[Congressional Record (Bound Edition), Volume 150 (2004), Part 4]
[House]
[Pages 5506-5515]
[From the U.S. Government Publishing Office, www.gpo.gov]




        CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2005

  Mr. NUSSLE. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate concurrent resolution (S. Con. Res. 95) 
setting forth the congressional budget for the United States Government 
for fiscal year 2005 and including the appropriate budgetary levels for 
fiscal years 2006 through 2009, and ask for its immediate consideration 
in the House.
  The SPEAKER pro tempore (Mr. Culberson.) Is there objection to the 
request of the gentleman from Iowa?
  There was no objection.
  The Clerk read the Senate concurrent resolution, as follows:

                            S. Con. Res. 95

       Resolved by the Senate (the House of Representatives 
     concurring),

     SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL 
                   YEAR 2005.

       (a) Declaration.--Congress declares that this resolution is 
     the concurrent resolution on the budget for fiscal year 2005 
     including the appropriate budgetary levels for fiscal years 
     2006 through 2009 as authorized by section 301 of the 
     Congressional Budget Act of 1974 (2 U.S.C. 632).
       (b) Table of Contents.--The table of contents for this 
     concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2005.

                      TITLE I--LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.
Sec. 102. Social security.
Sec. 103. Major functional categories.

                        TITLE II--RECONCILIATION

Sec. 201. Reconciliation in the Senate.

                TITLE III--RESERVE FUNDS AND ADJUSTMENTS

                       Subtitle A--Reserve Funds

Sec. 301. Reserve fund for health insurance for the uninsured.
Sec. 302. Reserve fund for higher education.

[[Page 5507]]

Sec. 303. Reserve for energy legislation.
Sec. 304. Reserve fund for guard and reserve health care.
Sec. 305. Reserve fund for Montgomery GI bill benefits.
Sec. 306. Reserve for funding of Hope Credit.
Sec. 307. Reserve fund for expansion of pediatric vaccine distribution 
              program.
Sec. 308. Reserve fund for addressing minority health disparities.
Sec. 309. Reserve for postal service reform.

     Subtitle B--Adjustments With Respect to Discretionary Spending

Sec. 311. Adjustment for surface transportation.
Sec. 312. Supplemental appropriations for Iraq and related activities 
              for fiscal year 2005.
Sec. 313. Adjustment for wildland fire suppression.
Sec. 314. Reserve fund for eliminating survivor benefit plan-social 
              security offset.

                      TITLE IV--BUDGET ENFORCEMENT

Sec. 401. Restrictions on advance appropriations.
Sec. 402. Extension of emergency rule in the Senate.
Sec. 403. Discretionary spending limits in the Senate.
Sec. 404. Scoring rules.
Sec. 405. Adjustments to reflect changes in concepts and definitions.
Sec. 406. Application and effect of changes in allocations and 
              aggregates.
Sec. 407. Exercise of rulemaking powers.
Sec. 408. Pay-as-you-go point of order in the Senate.

                      TITLE V--SENSE OF THE SENATE

Sec. 501. Sense of the Senate on budget process reform.
Sec. 502. Sense of the Senate on budget process reform with regard to 
              the creation of bipartisan commissions to combat waste, 
              fraud, and abuse and to promote spending efficiency.
Sec. 503. Sense of the Senate on the relationship between annual 
              deficit spending and increases in debt service costs.
Sec. 504. Sense of the Senate regarding the costs of the medicare 
              prescription drug program.
Sec. 505. Sense of the Senate regarding pay parity.
Sec. 506. Sense of the Senate on returning stability to payments under 
              medicare physician fee schedule.
Sec. 507. Sense of the Senate regarding the use of Federal funds to 
              support American companies and American workers.
Sec. 508. Sense of the Senate regarding closing the ``tax gap''.
Sec. 509. Sense of the Senate amendment on drug comparativeness 
              studies.
Sec. 510. Sense of the Senate regarding funding for port security.
Sec. 511. Sense of the Senate regarding tribal colleges and 
              universities.
Sec. 512. Findings and sense of the Senate.
Sec. 513. Sense of the Senate supporting funding restoration for 
              agriculture research and extension.
Sec. 514. Reserve fund for Homeland Security Grant Program, assistance 
              to firefighter grants, and port security grants.
Sec. 515. State Homeland Security Grant Program.
Sec. 516. Strategic Petroleum Reserve.
Sec. 517. Sense of the Senate concerning a National Animal 
              Identification Program.
Sec. 518. Sense of the Senate regarding contributions to The Global 
              Fund to Fight AIDS, Tuberculosis, and Malaria.
Sec. 519. Sense of the Senate concerning child nutrition funding.
Sec. 520. Sense of the Senate regarding compensation for exposure to 
              toxic substances at the Department of Energy.
Sec. 521. Sense of the Senate regarding tax incentives for certain 
              rural communities.
Sec. 522. Sense of the Senate concerning summer food pilot projects.

                      TITLE I--LEVELS AND AMOUNTS

     SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

       The following budgetary levels are appropriate for the 
     fiscal years 2005 through 2009:
       (1) Federal revenues.--For purposes of the enforcement of 
     this resolution--
       (A) The recommended levels of Federal revenues are as 
     follows:
     Fiscal year 2005: $1,453,714,000,000.
     Fiscal year 2006: $1,615,655,000,000.
     Fiscal year 2007: $1,730,119,000,000.
     Fiscal year 2008: $1,822,516,000,000.
     Fiscal year 2009: $1,925,154,000,000.
       (B) The amounts by which the aggregate levels of Federal 
     revenues should be changed are as follows:
     Fiscal year 2005: -$23,420,000,000.
     Fiscal year 2006: -$38,526,000,000.
     Fiscal year 2007: -$24,825,000,000.
     Fiscal year 2008: -$23,274,000,000.
     Fiscal year 2009: -$27,906,000,000.
       (2) New budget authority.--For purposes of the enforcement 
     of this resolution, the appropriate levels of total new 
     budget authority are as follows:
       Fiscal year 2005: $1,958,150,000,000.
       Fiscal year 2006: $2,072,497,000,000.
       Fiscal year 2007: $2,187,109,000,000.
       Fiscal year 2008: $2,294,017,000,000.
       Fiscal year 2009: $2,397,359,000,000.
       (3) Budget outlays.--For purposes of the enforcement of 
     this resolution, the appropriate levels of total budget 
     outlays are as follows:
       Fiscal year 2005: $1,968,807,000,000.
       Fiscal year 2006: $2,061,467,000,000.
       Fiscal year 2007: $2,161,380,000,000.
       Fiscal year 2008: $2,263,755,000,000.
       Fiscal year 2009: $2,363,932,000,000.
       (4) Deficits.--For purposes of the enforcement of this 
     resolution, the amounts of the deficits are as follows:
       Fiscal year 2005: -$515,093,000,000.
       Fiscal year 2006: -$445,812,000,000.
       Fiscal year 2007: -$431,261,000,000.
       Fiscal year 2008: -$441,239,000,000.
       Fiscal year 2009: -$438,778,000,000.
       (5) Debt subject to limit.--The appropriate levels of the 
     public debt are as follows:
       Fiscal year 2005: $8,052,710,000,000.
       Fiscal year 2006: $8,624,516,000,000.
       Fiscal year 2007: $9,178,616,000,000.
       Fiscal year 2008: $9,742,730,000,000.
       Fiscal year 2009: $10,308,215,000,000.
       (6) Debt held by the public.--The appropriate levels of the 
     debt held by the public are as follows:
       Fiscal year 2005: $4,741,120,000,000.
       Fiscal year 2006: $5,009,410,000,000.
       Fiscal year 2007: $5,247,139,000,000.
       Fiscal year 2008: $5,479,268,000,000.
       Fiscal year 2009: $5,696,111,000,000.

     SEC. 102. SOCIAL SECURITY.

       (a) Social Security Revenues.--For purposes of Senate 
     enforcement under sections 302 and 311 of the Congressional 
     Budget Act of 1974, the amounts of revenues of the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund are as follows:
       Fiscal year 2005: $572,314,000,000.
       Fiscal year 2006: $600,902,000,000.
       Fiscal year 2007: $629,333,000,000.
       Fiscal year 2008: $658,731,000,000.
       Fiscal year 2009: $689,620,000,000.
       (b) Social Security Outlays.--For purposes of Senate 
     enforcement under sections 302 and 311 of the Congressional 
     Budget Act of 1974, the amounts of outlays of the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund are as follows:
       Fiscal year 2005: $396,159,000,000.
       Fiscal year 2006: $406,390,000,000.
       Fiscal year 2007: $419,424,000,000.
       Fiscal year 2008: $433,487,000,000.
       Fiscal year 2009: $450,288,000,000.
       (c) Social Security Administrative Expenses.--In the 
     Senate, the amounts of new budget authority and budget 
     outlays of the Federal Old-Age and Survivors Insurance Trust 
     Fund and the Federal Disability Insurance Trust Fund for 
     administrative expenses are as follows:
       Fiscal year 2005:
       (A) New budget authority, $4,249,000,000.
       (B) Outlays, $4,264,000,000.
       Fiscal year 2006:
       (A) New budget authority, $4,352,000,000.
       (B) Outlays, $4,335,000,000.
       Fiscal year 2007:
       (A) New budget authority, $4,477,000,000.
       (B) Outlays, $4,457,000,000.
       Fiscal year 2008:
       (A) New budget authority, $4,617,000,000.
       (B) Outlays, $4,594,000,000.
       Fiscal year 2009:
       (A) New budget authority, $4,762,000,000.
       (B) Outlays, $4,738,000,000.

     SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

       Congress determines and declares that the appropriate 
     levels of new budget authority, budget outlays, new direct 
     loan obligations, and new primary loan guarantee commitments 
     for fiscal years 2005 through 2009 for each major functional 
     category are:
       (1) National Defense (050):
       Fiscal year 2005:
       (A) New budget authority, $422,157,000,000.
       (B) Outlays, $449,442,000,000.
       Fiscal year 2006:
       (A) New budget authority, $445,708,000,000.
       (B) Outlays, $442,157,000,000.
       Fiscal year 2007:
       (A) New budget authority, $456,148,000,000.
       (B) Outlays, $441,732,000,000.
       Fiscal year 2008:
       (A) New budget authority, $467,482,000,000.
       (B) Outlays, $451,564,000,000.
       Fiscal year 2009:
       (A) New budget authority, $479,494,000,000.
       (B) Outlays, $463,106,000,000.
       (2) International Affairs (150):
       Fiscal year 2005:
       (A) New budget authority, $31,970,000,000.
       (B) Outlays, $34,032,000,000.
       Fiscal year 2006:
       (A) New budget authority, $34,855,000,000.
       (B) Outlays, $33,192,000,000.
       Fiscal year 2007:
       (A) New budget authority, $35,499,000,000.
       (B) Outlays, $31,746,000,000.
       Fiscal year 2008:
       (A) New budget authority, $35,856,000,000.
       (B) Outlays, $31,640,000,000.
       Fiscal year 2009:

[[Page 5508]]

       (A) New budget authority, $35,912,000,000.
       (B) Outlays, $32,059,000,000.
       (3) General Science, Space, and Technology (250):
       Fiscal year 2005:
       (A) New budget authority, $24,278,000,000.
       (B) Outlays, $23,752,000,000.
       Fiscal year 2006:
       (A) New budget authority, $25,412,000,000.
       (B) Outlays, $24,863,000,000.
       Fiscal year 2007:
       (A) New budget authority, $26,269,000,000.
       (B) Outlays, $25,613,000,000.
       Fiscal year 2008:
       (A) New budget authority, $26,499,000,000.
       (B) Outlays, $25,914,000,000.
       Fiscal year 2009:
       (A) New budget authority, $26,547,000,000.
       (B) Outlays, $26,095,000,000.
       (4) Energy (270):
       Fiscal year 2005:
       (A) New budget authority, $1,093,000,000.
       (B) Outlays, -$546,000,000.
       Fiscal year 2006:
       (A) New budget authority, $2,762,000,000.
       (B) Outlays, $1,653,000,000.
       Fiscal year 2007:
       (A) New budget authority, $2,781,000,000.
       (B) Outlays, $1,214,000,000.
       Fiscal year 2008:
       (A) New budget authority, $2,501,000,000.
       (B) Outlays, $601,000,000.
       Fiscal year 2009:
       (A) New budget authority, $2,082,000,000.
       (B) Outlays, $718,000,000.
       (5) Natural Resources and Environment (300):
       Fiscal year 2005:
       (A) New budget authority, $36,160,000,000.
       (B) Outlays, $31,191,000,000.
       Fiscal year 2006:
       (A) New budget authority, $32,909,000,000.
       (B) Outlays, $33,529,000,000.
       Fiscal year 2007:
       (A) New budget authority, $32,895,000,000.
       (B) Outlays, $34,099,000,000.
       Fiscal year 2008:
       (A) New budget authority, $32,825,000,000.
       (B) Outlays, $33,879,000,000.
       Fiscal year 2009:
       (A) New budget authority, $33,523,000,000.
       (B) Outlays, $33,974,000,000.
       (6) Agriculture (350):
       Fiscal year 2005:
       (A) New budget authority, $21,746,000,000.
       (B) Outlays, $20,976,000,000.
       Fiscal year 2006:
       (A) New budget authority, $23,806,000,000.
       (B) Outlays, $22,574,000,000.
       Fiscal year 2007:
       (A) New budget authority, $24,698,000,000.
       (B) Outlays, $23,509,000,000.
       Fiscal year 2008:
       (A) New budget authority, $24,604,000,000.
       (B) Outlays, $23,483,000,000.
       Fiscal year 2009:
       (A) New budget authority, $25,563,000,000.
       (B) Outlays, $24,623,000,000.
       (7) Commerce and Housing Credit (370):
       Fiscal year 2005:
       (A) New budget authority, $7,864,000,000.
       (B) Outlays, $2,935,000,000.
       Fiscal year 2006:
       (A) New budget authority, $8,041,000,000.
       (B) Outlays, $2,593,000,000.
       Fiscal year 2007:
       (A) New budget authority, $9,141,000,000.
       (B) Outlays, $3,406,000,000.
       Fiscal year 2008:
       (A) New budget authority, $9,336,000,000.
       (B) Outlays, $2,550,000,000.
       Fiscal year 2009:
       (A) New budget authority, $9,826,000,000.
       (B) Outlays, $2,766,000,000.
       (8) Transportation (400):
       Fiscal year 2005:
       (A) New budget authority, $69,985,000,000.
       (B) Outlays, $68,390,000,000.
       Fiscal year 2006:
       (A) New budget authority, $70,923,000,000.
       (B) Outlays, $70,998,000,000.
       Fiscal year 2007:
       (A) New budget authority, $71,428,000,000.
       (B) Outlays, $72,207,000,000.
       Fiscal year 2008:
       (A) New budget authority, $71,760,000,000.
       (B) Outlays, $72,571,000,000.
       Fiscal year 2009:
       (A) New budget authority, $72,241,000,000.
       (B) Outlays, $72,597,000,000.
       (9) Community and Regional Development (450):
       Fiscal year 2005:
       (A) New budget authority, $13,897,000,000.
       (B) Outlays, $14,986,000,000.
       Fiscal year 2006:
       (A) New budget authority, $13,682,000,000.
       (B) Outlays, $15,220,000,000.
       Fiscal year 2007:
       (A) New budget authority, $13,851,000,000.
       (B) Outlays, $14,321,000,000.
       Fiscal year 2008:
       (A) New budget authority, $13,979,000,000.
       (B) Outlays, $13,818,000,000.
       Fiscal year 2009:
       (A) New budget authority, $14,150,000,000.
       (B) Outlays, $13,913,000,000.
       (10) Education, Training, Employment, and Social Services 
     (500):
       Fiscal year 2005:
       (A) New budget authority, $100,414,000,000.
       (B) Outlays, $89,304,000,000.
       Fiscal year 2006:
       (A) New budget authority, $95,314,000,000.
       (B) Outlays, $94,577,000,000.
       Fiscal year 2007:
       (A) New budget authority, $95,628,000,000.
       (B) Outlays, $93,799,000,000.
       Fiscal year 2008:
       (A) New budget authority, $95,858,000,000.
       (B) Outlays, $94,262,000,000.
       Fiscal year 2009:
       (A) New budget authority, $96,168,000,000.
       (B) Outlays, $94,684,000,000.
       (11) Health (550):
       Fiscal year 2005:
       (A) New budget authority, $252,299,000,000.
       (B) Outlays, $247,712,000,000.
       Fiscal year 2006:
       (A) New budget authority, $254,677,000,000.
       (B) Outlays, $255,618,000,000.
       Fiscal year 2007:
       (A) New budget authority, $267,998,000,000.
       (B) Outlays, $27,754,000,000.
       Fiscal year 2008:
       (A) New budget authority, $286,815,000,000.
       (B) Outlays, $286,525,000,000.
       Fiscal year 2009:
       (A) New budget authority, $307,860,000,000.
       (B) Outlays, $305,533,000,000.
       (12) Medicare (570):
       Fiscal year 2005:
       (A) New budget authority, $287,513,000,000.
       (B) Outlays, $288,654,000,000.
       Fiscal year 2006:
       (A) New budget authority, $322,517,000,000.
       (B) Outlays, $322,035,000,000.
       Fiscal year 2007:
       (A) New budget authority, $361,999,000,000.
       (B) Outlays, $362,277,000,000.
       Fiscal year 2008:
       (A) New budget authority, $386,753,000,000.
       (B) Outlays, $386,795,000,000.
       Fiscal year 2009:
       (A) New budget authority, $412,922,000,000.
       (B) Outlays, $412,515,000,000.
       (13) Income Security (600):
       Fiscal year 2005:
       (A) New budget authority, $337,868,000,000.
       (B) Outlays, $342,111,000,000.
       Fiscal year 2006:
       (A) New budget authority, $343,354,000,000.
       (B) Outlays, $346,782,000,000.
       Fiscal year 2007:
       (A) New budget authority, $348,271,000,000.
       (B) Outlays, $350,920,000,000.
       Fiscal year 2008:
       (A) New budget authority, $361,670,000,000.
       (B) Outlays, $363,674,000,000.
       Fiscal year 2009:
       (A) New budget authority, $371,602,000,000.
       (B) Outlays, $373,123,000,000.
       (14) Social Security (650):
       Fiscal year 2005:
       (A) New budget authority, $15,214,000,000.
       (B) Outlays, $15,214,000,000.
       Fiscal year 2006:
       (A) New budget authority, $16,779,000,000.
       (B) Outlays, $16,779,000,000.
       Fiscal year 2007:
       (A) New budget authority, $18,269,000,000.
       (B) Outlays, $18,269,000,000.
       Fiscal year 2008:
       (A) New budget authority, $20,218,000,000.
       (B) Outlays, $20,218,000,000.
       Fiscal year 2009:
       (A) New budget authority, $22,229,000,000.
       (B) Outlays, $22,229,000,000.
       (15) Veterans Benefits and Services (700):
       Fiscal year 2005:
       (A) New budget authority, $71,546,000,000.
       (B) Outlays, $70,159,000,000.
       Fiscal year 2006:
       (A) New budget authority, $68,196,000,000.
       (B) Outlays, $67,731,000,000.
       Fiscal year 2007:
       (A) New budget authority, $66,209,000,000.
       (B) Outlays, $65,834,000,000.
       Fiscal year 2008:
       (A) New budget authority, $69,326,000,000.
       (B) Outlays, $69,132,000,000.
       Fiscal year 2009:
       (A) New budget authority, $69,888,000,000.
       (B) Outlays, $69,660,000,000.
       (16) Administration of Justice (750):
       Fiscal year 2005:
       (A) New budget authority, $41,841,000,000.
       (B) Outlays, $40,727,000,000.
       Fiscal year 2006:
       (A) New budget authority, $39,490,000,000.
       (B) Outlays, $40,336,000,000.
       Fiscal year 2007:
       (A) New budget authority, $40,099,000,000.
       (B) Outlays, $40,462,000,000.
       Fiscal year 2008:
       (A) New budget authority, $40,870,000,000.
       (B) Outlays, $40,873,000,000.
       Fiscal year 2009:
       (A) New budget authority, $41,206,000,000.
       (B) Outlays, $41,228,000,000.
       (17) General Government (800):
       Fiscal year 2005:
       (A) New budget authority, $16,182,000,000.
       (B) Outlays, $16,742,000,000.
       Fiscal year 2006:
       (A) New budget authority, $17,503,000,000.
       (B) Outlays, $17,110,000,000.
       Fiscal year 2007:
       (A) New budget authority, $17,611,000,000.
       (B) Outlays, $17,245,000,000.
       Fiscal year 2008:
       (A) New budget authority, $17,190,000,000.
       (B) Outlays, $16,878,000,000.
       Fiscal year 2009:
       (A) New budget authority, $17,256,000,000.
       (B) Outlays, $16,763,000,000.
       (18) Net Interest (900):
       Fiscal year 2005:
       (A) New budget authority, $270,115,000,000.
       (B) Outlays, $270,115,000,000.
       Fiscal year 2006:
       (A) New budget authority, $317,196,000,000.

[[Page 5509]]

       (B) Outlays, $317,196,000,000.
       Fiscal year 2007:
       (A) New budget authority, $361,739,000,000.
       (B) Outlays, $361,739,000,000.
       Fiscal year 2008:
       (A) New budget authority, $394,951,000,000.
       (B) Outlays, $394,951,000,000.
       Fiscal year 2009:
       (A) New budget authority, $422,613,000,000.
       (B) Outlays, $422,613,000,000.
       (19) Allowances (920):
       Fiscal year 2005:
       (A) New budget authority, -$11,486,000,000.
       (B) Outlays, -$4,584,000,000.
       Fiscal year 2006:
       (A) New budget authority, -$779,000,000.
       (B) Outlays, -$3,627,000,000.
       Fiscal year 2007:
       (A) New budget authority, -$987,000,000.
       (B) Outlays, -$2,329,000,000.
       Fiscal year 2008:
       (A) New budget authority, -$993,000,000.
       (B) Outlays, -$2,091,000,000.
       Fiscal year 2009:
       (A) New budget authority, -$998,000,000.
       (B) Outlays, -$1,542,000,000.
       (20) Undistributed Offsetting Receipts (950):
       Fiscal year 2005:
       (A) New budget authority, -$52,505,000,000.
       (B) Outlays, -$52,505,000,000.
       Fiscal year 2006:
       (A) New budget authority, -$59,848,000,000.
       (B) Outlays, -$59,848,000,000.
       Fiscal year 2007:
       (A) New budget authority, -$62,437,000,000.
       (B) Outlays, -$62,437,000,000.
       Fiscal year 2008:
       (A) New budget authority, -$63,482,000,000.
       (B) Outlays, -$63,482,000,000.
       Fiscal year 2009:
       (A) New budget authority, -$62,725,000,000.
       (B) Outlays, -$62,725,000,000.

                        TITLE II--RECONCILIATION

     SEC. 201. RECONCILIATION IN THE SENATE.

       (a) Tax Relief.--The Senate Committee on Finance shall 
     report a reconciliation bill not later than September 30, 
     2004, that consists of changes in laws within its 
     jurisdiction sufficient to reduce revenues by not more than 
     $12,311,000,000 for fiscal year 2005 and $80,642,000,000 for 
     the period of fiscal years 2005 through 2009, and to increase 
     outlays by not more than $2,000,000,000 for the period of 
     fiscal years 2005 through 2009.
       (b) Increase in Statutory Debt Limit.--The Committee on 
     Finance shall report a reconciliation bill not later than 
     September 30, 2004, that consists solely of changes in laws 
     within its jurisdiction to increase the statutory debt limit 
     by $664,028,000,000.

                TITLE III--RESERVE FUNDS AND ADJUSTMENTS

                       Subtitle A--Reserve Funds

     SEC. 301. RESERVE FUND FOR HEALTH INSURANCE FOR THE 
                   UNINSURED.

       If the Committee on Finance or the Committee on Health, 
     Education, Labor, and Pensions of the Senate reports a bill 
     or joint resolution, or an amendment thereto is offered or a 
     conference report thereon is submitted, that provides health 
     insurance or expands access to care for the uninsured 
     (including a measure providing for tax deductions for the 
     purchase of health insurance or other measures) and including 
     legislation to reallocate and maintain expiring SCHIP funds 
     rather than allowing such funds to revert to the Treasury, 
     increases access to health insurance through lowering costs, 
     and does not increase the costs of current health insurance 
     coverage, the chairman of the Committee on the Budget may 
     revise allocations of new budget authority and outlays, the 
     revenue aggregates, and other appropriate aggregates to 
     reflect such legislation, provided that such legislation 
     would not increase the deficit for fiscal year 2005 and for 
     the period of fiscal years 2005 through 2009.

     SEC. 302. RESERVE FUND FOR HIGHER EDUCATION.

       If the Committee on Health, Education, Labor, and Pensions 
     of the Senate reports a bill or joint resolution, or if an 
     amendment thereto is offered or a conference report thereon 
     is submitted, that provides, funding for--
       (1) the reauthorization of the Higher Education Act of 
     1965, the chairman of the Committee on the Budget may revise 
     committee allocations for that committee and other 
     appropriate budgetary aggregates and allocations of new 
     budget authority and outlays by the amount provided by that 
     measure for that purpose, but not to exceed $1,000,000,000 in 
     new budget authority and $1,000,000,000 in outlays for fiscal 
     year 2005, $5,000,000,000 in new budget authority and 
     $5,000,000,000 in outlays for the period of fiscal years 2005 
     through 2009; and
       (2) a measure that eliminates the accumulated shortfall of 
     budget authority resulting from insufficient appropriations 
     of discretionary new budget authority previously enacted for 
     the Federal Pell Grant Program for awards made through award 
     year 2004-2005, the chairman of the Committee on the Budget 
     may revise the committee allocation and other appropriate 
     budgetary aggregates by the amount provided by that measure 
     for that purpose, but not to exceed $3,700,000,000 in new 
     budget authority only for fiscal year 2005.

     SEC. 303. RESERVE FOR ENERGY LEGISLATION.

       If a measure, predominately within the jurisdiction of the 
     Committee on Energy and Natural Resources of the Senate 
     (including a bill or joint resolution, an amendment or a 
     conference report), is considered in the Senate that provides 
     for a national energy policy and does not reduce revenues by 
     more than $1,785,000,000 in 2005 and $15,092,000,000 for the 
     period of fiscal years 2005 through 2009, the chairman of the 
     Committee on the Budget may revise committee allocations for 
     that committee and other appropriate budgetary aggregates and 
     allocation of new budget authority and outlays by the amount 
     provided by that measure for that purpose, but not to exceed 
     $261,000,000 in new budget authority and $221,000,000 in 
     outlays for fiscal year 2005 and $1,465,000,000 in new budget 
     authority and $1,465,000,000 in outlays for the period of 
     fiscal years 2005 through 2009.

     SEC. 304. RESERVE FUND FOR GUARD AND RESERVE HEALTH CARE.

       If the Committee on Armed Services or the Committee on 
     Appropriations reports a bill or joint resolution, or an 
     amendment thereto is offered or a conference report thereon 
     is submitted that expands access to health care for members 
     of the reserve component, the Chairman of the Committee on 
     the Budget may revise allocations of new budget authority and 
     outlays, the revenue aggregates, other appropriate 
     aggregates, and the discretionary spending limits to reflect 
     such legislation, providing that such legislation--
       (1) would not increase the deficit for fiscal year 2005 and 
     for the period of fiscal years 2005 through 2009, or would 
     offset such deficit increases through reduction of 
     unobligated balances from Iraqi reconstruction; and
       (2) does not exceed $5,600,000,000 for the period of fiscal 
     years 2005 through 2009.

     SEC. 305. RESERVE FUND FOR MONTGOMERY GI BILL BENEFITS.

       If the Committee on Armed Services or the Committee on 
     Appropriations reports a bill or joint resolution, or an 
     amendment thereto is offered or a conference report thereon 
     is submitted, that increases benefit levels under the 
     Montgomery GI Bill for members of the Selected Reserves, the 
     Chairman of the Committee on the Budget may revise 
     allocations of new budget authority and outlays, the revenue 
     aggregates, other appropriate aggregates, and the 
     discretionary spending limits to reflect such legislation, 
     providing that such legislation--
       (1) would not increase the deficit for fiscal year 2005 and 
     for the period of fiscal years 2005 through 2009; and
       (2) does not exceed $1,200,000,000 for the period of fiscal 
     years 2005 through 2009.

     SEC. 306. RESERVE FOR FUNDING OF HOPE CREDIT.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or an amendment thereto is offered or a 
     conference report thereon is submitted, that increases the 
     Hope credit to $4,000, makes the credit available for 4 
     years, and makes the credit refundable, the chairman of the 
     Committee on the Budget may revise committee allocations for 
     the Committee on Finance and other appropriate budgetary 
     aggregates and allocations of new budget authority and 
     outlays by the amount provided by that measure for that 
     purpose, if it would not increase the deficit for fiscal year 
     2005 or for the total of fiscal years 2005 though 2009.

     SEC. 307. RESERVE FUND FOR EXPANSION OF PEDIATRIC VACCINE 
                   DISTRIBUTION PROGRAM.

       If the Committee on Finance of the Senate reports a bill or 
     joint resolution, or an amendment thereto is offered or a 
     conference report thereon is submitted, that expands the 
     pediatric vaccine distribution program established under 
     section 1928 of the Social Security Act (42 U.S.C. 1396s) to 
     include coverage for children administered a vaccine at a 
     public health clinic or Indian clinic and repeals the price 
     cap for pre-1993 vaccines, the chairman of the Committee on 
     the Budget may revise allocations of new budget authority and 
     outlays, the revenue aggregates, and other appropriate 
     aggregates to reflect such legislation, provided that such 
     legislation would not increase the deficit for fiscal year 
     2005 and for the period of fiscal years 2005 through 2009.

     SEC. 308. RESERVE FUND FOR ADDRESSING MINORITY HEALTH 
                   DISPARITIES.

       If the Committee on Appropriations of the Senate reports a 
     bill or joint resolution, or an amendment thereto is offered 
     or a conference report thereon is submitted, that addresses 
     minority health disparities through activities including 
     those at the HHS Office of Minority Health, the Office of 
     Civil Rights, the National Center on Minority Health and 
     Health Disparities, the Minority HIV/AIDS initiative, health 
     professions training, and through the Racial and Ethnic 
     Approaches to Community Health at the Centers for Disease 
     Control and provides not to exceed $400,000,000 in new budget 
     authority for fiscal year 2005, the chairman of the Committee 
     on the Budget may revise allocations of new budget authority 
     and outlays and other appropriate aggregates to reflect such 
     legislation, provided that such legislation would not 
     increase the deficit for fiscal year 2005 and for the period 
     of fiscal years 2005 through 2009.

     SEC. 309. RESERVE FOR POSTAL SERVICE REFORM.

       If the Committee on Governmental Affairs of the Senate 
     reports a bill or joint resolution, or an amendment thereto 
     is offered or a conference report thereon is submitted,

[[Page 5510]]

     that reforms the United States Postal Service to improve its 
     economic viability, the Chairman of the Committee on the 
     Budget may revise committee allocations for the Committee on 
     Governmental Affairs and other appropriate budgetary 
     aggregates and allocations of new budget authority and 
     outlays by the amount provided by that measure for that 
     purpose, if that measure would not increase the deficit for 
     fiscal year 2005 and for the period of fiscal years 2005 
     though 2009.

     Subtitle B--Adjustments With Respect to Discretionary Spending

     SEC. 311. ADJUSTMENT FOR SURFACE TRANSPORTATION.

       (a) In General.--If the Committee on Transportation and 
     Infrastructure of the House or the Committee on Environment 
     and Public Works, the Committee on Banking, Housing, and 
     Urban Affairs, or the Committee on Commerce, Science, and 
     Transportation of the Senate reports a bill or joint 
     resolution, or if an amendment thereto is offered or a 
     conference report thereon is submitted, that provides new 
     budget authority for the budget accounts or portions thereof 
     in the highway and transit categories as defined in 
     subparagraphs (B) and (C) of section 250(c)(4) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 in 
     excess of--
       (1) for fiscal year 2005, $41,772,000,000; or
       (2) for fiscal years 2005 through 2009, $207,293,000,000;

     the chairman of the Committee on the Budget may adjust the 
     appropriate budget aggregates and increase the allocation of 
     new budget authority to such committee for fiscal year 2005 
     and for the period of fiscal years 2005 through 2009 to the 
     extent such excess is offset by an increase in net new user-
     fee receipts related to the purposes of the highway trust 
     fund that are appropriated to such fund for the applicable 
     fiscal year caused by such legislation. In the Senate, any 
     increase in receipts shall be reported from the Committee on 
     Finance.
       (b) Adjustment for Outlays.--(1) For fiscal year 2005, in 
     the Senate, if a bill or joint resolution is reported, or if 
     an amendment thereto is offered or a conference report 
     thereon is submitted, that changes obligation limitations 
     such that the total limitations are in excess of 
     $40,600,000,000 for fiscal year 2005, for programs, projects, 
     and activities within the highway and transit categories as 
     defined in subparagraphs (B) and (C) of section 250(c)(4) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     and if legislation has been enacted that satisfies the 
     conditions set forth in subsection (a) for such fiscal year, 
     the appropriate chairman of the Committee on the Budget may 
     increase the allocation of outlays and appropriate aggregates 
     for such fiscal year for the committee reporting such measure 
     by the amount of outlays that corresponds to such excess 
     obligation limitations, but not to exceed the amount of such 
     excess that was offset in 2005 pursuant to subsection (a).
       (2) For fiscal year 2006, in the Senate, if a bill or joint 
     resolution is reported, or if an amendment thereto is offered 
     or a conference report thereon is submitted, that changes 
     obligation limitations such that the total limitations are in 
     excess of $40,621,000,000 for fiscal year 2005, for programs, 
     projects, and activities within the highway and transit 
     categories as defined in subparagraphs (B) and (C) of section 
     250(c)(4) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 and if legislation has been enacted that 
     satisfies the conditions set forth in subsection (a) for such 
     fiscal year, the chairman of the Committee on the Budget may 
     increase the allocation of outlays and appropriate aggregates 
     for such fiscal year for the committee reporting such measure 
     by the amount of outlays that corresponds to such excess 
     obligation limitations, but not to exceed the amount of such 
     excess that was offset in 2006 pursuant to subsection (a).

     SEC. 312. SUPPLEMENTAL APPROPRIATIONS FOR IRAQ AND RELATED 
                   ACTIVITIES FOR FISCAL YEAR 2005.

       If the President transmits a budget request for additional 
     resources for activities in Iraq and Afghanistan and if the 
     Committee on Appropriations of the Senate reports legislation 
     providing additional discretionary appropriations in excess 
     of the levels assumed in this resolution for defense-related 
     activities for fiscal year 2005, the chairman of the 
     Committee on the Budget may revise the allocation (and all 
     other appropriate levels and aggregates set out in this 
     resolution) for that committee for such purpose but not to 
     exceed: $30,000,000,000 in new budget authority for fiscal 
     year 2005 and the outlays that flow therefrom.

     SEC. 313. ADJUSTMENT FOR WILDLAND FIRE SUPPRESSION.

       (a) Findings.--The Senate makes the following findings:
       (1) Due to the expansion of the wildland urban interface, 
     severe drought conditions in many regions of the country, and 
     the poor health of the Nation's forests and rangelands, the 
     Forest Service and Department of the Interior regularly spend 
     more than the amount appropriated for fire suppression, and 
     then borrow from other accounts to pay for fire suppression.
       (2) This borrowing has a negative effect on many Forest 
     Service and Department of the Interior programs.
       (3) This resolution provides an amount equal to the 10-year 
     average for fire suppression in fiscal year 2005.
       (4) The Senate recommends that the Forest Service and the 
     Department of the Interior address cost containment within 
     the fire suppression account, and report to Congress 
     regarding how funds appropriated pursuant to this section are 
     used.
       (b) Cap Adjustment.--
       (1) Definition.--For this subsection, the term ``base 
     amount'' refers to the average of the obligations of the 
     preceding 10 years for wildfire suppression in the Forest 
     Service and the Department of the Interior, calculated as of 
     the date of the applicable year's budget request is submitted 
     by the President to Congress.
       (2) Adjustments for fiscal years 2005 and 2006.--If the 
     amount appropriated for Wildland Fire Suppression in a fiscal 
     year is not less than the base amount, then the chairman of 
     the Committee on the Budget may adjust the appropriate 
     allocations and other budgetary levels in the most recently 
     agreed to concurrent resolution on the budget for any bill, 
     joint resolution, amendment, motion, or conference report 
     that provides additional funding for wildland fire 
     suppression, but not to exceed--
       (A) for the Forest Service--
       (i) for fiscal year 2005, $400,000,000; and
       (ii) for fiscal year 2006, $400,000,000; and
       (B) for the Department of the Interior--
       (i) for fiscal year 2005, $100,000,000; and
       (ii) for fiscal year 2006, $100,000,000.
       (3) Special rule for fiscal year 2004.--If additional 
     funding for wildland fire suppression for fiscal year 2004 is 
     provided in a bill, joint resolution, amendment, motion, or 
     conference report, then the chairman of the Committee on the 
     Budget may determine that such amounts shall not be counted 
     for the purposes of the Congressional Budget Act of 1974 and 
     this resolution, provided that such amounts do not exceed--
       (A) for the Forest Service, for fiscal year 2004, 
     $400,000,000; and
       (B) for the Department of the Interior, for fiscal year 
     2004, $100,000,000.

     SEC. 314. RESERVE FUND FOR ELIMINATING SURVIVOR BENEFIT PLAN-
                   SOCIAL SECURITY OFFSET.

       If the Committee on Armed Services or the Committee on 
     Appropriations reports a bill or joint resolution, or an 
     amendment thereto is offered or a conference report thereon 
     is submitted, that provides for an increase to the minimum 
     Survivor Benefit Plan basic annuity for surviving spouses age 
     62 and older, the Chairman of the Committee on the Budget 
     shall revise the aggregates, functional totals, allocations, 
     discretionary caps, and other appropriate levels and limits 
     in this resolution by up to $2,757,000,000 in budget 
     authority and $2,757,000,000 in outlays over the total of 
     fiscal years 2005 through 2009.

                      TITLE IV--BUDGET ENFORCEMENT

     SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.

       (a) In General.--Except as provided in subsection (b), it 
     shall not be in order in the Senate to consider any bill, 
     joint resolution, motion, amendment, or conference report 
     that would provide an advance appropriation.
       (b) Accounts.--An advance appropriation may be provided for 
     fiscal years 2006 and 2007 for programs, projects, 
     activities, or accounts identified in the joint explanatory 
     statement of managers accompanying this resolution under the 
     heading ``Accounts Identified for Advance Appropriations'' in 
     an aggregate amount not to exceed $23,158,000,000 in new 
     budget authority in each year.
       (c) Point of Order.--
       (1) Waiver.--In the Senate, subsection (a) may be waived or 
     suspended only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn. An affirmative vote of three-
     fifths of the Members of the Senate, duly chosen and sworn, 
     shall be required to sustain an appeal of the ruling of the 
     Chair on a point of order raised under subsection (a).
       (2) Procedure.--A point of order under subsection (a) may 
     be raised by a Senator as provided in section 313(e) of 
     Congressional Budget Act of 1974.
       (3) Conference report.--If a point of order is sustained 
     under subsection (a) against a conference report in the 
     Senate, the report shall be disposed of as provided in 
     section 313(d) of the Congressional Budget Act of 1974.
       (d) Advance Appropriation.--In this section, the term 
     ``advance appropriation'' means any discretionary new budget 
     authority in a bill or joint resolution--
       (1) making general appropriations or continuing 
     appropriations for fiscal year 2005 that first becomes 
     available for any fiscal year after 2005; or
       (2) making general appropriations or continuing 
     appropriations for fiscal year 2006 that first becomes 
     available for any fiscal year after 2006.

     SEC. 402. EXTENSION OF EMERGENCY RULE IN THE SENATE.

       Section 502(c) of H. Con. Res. 95 (108th Cong., 1st. Sess.) 
     is amended to read as follows:
       ``(c) In the Senate.--
       ``(1) Authority to designate.--In the Senate, with respect 
     to a provision of direct

[[Page 5511]]

     spending or receipts legislation or appropriations for 
     discretionary accounts that the President designates as an 
     emergency requirement and that Congress so designates in such 
     measure, the amounts of new budget authority, outlays, and 
     receipts in all fiscal years resulting from that provision 
     shall be treated as an emergency requirement for the purpose 
     of this section.
       ``(2) Exemption of emergency provisions.--In the Senate, 
     any new budget authority, outlays, and receipts resulting 
     from any provision designated as an emergency requirement, 
     pursuant to this section, in any bill, joint resolution, 
     amendment, or conference report shall not count for purposes 
     of sections 302, 303, 311, and 401 of the Congressional 
     Budget Act of 1974 and any concurrent resolution on the 
     budget.
       ``(3) Designations.--
       ``(A) Guidance.--In the Senate, if a provision of 
     legislation is designated as an emergency requirement under 
     this section, the committee report and any statement of 
     managers accompanying that legislation shall include an 
     explanation of the manner in which the provision meets the 
     criteria in subparagraph (B).
       ``(B) Criteria.--
       ``(i) In general.--Any such provision is an emergency 
     requirement if the situation addressed by such provision is--

       ``(I) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(II) sudden, quickly coming into being, and not building 
     up over time;
       ``(III) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(IV) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(V) not permanent, temporary in nature.

       ``(ii) Unforeseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.
       ``(4) Definitions.--In this subsection, the terms `direct 
     spending', `receipts', and `appropriations for discretionary 
     accounts' means any provision of a bill, joint resolution, 
     amendment, motion, or conference report that affects direct 
     spending, receipts, or appropriations as those terms have 
     been defined and interpreted for purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.
       ``(5) Point of order.--When the Senate is considering a 
     bill, resolution, amendment, motion, or conference report, if 
     a point of order is made by a Senator against an emergency 
     designation in that measure, that provision making such a 
     designation shall be stricken from the measure and may not be 
     offered as an amendment from the floor.
       ``(6) Waiver and appeal.--Paragraph (5) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under this 
     section.
       ``(7) Definition of an emergency designation.--For purposes 
     of paragraph (5), a provision shall be considered an 
     emergency designation if it designates any item as an 
     emergency requirement pursuant to this section.
       ``(8) Form of the point of order.--A point of order under 
     paragraph (5) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(9) Conference reports.--If a point of order is sustained 
     under paragraph (5) against a conference report, the report 
     shall be disposed of as provided in section 313(d) of the 
     Congressional Budget Act of 1974.
       ``(10) Exception for defense spending.--Paragraph (5) shall 
     not apply against an emergency designation for a provision 
     making discretionary appropriations in the defense 
     category.''.

     SEC. 403. DISCRETIONARY SPENDING LIMITS IN THE SENATE.

       (a) Discretionary Spending Limits.--In the Senate and as 
     used in this section, the term ``discretionary spending 
     limit'' means--
       (1) for fiscal year 2005--
       (A) $819,673,000,000 in new budget authority and 
     $823,694,000,000 in outlays for the discretionary category;
       (B) for the highway category, $33,393,000,000 in outlays; 
     and
       (C) for the mass transit category, $1,488,000,000 in new 
     budget authority, and $6,726,000,000 in outlays; and
       (2) for fiscal year 2006 $852,257,000,000 in new budget 
     authority, and $885,860,000,000 in outlays for the 
     discretionary category.
       (b) Discretionary Spending Point of Order in the Senate.--
       (1) In general.--Except as otherwise provided in this 
     subsection, it shall not be in order in the Senate to 
     consider any bill or resolution (including a concurrent 
     resolution on the budget) or amendment, motion, or conference 
     report thereon that would exceed any of the discretionary 
     spending limits in this section.
       (2) Waiver.--This subsection may be waived or suspended in 
     the Senate only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       (3) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this subsection shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this 
     subsection.
       (c) Adjustments.--
       (1) In general.--
       (A) Chairman.--After the reporting of a bill or joint 
     resolution, or the offering of an amendment thereto or the 
     submission of a conference report thereon, the chairman of 
     the Committee on the Budget may make the adjustments set 
     forth in subparagraph (B) for the amount of new budget 
     authority in that measure (if that measure meets the 
     requirements set forth in paragraph (2)) and the outlays 
     flowing from that budget authority.
       (B) Matters to be adjusted.--The adjustments referred to in 
     subparagraph (A) are to be made to--
       (i) the discretionary spending limits, if any, set forth in 
     the appropriate concurrent resolution on the budget;
       (ii) the allocations made pursuant to the appropriate 
     concurrent resolution on the budget pursuant to section 
     302(a) of the Congressional Budget Act of 1974; and
       (iii) the budgetary aggregates as set forth in the 
     appropriate concurrent resolution on the budget.
       (2) Amounts of adjustments.--The adjustment referred to in 
     paragraph (1) shall be--
       (A) an amount provided for transportation under section 
     311;
       (B) an amount provided for the fiscal year 2005 
     supplemental appropriation pursuant to section 312; and
       (C) an amount provided for fire suppression pursuant to 
     section 313.
       (3) Reporting revised suballocations.--Following any 
     adjustment made under paragraph (1), the Committee on 
     Appropriations of the Senate shall report appropriately 
     revised suballocations under section 302(b) to carry out this 
     subsection.

     SEC. 404. SCORING RULES.

       (a) Funding for Bioshield.--The chairman of the Committee 
     on the Budget of the Senate shall revise the aggregates, 
     functional totals, and allocations to the Committee on 
     Appropriations of the Senate, discretionary spending limits, 
     and other appropriate levels and limits in this resolution by 
     $2,528,000,000 in budget authority for fiscal year 2005, and 
     by the amount of outlays flowing therefrom in fiscal year 
     2005 and subsequent years for Project Bioshield, for a bill, 
     joint resolution, amendment, or conference report that makes 
     appropriations for the Department of Homeland Security for 
     the fiscal year ending September 30, 2005.
       (b) Energy Savings Performance Contract Program.--In 
     recognition that the energy savings performance contract 
     program recoups its costs through guaranteed savings without 
     increasing budgetary outlays, the Congressional Budget Office 
     shall score the energy savings performance contract program 
     under title VIII of the National Energy Conservation Policy 
     Act (42 U.S.C. 801 et seq.) as zero. For the purposes of any 
     point of order under any concurrent resolution on the budget 
     and the Congressional Budget Act of 1974, the cost of the 
     energy savings performance contract program under title VIII 
     of the National Energy Conservation Policy Act (42 U.S.C. 801 
     et seq.) shall be zero.

     SEC. 405. ADJUSTMENTS TO REFLECT CHANGES IN CONCEPTS AND 
                   DEFINITIONS.

       (a) In the Senate, upon the enactment of a bill or joint 
     resolution providing for a change in concepts or definitions, 
     the chairman of the Committee on the Budget shall make 
     adjustments to the levels and allocations in this resolution 
     in accordance with section 251(b) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (as in effect prior to 
     September 30, 2002).
       (b) If the Committee on Appropriations reports a bill or 
     resolution, or if an amendment thereto is offered or a 
     conference report thereon is submitted, that changes the 
     nature of offsetting receipts collected from the Power 
     Marketing Administration from mandatory to discretionary, the 
     chairman of the Committee on the Budget may revise the 
     appropriate allocations for such committee and other 
     appropriate levels in this resolution.

     SEC. 406. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS 
                   AND AGGREGATES.

       (a) Application.--Any adjustments of allocations and 
     aggregates made pursuant to this resolution shall--
       (1) apply while that measure is under consideration;
       (2) take effect upon the enactment of that measure; and
       (3) be published in the Congressional Record as soon as 
     practicable.
       (b) Effect of Changed Allocations and Aggregates.--Revised 
     allocations and aggregates resulting from these adjustments 
     shall be considered for the purposes of the Congressional 
     Budget Act of 1974 as allocations and aggregates contained in 
     this resolution.
       (c) Budget Committee Determinations.--For purposes of this 
     resolution--
       (1) the levels of new budget authority, outlays, direct 
     spending, new entitlement authority, revenues, deficits, and 
     surpluses for

[[Page 5512]]

     a fiscal year or period of fiscal years shall be determined 
     on the basis of estimates made by the appropriate Committee 
     on the Budget; and
       (2) such chairman may make any other necessary adjustments 
     to such levels to carry out this resolution.

     SEC. 407. EXERCISE OF RULEMAKING POWERS.

       Congress adopts the provisions of this title--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     they shall be considered as part of the rules of each House, 
     or of that House to which they specifically apply, and such 
     rules shall supersede other rules only to the extent that 
     they are inconsistent therewith; and
       (2) with full recognition of the constitutional right of 
     either House to change those rules (so far as they relate to 
     that House) at any time, in the same manner, and to the same 
     extent as in the case of any other rule of that House.

     SEC. 408. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.

       (a) Point of Order.--
       (1) In general.--It shall not be in order in the Senate to 
     consider any direct spending or revenue legislation that 
     would increase the on-budget deficit or cause an on-budget 
     deficit for any one of the three applicable time periods as 
     measured in paragraphs (5) and (6).
       (2) Applicable time periods.--For purposes of this 
     subsection, the term ``applicable time period'' means any 1 
     of the 3 following periods:
       (A) The first year covered by the most recently adopted 
     concurrent resolution on the budget.
       (B) The period of the first 5 fiscal years covered by the 
     most recently adopted concurrent resolution on the budget.
       (C) The period of the 5 fiscal years following the first 5 
     fiscal years covered in the most recently adopted concurrent 
     resolution on the budget.
       (3) Direct-spending legislation.--For purposes of this 
     subsection and except as provided in paragraph (4), the term 
     ``direct-spending legislation'' means any bill, joint 
     resolution, amendment, motion, or conference report that 
     affects direct spending as that term is defined by, and 
     interpreted for purposes of, the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (4) Exclusion.--For purposes of this subsection, the terms 
     ``direct-spending legislation'' and ``revenue legislation'' 
     do not include--
       (A) any concurrent resolution on the budget; or
       (B) any provision of legislation that affects the full 
     funding of, and continuation of, the deposit insurance 
     guarantee commitment in effect on the date of enactment of 
     the Budget Enforcement Act of 1990.
       (5) Baseline.--Estimates prepared pursuant to this section 
     shall--
       (A) use the baseline surplus or deficit used for the most 
     recently adopted concurrent resolution on the budget; and
       (B) be calculated under the requirements of subsections (b) 
     through (d) of section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for fiscal years beyond 
     those covered by that concurrent resolution on the budget.
       (6) Prior surplus.--If direct spending or revenue 
     legislation increases the on-budget deficit or causes an on-
     budget deficit when taken individually, it must also increase 
     the on-budget deficit or cause an on-budget deficit when 
     taken together with all direct spending and revenue 
     legislation enacted since the beginning of the calendar year 
     not accounted for in the baseline under paragraph (5)(A), 
     except that direct spending or revenue effects resulting in 
     net deficit reduction enacted pursuant to reconciliation 
     instructions since the beginning of that same calendar year 
     shall not be available.
       (b) Waiver.--This section may be waived or suspended in the 
     Senate only by the affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (c) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this section.
       (d) Determination of Budget Levels.--For purposes of this 
     section, the levels of new budget authority, outlays, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the 
     Senate.
       (e) Sunset.--This section shall expire on September 30, 
     2009.

                      TITLE V--SENSE OF THE SENATE

     SEC. 501. SENSE OF THE SENATE ON BUDGET PROCESS REFORM.

       It is the sense of the Senate that Congress and the 
     President should work together to enact budget process reform 
     legislation that would include mechanisms to restrain 
     Government spending. Such legislation may include--
       (1) deficit targets that, when exceeded, would result in 
     across-the-board reductions in Federal spending except Social 
     Security, Medicare, and Veterans' benefits;
       (2) revision of the content of budget resolutions to 
     increase their focus on aggregate levels, and to include 
     easily understood enforcement tools such as--
       (A) discretionary spending limits;
       (B) pay-as-you-go; and
       (C) explicit committee allocations;
       (3) emergency spending procedures which budget for 
     emergency needs;
       (4) pay-as-you-go limitations which apply to non-budget 
     expenditures;
       (5) limitations on unauthorized appropriations; and
       (6) enhanced rescission or constitutional line-item veto 
     authority for the President.

     SEC. 502. SENSE OF THE SENATE ON BUDGET PROCESS REFORM WITH 
                   REGARD TO THE CREATION OF BIPARTISAN 
                   COMMISSIONS TO COMBAT WASTE, FRAUD, AND ABUSE 
                   AND TO PROMOTE SPENDING EFFICIENCY.

       (a) Waste, Fraud, and Abuse.--It is the sense of the Senate 
     that legislation should be enacted that would create a 
     bipartisan commission for the purpose of--
       (1) submitting recommendations on ways to eliminate waste, 
     fraud, and abuse; and
       (2) to provide recommendations on ways in which to achieve 
     cost savings through enhancing program efficiencies in all 
     discretionary and entitlement programs.

     The findings of the commission should be made on an annual 
     basis, and should be presented in conjunction with the 
     submission of the President's budget request to Congress.
       (b) Efficiency.--It is the sense of the Senate that a 
     bipartisan commission should be established to--
       (1) audit Federal domestic agencies, and programs within 
     such agencies, with the express purpose of providing Congress 
     with recommendations, and legislation;
       (2) implement those recommendations; and
       (3) realign or eliminate government agencies and programs 
     that are duplicative, inefficient, outdated, irrelevant, or 
     have failed to accomplish their intended purpose.

     The findings of the commission should be made on an annual 
     basis, and should be presented in conjunction with the 
     submission of the President's budget request to Congress.

     SEC. 503. SENSE OF THE SENATE ON THE RELATIONSHIP BETWEEN 
                   ANNUAL DEFICIT SPENDING AND INCREASES IN DEBT 
                   SERVICE COSTS.

       It is the sense of the Senate that the Congressional Budget 
     Office shall consult with the Committee on the Budget of the 
     Senate in order to prepare a report containing a discussion 
     of--
       (1) the relationship between annual deficit spending and 
     increases in debt service costs;
       (2) the relationship between incremental increases in 
     discretionary spending and debt service costs; and
       (3) the feasibility of providing estimates of debt service 
     costs in the cost estimates prepared pursuant to section 308 
     of the Congressional Budget Act of 1974.

     SEC. 504. SENSE OF THE SENATE REGARDING THE COSTS OF THE 
                   MEDICARE PRESCRIPTION DRUG PROGRAM.

       It is the sense of the Senate that the Committee on Finance 
     of the Senate should report a bill that consists of changes 
     in laws within its jurisdiction sufficient to ensure that 
     spending within part D of the Medicare Prescription Drug 
     Benefit program in fiscal years 2005 through 2013 does not 
     exceed the total of $409,000,000,000 as estimated by the 
     Congressional Budget Office.

     SEC. 505. SENSE OF THE SENATE REGARDING PAY PARITY.

       It is the sense of the Senate that--
       (1) compensation for civilian and military employees of the 
     United States, without whom we cannot successfully serve and 
     protect our citizens and taxpayers, must be sufficient to 
     support our critical efforts to recruit, retain, and reward 
     quality people effectively and responsibly; and
       (2) to achieve this objective, the rate of increase in the 
     compensation of civilian employees should be equal to that 
     proposed for the military in the President's Fiscal Year 2005 
     Budget.

     SEC. 506. SENSE OF THE SENATE ON RETURNING STABILITY TO 
                   PAYMENTS UNDER MEDICARE PHYSICIAN FEE SCHEDULE.

       (a) Findings.--The Senate finds that--
       (1) the fees Medicare pays physicians and other health 
     professionals were reduced by 5.4 percent across-the-board in 
     2002.
       (2) action by Congress in early 2003 narrowly averted a 
     4.4-percent across-the-board reduction in such fees that 
     year;
       (3) in the fall of 2003, congressional action was once 
     again needed to prevent an across-the-board reduction of 4.5 
     percent in such fees for 2004, as well as an anticipated 
     further reduction in 2005;
       (4) based on current projections, estimates suggest that, 
     absent any action, fees will be significantly reduced across-
     the-board in 2006 and each year thereafter until at least 
     2010;
       (5) the prospect of continued payment reductions under the 
     Medicare physician fee schedule for the foreseeable future 
     threatens to destabilize an important element of the program, 
     namely physician participation and willingness to accept 
     Medicare patients;
       (6) there are major flaws in the formula Medicare uses to 
     reimburse physicians which

[[Page 5513]]

     result in steep cuts that adversely impact Medicare 
     beneficiaries' access to care; and
       (7) CMS should use its authority to exclude Medicare-
     covered drugs and biologics from the physician formula and 
     accurately reflect in the formula the direct and indirect 
     cost of increases due to coverage decisions, administrative 
     actions, and rules and regulations.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, while recent actions by Congress have helped address 
     the immediate reductions in reimbursement, further action by 
     Congress is urgently needed to put in place a new formula or 
     mechanism for updating Medicare physician fees in 2006 and 
     thereafter, in order to ensure--
       (1) the long-term stability of the Medicare payment system 
     for physicians and other health care professionals, such that 
     payment rates keep pace with practice cost increases; and
       (2) future access to physicians' services for Medicare 
     beneficiaries.

     SEC. 507. SENSE OF THE SENATE REGARDING THE USE OF FEDERAL 
                   FUNDS TO SUPPORT AMERICAN COMPANIES AND 
                   AMERICAN WORKERS.

       (a) Findings.--The Senate finds that--
       (1) the United States has lost more than 2,200,000 
     manufacturing jobs since 2000;
       (2) the Bureau of Labor Statistics reported that 239,454 
     workers in a variety of sectors of the United States economy 
     lost their jobs as a result of mass layoffs in January 2004;
       (3) there are millions of long-term unemployed Americans 
     who have been unable to find work; and
       (4) the Buy American Act requires the Federal Government to 
     support American companies and American workers by buying 
     American-made goods.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the functional totals in this resolution assume that--
       (1) Federal departments and agencies will, to the maximum 
     extent possible, purchase goods and services from American 
     companies; and
       (2) Federal departments and agencies will ensure that, to 
     the maximum extent possible, the work required by Federal 
     contracts for goods and services will be performed in the 
     United States.

     SEC. 508. SENSE OF THE SENATE REGARDING CLOSING THE ``TAX 
                   GAP''.

       (a) Findings.--The Senate finds that--
       (1) the Internal Revenue Service estimates that the gross 
     tax gap (the difference between the amount of taxes owed by 
     taxpayers and the amount actually collected) is now estimated 
     to be in excess of $300,000,000,000 annually;
       (2) the Internal Revenue Service reports that the rate of 
     voluntary and timely compliance from taxpayers in paying what 
     they owe is approximately 85 percent;
       (3) this overwhelming majority of honest and hardworking 
     taxpayers are forced to make up the shortfall that results 
     from taxpayers who fail to pay what they owe voluntarily;
       (4) a former Commissioner of Internal Revenue has estimated 
     that honest taxpayers are paying ``15 percent more'' than 
     necessary if the tax gap were closed;
       (5) the current Commissioner of Internal Revenue is 
     concerned that increasing numbers of taxpayers believe that 
     people are less likely to report their income taxes 
     accurately and more inclined to take a chance that they will 
     not be audited; and
       (6) that an increase in enforcement efforts on taxes 
     already due and owing can generate significant additional 
     revenues without raising taxes.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Internal Revenue Service should be provided the 
     resources necessary to increase enforcement activities that 
     would be concentrated on efforts to reduce the tax gap 
     substantially by the end of fiscal year 2009.

     SEC. 509. SENSE OF THE SENATE AMENDMENT ON DRUG 
                   COMPARATIVENESS STUDIES.

       It is the sense of the Senate that the overall 
     discretionary levels set in this resolution assume 
     $75,000,000 in new budget authority in fiscal year 2005 and 
     new outlays that flow from this budget authority in fiscal 
     year 2005 and subsequent years, to fund new research and 
     ongoing literature surveys in the Agency for Health Care 
     Research and Quality. These activities will be designed to 
     improve scientific evidence related to the comparative 
     effectiveness and safety of prescription drugs and other 
     treatments and to disseminate the findings and underlying 
     data from such research to health care practitioners, 
     consumers, and health care purchasers.

     SEC. 510. SENSE OF THE SENATE REGARDING FUNDING FOR PORT 
                   SECURITY.

       (a) Findings.--The Senate makes the following findings:
       (1) In the United States, the system of maritime commerce, 
     including seaports and other ports, is a critical element of 
     the United States economic, social, and environmental 
     infrastructure.
       (2) In 2001, ports in the United States handled 
     approximately 5,400 ships, the majority of which were owned 
     by foreign persons and crewed by nationals of foreign 
     countries, that made a total of more than 60,000 calls at 
     such ports.
       (3) In a typical year, more than 17,000,000 cargo 
     containers are handled at ports in the United States.
       (4) Maritime commerce is the primary mode of transportation 
     for international trade, with ships carrying more than 80 
     percent of such trade, by volume.
       (5) Disruption of trade flowing through United States ports 
     could have a catastrophic impact on both the United States 
     and the world economies.
       (6) In addition to the economic importance of United States 
     ports, such ports form a critical link in the United States 
     national security structure, and are necessary to ensure that 
     United States military material can be effectively and 
     quickly shipped to any location where such material is 
     needed.
       (7) Terrorist groups, including extremist groups such as al 
     Qaeda, are likely to consider, formulate, and execute plans 
     to conduct a terrorist strike against one or more of the 
     ports in the United States.
       (8) Terrorists have conducted attacks against maritime 
     commerce in the past, including the October 2002 attack on 
     the French oil tanker LIMBERG and the October 2000 attack on 
     the USS COLE in Yemen.
       (9) It is critical that port security be enhanced and 
     improved through the adoption of better formulated security 
     procedures, the adoption of new regulations and law, and 
     investment in long-term capital improvements to the structure 
     of the United States most critical ports.
       (10) Effective funding to provide adequate security at 
     United States ports requires a commitment to provide Federal 
     funds over multiple years to fund long-term capital 
     improvement projects.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the budget of the United States should provide adequate 
     funding for port security projects and not less than the 
     amount of such funding that is adequate to implement an 
     effective port security plan;
       (2) the implementation of the budget of the United States 
     should permit the provision of Federal funds over multiple 
     years to fund long-term security improvement projects at 
     ports in the United States; and
       (3) the Secretary of Homeland Security should, as soon as 
     practicable, develop a funding plan for port security that 
     permits funding over multiple years for such projects.

     SEC. 511. SENSE OF THE SENATE REGARDING TRIBAL COLLEGES AND 
                   UNIVERSITIES.

       (a) Findings.--The Senate finds the following:
       (1) American Indians from 250 federally recognized tribes 
     nationwide attend tribal colleges and universities, a 
     majority of whom are first-generation college students.
       (2) Tribal colleges and universities are located in some of 
     the most isolated and impoverished areas in the Nation, yet 
     they are the Nation's most poorly funded institutions of 
     higher education. While the Tribally Controlled College or 
     University Assistance Act, or ``Tribal College Act'' provides 
     funding based solely on Indian students, the colleges have 
     open enrollment policies providing access to postsecondary 
     education opportunities to all interested students, about 20 
     percent of whom are non-Indian. With rare exception, tribal 
     colleges and universities do not receive operating funds from 
     the States for these non-Indian State resident students. Yet, 
     if these same students attended any other public institutions 
     in their States, the State would provide basic operating 
     funds to the institution.
       (3) While Congress has been increasing annual 
     appropriations for tribal colleges in recent years, the 
     President's fiscal year 2005 budget recommends a $5,500,000 
     decrease in institutional operating funds. This represents 
     the third consecutive year that the President's budget 
     proposed decreases that Congress must restore.
       (4) Because of congressional budget restorations, the 
     tribal colleges funded through titles I and II of the 
     Tribally Controlled College or University Assistance Act are 
     within $19,000,000 of full funding at their authorized level.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) this resolution recognizes the funding challenges faced 
     by tribal colleges and universities and assumes that priority 
     consideration will be provided to them through funding of the 
     Tribally Controlled College or University Assistance Act, the 
     Equity in Educational Land Grant Status Act, title III of the 
     Higher Education Act, and the National Science Foundation 
     Tribal College Program; and
       (2) such priority consideration reflects the intent of 
     Congress to continue to work toward statutory Federal funding 
     authorization goals for tribal colleges and universities.

     SEC. 512. FINDINGS AND SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the United States is in the grip of pervasively higher 
     home energy prices;
       (2) high natural gas, heating oil, and propane prices are, 
     in general, having an effect that is rippling through the 
     United States economy and are, in particular, impacting home 
     energy bills;
       (3) while persons in many sectors can adapt to natural gas, 
     heating oil, and propane price increases, persons in some 
     sectors simply cannot;

[[Page 5514]]

       (4) elderly and disabled citizens who are living on fixed 
     incomes, the working poor, and other low-income individuals 
     face hardships wrought by high home energy prices;
       (5) the energy burden for persons among the working poor 
     often exceeds 20 percent of those persons' incomes under 
     normal conditions;
       (6) under current circumstances, home energy prices are 
     unnaturally high, and these are not normal circumstances;
       (7) while critically important and encouraged, State energy 
     assistance and charitable assistance funds have been 
     overwhelmed by the crisis caused by the high home energy 
     prices;
       (8) the Federal Low-Income Home Energy Assistance Program 
     (referred to in this section as ``LIHEAP'') and the companion 
     weatherization assistance program (referred to in this 
     section as ``WAP''), are the Federal Government's primary 
     means to assist eligible low-income individuals in the United 
     States to shoulder the burdens caused by their home cooling 
     and heating needs;
       (9) in 2003, LIHEAP reached only 15 percent of the persons 
     in the United States who were eligible for assistance under 
     the program;
       (10) since LIHEAP's inception, its inflation-adjusted 
     buying power has eroded by 58 percent; and
       (11) current Federal funding for LIHEAP is not sufficient 
     to meet the cooling and heating needs of low-income families.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the levels in this concurrent resolution assume--
       (1) an adequate increase in funding for each of fiscal 
     years 2005 and 2006 to carry out the LIHEAP program;
       (2) an adequate increase in funding for fiscal year 2005 
     and an adequate increase in funding for fiscal year 2006 to 
     carry out the WAP program;
       (3) appropriations, for these programs, of sufficient 
     additional funds to realistically address the cooling and 
     heating needs of low-income families; and
       (4) advance appropriations of the necessary funds to ensure 
     the smooth operation of the programs during times of peak 
     demand.

     SEC. 513. SENSE OF THE SENATE SUPPORTING FUNDING RESTORATION 
                   FOR AGRICULTURE RESEARCH AND EXTENSION.

       (a) Findings.--Congress finds that--
       (1) funding for 33 programs administered by the Cooperative 
     State Research, Education, and Extension Service of the 
     Department of Agriculture were each reduced by 10 percent in 
     the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2004 
     (118 Stat. 9);
       (2) those cuts are already hurting a wide range of proven 
     programs that help people, communities, and businesses;
       (3) the cuts have put at risk important advances made in 
     all 50 States and United States territories, including--
       (A) combating obesity through programs such as the Expanded 
     Food and Nutrition Education Program;
       (B) expanding environmentally-minded pest management 
     programs;
       (C) ensuring food safety; and
       (D) educating farmers and ranchers about new sustainable 
     agricultural practices;
       (4) the National Research Initiative is the flagship 
     competitive grants program funded through the Cooperative 
     State Research, Education, and Extension Service;
       (5) because of limited funding the Service is able to fund 
     only a small fraction of the meritorious research proposals 
     that the Service receives under the National Research 
     Initiative program; and
       (6) base funding at the Service that supports the research 
     infrastructure has fallen steadily over the past decade.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that levels in this concurrent resolution assume that in 
     making appropriations and revenue decisions, the Senate 
     supports--
       (1) the restoration of the 33 accounts of the Cooperative 
     State Research, Education, and Extension Service;
       (2) the fiscal year 2005 funding of the National Research 
     Initiative; and
       (3) the fiscal year 2005 funding of competitive research 
     programs of the Cooperative State Research, Education, and 
     Extension Service in an amount that is adequate to--
       (A) fight obesity and stave off chronic diseases;
       (B) combat insects and animal and plant diseases;
       (C) establish new crops, improved livestock, and economic 
     opportunities for producers; and
       (D) keep pathogens and other dangers out of the air, water, 
     soil, plants, and animals.

     SEC. 514. RESERVE FUND FOR HOMELAND SECURITY GRANT PROGRAM, 
                   ASSISTANCE TO FIREFIGHTER GRANTS, AND PORT 
                   SECURITY GRANTS.

       The Chairman of the Committee on the Budget of the Senate 
     shall revise the aggregates, functional totals, allocations 
     to the Committee on Appropriations of the Senate, 
     discretionary spending limits, and other appropriate levels 
     and limits in this resolution by up to $1,545,000,000 in 
     budget authority for fiscal year 2005, and by the amount of 
     outlays flowing therefrom in 2005 and subsequent years, for a 
     bill, amendment, motion, or conference report that provides 
     additional fiscal year 2005 discretionary appropriations, in 
     excess of the levels provided in this resolution, for the 
     programs at the Department of Homeland Security.

     SEC. 515. STATE HOMELAND SECURITY GRANT PROGRAM.

       It is the sense of the Senate that, of the funds for the 
     Department of Homeland Security, $800,000,000 shall be 
     allocated for the State Homeland Security Grant program; 
     $250,000,000 for the Assistance to Firefighters Grant 
     program; and $275,000,000 for Port Security Grants. It is 
     further the sense of the Senate that the State Homeland 
     Security Grant Program shall be increased by $220,000,000 in 
     order to provide for a more equitable formula for 
     distributing funds.

     SEC. 516. STRATEGIC PETROLEUM RESERVE.

       It is the sense of the Senate that the increased funding 
     for the Homeland Security Department programs shall come from 
     the cancellation of planned future deliveries of oil to the 
     Strategic Petroleum Reserve.

     SEC. 517. SENSE OF THE SENATE CONCERNING A NATIONAL ANIMAL 
                   IDENTIFICATION PROGRAM.

       (a) Findings.--The Senate finds that--
       (1) animal identification is important for operational 
     management, herd health, and increased trade opportunities;
       (2) animal identification is a critical component of the 
     animal health infrastructure of the United States;
       (3) it is vital to the well-being of all people in the 
     United States to protect animal agriculture in the United 
     States by safeguarding animal health;
       (4) the ability to collect information in a timely manner 
     is critical to an effective response to an imminent threat to 
     animal health or food safety.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the levels in this concurrent resolution assume that in 
     making appropriations and revenue decisions, the Senate 
     supports--
       (1) the development and implementation of a national animal 
     identification program recognizing the need for resources to 
     carry out the implementation of the plan;
       (2) the provision by the Secretary of Agriculture of a 
     time-line for the development and implementation of the 
     program as soon as practicable after the date of approval of 
     this concurrent resolution;
       (3) the provision by the Secretary of Agriculture to ensure 
     the Animal and Plant Health Inspection Service, State animal 
     health agencies, and agricultural producers are provided 
     funds necessary to implement a national animal identification 
     program; and
       (4) the establishment of a program that is not overly 
     burdensome to agricultural producers and ensures the privacy 
     of information of agricultural producers.

     SEC. 518. SENSE OF THE SENATE REGARDING CONTRIBUTIONS TO THE 
                   GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS, AND 
                   MALARIA.

       (a) Findings.--The Senate finds that--
       (1) the United States--
       (A) helped establish The Global Fund to Fight AIDS, 
     Tuberculosis, and Malaria (referred to in this section as the 
     ``Fund'');
       (B) provided its first donation; and
       (C) provides leadership to the Fund under Fund Board 
     Chairman Tommy Thompson, Secretary of the Department of 
     Health and Human Services;
       (2) as a complement to the President's historic 15-country 
     AIDS initiative, the Fund provides resources to fight AIDS, 
     tuberculosis, malaria, and related diseases around the world;
       (3) section 202 of the United States Leadership Against 
     HIV/AIDS, Tuberculosis, and Malaria Act of 2004 (22 U.S.C. 
     7622) authorizes contributions to the Fund to the extent that 
     United States contributions do not exceed 33 percent of all 
     contributions to the Fund, allowing the United States to 
     contribute $1 for every $2 contributed by other sources.
       (4) during fiscal years 2001 through 2003, the United 
     States provided $623,000,000 of the total contributions of 
     $1,900,000,000 to the Fund, which represents approximately 
     \1/3\ of total contributions to the Fund;
       (5) Congress has appropriated $547,000,000 to the Fund for 
     fiscal year 2004, which has been matched by confirmed pledges 
     of $994,000,000, and is slightly more than \1/3\ of total 
     pledges, with additional pledges expected;
       (6) over the life of the Fund, Congress has appropriated 
     sufficient amounts to match contributions from other sources 
     to The Global Fund to Fight AIDS, Tuberculosis, and Malaria 
     on a 1-to-2 basis; and
       (7) transparency and accountability are critical to fund 
     grant-making and the United States should work with foreign 
     governments and international organizations to support the 
     Fund's efforts to use its contributions most effectively.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that this concurrent resolution and subsequent appropriations 
     Acts should provide sufficient funds to continue matching 
     contributions from other sources to The Global Fund to Fight 
     AIDS, Tuberculosis, and Malaria on a 1-to-2 basis.

     SEC. 519. SENSE OF THE SENATE CONCERNING CHILD NUTRITION 
                   FUNDING.

       (a) Findings.--The Senate finds that--

[[Page 5515]]

       (1) Federal child nutrition programs have long played a 
     critical role in providing children in the United States with 
     quality nutrition from birth through secondary school;
       (2) recognizing the value of these benefits to children in 
     the United States, Congress has an enduring tradition of 
     bipartisan support for these programs;
       (3) children in the United States are increasingly at 
     nutritional risk due to poor dietary habits, lack of access 
     to nutritious foods, and obesity and diet-related diseases 
     associated with poor dietary intake;
       (4) many children in the United States who would benefit 
     from Federal child nutrition programs do not receive benefits 
     due to financial or administrative barriers; and
       (5) Federal child nutrition programs are expected to be 
     reauthorized in the One Hundred Eighth Congress.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the levels in this concurrent resolution assume that in 
     making appropriations and revenue decisions, the Senate 
     supports the retention in the conference report for this 
     concurrent resolution of the additional funds provided in 
     this concurrent resolution for the reauthorization of Federal 
     child nutrition programs.

     SEC. 520. SENSE OF THE SENATE REGARDING COMPENSATION FOR 
                   EXPOSURE TO TOXIC SUBSTANCES AT THE DEPARTMENT 
                   OF ENERGY.

       (a) Findings.--The Senate finds the following:
       (1) The Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in 
     this section as the ``EEOICPA'') is intended to ensure the 
     timely payment of uniform and adequate compensation to 
     covered employees suffering from occupational illnesses 
     incurred during their work for the Department of Energy.
       (2) The Department of Labor is responsible for implementing 
     the provisions under subtitle B of the EEOICPA, relating to 
     claims for radiation related cancers, beryllium disease, and 
     silicosis. The Department of Labor has, within its area of 
     responsibility, processed over 95 percent of the 52,000 
     claims it has received, and is processing these claims in an 
     average of 73 days.
       (3) As of the date of enactment of this resolution, the 
     Department of Health and Human Services has not promulgated 
     the regulations required under section 3626 of the EEOICPA 
     for allowing claimants to petition to be members of the 
     Special Exposure Cohort. Special Exposure Cohorts provide a 
     presumption in favor of the claimant for radiation related 
     cancers if--
       (A) it is not feasible to estimate radiation dose with 
     sufficient accuracy; and
       (B) there is a reasonable likelihood that the health of the 
     class of workers may have been endangered.
       (4) The Department of Energy, which is responsible for 
     implementing subtitle D of the EEOICPA, relating to 
     occupational illness caused by exposure to toxic substances 
     at Department of Energy facilities, finalized its regulations 
     on August 14, 2002. The Department of Energy has processed 1 
     percent of the 22,000 claims received through the Department 
     of Energy physicians panels since its regulations were made 
     final.
       (5) The Department of Energy has no willing payor for up to 
     50 percent of the claims that its physicians panels determine 
     to be related to exposure to a toxic substance at the 
     Department of Energy. As a consequence, many claimants with a 
     positive determination from the physicians panel will be 
     denied benefits. Many States, including Alaska, Colorado, 
     Iowa, Kentucky, Missouri, Ohio, New Mexico, Idaho, and 
     Nevada, may not have a willing payor.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) claims for occupational illness, which are determined 
     to be caused by exposure to toxic substances at Department of 
     Energy facilities under subtitle D of the EEOICPA, should be 
     promptly, equitably, and efficiently compensated;
       (2) administrative and technical changes should be made to 
     the EEOICPA to--
       (A) improve claims processing and review by physicians 
     panels to ensure cost-effective and efficient consideration 
     and determination of workers' claims;
       (B) provide for membership in additional special exposure 
     cohorts; and
       (C) address eligibility issues at facilities with residual 
     radiation; and
       (3) the President and Congress should work together at the 
     earliest opportunity to develop a plan that effectively 
     resolves the issue of a lack of a willing payor for many 
     claims that are determined under subtitle D of the EEOICPA to 
     be related to exposure to a toxic substance at Department of 
     Energy facilities.

     SEC. 521. SENSE OF THE SENATE REGARDING TAX INCENTIVES FOR 
                   CERTAIN RURAL COMMUNITIES.

       It is the sense of the Senate that if tax relief measures 
     are passed in accordance with the assumptions in this 
     resolution in this session of Congress, such legislation 
     should include--
       (1) tax and other financial incentives, similar to those 
     included in the New Homestead Act (S. 602), to help rural 
     communities fight the economic decimation caused by chronic 
     out-migration by giving such communities the tools they need 
     to attract individuals to live and work, or to start and grow 
     a business, in such rural areas, and
       (2) revenue provisions which fully offset the cost of such 
     tax and other financial incentives.

     SEC. 522. SENSE OF THE SENATE CONCERNING SUMMER FOOD PILOT 
                   PROJECTS.

        It is the sense of the Senate that the levels in this 
     concurrent resolution assume that in making appropriations 
     and revenue decisions in Function 600 (Income Security), the 
     Senate supports the provision, to the Food and Nutrition 
     Service and other appropriate agencies within the Department 
     of Agriculture, of $15,000,000 for fiscal year 2005, and 
     $127,000,000 for the period of fiscal years 2005 through 
     2009, to enable those agencies to expand the summer food 
     pilot projects established under section 18(f) of the Richard 
     B. Russell National School Lunch Act (42 U.S.C. 1769(f)) to 
     all States of the United States and to all service 
     institutions (including service institutions described in 
     section 13(a)(7) of that Act).


                      Motion Offered by Mr. Nussle

  Mr. NUSSLE. Mr. Speaker, I offer a motion.
  The SPEAKER pro tempore. The Clerk will report the motion.
  The Clerk read as follows:

       Mr. Nussle moves to strike all after the resolving clause 
     of S. Con. Res. 95 and insert in lieu thereof the text of 
     House Concurrent Resolution 393 as adopted by the House.

  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Iowa (Mr. Nussle).
  The motion was agreed to.
  The Senate concurrent resolution was concurred in.

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