       (i) charges related to methamphetamine manufacture or 
     distribution are submitted by law enforcement for 
     consideration; and
       (ii) the defendant has been previously convicted of a crime 
     related to methamphetamine manufacture or distribution.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2006 and 2007 to carry out the provisions of this section.
                                 ______
                                 
  SA 1678. Mr. LIEBERMAN proposed an amendment to the bill H.R. 2862, 
making appropriations for Science, the Departments of State, Justice, 
and Commerce, and related agencies for the fiscal year ending september 
30, 2006, and for other purposes; as follows:

       On page 191, between lines 9 and 10, insert the following:

                      TITLE VII--FINANCIAL RELIEF

                   Subtitle A--Limitation on Payments

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Emergency 
     Limitation on Payments (HELP) Act of 2005''.

     SEC. 702. DEFINITIONS.

       In this subtitle:
       (1) Disaster.--The term ``Disaster'' means the major 
     disasters declared by the President on August 29, 2005, 
     relating to damage caused by Hurricane Katrina.
       (2) Injured person.--The term ``injured person'' means any 
     individual or entity that suffers harm resulting from the 
     Disaster that makes the individual or entity eligible to 
     receive, and the individual or entity submits an application 
     in good faith to receive--
       (A) housing assistance under section 408(b) of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174(b));
       (B) financial assistance to address other needs under 
     section 408(e) of that Act (42 U.S.C. 5174(e));
       (C) unemployment assistance under section 410 of that Act 
     (42 U.S.C. 5177) (as amended by subtitle C);
       (D) a disaster loan under section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)); or
       (E) an emergency loan made under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.).

     SEC. 703. MORATORIUM ON PAYMENTS.

       (a) In General.--Except as otherwise provided in this 
     subtitle, no injured person shall be subject to a penalty or 
     a requirement to pay interest for a failure of the injured 
     person, as a result of the Disaster, to make timely payment 
     of a financial obligation for any loan made, subsidized, or 
     guaranteed by the United States.
       (b) Applicability to Loans.--The moratorium under 
     subsection (a) shall not apply to any loan made to or assumed 
     by an injured person on or after August 29, 2005.
       (c) Period of Effectiveness.--The moratorium under 
     subsection (a) shall apply in accordance with section 761 to 
     the failure of an injured person to make timely payments.
       (d) Eligibility.--If a Federal agency responsible for 
     administering a benefit program referred to in section 702(2) 
     determines that an individual or entity that has applied to 
     receive a benefit under the program is not eligible to 
     receive the benefit, the individual or entity, for purposes 
     of the moratorium under subsection (a), shall cease to be 
     considered an injured person as of the date on which the 
     individual or entity receives notice of the determination of 
     the Federal agency.
       (e) Federal Responsibility.--In the case of a moratorium on 
     payments on a loan subsidized or guaranteed by the United 
     States, nothing in this section excuses the United States 
     from any liability of the United States to the lender under 
     the terms of the agreement between the United States and the 
     lender.
       (f) Effect of Other Law.--The moratorium under subsection 
     (a) shall apply to an injured person only if, and to the 
     extent that, the injured person is not excused from, or 
     eligible to be excused from, the obligation under other 
     applicable law.

            Subtitle B--Individual and Household Assistance

     SEC. 711. INDIVIDUAL AND HOUSEHOLD ASSISTANCE.

       (a) Maximum Amounts.--Notwithstanding section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174), in providing assistance to individuals 
     and households affected by Hurricane Katrina, the President 
     may waive the limitation on total assistance under subsection 
     (h) of that section.
       (b) Mortgage and Rental Assistance.--
       (1) In general.--During the 18-month period beginning on 
     the date of enactment of this Act, the President may provide 
     assistance in the form of mortgage or rental payments for 
     persons described in paragraph (2).
       (2) Eligible persons.--Assistance under paragraph (1) may 
     be provided to any individual or household that--
       (A) resided on August 29, 2005, in an area that is subject 
     to a declaration by the President of a major disaster under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) in connection with 
     Hurricane Katrina; and
       (B) as a result of financial hardship caused by a major 
     disaster described in subparagraph (A), is subject to 
     dispossession or eviction from a residence due to foreclosure 
     of a mortgage or lien or termination of a lease entered into 
     before the date on which the major disaster is declared.
       (c) Types of Housing Assistance.--No limitation relating to 
     the maximum amount of assistance under paragraph (2) or (3) 
     of section 408(c) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(c)) shall apply 
     with respect to major disaster FEMA-1603-DR-Louisiana, FEMA-
     1604-DR-Mississippi, or FEMA-1605-DR-Alabama.
       (d) Financial Assistance To Address Other Needs.--
     Notwithstanding section 408(g)(2) of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5174(g)(2)), in the case of financial assistance provided 
     under subsection (e) of that section to any individual or 
     household in response to a major disaster referred to in 
     subsection (c), the Federal share shall be 100 percent.

                  Subtitle C--Unemployment Assistance

     SEC. 721. UNEMPLOYMENT ASSISTANCE.

       Section 410 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5177) is amended by 
     striking the section heading and all that follows through the 
     end of subsection (a) and inserting the following:

     ``SEC. 410. UNEMPLOYMENT ASSISTANCE.

       ``(a) Provision of Unemployment Assistance.--
       ``(1) Assistance.--
       ``(A) In general.--The President shall provide to any 
     individual unemployed as a result of a major disaster such 
     benefit assistance as the President determines to be 
     appropriate.
       ``(B) Location of employment.--An individual that is 
     unemployed as a result of a major disaster as determined 
     under subparagraph (A) may receive assistance under this 
     subsection regardless of whether the individual was employed 
     at a location within the declared disaster area.
       ``(C) Reason for unemployment.--For purposes of this 
     subsection, an individual who is unemployed because a loss of 
     business resulting from a major disaster contributed 
     importantly to the employer's decision to reduce or terminate 
     employment shall be considered to be an individual unemployed 
     as a result of a major disaster.
       ``(D) Eligibility.--An individual shall be eligible to 
     receive assistance under this subsection regardless of 
     whether the individual is eligible to receive, or has 
     exhausted eligibility for, State unemployment compensation.
       ``(2) Availability.--Assistance provided to an unemployed 
     individual under paragraph (1) shall be available as long as 
     the unemployment of the individual caused by the major 
     disaster continues, or until the individual is reemployed in 
     at least a comparable position, but not longer than 52 weeks 
     after the date on which the unemployed individual first 
     receives assistance.
       ``(3) Maximum and minimum weekly amounts.--The amount of 
     assistance provided to an unemployed individual under this 
     subsection for each week of unemployment shall be--
       ``(A) unless the amount is less than the amount described 
     in subparagraph (B), not more than the maximum weekly amount 
     authorized under the unemployment compensation law of the 
     State in which the disaster occurred; and
       ``(B) not less than the national average weekly 
     unemployment benefit provided to an individual as of the date 
     of the major disaster for which unemployment assistance is 
     provided.
       ``(4) Period for application.--The President shall accept 
     applications for assistance under this subsection for--
       ``(A) the 90-day period beginning on the date on which the 
     applicable major disaster is declared; or
       ``(B) such longer period as may be established by the 
     President.
       ``(5) Cooperation with states.--The President shall provide 
     assistance under this subsection through agreements with 
     States that, in the judgment of the President, have an 
     adequate system for administering the assistance through 
     existing State agencies.''.

                         Subtitle D--Tax Relief

     SEC. 731. REQUIRED EXERCISE OF AUTHORITY UNDER SECTION 7508A 
                   FOR TAX RELIEF FOR VICTIMS OF HURRICANE 
                   KATRINA.

       In the case of any taxpayer determined by the Secretary of 
     the Treasury to be affected by the Presidentially declared 
     disaster relating to Hurricane Katrina, the Secretary of the 
     Treasury shall specify a period under section 7508A of the 
     Internal Revenue Code of 1986 of not less than 6 months 
     beginning on August 29, 2005, that may be disregarded with 
     respect to all of the acts described in section 7508(a)(1) of 
     such Code and amounts described in paragraph (2) of section 
     7508A(a)

[[Page S9883]]

     of such Code relating to any employment tax liability of the 
     taxpayer.

     SEC. 732. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   VICTIMS OF HURRICANE KATRINA.

       (a) Exclusion From Income of Certain Distributions Which 
     Are Repaid.--Section 72 of the Internal Revenue Code of 1986 
     (relating to individual retirement accounts) is amended by 
     redesignating subsection (x) as subsection (y) and by 
     inserting after subsection (w) the following new subsection:
       ``(x) Repayable Distributions From Qualified Retirement 
     Plans for Victims of Hurricane Katrina.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, gross income shall not include any qualified 
     distribution.
       ``(2) Repayment requirement.--
       ``(A) Addition to tax.--If the required recontributions 
     made by the taxpayer during the repayment period are less 
     than the qualified distribution, the tax imposed by this 
     chapter for the last taxable year in the repayment period 
     shall be increased by the amount determined under 
     subparagraph (B).
       ``(B) Determination of amount.--The amount determined under 
     this subparagraph shall be an amount which bears the same 
     ratio to the tax benefit amount as--
       ``(i) the excess (if any) of the qualified distribution 
     over required recontributions made during the repayment 
     period, bears to
       ``(ii) the qualified distribution.
       ``(C) Repayment period.--For purposes of this subsection, 
     the term `repayment period' means, with respect to any 
     qualified distribution, the 5-taxable year period beginning 
     after the taxable year in which such distribution is 
     received.
       ``(D) Tax benefit amount.--For purposes of this subsection, 
     the term `tax benefit amount' means, with respect to any 
     qualified distribution, the aggregate reduction in the tax 
     imposed by this chapter for the taxable year in which such 
     distribution is received by reason of the exclusion under 
     paragraph (1).
       ``(3) Qualified distribution.--For purposes of this 
     subsection, the term `qualified distribution' means any 
     distribution to an individual who has a principal place of 
     abode within the area designated as a disaster area by the 
     President under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act in connection with Hurricane 
     Katrina--
       ``(A) if such distribution is made during the 6-month 
     period beginning on the date such declaration is made, and
       ``(B) to the extent such distribution does not exceed the 
     excess of--
       ``(i) the amount of expenses incurred as a result of such 
     disaster, over
       ``(ii) the amount of such expenses which are compensated 
     for by insurance or otherwise.
       ``(4) Recontribution of qualified distributions.--
       ``(A) In general.--If an individual received a qualified 
     distribution, such individual shall make required 
     recontributions in the manner provided in this paragraph to 
     an individual retirement plan maintained for the benefit of 
     such individual.
       ``(B) Method of making recontribution.--Any required 
     recontribution--
       ``(i) shall be made during the repayment period for the 
     qualified distribution,
       ``(ii) shall not exceed the qualified distribution reduced 
     by any prior recontribution under this paragraph with respect 
     to such distribution, and
       ``(iii) shall be made by making a payment in cash to the 
     qualified retirement plan from which the qualified 
     distribution was made.

     An individual making a required recontribution under this 
     paragraph shall designate (in the manner prescribed by the 
     Secretary) such contribution as a required recontribution 
     under this paragraph and shall specify the qualified 
     distribution with respect to which such recontribution is 
     being made.
       ``(C) Treatment of contribution.--For purposes of this 
     title, any required recontribution under this paragraph shall 
     not be taken into account for purposes of any limitation on 
     contributions to a qualified retirement plan (as so defined).
       ``(5) Other special rules.--
       ``(A) Basis rules not affected.--The tax treatment under 
     this chapter of any distribution (other than a qualified 
     distribution) shall be determined as if this subsection had 
     not been enacted.
       ``(B) Aggregation rule.--For purposes of this subsection, 
     all qualified distributions received by an individual during 
     a taxable year shall be treated as a single distribution.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to distributions received after the date of the 
     enactment of this Act, in taxable years ending after such 
     date.

          Subtitle D--Hurricane Katrina Food Assistance Relief

     SEC. 741. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina Food 
     Assistance Relief Act of 2005''.

     SEC. 742. DEFINITION OF SECRETARY.

       In this subtitle, the term ``Secretary'' means the 
     Secretary of Agriculture.

     SEC. 743. FOOD STAMP PROGRAM DISASTER AUTHORITY.

       (a) In General.--Section 5(h) of the Food Stamp Act of 1977 
     (7 U.S.C. 2014(h)) is amended by adding at the end the 
     following:
       ``(4) Response to hurricane katrina.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Affected area.--
       ``(I) In general.--The term `affected area' means an area 
     of a State that the Secretary determines was affected by 
     Hurricane Katrina or a related condition.
       ``(II) Inclusion.--The term `affected area' includes any 
     area that, as a result of Hurricane Katrina or a related 
     condition, was covered by--

       ``(aa) a natural disaster declaration under section 321(a) 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961(a)); or
       ``(bb) a major disaster or emergency designation under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).

       ``(ii) Affected household.--
       ``(I) In general.--The term `affected household' means a 
     household--

       ``(aa) in an affected area;
       ``(bb) in which a member worked immediately prior to August 
     29, 2005, in an affected area; or
       ``(cc) that was displaced as a result of Hurricane Katrina 
     or a related condition to other areas of the same or another 
     State.

       ``(II) Inclusion.--The term `affected household' includes a 
     household containing 1 or more individuals that were 
     displaced as a result of Hurricane Katrina or a related 
     condition, as determined by the Secretary.
       ``(iii) Disaster recovery period.--
       ``(I) In general.--The term `disaster recovery period' 
     means the period of 180 days beginning on the date of 
     enactment of this paragraph.
       ``(II) Extension.--The disaster recovery period shall be 
     extended for another 180 days unless the President determines 
     that the extension is not necessary to fully meet the needs 
     of affected households.
       ``(B) Disaster recovery period.--During the disaster 
     recovery period--
       ``(i) clauses (iv) and (v) of subsection (g)(2)(B), 
     subsections (d) and (o) of section 6, and section 8(c)(1) 
     shall not apply to affected households;
       ``(ii) the application of an affected household shall be 
     processed under the procedures established under section 
     11(e)(9);
       ``(iii) at the option of the State agency, the State agency 
     may increase the value to the affected household of the 
     thrifty food plan determined under section 3(o) by 6 percent 
     when calculating the value of the allotment for an affected 
     household under section 8(a), in lieu of making the 
     adjustment otherwise required by clause (iv);
       ``(iv) except in the case of a household to which clause 
     (iii) applies, the State agency shall calculate the income of 
     an affected household using a standard deduction of $323 in 
     lieu of the deduction provided under subsection (e)(1);
       ``(v) the Secretary shall pay each State agency an amount 
     equal to 100 percent of administrative costs allowable under 
     section 16(a) related to serving affected households in lieu 
     of the payments section 16(a) would otherwise require for 
     those costs;
       ``(vi) an affected household shall be considered to meet 
     the requirements of subsection (c)(2) if the income of the 
     affected household, as calculated under subsection (c)(2), 
     does not exceed the level permitted under subsection (c)(1) 
     by more than 50 percent;
       ``(vii) any funds designated for rebuilding or relocation 
     (including payments from Federal, State, or local 
     governments, charitable organizations, employers, or 
     insurance companies) shall be excluded from consideration 
     under subsection (g) in determining the eligibility of an 
     affected household; and
       ``(viii) an affected household may not be considered to 
     customarily purchase food and prepare meals together with 
     other individuals if the affected household did not 
     customarily purchase food and prepare meals for home 
     consumption with those individuals immediately prior to 
     August 29, 2005.
       ``(C) Duplicate participation.--
       ``(i) In general.--The Secretary shall take such actions as 
     are prudent and reasonable under the circumstances to 
     identify affected households that are participating in more 
     than 1 State and to terminate the duplicate participation of 
     those households.
       ``(ii) No action taken.--Except in the case of deliberate 
     falsehoods, no action may be taken against any affected 
     household relating to any duplicate participation during the 
     disaster recovery period that takes place prior to 
     termination under clause (i).
       ``(D) Claims relating to benefits.--Except in the case of 
     intentional program violations as determined under section 
     6(b), no claim may be established under section 13(b) 
     relating to benefits issued under this subsection.
       ``(E) Payment error rate.--For purposes of determining the 
     payment error rate of a State agency under section 16(c), the 
     Secretary shall disregard any errors resulting from the 
     application of this paragraph to an affected household during 
     the disaster recovery period.
       ``(F) Savings clause.--This paragraph shall not apply in 
     any area of a State to the extent that there is in effect in 
     the area an emergency food stamp plan approved by the 
     Secretary that is more generous than the assistance provided 
     under this paragraph.''.
       (b) Program Information Activities.--
       (1) In general.--From funds otherwise appropriated for the 
     food stamp program established under the Food Stamp Act of 
     1977 (7 U.S.C. 2011 et seq.), the Secretary may use not more 
     than $5,000,000 for the period of fiscal year 2005 through 
     2006 to enter into contracts with nonprofit organizations to 
     provide affected households (as defined in section 
     5(h)(4)(A)(i) of the Food Stamp Act of

[[Page S9884]]

     1977 (as added by subsection (a)) with information about and 
     assistance in completing the application process for any food 
     assistance programs for which the Secretary provides funds or 
     commodities.
       (2) Expediting provisions.--Notwithstanding any other 
     provision of law, the Secretary shall not be required--
       (A) to provide public notice of the availability of funds 
     described in paragraph (1); or
       (B) to accept competitive bids for contracts under this 
     subsection.

     SEC. 744. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 
                   ASSISTANCE.

       (a) Definition of Eligible Recipient.--In this section, the 
     term ``eligible recipient'' means an individual or household 
     that, as determined by the Secretary in consultation with the 
     Secretary of Homeland Security--
       (1) is a victim of Hurricane Katrina or a related 
     condition;
       (2) has been displaced by Hurricane Katrina or a related 
     condition; or
       (3) is temporarily housing 1 or more individuals displaced 
     by Hurricane Katrina or a related condition.
       (b) Assistance.--
       (1) In general.--In addition to funds already obligated to 
     carry out the emergency food assistance program established 
     under the Emergency Food Assistance Act of 1983 (7 U.S.C. 
     7501 et seq.), the Secretary, in consultation with the 
     Secretary of Homeland Security, shall use not more than 
     $200,000,000 of funds made available under that Act to 
     provide a variety of food to eligible recipient agencies for 
     providing food assistance to eligible recipients, including--
       (A) special supplemental foods for pregnant women and 
     infants or for other individuals with special needs;
       (B) infant formula;
       (C) bottled water; and
       (D) fruit juices.
       (2) Use of funds.--Funds made available under paragraph (1) 
     may be used to provide commodities in accordance with--
       (A) section 27 of the Food Stamp Act of 1977 (7 U.S.C. 
     2036);
       (B) section 203A of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7504); and
       (C) section 204 of the Emergency Food Assistance Act of 
     1983 (7 U.S.C. 7508).
       (c) Section 32 Funding.--In addition to funds obligated for 
     fiscal years 2005 and 2006 under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c), the Secretary shall use not 
     more than $200,000,000 of funds made available under that 
     section to provide food assistance to eligible recipients, 
     including food described in subparagraphs (A) through (D) of 
     subsection (b)(1).

     SEC. 745. WIC FUNDING.

       (a) In General.--In addition to other funds made available 
     to the Secretary for fiscal year 2005 or 2006 to carry out 
     the special supplemental nutrition program for women, 
     infants, and children established by section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786), there is authorized 
     to be appropriated $200,000,000, to remain available until 
     September 30, 2007.
       (b) Emergency Designation.--The amounts made available by 
     the transfer of funds in or pursuant to subsection (a) are 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress).
       (c) Allocation of Funds.--Notwithstanding section 17(i) of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the 
     Secretary may allocate funds made available under subsection 
     (a) as the Secretary determines to be necessary to provide 
     assistance to women, infants, and children who, as determined 
     by the Secretary in consultation with the Secretary of 
     Homeland Security--
       (1) are victims of Hurricane Katrina or a related 
     condition; or
       (2) have been displaced by Hurricane Katrina or a related 
     condition.

     SEC. 746. REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     Homeland Security, shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that--
       (1) describes whether additional funding or authority is 
     needed to continue to address the food needs of eligible 
     recipients; and
       (2) includes any determination by the President under 
     section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as 
     added by section 743(a)) that an extension of the disaster 
     recovery period is not necessary to fully meet the needs of 
     affected households.

     SEC. 747. REGULATIONS.

       (a) In General.--The Secretary may promulgate such 
     regulations as are necessary to implement this subtitle.
       (b) Procedure.--The promulgation of the regulations and 
     administration of this subtitle shall be made without regard 
     to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (c) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                     Subtitle E--Bankruptcy Relief

     SEC. 751. BANKRUPTCY RELIEF FOR VICTIMS OF HURRICANE KATRINA.

       (a) In General.--Notwithstanding any other provision of 
     law, the provisions of title 11, United States Code, as in 
     effect on August 29, 2005, shall apply to any case described 
     in subsection (b).
       (b) Eligibility.--A case described in this subsection is a 
     case commenced during the 12-month period beginning on the 
     effective date of the Bankruptcy Abuse Prevention and 
     Consumer Protection Act of 2005, under title 11, United 
     States Code (other than under chapter 12 of that title 11), 
     by or on behalf of a debtor--
       (1) who resides, or who resided on August 29, 2005, in any 
     area that is subject to a declaration by the President of a 
     major disaster, as defined under section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122) in connection with Hurricane Katrina; and
       (2) whose financial condition is materially adversely 
     affected by the major disaster.

                   Subtitle F--Administrative Matters

     SEC. 761. PERIOD OF AVAILABILITY OF BENEFITS.

       (a) In General.--Except as otherwise provided by this title 
     or an amendment made by this title, a benefit or assistance 
     provided by any provision of this title or an amendment made 
     by this title shall be available through the date that is 180 
     days after the date of enactment of this Act.
       (b) Automatic Extension.--The period during which a benefit 
     or assistance described in subsection (a) is available shall 
     be automatically extended for an additional 180 days, 
     beginning on the date that is 181 days after the date of 
     enactment of this Act (or any earlier date on which such 
     period expires under a provision of this title or an 
     amendment made by this title), unless the President 
     determines that the extension of the availability of the 
     benefit or assistance is not necessary to fully meet the 
     needs of individuals and households affected by Hurricane 
     Katrina or a related condition.
       (c) Report.--If the President determines that an extension 
     is not necessary under subsection (b), the President shall 
     submit to Congress a report describing the determination.

     SEC. 762. NONDISCRIMINATION.

       Each recipient of Federal funds made available pursuant to 
     this title or an amendment made by this title, in carrying 
     out programs and activities with those funds, shall comply 
     with all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). Each 
     recipient of Federal funds made available pursuant to this 
     Act or an amendment made by this Act, in carrying out 
     programs and activities with those funds, shall comply with 
     all Federal laws (including regulations) prohibiting 
     discrimination on the basis of race, color, religion, sex, 
     national origin, age, or disability, including title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
                                 ______
                                 
  SA 1679. Mr. KERRY (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the bill H.R. 2862, making 
appropriations for Science, the Departments of State, Justice, and 
Commerce, and related agencies for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title V, add the following:

     SEC. 5___. SMALL BUSINESS EMERGENCY RELIEF.

       (a) Definitions.--As used in this section--
       (1) the term ``covered loan'' means a loan or loan 
     guarantee by the Administration--
       (A) under section 7(a) of the Small Business Act or section 
     503 of the Small Business Investment Act of 1958; and
       (B) to a small business concern that--
       (i) is located in a disaster area; and
       (ii) has been adversely affected by Hurricane Katrina;
       (2) the term ``disaster area'' means an area declared as a 
     disaster area as a result of Hurricane Katrina of August 
     2005;
       (3) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act; and
       (4) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively.
       (b) Temporary Deferment of Principal and Interest on 
     Disaster Loans.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administration shall, during the 2-year period 
     following the date of issuance of a loan issued under section 
     7(b) of the Small Business Act related to Hurricane Katrina 
     of August 2005, defer payments of principal and interest on 
     the loan (and no interest shall accrue thereon during such 
     period).
       (2) Resumption of payments.--Unless the Administrator finds 
     an extension necessary or appropriate, at the end of the 2-
     year period described in paragraph (1), the payment of 
     periodic installments of principal and interest shall be 
     required with respect to a loan issued under section 7(b) of 
     the Small Business Act, in the same manner and subject to the 
     same terms and conditions as would otherwise be applicable to 
     such loan.

[[Page S9885]]

       (c) Disaster Loans Following Hurricane Katrina.--
       (1) In general.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately before the 
     undesignated material following paragraph (3) the following:
       ``(4) Disaster loans after hurricane katrina.--
       ``(A) Refinancing disaster loans.--
       ``(i) In general.--Any loan made under this subsection that 
     was outstanding as to principal or interest on August 24, 
     2005, may be refinanced by a small business concern that is 
     located in an area designated as a disaster area as a result 
     of Hurricane Katrina of 2005 (in this paragraph referred to 
     as the `disaster area') and that is adversely affected by 
     Hurricane Katrina, and the refinanced amount shall be 
     considered to be part of a new loan for purposes of this 
     subparagraph.
       ``(ii) No effect on eligibility.--A refinancing under 
     clause (i) by a small business concern shall be in addition 
     to any other loan eligibility for that small business concern 
     under this Act.
       ``(B) Refinancing business debt.--
       ``(i) In general.--Any business debt of a small business 
     concern that was outstanding as to principal or interest on 
     August 24, 2005, may be refinanced by the small business 
     concern if it is located (or was located on August 24, 2005) 
     in a disaster area and was adversely affected by Hurricane 
     Katrina. With respect to a refinancing under this clause, 
     payments of principal may be deferred, and interest may 
     accrue, during the 1-year period following the date of 
     refinancing.
       ``(ii) Resumption of payments.--At the end of the 1-year 
     period described in clause (i), the payment of periodic 
     installments of principal and interest on a refinancing under 
     clause (i) shall be required with respect to such 
     refinancing, in the same manner and subject to the same terms 
     and conditions as would otherwise be applicable to any other 
     loan made under this subsection.
       ``(C) Terms.--A loan under this paragraph shall be made at 
     the same interest rate as economic injury loans under 
     paragraph (2). Any reasonable doubt concerning the repayment 
     ability of an applicant under this paragraph shall be 
     resolved in favor of the applicant.
       ``(5) Increased loan caps.--
       ``(A) Aggregate loan amounts.--Except as provided in 
     subparagraph (B), and in addition to amounts otherwise 
     authorized by this Act, the loan amount outstanding and 
     committed to a borrower under this subsection may not exceed 
     $10,000,000, with respect to a small business concern that is 
     located in an area designated as a disaster area following 
     Hurricane Katrina of August 2005, and that has been adversely 
     affected by Hurricane Katrina.
       ``(B) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, waive the aggregate loan 
     amount established under subparagraph (A).
       ``(6) Extended application period for hurricane katrina 
     assistance.--Notwithstanding any other provision of law, the 
     Administrator shall accept applications for a loan under this 
     subsection by a small business concern that is located in an 
     area designated as a disaster area as a result of Hurricane 
     Katrina and that has been adversely affected by Hurricane 
     Katrina, until 1 year after the date on which the area was 
     designated as a disaster area.''.
       (2) Clerical amendments.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended in the 
     undesignated matter at the end--
       (A) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (B) by striking ``, (2), or (4)'' and inserting ``(2)''.
       (d) Assumption of Payments for Existing Sba Loans.--
       (1) In general.--Notwithstanding any other provision of 
     law, during the 2-year period beginning on the date of 
     enactment of this Act, the Administration shall, in the case 
     of a covered loan issued before the date of enactment of this 
     Act, make all periodic payments, including interest, with 
     respect to such covered loan on behalf of the borrower.
       (2) Resumption of payments.--Unless the Administrator finds 
     an extension necessary or appropriate, at the end of the 2-
     year period described in paragraph (1), no further payments 
     shall be made on behalf of the borrower with respect to a 
     covered loan.
       (e) Supplemental Emergency Loans.--Section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) is amended by adding at 
     the end the following:
       ``(32) Supplemental emergency loans after hurricane 
     katrina.--
       ``(A) Loan authority.--In addition to any other loan 
     authorized by this subsection, the Administrator may make 
     such loans under this subsection (either directly or in 
     cooperation with banks or other lending institutions through 
     agreements to participate on an immediate or deferred basis) 
     as the Administrator determines appropriate to a small 
     business concern adversely affected by Hurricane Katrina of 
     August 2005.
       ``(B) Fees.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the Administrator shall, in lieu of the fee established 
     under paragraph (23)(A), collect an annual fee of 0.25 
     percent of the outstanding balance of deferred participation 
     loans made under this subsection to qualified borrowers for a 
     period of 2 years after the date of enactment of this 
     paragraph.
       ``(ii) Guarantee fees.--Notwithstanding any other provision 
     of law, the guarantee fee under paragraph (18)(A) for a 
     period of 2 years after the date of enactment of this 
     subparagraph shall be as follows:

       ``(I) A guarantee fee equal to 1 percent of the deferred 
     participation share of a total loan amount that is not more 
     than $150,000.
       ``(II) A guarantee fee equal to 2.5 percent of the deferred 
     participation share of a total loan amount that is more than 
     $150,000, but not more than $700,000.
       ``(III) A guarantee fee equal to 3.5 percent of the 
     deferred participation share of a total loan amount that is 
     more than $700,000.''.

       (f) Lowering of Fees.--
       (1) Appropriated amount.--There is authorized to be 
     appropriated to the Administration $79,000,000, to remain 
     available until expended, to carry out section 7(a)(23) of 
     the Small Business Act, as amended by this subsection.
       (2) Fees.--Section 7(a)(23) of the Small Business Act (15 
     U.S.C. 636(a)(23)) is amended by striking subparagraph (C) 
     and inserting the following:
       ``(C) Lowering of fees.--
       ``(i) In general.--Subject to clauses (ii) and (iii)--

       ``(I) the Administrator shall reduce fees paid by small 
     business borrowers and lenders under clauses (i) and (iv) of 
     paragraph (18)(A) and subparagraph (A) of this paragraph; and
       ``(II) fees paid by small business borrowers and lenders 
     shall not be increased above the levels in effect on the date 
     of enactment of the Consolidated Appropriations Act, 2005.

       ``(ii) Determinations.--A reduction in fees under clause 
     (i) shall occur in any case in which the fees paid by all 
     small business borrowers and by lenders for guarantees under 
     this subsection, or the sum of such fees plus any amount 
     appropriated to carry out this subsection, as applicable, is 
     more than the amount necessary to equal the cost to the 
     Administration of making such guarantees.''.
       (g) Bridge Loans.--There is authorized to be appropriated 
     $400,000,000 to provide, through appropriate government 
     agencies in affected States, bridge grants and loans to make 
     necessary loans or grants to assist small business concerns 
     that are located in a disaster area and that are adversely 
     affected by Hurricane Katrina, until such business concerns 
     are able to obtain loans through Administration assistance 
     programs or other sources.
       (h) Contracting Protection and Assistance.--
       (1) Hubzones.--
       (A) In general.--Notwithstanding any other provision of 
     law, a small business concern that is located in a disaster 
     area and that has been adversely affected by Hurricane 
     Katrina shall be treated as being located in a HUBZone for 
     purposes of the program under section 31 of the Small 
     Business Act (15 U.S.C. 658).
       (B) Termination.--Subparagraph (A) is repealed effective on 
     the date that is 1 day after the date on which the 
     declaration of the disaster area in response to Hurricane 
     Katrina is lifted.
       (2) Small business participation.--
       (A) In general.--For any contract awarded by the Department 
     of Homeland Security relating to the aftermath of Hurricane 
     Katrina, the Secretary of Homeland Security (in this 
     paragraph referred to as the ``Secretary'') shall--
       (i) afford small business concerns the maximum practicable 
     opportunity to participate in the performance of such 
     contract; and
       (ii) ensure that such contract complies with the 
     subcontracting goals for small business concerns in the Small 
     Business Act and the Federal Acquisition Regulations.
       (B) Local presence.--The Secretary shall make a 
     determination on the advisability of requiring a local 
     presence for small business concerns selected as 
     subcontractors under contracts described in subparagraph (A).
       (C) Goal.--The Secretary shall set a goal of awarding not 
     less than 30 percent of the funds awarded under contracts 
     described in subparagraph (A) to small business concerns.
       (3) Bonding thresholds.--For any contract awarded by the 
     Department of Homeland Security relating to the aftermath of 
     Hurricane Katrina, the Administrator--
       (A) may, upon such terms and conditions as the 
     Administrator may prescribe, guarantee and enter into 
     commitments to guarantee any surety against loss resulting 
     from a breach of terms of a bid bond, payment bond, 
     performance bond, or bonds ancillary thereto, by a principal 
     on any contract up to $5,000,000; and
       (B) shall ensure such guarantee complies with subsection 
     (a)(4) and subsections (b) through (e) of section 411 of the 
     Small Business Investment Act (15 U.S.C. 694b).
       (4) Definition.--In this subsection, the term ``small 
     business concern'' has the same meaning as in section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (i) Authorizations of Appropriations.--
       (1) Special authorizations of appropriations following 
     hurricane katrina.--
       (A) Fiscal year 2006.--In addition to any other amounts 
     authorized for any fiscal year, there are authorized to be 
     appropriated to the Administration, to remain available until 
     expended, for fiscal year 2006--
       (i) $21,000,000, to be used for activities of small 
     business development center pursuant to section 21 of the 
     Small Business Act, $15,000,000 of which shall be non-
     matching funds and used to aid and assist small business 
     concerns affected by Hurricane Katrina;

[[Page S9886]]

       (ii) $2,000,000, to be used for SCORE program authorized by 
     section 8(b)(1) of the Small Business Act, for the activities 
     described in section 8(b)(1)(B)(ii) of that Act, $1,000,000 
     of which shall be used to aid and assist small business 
     concerns affected by Hurricane Katrina;
       (iii) $4,500,000, to be used for activities of women's 
     business center authorized by section 29(b)(4) of the Small 
     Business Act, $2,500,000 of which shall be non-matching funds 
     used to aid and assist small business concerns affected by 
     Hurricane Katrina; and
       (iv) $1,250,000, to be used for activities of the office of 
     veteran's business development pursuant to section 32 of the 
     Small Business Act, $750,000 of which shall be used to aid 
     and assist small business concerns affected by Hurricane 
     Katrina.
       (B) Other fiscal years.--In addition to any other amounts 
     authorized for any fiscal year, there are authorized to be 
     appropriated to the Administration, to remain available until 
     expended, for fiscal year 2006 and each fiscal year 
     thereafter, such sums as may be necessary to carry out this 
     section and the amendments made by this section, including 
     necessary loan capital and funds for administrative expenses 
     related to making and servicing loans authorized by this 
     section and the amendments made by this section.
       (2) Business loan programs.--Section 20(e)(1)(B) of the 
     Small Business Act (15 U.S.C. 631 note) is amended--
       (A) by striking ``$17,000,000'' and inserting 
     ``$20,000,000,000''; and
       (B) by striking ``$7,500,000,000'' and inserting 
     ``$10,000,000,000''.
       (j) Disaster Loan Additional Amounts.--In addition to any 
     other amounts otherwise appropriated for such purpose, there 
     is authorized to be appropriated to the Administration 
     $60,000,000, to make loans to make covered loans under 
     section 7(b) of the Small Business Act.
       (k) Development Centers.--In addition to any other amounts 
     otherwise appropriated for such purpose, there is authorized 
     to be appropriated to the Administration $15,000,000 to 
     assist small business development centers under section 21 of 
     the Small Business Act located in a disaster area, and in 
     other States or areas that have sent resources or personnel 
     to directly assist with disaster relief in such disaster 
     areas.
       (l) Small Business and Farm Energy Emergency Disaster Loan 
     Program.--
       (1) Small business disaster loan authority.--Section 7(b) 
     of the Small Business Act (15 U.S.C. 636(b)) is amended by 
     inserting after paragraph (6), as added by this section, the 
     following:
       ``(7)(A) For purposes of this paragraph--
       ``(i) the term `base price index' means the moving average 
     of the closing unit price on the New York Mercantile Exchange 
     for heating oil, natural gas, gasoline, or propane for the 10 
     days, in each of the most recent 2 preceding years, which 
     correspond to the trading days described in clause (ii);
       ``(ii) the term `current price index' means the moving 
     average of the closing unit price on the New York Mercantile 
     Exchange, for the 10 most recent trading days, for contracts 
     to purchase heating oil, natural gas, gasoline, or propane 
     during the subsequent calendar month, commonly known as the 
     `front month';
       ``(iii) the term `significant increase' means--
       ``(I) with respect to the price of heating oil, natural 
     gas, gasoline, or propane, any time the current price index 
     exceeds the base price index by not less than 40 percent; and
       ``(II) with respect to the price of kerosene, any increase 
     which the Administrator, in consultation with the Secretary 
     of Energy, determines to be significant; and
       ``(iv) a small business concern engaged in the heating oil 
     business is eligible for a loan, if the small business 
     concern sells not more than 10,000,000 gallons of heating oil 
     per year.
       ``(B) The Administration may make such loans, either 
     directly or in cooperation with banks or other lending 
     institutions through agreements to participate on an 
     immediate or deferred basis, to assist a small business 
     concern that has suffered or that is likely to suffer 
     substantial economic injury on or after January 1, 2005, as 
     the result of a significant increase in the price of heating 
     oil, natural gas, gasoline, propane, or kerosene occurring on 
     or after January 1, 2005.
       ``(C) Any loan or guarantee extended pursuant to this 
     paragraph shall be made at the same interest rate as economic 
     injury loans under paragraph (2).
       ``(D) No loan may be made under this paragraph, either 
     directly or in cooperation with banks or other lending 
     institutions through agreements to participate on an 
     immediate or deferred basis, if the total amount outstanding 
     and committed to the borrower under this subsection would 
     exceed $1,500,000, unless such borrower constitutes a major 
     source of employment in its surrounding area, as determined 
     by the Administration, in which case the Administration, in 
     its discretion, may waive the $1,500,000 limitation.
       ``(E) For purposes of assistance under this paragraph--
       ``(i) a declaration of a disaster area based on conditions 
     specified in this paragraph shall be required, and shall be 
     made by the President or the Administrator; or
       ``(ii) if no declaration has been made pursuant to clause 
     (i), the Governor of a State in which a significant increase 
     in the price of heating oil, natural gas, gasoline, propane, 
     or kerosene has occurred may certify to the Administration 
     that small business concerns have suffered economic injury as 
     a result of such increase and are in need of financial 
     assistance which is not otherwise available on reasonable 
     terms in that State, and upon receipt of such certification, 
     the Administration may make such loans as would have been 
     available under this paragraph if a disaster declaration had 
     been issued.
       ``(F) Notwithstanding any other provision of law, loans 
     made under this paragraph may be used by a small business 
     concern described in subparagraph (B) to convert from the use 
     of heating oil, natural gas, gasoline, propane, or kerosene 
     to a renewable or alternative energy source, including 
     agriculture and urban waste, geothermal energy, cogeneration, 
     solar energy, wind energy, or fuel cells.''.
       (2) Conforming amendments.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (A) by inserting ``, significant increase in the price of 
     heating oil, natural gas, gasoline, propane, or kerosene'' 
     after ``civil disorders''; and
       (B) by inserting ``other'' before ``economic''.
       (3) Report.--Not later than 12 months after the date on 
     which the Administrator of the Small Business Administration 
     issues guidelines under subsection (n)(1), and annually 
     thereafter, the Administrator shall submit to the Committee 
     on Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives, 
     a report on the effectiveness of the assistance made 
     available under section 7(b)(7) of the Small Business Act, as 
     added by this subsection, including--
       (A) the number of small business concerns that applied for 
     a loan under such section 7(b)(7) and the number of those 
     that received such loans;
       (B) the dollar value of those loans;
       (C) the States in which the small business concerns that 
     received such loans are located;
       (D) the type of energy that caused the significant increase 
     in the cost for the participating small business concerns; 
     and
       (E) recommendations for ways to improve the assistance 
     provided under such section 7(b)(7), if any.
       (4) Effective date.--The amendments made by this subsection 
     shall apply during the 4-year period beginning on the earlier 
     of the date on which guidelines are published by the 
     Administrator of the Small Business Administration under 
     subsection (n), or 30 days after the date of enactment of 
     this Act, with respect to assistance under section 7(b)(7) of 
     the Small Business Act, as added by this subsection.
       (m) Farm Energy Emergency Relief.--
       (1) In general.--Section 321(a) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1961(a)) is amended--
       (A) in the first sentence--
       (i) by striking ``operations have'' and inserting 
     ``operations (i) have''; and
       (ii) by inserting before ``: Provided,'' the following: ``, 
     or (ii)(I) are owned or operated by such an applicant that is 
     also a small business concern (as defined in section 3 of the 
     Small Business Act (15 U.S.C. 632)), and (II) have suffered 
     or are likely to suffer substantial economic injury on or 
     after January 1, 2005, as the result of a significant 
     increase in energy costs or input costs from energy sources 
     occurring on or after January 1, 2005, in connection with an 
     energy emergency declared by the President or the 
     Secretary'';
       (B) in the third sentence, by inserting before the period 
     at the end the following: ``or by an energy emergency 
     declared by the President or the Secretary''; and
       (C) in the fourth sentence--
       (i) by inserting ``or energy emergency'' after ``natural 
     disaster'' each place that term appears; and
       (ii) by inserting ``or declaration'' after ``emergency 
     designation''.
       (2) Funding.--Funds available on the date of enactment of 
     this Act for emergency loans under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.) shall be available to carry out the amendments made by 
     subparagraph (A) to meet the needs resulting from natural 
     disasters.
       (3) Report.--Not later than 12 months after the date on 
     which the Secretary of Agriculture issues guidelines under 
     subsection (n)(1), and annually thereafter, the Secretary 
     shall submit to the Committee on Small Business and 
     Entrepreneurship and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate and to the Committee on Small 
     Business and the Committee on Agriculture of the House of 
     Representatives, a report that--
       (A) describes the effectiveness of the assistance made 
     available under section 321(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961(a)), as amended by this 
     section; and
       (B) contains recommendations for ways to improve the 
     assistance provided under such section 321(a).
       (4) Effective date.--The amendments made by this subsection 
     shall apply during the 4-year period beginning on the earlier 
     of the date on which guidelines are published by the 
     Secretary of Agriculture under subsection (n), or 30 days 
     after the date of enactment of this Act, with respect to 
     assistance under section 321(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961(a)), as amended by this 
     subsection.
       (n) Guidelines and Rulemaking.--
       (1) Guidelines.--Not later than 30 days after the date of 
     enactment of this Act, the

[[Page S9887]]

     Administrator of the Small Business Administration and the 
     Secretary of Agriculture shall each issue guidelines to carry 
     out subsections (l) and (m), and the amendments made thereby, 
     which guidelines shall become effective on the date of their 
     issuance.
       (2) Rulemaking.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration, after consultation with the 
     Secretary of Energy, shall promulgate regulations specifying 
     the method for determining a significant increase in the 
     price of kerosene under section 7(b)(7)(A)(iii)(II) of the 
     Small Business Act (15 U.S.C. 636(b)), as added by subsection 
     (l).
       (o) Emergency Spending.--Appropriations under this section 
     are emergency spending, as provided under section 402 of H. 
     Con. Res. 95 (108th Congress).
                                 ______
                                 
  SA 1680. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, beginning on line 24, strike ``duties:'' and 
     insert the following: ``duties: Provided further, That not 
     later than 30 days after the date of enactment of this Act, 
     the United States Trade Representative shall make a 
     determination as to whether the distribution of funds 
     pursuant to section 754 of the Tariff Act of 1930 (19 U.S.C. 
     1675c) is inconsistent with the obligations of the United 
     States as a Member of the World Trade Organization and report 
     that determination to Congress and if the determination of 
     the United States Trade Representative is that the 
     distribution of funds pursuant to such section 754 is 
     inconsistent with the obligations of the United States as a 
     Member of the World Trade Organization, the United States 
     Trade Representative shall continue to monitor and assess 
     whether the distribution of such funds is inconsistent with 
     such obligations and if at any time, the United States Trade 
     Representative determines that there has been a change in 
     circumstances, and as a result of such changed circumstances, 
     the distribution of funds pursuant to such section 754 is not 
     inconsistent with the obligations of the United States as a 
     Member of the World Trade Organization, the United States 
     Trade Representative shall, within 30 days of that 
     determination, report the determination to Congress: Provided 
     further, That notwithstanding any other provision of law, no 
     funds may be made available, obligated, or distributed 
     pursuant to such section 754 until the date that is 30 days 
     after the date on which the United States Trade 
     Representative reports a determination to Congress pursuant 
     to the preceding proviso that the distribution of funds 
     pursuant to such section 754 is not inconsistent with the 
     obligations of the United States as a Member of the World 
     Trade Organization:'' .
                                 ______
                                 
  SA 1681. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 144, beginning on line 20, strike the following: 
     ``Provided further, That negotiations shall be conducted 
     within the World Trade Organization to recognize the right of 
     members to distribute monies collected from antidumping and 
     countervailing duties:''.
                                 ______
                                 
  SA 1682. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

         On page 145, beginning on line 12, strike ``Provided 
     further,'' and all that follows through line 15.
                                 ______
                                 
  SA 1683. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 154, strike lines 7 through 13.
                                 ______
                                 
  SA 1684. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, beginning on line 18, strike ``Provided 
     further, that not less than $2,000,000 provided under this 
     heading shall be for expenses authorized by 19 U.S.C. 2451 
     and 1677b(c):''.
                                 ______
                                 
  SA 1685. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, beginning on line 21, strike the following: 
     ``Provided further, That negotiations shall be conducted 
     within the World Trade Organization to recognize the right of 
     members to distribute monies collected from antidumping and 
     countervailing duties:''.
                                 ______
                                 
  SA 1686. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, beginning on line 25, strike the following: 
     ``Provided further, That negotiations shall be conducted 
     within the World Trade Organization consistent with the 
     negotiating objectives contained in the Trade Act of 2002, 
     Public Law 107-210.''.

  Mr. McCONNELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________