[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[House]
[Pages H10039-H10041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 1751

                         Offered By: Mr. Flake

       Amendment No. 1: Add at the end the following:

     SEC. __. COLLATERAL REVIEW IN CAPITAL CASES.

       (a) Review by Attorney General.--
       (1) Applicability.--Section 2261 of title 28, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Counsel.--This chapter is applicable if--
       ``(1) the Attorney General of the United States certifies 
     that a State has established a mechanism for providing 
     counsel in postconviction proceedings as provided in section 
     2265; and
       ``(2) counsel was appointed pursuant to that mechanism, 
     petitioner validly waived counsel, petitioner retained 
     counsel, or petitioner was found not to be indigent.''.
       (2) Scope of prior representation.--Section 2261(d) of 
     title 28, United States Code is amended by striking ``or on 
     direct appeal''.
       (3) Certification and judicial review.--
       (A) In general.--Chapter 154 of title 28, United States 
     Code, is amended by striking section 2265 and inserting the 
     following:

     ``Sec. 2265. Certification and judicial review

       ``(a) Certification.--
       ``(1) In general.--If requested by an appropriate State 
     official, the Attorney General of the United States shall 
     determine--
       ``(A) whether the State has established a mechanism for the 
     appointment, compensation, and payment of reasonable 
     litigation expenses of competent counsel in State 
     postconviction proceedings brought by indigent prisoners who 
     have been sentenced to death;
       ``(B) the date on which the mechanism described in 
     subparagraph (A) was established; and
       ``(C) whether the State provides standards of competency 
     for the appointment of counsel in proceedings described in 
     subparagraph (A).
       ``(2) Effective date.--The date the mechanism described in 
     paragraph (1)(A) was established shall be the effective date 
     of the certification under this subsection.
       ``(3) Requirements.--
       ``(A) In general.--To qualify for certification under 
     paragraph (1)--
       ``(i) any mechanism described in subsection (1)(A) that was 
     created on or after the effective date of the Antiterrorism 
     and Effective Death Penalty Act of 1996 (Public Law 104-132) 
     shall be created by statute, rule of the court of last 
     resort, or rule of an agency authorized by State law to 
     promulgate statewide rules of court and must meet the 
     requirements of section 2261(c); and
       ``(ii) for any mechanism described in subsection (1)(A) 
     that was created prior to the effective date of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (Public 
     Law 104-132), all or part of the qualifying mechanism and 
     standards may have been created by published policies, 
     practices, and standards of the court of last resort or of a 
     statewide judicial administrative agency, and the State must 
     have substantially complied with the requirements of this 
     section and section 2261 in providing qualified counsel to 
     indigent prisoners sentenced to death who did not validly 
     waive counsel.
       ``(B) Only express requirements.--There are no requirements 
     for certification or for application of this chapter other 
     than those expressly stated in this chapter.
       ``(b) Regulations.--The Attorney General shall promulgate 
     regulations to implement the certification procedure under 
     subsection (a).
       ``(c) Review of Certification.--
       ``(1) In general.--The determination by the Attorney 
     General regarding whether to certify a State under this 
     section is subject to review exclusively as provided under 
     chapter 158 of this title.
       ``(2) Venue.--The Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction over 
     matters under paragraph (1), subject to review by the Supreme 
     Court under section 2350 of this title.
       ``(3) Standard of review.--The determination by the 
     Attorney General regarding whether to certify a State under 
     this section shall be conclusive, unless manifestly contrary 
     to the law and an abuse of discretion.''.
       (B) Clerical amendment.--The table of sections for chapter 
     154 of title 28, United States Code, is amended by striking 
     the item related to section 2265 and inserting the following:

``2265. Certification and judicial review.''.

       (b) Time Limits.--Section 2266(b)(1)(A) of title 28, United 
     States Code, is amended by striking ``180 days after the date 
     on which the application is filed.'' and inserting ``450 days 
     after the date on which the application is filed, or 60 days 
     after the date on which the case is submitted for decision, 
     whichever is earlier.''.
       (c) Tolling.--Section 2263(b) of title 28, United States 
     Code, is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively; and
       (2) by inserting before paragraph (2) the following:
       ``(1) if counsel is offered to a State prisoner under 
     section 2261(c)(1), during the period prior to such offer;''.
       (d) Scope of Review.--Section 2264 of title 28, United 
     States Code, is amended by redesignating subsection (b) as 
     subsection (d) and inserting after subsection (a) the 
     following:
       ``(b) Validity of Conviction.--A court, justice, or judge 
     shall not have jurisdiction to consider a claim in an 
     application under this chapter unless the claim concerns the 
     validity of the conviction of the applicant for the 
     underlying offense for which the applicant was sentenced to 
     death. For a claim involving the offense of murder, 
     conviction for the underlying offense means conviction for 
     murder in any degree.
       ``(c) Relief.--For any claim brought under this section, 
     relief shall not be granted, unless the denial of relief--
       ``(1) is contrary to, or would entail an unreasonable 
     application of, clearly established Federal law, as 
     determined by the Supreme Court of the United States; or
       ``(2) would entail an unreasonable determination of a 
     factual matter.''.
       (e) Priority to Capital Cases.--Section 2251 of title 28, 
     United States Code, is amended--

[[Page H10040]]

       (1) in the first undesignated paragraph by striking ``A 
     justice'' and inserting the following:
       ``(a) In General.--
       ``(1) Pending matters.--A justice'';
       (2) in the second undesignated paragraph, by striking 
     ``After the'' and inserting the following:
       ``(b) No Further Proceedings.--After the'';
       (3) in subsection (a), as so designated by paragraph (1), 
     by adding at the end the following:
       ``(2) Matter not pending.--
       ``(A) In general.--A habeas corpus proceeding is not 
     pending, for this purpose, until the application is filed.
       ``(B) Application for counsel.--If a State prisoner 
     sentenced to death applies for appointment of counsel 
     pursuant to section 408(q)(4)(B) of the Controlled Substances 
     Act (21 U.S.C. 848(q)(4)(B)) in a court that would have 
     jurisdiction to entertain a habeas application regarding that 
     sentence, that court may stay execution of the sentence of 
     death, but such a prefiling stay shall terminate not later 
     than 60 days after counsel is appointed or the application 
     for appointment of counsel is withdrawn or denied.''; and
       (4) by adding at the end the following:
       ``(c) Stay of Matters.--
       ``(1) Scope of authority to stay.--This section, section 
     2262, and section 2101 are the exclusive sources of authority 
     for Federal courts to stay sentences of death entered by 
     State courts.
       ``(2) Priority of cases.--Any case in which a stay of a 
     sentence of death has been entered pursuant to this section 
     shall have priority over all noncapital cases.
       ``(3) Plan for cases.--Every Federal court that hears 
     capital habeas corpus cases shall adopt a plan to ensure that 
     such cases are completed in the minimum amount of time that 
     is consistent with due process.
       ``(4) Mental condition.--A Federal court shall not stay a 
     capital habeas proceeding on the basis of the mental 
     condition of the petitioner unless the petitioner is 
     incompetent to be executed.''.
       (f) Additional Provisions.--
       (1) Uniform review standard.--Section 107(c) of the 
     Antiterrorism and Effective Death Penalty Act of 1996 (28 
     U.S.C. 2261 note) is amended by striking ``Chapter 154 of 
     title 28, United States Code (as amended by subsection (a))'' 
     and inserting ``This title and the amendments made by this 
     title''.
       (2) Finality of review.--Section 2244(b)(3)(E) of title 28, 
     United States Code, is amended by striking ``the subject of a 
     petition'' and all that follows through the end of the 
     subparagraph and inserting the following: ``reheard in the 
     court of appeals or reviewed by writ of certiorari.''.
       (3) Clemency and pardon decisions.--
       (A) In general.--Chapter 85 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1370. State clemency and pardon decisions

       ``(a) In General.--Except as provided under subsection (b), 
     and notwithstanding any other provision of law, no Federal 
     court shall have jurisdiction to hear any cause or claim 
     arising from the exercise of a State's executive clemency or 
     pardon power, or the process or procedures used under such 
     power.
       ``(b) Exception.--This section does not affect the 
     jurisdiction of the Supreme Court to review any decision of 
     the highest court of a State that involves a cause or claim 
     arising from the exercise of a State's executive clemency or 
     pardon power, or the process or procedures used under such 
     power.''.
       (B) Clerical amendment.--The table of sections for chapter 
     85 of title 28, United States Code, is amended by adding at 
     the end the following:

``1370. State clemency and pardon decisions.''.

       (g) Application to Pending Cases.--
       (1) In general.--Except as otherwise provided in this 
     section, this section and the amendments made by this section 
     shall apply to cases pending on and after the date of 
     enactment of this Act.
       (2) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this section 
     establish a time limit for taking certain action, the period 
     of which began on the date of an event that occurred prior to 
     the date of enactment of this Act, the period of such time 
     limit shall instead begin on the date of enactment of this 
     Act.

                               H.R. 4241

                         Offered By: Mr. Flake

       Amendment No. 1: At the end of title III, add the following 
     new subtitle:

                          Subtitle E--Medicare

     SEC. 3501. DELAY IN IMPLEMENTATION OF MEDICARE PRESCRIPTION 
                   DRUG PROGRAM FOR ALL BUT LOWEST-INCOME SUBSIDY 
                   ELIGIBLE INDIVIDUALS.

       (a) In General.--Section 1860D-1(a) of the Social Security 
     Act (42 U.S.C. 1395w-101(a)) is amended by adding at the end 
     the following new paragraph:
       ``(4) Limitation during 2006 and 2007.--
       ``(A) In general.--With respect to benefits during 2006 and 
     2007, no individual shall be treated as a part D eligible 
     individual unless the individual is described in section 
     1860D-14(a)(1).
       ``(B) Transition.--For individuals who would be part D 
     eligible individuals but for subparagraph (A), the 
     enrollment-related provisions of this part (and related 
     provisions of part C) shall be applied as if any dates 
     otherwise specified had been delayed for 2 years.''.
       (b) Continuation of Drug Discount Card Program for 
     Nonqualifying Individuals.--Section 1860D-31(a)(2) of such 
     Act (42 U.S.C. 1395w-141(a)(2)) is amended by adding at the 
     end the following new subparagraph:
       ``(D) Continuation for certain individuals.--
     Notwithstanding any other provision of this section, this 
     section shall continue to operate during 2006 and 2007 in the 
     same manner it operated during 2005 in the case of discount 
     card eligible individuals who would be part D eligible 
     individuals during such period but for the application of 
     section 1860D-1(a)(4)(A).''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective as if included in the enactment of 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (Public Law 108-173).

                               H.R. 4241

                         Offered By: Mr. Flake

       Amendment No. 2: At the end of title III, add the following 
     new subtitle:

                          Subtitle E--Medicare

     SEC. 3501. ONE-YEAR DELAY IN THE IMPLEMENTATION OF THE 
                   VOLUNTARY PRESCRIPTION DRUG BENEFIT PROGRAM.

       Notwithstanding any other provision of law, the Secretary 
     of Health and Human Services shall provide for a one-year 
     delay in the enrollment of individuals in prescription drug 
     plans and MA-PD plans under title XVIII of the Social 
     Security Act. In effecting such delay, the Secretary shall 
     provide for an appropriate delay in contracts with such plans 
     and in open enrollment periods.

     SEC. 3502. ONE-YEAR EXTENSION OF THE MEDICARE PRESCRIPTION 
                   DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE 
                   PROGRAM; CONTINUATION OF MEDICAID PRESCRIPTION 
                   DRUG BENEFITS.

       (a) Continuation of Drug Discount Card Program.--
     Notwithstanding any other provision of law, the Secretary of 
     Health and Human Services shall continue to provide for the 
     medicare prescription drug discount card and transitional 
     assistance program under subpart 4 of part D of title XVIII 
     of the Social Security Act during 2006 under the same terms 
     and conditions that apply during 2005.
       (b) Continuation of Medicaid Coverage of Prescription 
     Drugs.--Notwithstanding any other provision of law, the 
     Secretary of Health and Human Services shall continue to 
     provide for coverage of prescription drugs under the medicaid 
     program during 2006 under section 1927 of the Social Security 
     Act (42 U.S.C. 1396r-8) under the same terms and conditions 
     that apply during 2005.

                               H.R. 4241

                         Offered By: Mr. Flake

       Amendment No. 3: At the end of title III, add the following 
     new subtitle:

                          Subtitle E--Medicare

     SEC. 3501. TWO-YEAR DELAY IN THE IMPLEMENTATION OF THE 
                   VOLUNTARY PRESCRIPTION DRUG BENEFIT PROGRAM.

       Notwithstanding any other provision of law, the Secretary 
     of Health and Human Services shall provide for a two-year 
     delay in the enrollment of individuals in prescription drug 
     plans and MA-PD plans under title XVIII of the Social 
     Security Act. In effecting such delay, the Secretary shall 
     provide for an appropriate delay in contracts with such plans 
     and in open enrollment periods.

     SEC. 3502. TWO-YEAR EXTENSION OF THE MEDICARE PRESCRIPTION 
                   DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE 
                   PROGRAM; CONTINUATION OF MEDICAID PRESCRIPTION 
                   DRUG BENEFITS.

       (a) Continuation of Drug Discount Card Program.--
     Notwithstanding any other provision of law, the Secretary of 
     Health and Human Services shall continue to provide for the 
     medicare prescription drug discount card and transitional 
     assistance program under subpart 4 of part D of title XVIII 
     of the Social Security Act during 2006 and 2007 under the 
     same terms and conditions that apply during 2005.
       (b) Continuation of Medicaid Coverage of Prescription 
     Drugs.--Notwithstanding any other provision of law, the 
     Secretary of Health and Human Services shall continue to 
     provide for coverage of prescription drugs under the medicaid 
     program during 2006 and 2007 under section 1927 of the Social 
     Security Act (42 U.S.C. 1396r-8) under the same terms and 
     conditions that apply during 2005.

                               H.R. 4241

                         Offered By: Mr. Flake

       Amendment No. 4: At the end of title VII of the bill, 
     insert the following:

     SEC. 7002. TRANSPORTATION FUNDING FLEXIBILITY.

       (a) Highway Bridge Program.--Section 144(g)(1) of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(D) Funding Flexibility.--If a State is provided funds 
     under subparagraph (A) for a project described in 
     subparagraph (A), the State may use all or any portion of 
     such funds to carry out such project or any other project 
     eligible for assistance under this section that the State 
     designates.''.
       (b) Projects of National and Regional Significance.--
     Section 1301 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law

[[Page H10041]]

     109-59) is amended by adding at the end the following:
       ``(n) Funding Flexibility.--If a State is provided funds 
     under this section for a project described in the table 
     contained in subsection (m), the State may use all or any 
     portion of such funds to carry out such project or any other 
     project eligible for assistance under this section that the 
     State designates.''.
       (c) National Corridor Infrastructure Improvement Program.--
     Section 1302 such Act is amended by adding at the end the 
     following:
       ``(f) Funding Flexibility.--If a State is provided funds 
     under this section for a project described in the table 
     contained in subsection (e), the State may use all or any 
     portion of such funds to carry out such project or any other 
     project eligible for assistance under this section that the 
     State designates.''.
       (d) High Priority Projects Program.--Section 117 of title 
     23, United States Code, is amended by adding at the end the 
     following:
       ``(i) Funding Flexibility.--If a State is provided funds 
     under this section for a project described in the table 
     contained in section 1702 of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users 
     (Public Law 109-59), the State may use all or any portion of 
     such funds to carry out such project or any other project 
     eligible for assistance under the surface transportation 
     program in section 133 that the State designates.''.
       (e) Transportation Improvements.--Section 1934 of such Act 
     is amended by adding at the end the following:
       ``(d) Funding Flexibility.--If a State is provided funds 
     under this section for a project described in the table 
     contained in subsection (c), the State may use all or any 
     portion of such funds to carry out such project or any other 
     project eligible for assistance under the surface 
     transportation program in section 133 of title 23, United 
     States Code, that the State designates.''.
       (f) Projects for Bus and Bus-Related Facilities and Clean 
     Funds Grant Program.--Section 3044 of such Act is amended by 
     adding at the end the following:
       ``(d) Funding Flexibility.--If a recipient is provided 
     funds under this section or section 5308 of title 49, United 
     States Code, or both, for a project described in the table 
     contained in subsection (a), the recipient may use all or any 
     portion of such funds to carry out such project or any other 
     project eligible for assistance under this section or section 
     5308 of such title, other than a project to fund any 
     operations of buses or bus-related facilities.''.

     SEC. 7003. SENSE OF CONGRESS.

       It is the sense of Congress that State departments of 
     transportation should take project descriptions in section 
     144(g)(1)(A) of title 23, United States Code, and in the 
     tables contained in sections 1301, 1302, 1702, 1934, and 3044 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59) into 
     consideration if such projects involve improving 
     transportation safety.

     SEC. 7004. ACROSS-THE-BOARD RESCISSIONS.

       (a) Fiscal Year 2006.--
       (1) In general.--On September 30, 2006, there is rescinded 
     $4,718,047,269 of the unobligated balances of funds 
     apportioned before such date to the States for the Interstate 
     maintenance, national highway system, bridge, congestion 
     mitigation and air quality improvement, surface 
     transportation (other than the STP set-aside programs), 
     metropolitan planning, minimum guarantee, Appalachian 
     development highway system, recreational trails, safe routes 
     to school, freight intermodal connectors, coordinated border 
     infrastructure, high risk rural road, high priority projects, 
     and transportation improvements programs and each of the STP 
     set-aside programs.
       (2) Allocation among states.--The Secretary shall determine 
     each State's share of the amount to be rescinded by paragraph 
     (1) by multiplying $4,718,047,269 by the ratio of the 
     aggregate amount apportioned to such State for fiscal year 
     2006 for all the programs referred to in paragraph (1) to the 
     aggregate amount apportioned to all States for such fiscal 
     year for those programs.
       (3) Calculations.--To determine the allocation of the 
     amount to be rescinded for a State under paragraph (2) among 
     the programs referred to in paragraph (1), the Secretary of 
     Transportation shall make the following calculations:
       (A) The Secretary shall multiply such amount to be 
     rescinded by the ratio that the aggregate amount of 
     unobligated funds available to the State on September 30, 
     2006, for each such program bears to the aggregate amount of 
     unobligated funds available to the State on September 30, 
     2006, for all such programs.
       (B) The Secretary shall multiply such amount to be 
     rescinded by the ratio that the aggregate of the amount 
     apportioned to the State for each such program for fiscal 
     year 2006 bears to the aggregate amount apportioned to the 
     State for all such programs for fiscal year 2006.
       (4) Allocation among programs.--
       (A) In general.--The Secretary, in consultation with the 
     State, shall rescind for the State from each program referred 
     to in paragraph (1) the amount determined for the program 
     under paragraph (3)(A).
       (B) Special rule.--
       (i) Restoration of funds for covered programs.--If the 
     rescission calculated under paragraph (3)(A) for a covered 
     program exceeds the amount calculated for the covered program 
     under paragraph (3)(B), the State shall immediately restore 
     to the apportionment account for the covered program from the 
     unobligated balances of programs referred to in paragraph (1) 
     (other than covered programs) the amount of funds required so 
     that the net rescission from the covered program does not 
     exceed the amount calculated for the covered program under 
     paragraph (3)(B).
       (ii) Treatment of restored funds.--Any funds restored under 
     clause (i) shall be deemed to be the funds that were 
     rescinded for the purposes of obligation.
       (C) Covered program defined.--In subparagraph (B), the term 
     ``covered program'' means a program authorized under sections 
     130 and 152 of title 23, United States Code, paragraph (2) or 
     (3) of section 133(d) of that title, section 144 of that 
     title, section 149 of that title, or section 1404 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users (Public Law 109-59).
       (5) Limitation on recalculation of equity bonus program.--
     Notwithstanding any other provision of law, the amounts 
     determined, and the amounts allocated, under section 105 of 
     title 23, United States Code, for fiscal year 2006 shall not 
     be recalculated to take into account a rescission made 
     pursuant to this subsection.
       (6) STP set-aside program defined.--In this subsection, the 
     term ``STP set-aside program'' means the amount set aside 
     under section 133(d) of title 23, United States Code, for 
     each of transportation enhancement activities and the 
     division between urbanized areas of over 200,000 population 
     and other areas.
       (b) Fiscal Year 2007, 2008, and 2009.--
       (1) In general.--Subject to paragraph (2), there is 
     rescinded 10 percent of each amount authorized to be 
     appropriated for each of fiscal years 2007, 2008, and 2009 by 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59), including 
     any amendment made by such Act, and including any amount 
     authorized to be appropriated for the equity bonus program 
     under section 105 of title 23, United States Code, but 
     excluding any amount authorized to be appropriated for the 
     highway safety improvement program.
       (2) Timing.--A rescission made by paragraph (1) of an 
     amount authorized to be appropriated for a fiscal year shall 
     take affect on October 1 of such fiscal year before any 
     apportionment or allocation of such amount and before such 
     amount is subject to any set aside or subtraction.
       (3) Limitation on recalculation of equity bonus program.--
     Notwithstanding any other provision of law, the amounts 
     determined, and the amounts allocated, under section 105 of 
     title 23, United States Code, for a fiscal year shall not be 
     recalculated to take into account a rescission made by this 
     subsection.
       (c) September 30, 2009.--Section 10212 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (Public Law 109-59) is amended in subsection 
     (a) by inserting after ``high risk rural road,'' the 
     following: ``high priority projects, transportation 
     improvements,''.
       (d) Reports.--Not later than the 60th day following the 
     date of each rescission made by subsection (a) or (b), the 
     Secretary of Transportation, in consultation with the 
     Director of the Office of Management and Budget shall submit 
     to the appropriate committees of Congress a report containing 
     the amount rescinded for each program referred to in 
     subsection (a) and the amount rescinded for each program or 
     activity for which there is a rescission made by subsection 
     (b).