E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, JUNE 5, 2002 No. 72—Part II Senate TEXT OF AMENDMENTS ‘‘(i) to each of American Samoa, Guam, the prevent the spread of sudden oak death syn- Mr. CLELAND submitted an United States Virgin Islands, and the Com- drome, of which— SA 3580. monwealth of the Northern Mariana Islands (1) $1,500,000 shall be provided to the Ani- amendment intended to be proposed by may not be less than the greater of— mal and Plant Health Inspection Service; him to the bill H.R. 4775, making sup- ‘‘(I) $210,000; or (2) $1,500,000 shall be provided to the Agri- plemental appropriations for the fiscal ‘‘(II) (except in a fiscal year for which the cultural Research Service; year ending September 30, 2002, and for amount appropriated under section 129 is less (3) $1,500,000 shall be provided to the Forest other purposes; which was ordered to than the amount so appropriated for the pre- Service; and lie on the table; as follows: ceding fiscal year) the allotment received by (4) $500,000 shall be provided to the Cooper- On page 94, line 16, after the semicolon in- such State under this section for the pre- ative State Research, Education, and Exten- sert the following: ‘‘$15,870,000 shall be made ceding fiscal year; and sion Service. available to the Federal Law Enforcement ‘‘(ii) to any State not described in clause Training Center for additional instructors, (i) may not be less than the greater of— SA 3583. Mr. KENNEDY (for himself, facilities, and equipment required to train ‘‘(I) $400,000; or Mr. SMITH of Oregon, Mrs. BOXER, Mr. new law enforcement staffing required fol- ‘‘(II) (except in a fiscal year for which the DODD, Mr. REID, Mrs. MURRAY, and Mr. amount appropriated under section 129 is less lowing the September 11, 2001, terrorist at- DURBIN) proposed an amendment to tacks, in particular for basic training for the than the amount so appropriated for the pre- ceding fiscal year) the allotment received by amendment SA 3570 proposed by Mr. new Transportation Security Administra- REID to the bill (H.R. 4775) making sup- tion;’’. such State under this section for the pre- ceding fiscal year.’’; and plemental appropriations for the fiscal SA 3581. Ms. LANDRIEU (for herself, (2) in paragraph (4)(A), by striking clauses year ending September 30, 2002, and for Mr. BREAUX, and Mr. HARKIN) sub- (i) and (ii) and inserting the following: other purposes; as follows: mitted an amendment intended to be ‘‘(i) to each of American Samoa, Guam, the At the appropriate place, insert the fol- United States Virgin Islands, and the Com- lowing: proposed by her to the bill H.R. 4775, monwealth of the Northern Mariana Islands making supplemental appropriations SEC. ll. EMERGENCY SUMMER SCHOOL FUND- may not be less than the greater of— ING. for the fiscal year ending September 30, ‘‘(I) $220,000; or (a) FINDINGS; PURPOSE.— 2002, and for other purposes; which was ‘‘(II) (except in a fiscal year for which the (1) FINDINGS.—Congress finds the following: amount appropriated under section 129 is less ordered to lie on the table; as follows: (A) Under the amendments made by the No than the amount so appropriated for the pre- On page 78, line 22, strike ‘‘$72,000,000’’ and Child Left Behind Act of 2001, students and ceding fiscal year) the allotment received by insert ‘‘$69,463,000’’. schools rightly are held accountable for such State under this section for the pre- On page 79, between lines 6 and 7, insert meeting challenging State academic content ceding fiscal year; and the following: and student academic achievement stand- ‘‘(ii) to any State not described in clause ADMINISTRATION FOR CHILDREN AND FAMILIES ards in mathematics, reading or language (i) may not be less than the greater of— CHILDREN AND FAMILIES SERVICES PROGRAMS arts, and science. ‘‘(I) $450,000; or (B) Summer programs and activities sup- For an additional amount for fiscal year ‘‘(II) (except in a fiscal year for which the ported under the 21st Century Community 2002 for ‘‘Children and Families Services Pro- amount appropriated under section 129 is less Learning Centers program are critical to grams’’, $2,537,000, which shall be available, than the amount so appropriated for the pre- providing supplemental academic services without regard to paragraph (3) or (4) of sec- ceding fiscal year) the allotment received by and academic enrichment activities designed tion 122(a) of the Developmental Disabilities such State under this section for the pre- to help students meet local and State aca- Assistance and Bill of Rights Act of 2000 (42 ceding fiscal year.’’. demic standards. U.S.C. 15022(a)), to support activities carried (b) The amendments made by subsection out in fiscal years 2001 and 2002 by State (a) take effect on October 1, 2002. (C) Summer programs and activities sup- Councils on Developmental Disabilities, ported under the 21st Century Community through grants only to States adversely af- SA 3582. Mrs. BOXER submitted an Learning Centers program help children and fected for fiscal years 2001 and 2002 by the amendment intended to be proposed by the children’s families in the areas of youth omission from such Act of the provisions of her to the bill H.R. 4775, making sup- development, drug and violence prevention, section 125(a)(3)(A)(ii)(II) of the Develop- and character education. plemental appropriations for the fiscal (D) During the summer of 2002, school dis- mental Disabilities Assistance and Bill of year ending September 30, 2002, and for Rights Act (as in effect on October 29, 2000). tricts throughout the Nation will confront On page 89, between lines 3 and 4, insert other purposes; which was ordered to more than $200,000,000 in cuts to summer the following lie on the table; as follows: school programs, eliminating services and SEC. 807. (a) Section 122(a) of the Develop- On page 7, between lines 12 and 13, insert academic support to more than 150,000 strug- mental Disabilities Assistance and Bill of the following: gling children. Rights Act of 2000 (42 U.S.C. 15022(a)) is SEC. 102. SUDDEN OAK DEATH SYNDROME. (2) PURPOSE.—The purpose of this section amended— The Secretary of Agriculture shall use is to provide opportunities for communities (1) in paragraph (3)(A), by striking clauses $5,000,000 of funds of the Commodity Credit to provide summertime activities in commu- (i) and (ii) and inserting the following: Corporation to arrest, control, eradicate, and nity learning centers that—

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S5063

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VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.000 pfrm04 PsN: S05PT2 S5064 CONGRESSIONAL RECORD — SENATE June 5, 2002 (A) provide opportunities for academic en- On page 101, after line 23, insert the fol- year ending September 30, 2002, and for richment, including providing tutorial serv- lowing: other purposes; which was ordered to ices to help students, particularly students SEC. 1008. Using up to $300,000 of the lie on the table; as follows: who attend low-performing schools, to meet amount appropriated for fiscal year 2002 for Strike section 2002 of the bill. State and local student academic achieve- the Department of Transportation for the ment standards in core academic subjects, Coast Guard for acquisition, construction, SA 3589. Mr. KOHL submitted an and improvements by title I of Public Law such as reading and mathematics; and amendment intended to be proposed by (B) offer students an array of additional 107–87 (115 Stat. 836), the Secretary of Trans- services, programs, and activities, such as portation shall, by grant, reimburse the City him to the bill H.R. 4775, making sup- youth development activities, drug and vio- of Escanaba, Michigan, for the costs incurred plemental appropriations for the fiscal lence prevention programs, counseling pro- by the City for the repair of the North wall year ending September 30, 2002, and for grams, art, music, and recreation programs, of the municipal dock, Escanaba, Michigan, other purposes; which was ordered to technology education programs, and char- a facility used by the Coast Guard. lie on the table; as follows: acter education programs, that are designed In chapter 10 of title I under the heading to reinforce and complement the regular SA 3585. Ms. STABENOW (for herself ‘‘TRANSPORTATION SECURITY ADMINISTRA- academic program of participating students. and Mr. LEVIN) submitted an amend- TION’’, insert before the period the following: (b) FUNDING FOR SUMMER SCHOOL PRO- ment intended to be proposed by her to ‘‘: Provided further, That no amount appro- GRAMS.— the bill H.R. 4775, making supplemental priated by this heading shall be available for (1) IN GENERAL.—Provided that, in addition appropriations for the fiscal year end- prescribing regulations to implement the to amounts otherwise available to carry out ing September 30, 2002, and for other aviation security program for charter air section 4205(a) of the Elementary and Sec- purposes; which was ordered to lie on carriers required by section 132(a) of the ondary Education Act of 1965 (20 U.S.C. the table; as follows: Aviation and Transportation Security Act 7175(a)), $200,000,000 shall be available to (Public Law 107–71; 115 Stat. 635; 49 U.S.C. carry out activities described in section On page 8, line 18, after ‘‘That’’ insert ‘‘of 44903 note) unless such regulations include 4205(a) of the Elementary and Secondary this amount, $10,000,000 is for reimbursing pre-boarding screening requirements (includ- Education Act of 1965 (20 U.S.C. 7175(a)) dur- State and local law enforcement agencies ing a search of passengers and their acces- ing the 2002 summer recess period. that have provided necessary Federal assist- sible baggage) for aircraft with a maximum (2) AWARDING OF GRANTS.— ance to personnel of the Immigration and certificated take off weight of 12,500 pounds (A) IN GENERAL.—Notwithstanding section Naturalization Service, and of the United or more’’. 4202 of the Elementary and Secondary Edu- States Customs Bureau Service, along the cation Act of 1965 (20 U.S.C. 7172), the Sec- Northern Border of the United States: Pro- SA 3590. Mr. HOLLINGS (for himself, retary of Education shall award grants with vided further, That’’. Mr. BREAUX and Mr. LOTT) submitted funds made available under paragraph (1) on an amendment intended to be proposed SA 3586. Mr. BOND submitted an a competitive basis to eligible entities serv- by him to the bill H.R. 4775, making amendment intended to be proposed by ing communities whose local educational supplemental appropriations for the agencies are not able to meet fully the com- him to the bill H.R. 4775, making sup- fiscal year ending September 30, 2002, munities’ need for summer school programs. plemental appropriations for the fiscal and for other purposes; which was or- (B) PRIORITY.—In awarding grants under year ending September 30, 2002, and for dered to lie on the table; as follows: subparagraph (A), the Secretary of Edu- other purposes; which was ordered to cation shall give priority to an eligible enti- lie on the table; as follows: At the appropriate place insert the fol- ty that is a local educational agency or who lowing: serves a community whose local educational On page 70, between lines 19 and 20, insert SEC. . CONTAMINATED SEAFOOD. agency— the following: (a) IN GENERAL.—Section 801 of the Federal (i) serves high concentrations or numbers STATE WILDLIFE GRANTS Food, Drug, and Cosmetic Act (21 U.S.C. 381) of low-income children; (RESCISSION) is amended by— (ii) before June 6, 2002, announced that the Of the amounts made available for ‘‘United (1) redesignating subsections (b) through local educational agency is canceling or re- States Fish and Wildlife Service, State Wild- (g) as subsections (c) through (h), respec- ducing summer school services in 2002; or life Grants’’ under title VIII of the Depart- tively; and (2) inserting after subsection (a) the fol- (iii) is located in a State whose State edu- ment of the Interior and Related Agencies lowing: cational agency, before June 6, 2002, an- Appropriation Act, 2001 (114 Stat. 1025), ‘‘(b) CONTAMINATED SEAFOOD.— nounced that the State educational agency $2,000,000 is rescinded. is canceling or reducing summer school fund- ‘‘(1) REFUSAL OF ENTRY.—The Secretary of On page 73, between lines 2 and 3, insert Health and Human Services shall issue an ing for 2002. the following: (3) APPLICATION AND OBLIGATION.— order refusing admission into the United SALARIES AND EXPENSES (A) APPLICATION.—Notwithstanding sec- States of all imports of seafood originating tions 4203 and 4204 of the Elementary and For an additional amount for ‘‘Salaries from a country or exporter if the Secretary Secondary Education Act of 1965 (20 U.S.C. and Expenses’’ for exhibits and other activi- determines, on the basis of evidence that the 7173 and 7174), an eligible entity that desires ties relating to the events of September 11, Secretary finds reliable and applicable, that a grant under this section shall submit an 2001, $2,000,000, to remain available until ex- shipments of such seafood are likely to con- application to the Secretary of Education at pended. tain 1 or more animal drugs listed in section such time and in such manner as the Sec- 530.4(a) of title 21, Code of Federal Regula- retary of Education may require. SA 3587. Mr. BOND (for himself and tions. Such evidence may include— ‘‘(A) the detection of such animal drugs by (B) OBLIGATION.—Not later than 4 weeks Mr. DURBIN) submitted an amendment after the date of enactment of this section, intended to be proposed by him to the the Secretary; ‘‘(B) the detection of such animal drugs by the Secretary of Education shall obligate bill H.R. 4775, making supplemental ap- an entity commissioned to carry out exami- funds made available under this section. propriations for the fiscal year ending nations and investigations under section (4) DEFINITION OF ELIGIBLE ENTITY.—In this September 30, 2002, and for other pur- 702(a) of this Act (21 U.S.C., 372(a)); section, the term ‘‘eligible entity’’ has the poses; which was ordered to lie on the ‘‘(C) findings from an inspection team meaning given the term in section 4201 of the table; as follows: formed under paragraph (4); or Elementary and Secondary Education Act of ‘‘(D) the detection by other importing On page 48, line 19, strike ‘‘$10,000,000’’ and 1965 (20 U.S.C. 7171). countries of such animal drugs in shipments insert ‘‘$22,200,000’’. (5) EMERGENCY DESIGNATION.—The entire of seafood that originate from such country On page 49, beginning on line 4, strike amount necessary to carry out this section or exporter. ‘‘flooding in’’ and all that follows through is designated by Congress as an emergency ‘‘(2) ALLOWANCE OF INDIVIDUAL SHIPMENTS the end of line 6 and insert ‘‘flooding in east- requirement pursuant to section 251(b)(2)(A) FROM EXPORTING COUNTRY OR EXPORTER.— of the Balanced Budget and Emergency Def- ern Kentucky, Illinois, Missouri, south- Notwithsteanding an order under paragraph icit Control Act of 1985, as amended. western Virginia, and southern West Vir- (1) with respect to seafood originating from a ginia: Provided, That the $22,200,000 is des- country or exporter, the Secretary may per- SA 3584. Ms. STABENOW (for herself ignated by Congress as an emergency re- mit individual shipments of seafood origi- quirement under section 251(b)(2)(A) of the and Mr. LEVIN) submitted an amend- nating in that country or from that exporter Balanced Budget and Emergency Deficit to be admitted into the United States if— ment intended to be proposed by her to Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).’’. the bill H.R. 4775, making supplemental ‘‘(A) the exporter or importer presents evi- dence from a laboratory certified by the Sec- appropriations for the fiscal year end- SA 3588. Mr. NICKLES submitted an retary under paragraph (5) that a shipment ing September 30, 2002, and for other amendment intended to be proposed by does not contain a drug listed in section purposes; which was ordered to lie on him to the bill H.R. 4775, making sup- 530.41(a) of title 21, Code of Federal Regula- the table; as follows: plemental appropriations for the fiscal tions; or

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.086 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5065 ‘‘(B) the Secretary, or an entity commis- ties, for the purpose of preserving a commer- Nation’s transit riders not later than 30 days sioned to carry out examinations and inves- cially owned and operated capability of pro- after the date of enactment of this Act’’. tigations under section 702(a) of this Act (21 ducing defense grade nitrocellulose at the U.S.C. 372(a)), has inspected the shipment rate of at least 10,000,000 pounds per year in SA 3595. Mr. REED submitted an and has found that the shipment does not order to preserve a commercial manufac- amendment intended to be proposed by contain such a drug. turing capability for munitions precursor him to the bill H.R. 4775, making sup- ‘‘(3) CANCELLATION OF ORDER.—The Sec- supplies for the High Zone Modular Artillery plemental appropriations for the fiscal retary may cancel an order under paragraph Charge system and to preserve competition year ending September 30, 2002, and for (1) with respect to seafood exported from a in that manufacturing capability. other purposes; which was ordered to country or exporter— if ‘‘(A) an inspection team formed under SA 3592. Mr. BAYH (for himself, Ms. lie on the table, as follows: paragraph (4) has determined that the pro- MIKULSKI, and Mr. SARBANES) sub- On page 94, line 19, after ‘‘Commerce’’ in- hibited drug at issue is no longer sold for mitted an amendment intended to be sert ‘‘Provided further, That not later than 30 use, or being used, in food-producing animals proposed by him to the bill H.R. 4775, days after the date of enactment of this Act, the Under Secretary for Transportation Se- in the country in which the seafood origi- making supplemental appropriations nated; or curity shall report to Congress (1) the ‘‘(B) all shipments into the United States for the fiscal year ending September 30, amount of Transportation Security Adminis- under paragraph (2) of seafood originating in 2002, and for other purposes; which was tration funds dedicated to improving public that country or from that exporter more ordered to lie on the table; as follows: transportation security, (2) the number of than 1 years after the date on which the Sec- In chapter 3 of title I, insert after the mat- full-time Transportation Security Adminis- retary issued the order have been found, ter under the heading ‘‘RESEARCH, DEVELOP- tration personnel engaged in improving pub- under the procedures described in paragraph MENT, TEST, AND EVALUATION, AIR FORCE’’ lic transportation security, (3) a plan for im- (2), not to contain such a drug. the following: proving the security of our Nation’s public ‘‘(4) INSPECTION TEAM.—The Secretary may OTHER DEPARTMENT OF DEFENSE transportation systems’’. send 1 or more inspectors to a country or ex- PROGRAMS porter from which seafood exported to the SA 3596. Mr. SPECTER submitted an CHEMICAL AGENTS AND MUNITIONS United States originates to assess whether amendment intended to be proposed by DESTRUCTION, ARMY any such drug is sold for use, or is being used him to the bill H.R. 4775, making sup- in, food-producing animals in that country. For expenses, not otherwise provided for, necessary for the destruction of the United plemental appropriations for the fiscal The inspection team shall prepare a report year ending September 30, 2002, and for for the Secretary with its findings. The Sec- states stockpile of lethal chemical agents and munitions in accordance with the provi- other purposes; which was ordered to retary shall cause the report to be published lie on the table, as follows: in the Federal Register no later than 90 days sions of section 1412 of the Department of after the inspection team makes its final re- Defense Authorization Act, 1986 (50 U.S.C. On page 79, after line 6 insert the following port. The Secretary shall notify the country 1521), and for the destruction of other chem- new proviso: or exporter through appropriate means as to ical warfare materials that are not in the CENTERS FOR MEDICARE AND MEDICAID the findings of the report no later than the chemical weapon stockpile, $100,000,000, of SERVICES which $100,000,000 shall be available for accel- date on which the report is published in the PROGRAM MANAGEMENT Federal Register. erated neutralization of chemical weapons: Provided, That the entire amount is des- ‘‘: Provided further, That of the funds made ‘‘(5) CERTIFIED LABS.—Within 90 days after available under this heading in Public Law the date of enactment of the 2002 Supple- ignated by the Congress as an emergency re- quirement pursuant to section 251(b)(2)(A) of 107–116, $3,000,000 shall be awarded to the mental Appropriations Act for Further Re- Johns Hopkins School of Medicine for activi- covery From and Response To Terrorist At- the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. ties associated with an in-home study of self- tacks on the United States, the Secretary administered high frequency chest oscilla- shall publish in the Federal Register a list of SA 3593. Mr. MCCONNELL submitted tion therapy for patients with chronic ob- laboratories certified by the Secretary for structive pulmonary disease’’. purposes of paragraph (2)(A). The Secretary an amendment intended to be proposed shall update the list, and publish the updated by him to the bill H.R. 4775, making SA 3597. Mr. WARNER (for himself, supplemental appropriations for the list, no less frequently than annually.’’. Mr. HELMS, Mr. MILLER, Mr. HATCH, ‘‘(b) CONFORMING AMENDMENTS.—Section fiscal year ending September 30, 2002, Mr. KYL, Mr. BROWNBACK, Mr. ALLEN, 801 of the Federal Food, Drug, and Cosmetic and for other purposes; which was or- Mr. ENSIGN, Mr. HUCHINSON, Mr. CRAIG, Act (21 U.S.C. 381), as amended by subsection dered to lie on the table; as follows: Mr. SHELBY, Mr. HAGEL, Mr. CRAPO, (a), is amended by— On page 58, line 10, after ‘‘Israel’’ insert the (1) striking ‘‘subsection (b)’’ in subsection and Mr. FRIST) submitted an amend- following: ‘‘, all or a portion of which may be ment intended to be proposed by him (a) and inserting ‘’subsection (c)’’; transferred to, and merged with, funds ap- (2) striking ‘‘subsection (b)’’ in subsection propriated by this Act under the heading to the bill H.R. 4775, making supple- (d) and inserting ‘’subsection (c)’’; ‘‘Nonproliferation, Anti-Terrorism, Demin- mental appropriations for the fiscal (3) striking ‘‘subsection (e)’’ in subsection ing and Related Programs’’ for defensive, year ending September 30, 2002, and for (g)(1) and inserting ‘‘subsection (f)’’; non-lethal anti-terrorism assistance in ac- other purposes; which was ordered to (4) striking ‘‘section 801(a)’’ in subsection cordance with the provisions of chapter 8 of (h)(1)(A)(i) and inserting ‘‘subsection (a) of lie on the table, as follows: part II of the Foreign Assistance Act of On page 116, after line 24, add the fol- this section’’; 1961’’. (5) striking ‘‘section 801(a)’’ in subsection lowing: (h)(1)(A)(ii) and inserting ‘‘subsection (a) of SA 3594. Mr. REED submitted an TITLE III—AMERICAN SERVICE- this section’’; and amendment intended to be proposed by MEMBERS’ PROTECTION ACT ‘‘(6) striking ‘‘section 801(d)(1);’’ in sub- him to the bill H.R. 4775, making sup- SEC. 3001. SHORT TITLE. section (h)(1)(A)(iii) and inserting ‘‘sub- This title may be cited as the ‘‘American section (d)(1) of this section;’’ plemental appropriations for the fiscal Servicemembers’ Protection Act of 2002’’. year ending September 30, 2002, and for SEC. 3002. FINDINGS. SA 3591. Mr. BIDEN (for himself, Mr. other purposes; which was ordered to Congress makes the following findings: CARPER, Mr. TORRICELLI, and Mr. lie on the table, as follows: (1) On July 17, 1998, the United Nations CORZINE) submitted an amendment in- On page 94, line 19, after ‘‘Commerce’’ in- Diplomatic Conference of Plenipotentiaries tended to be proposed by him to the sert ‘‘Provided further, That the Under Sec- on the Establishment of an International bill H.R. 4775, making supplemental ap- retary for Transportation Security shall re- Criminal Court, meeting in Rome, Italy, propriations for the fiscal year ending port to the Committee on Appropriations of adopted the ‘‘Rome Statute of the Inter- September 30, 2002, and for other pur- each House (1) the amount of funds dedicated national Criminal Court’’. The vote on to improving public transportation security, whether to proceed with the statute was 120 poses; which was ordered to lie on the (2) the number of full-time Transportation in favor to 7 against, with 21 countries ab- table; as follows: Security Administration personnel engaged staining. The United States voted against At the end of chapter 3 of title I, add the in improving public transportation security, final adoption of the Rome Statute. following: (3) a plan for improving the security of our (2) As of April 30, 2001, 139 countries had SEC. 307. The Secretary of the Army shall Nation’s public transportation systems, and signed the Rome Statute and 30 had ratified obligate and expend the $2,000,000 appro- (4) recommendations of any policy changes it. Pursuant to Article 126 of the Rome Stat- priated for the Army by Public Law 107–117 required to ensure Transportation Security ute, the statute will enter into force on the for procurement of smokeless nitrocellulose Administration, Department of Transpor- first day of the month after the 60th day fol- under Activity 1, instead under Activity 2, tation, and the Federal Transit Administra- lowing the date on which the 60th country Production Base Support Industrial Facili- tion can effectively improve security for our deposits an instrument ratifying the statute.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.108 pfrm04 PsN: S05PT2 S5066 CONGRESSIONAL RECORD — SENATE June 5, 2002 (3) Since adoption of the Rome Statute, a them to protect the national interests of the President is authorized to waive the prohibi- Preparatory Commission for the Inter- United States. tions and requirements of sections 3004 and national Criminal Court has met regularly (10) Any agreement within the Preparatory 3006 to the degree such prohibitions and re- to draft documents to implement the Rome Commission on a definition of the Crime of quirements would prevent United States co- Statute, including Rules of Procedure and Aggression that usurps the prerogative of operation with an investigation or prosecu- Evidence, Elements of Crimes, and a defini- the United Nations Security Council under tion of a named individual by the Inter- tion of the Crime of Aggression. Article 39 of the charter of the United Na- national Criminal Court. A waiver under this (4) During testimony before the Congress tions to ‘‘determine the existence of any .... subsection may be issued only if the Presi- following the adoption of the Rome Statute, act of aggression’’ would contravene the dent at least 15 days in advance of exercising the lead United States negotiator, Ambas- charter of the United Nations and undermine such authority— sador David Scheffer stated that the United deterrence. (1) notifies the appropriate congressional States could not sign the Rome Statute be- (11) It is a fundamental principle of inter- committees of the intention to exercise such cause certain critical negotiating objectives national law that a treaty is binding upon its authority; and of the United States had not been achieved. parties only and that it does not create obli- (2) determines and reports to the appro- As a result, he stated: ‘‘We are left with con- gations for nonparties without their consent priate congressional committees that— sequences that do not serve the cause of to be bound. The United States is not a party (A) a waiver pursuant to subsection (a) or international justice.’’ to the Rome Statute and will not be bound (b) of the prohibitions and requirements of (5) Ambassador Scheffer went on to tell the by any of its terms. The United States will sections 3005 and 3007 is in effect; Congress that: ‘‘Multinational peacekeeping not recognize the jurisdiction of the Inter- (B) there is reason to believe that the forces operating in a country that has joined national Criminal Court over United States named individual committed the crime or the treaty can be exposed to the Court’s ju- nationals. crimes that are the subject of the Inter- risdiction even if the country of the indi- SEC. 3003. WAIVER AND TERMINATION OF PROHI- national Criminal Court’s investigation or vidual peacekeeper has not joined the treaty. BITIONS OF THIS TITLE. prosecution; Thus, the treaty purports to establish an ar- (a) AUTHORITY TO INITIALLY WAIVE SEC- (C) it is in the national interest of the rangement whereby United States armed TIONS 3005 AND 3007.—The President is au- United States for the International Criminal forces operating overseas could be conceiv- thorized to waive the prohibitions and re- Court’s investigation or prosecution of the ably prosecuted by the international court quirements of sections 3005 and 3007 for a sin- named individual to proceed; and gle period of 1 year. A waiver under this sub- even if the United States has not agreed to (D) in investigating events related to ac- section may be issued only if the President be bound by the treaty. Not only is this con- tions by the named individual, none of the at least 15 days in advance of exercising such trary to the most fundamental principles of following persons will be investigated, ar- authority— treaty law, it could inhibit the ability of the rested, detained, prosecuted, or imprisoned (1) notifies the appropriate congressional United States to use its military to meet al- by or on behalf of the International Criminal committees of the intention to exercise such liance obligations and participate in multi- Court with respect to actions undertaken by authority; and national operations, including humanitarian them in an official capacity: (2) determines and reports to the appro- interventions to save civilian lives. Other (i) Covered United States persons. priate congressional committees that the contributors to peacekeeping operations will (ii) Covered allied persons. International Criminal Court has entered be similarly exposed.’’. (iii) Individuals who were covered United into a binding agreement that— (6) Notwithstanding these concerns, Presi- States persons or covered allied persons. (A) prohibits the International Criminal (d) TERMINATION OF WAIVER PURSUANT TO dent Clinton directed that the United States Court from seeking to exercise jurisdiction SUBSECTION (c).—Any waiver or waivers exer- sign the Rome Statute on December 31, 2000. over the following persons with respect to cised pursuant to subsection (c) of the prohi- In a statement issued that day, he stated actions undertaken by them in an official ca- bitions and requirements of sections 3004 and that in view of the unremedied deficiencies pacity: 3006 shall terminate at any time that a waiv- of the Rome Statute, ‘‘I will not, and do not (i) covered United States persons; er pursuant to subsection (a) or (b) of the recommend that my successor submit the (ii) covered allied persons; and prohibitions and requirements of sections Treaty to the Senate for advice and consent (iii) individuals who were covered United 3005 and 3007 expires and is not extended pur- until our fundamental concerns are satis- States persons or covered allied persons; and suant to subsection (b). fied’’. (B) ensures that no person described in (e) TERMINATION OF PROHIBITIONS OF THIS (7) Any American prosecuted by the Inter- subparagraph (A) will be arrested, detained, TITLE.—The prohibitions and requirements national Criminal Court will, under the prosecuted, or imprisoned by or on behalf of of sections 3004, 3005, 3006, and 3007 shall Rome Statute, be denied procedural protec- the International Criminal Court. cease to apply, and the authority of section tions to which all Americans are entitled (b) AUTHORITY TO EXTEND WAIVER OF SEC- 3008 shall terminate, if the United States be- under the Bill of Rights to the United States TIONS 3005 AND 3007.—The President is au- comes a party to the International Criminal Constitution, such as the right to trial by thorized to waive the prohibitions and re- Court pursuant to a treaty made under arti- jury. quirements of sections 3005 and 3007 for suc- cle II, section 2, clause 2 of the Constitution (8) Members of the Armed Forces of the cessive periods of 1 year each upon the expi- of the United States. United States should be free from the risk of ration of a previous waiver pursuant to sub- SEC. 3004. PROHIBITION ON COOPERATION WITH prosecution by the International Criminal section (a) or this subsection. A waiver under THE INTERNATIONAL CRIMINAL Court, especially when they are stationed or this subsection may be issued only if the COURT. deployed around the world to protect the President at least 15 days in advance of exer- (a) APPLICATION.—The provisions of this vital national interests of the United States. cising such authority— section— The United States Government has an obli- (1) notifies the appropriate congressional (1) apply only to cooperation with the gation to protect the members of its Armed committees of the intention to exercise such International Criminal Court and shall not Forces, to the maximum extent possible, authority; and apply to cooperation with an ad hoc inter- against criminal prosecutions carried out by (2) determines and reports to the appro- national criminal tribunal established by the the International Criminal Court. priate congressional committees that the United Nations Security Council before or (9) In addition to exposing members of the International Criminal Court— after the date of the enactment of this Act Armed Forces of the United States to the (A) remains party to, and has continued to to investigate and prosecute war crimes risk of international criminal prosecution, abide by, a binding agreement that— committed in a specific country or during a the Rome Statute creates a risk that the (i) prohibits the International Criminal specific conflict; and President and other senior elected and ap- Court from seeking to exercise jurisdiction (2) shall not prohibit— pointed officials of the United States Gov- over the following persons with respect to (A) any action permitted under section ernment may be prosecuted by the Inter- actions undertaken by them in an official ca- 3008; or national Criminal Court. Particularly if the pacity: (B) communication by the United States of Preparatory Commission agrees on a defini- (I) covered United States persons; its policy with respect to a matter. tion of the Crime of Aggression over United (II) covered allied persons; and (b) PROHIBITION ON RESPONDING TO RE- States objections, senior United States offi- (III) individuals who were covered United QUESTS FOR COOPERATION.—Notwithstanding cials may be at risk of criminal prosecution States persons or covered allied persons; and section 1782 of title 28, United States Code, for national security decisions involving (ii) ensures that no person described in or any other provision of law, no United such matters as responding to acts of ter- clause (i) will be arrested, detained, pros- States Court, and no agency or entity of any rorism, preventing the proliferation of weap- ecuted, or imprisoned by or on behalf of the State or local government, including any ons of mass destruction, and deterring ag- International Criminal Court; and court, may cooperate with the International gression. No less than members of the Armed (B) has taken no steps to arrest, detain, Criminal Court in response to a request for Forces of the United States, senior officials prosecute, or imprison any person described cooperation submitted by the International of the United States Government should be in clause (i) of subparagraph (A). Criminal Court pursuant to the Rome Stat- free from the risk of prosecution by the (c) AUTHORITY TO WAIVE SECTIONS 3004 AND ute. International Criminal Court, especially 3006 WITH RESPECT TO AN INVESTIGATION OR (c) PROHIBITION ON TRANSMITTAL OF LET- with respect to official actions taken by PROSECUTION OF A NAMED INDIVIDUAL.—The TERS ROGATORY FROM THE INTERNATIONAL

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.084 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5067

CRIMINAL COURT.—Notwithstanding section after the date that the Rome Statute enters Statute enters into force pursuant to Article 1781 of title 28, United States Code, or any into effect pursuant to Article 126 of the 126 of the Rome Statute, no United States other provision of law, no agency of the Rome Statute, unless the President has sub- military assistance may be provided to the United States Government may transmit for mitted to the appropriate congressional government of a country that is a party to execution any letter rogatory issued, or committees a certification described in sub- the International Criminal Court. other request for cooperation made, by the section (c) with respect to such operation. (b) NATIONAL INTEREST WAIVER.—The International Criminal Court to the tri- (c) CERTIFICATION.—The certification re- President may, without prior notice to Con- bunal, officer, or agency in the United States ferred to in subsection (b) is a certification gress, waive the prohibition of subsection (a) to whom it is addressed. by the President that— with respect to a particular country if he de- (d) PROHIBITION ON EXTRADITION TO THE (1) members of the Armed Forces of the termines and reports to the appropriate con- INTERNATIONAL CRIMINAL COURT.—Notwith- United States are able to participate in the gressional committees that it is important standing any other provision of law, no agen- peacekeeping or peace enforcement oper- to the national interest of the United States cy or entity of the United States Govern- ation without risk of criminal prosecution or to waive such prohibition. ment or of any State or local government other assertion of jurisdiction by the Inter- (c) ARTICLE 98 WAIVER.—The President may extradite any person from the United national Criminal Court because, in author- may, without prior notice to Congress, waive States to the International Criminal Court, izing the operation, the United Nations Se- the prohibition of subsection (a) with respect nor support the transfer of any United States curity Council permanently exempted, at a to a particular country if he determines and citizen or permanent resident alien to the minimum, members of the Armed Forces of reports to the appropriate congressional International Criminal Court. the United States participating in the oper- committees that such country has entered (e) PROHIBITION ON PROVISION OF SUPPORT ation from criminal prosecution or other as- into an agreement with the United States TO THE INTERNATIONAL CRIMINAL COURT.— sertion of jurisdiction by the International pursuant to Article 98 of the Rome Statute Notwithstanding any other provision of law, Criminal Court for actions undertaken by preventing the International Criminal court no agency or entity of the United States them in connection with the operation; from proceeding against United States per- Government or of any State or local govern- (2) members of the Armed Forces of the sonnel present in such country. ment, including any court, may provide sup- United States are able to participate in the (d) EXEMPTION.—The prohibition of sub- port to the International Criminal Court. peacekeeping or peace enforcement oper- section (a) shall not apply to the government (f) PROHIBITION ON USE OF APPROPRIATED ation without risk of criminal prosecution or of— FUNDS TO ASSIST THE INTERNATIONAL CRIMI- other assertion of jurisdiction by the Inter- (1) a NATO member country; NAL COURT.—Notwithstanding any other pro- national Criminal Court because each coun- (2) a major non-NATO ally (including Aus- vision of law, no funds appropriated under try in which members of the Armed Forces tralia, Egypt, Israel, Japan, Jordan, Argen- any provision of law may be used for the pur- of the United States participating in the op- tina, the Republic of Korea, and New Zea- pose of assisting the investigation, arrest, eration will be present either is not a party land); or detention, extradition, or prosecution of any to the International Criminal Court and has (3) Taiwan. United States citizen or permanent resident not invoked the jurisdiction of the Inter- SEC. 3008. AUTHORITY TO FREE MEMBERS OF alien by the International Criminal Court. national Criminal Court pursuant to Article THE ARMED FORCES OF THE (g) RESTRICTION ON ASSISTANCE PURSUANT 12 of the Rome Statute, or has entered into UNITED STATES AND CERTAIN TO MUTUAL LEGAL ASSISTANCE TREATIES.— an agreement in accordance with Article 98 OTHER PERSONS DETAINED OR IM- PRISONED BY OR ON BEHALF OF The United States shall exercise its rights to of the Rome Statute preventing the Inter- limit the use of assistance provided under all THE INTERNATIONAL CRIMINAL national Criminal Court from proceeding COURT. treaties and executive agreements for mu- against members of the Armed Forces of the tual legal assistance in criminal matters, (a) AUTHORITY.—The President is author- United States present in that country; or ized to use all means necessary and appro- multilateral conventions with legal assist- (3) the national interests of the United ance provisions, and extradition treaties, to priate to bring about the release of any per- States justify participation by members of son described in subsection (b) who is being which the United States is a party, and in the Armed Forces of the United States in the connection with the execution or issuance of detained or imprisoned by, on behalf of, or at peacekeeping or peace enforcement oper- the request of the International Criminal any letter rogatory, to prevent the transfer ation. to, or other use by, the International Crimi- Court. SEC. 3006. PROHIBITION ON DIRECT OR INDI- (b) PERSONS AUTHORIZED TO BE FREED.— nal Court of any assistance provided by the RECT TRANSFER OF CLASSIFIED NA- United States under such treaties and letters The authority of subsection (a) shall extend TIONAL SECURITY INFORMATION to the following persons: rogatory. AND LAW ENFORCEMENT INFORMA- (h) PROHIBITION ON INVESTIGATIVE ACTIVI- TION TO THE INTERNATIONAL (1) Covered United States persons. TIES OF AGENTS.—No agent of the Inter- CRIMINAL COURT. (2) Covered allied persons. national Criminal Court may conduct, in the (a) IN GENERAL.—Not later than the date (3) Individuals detained or imprisoned for United States or any territory subject to the on which the Rome Statute enters into force, official actions taken while the individual jurisdiction of the United States, any inves- the President shall ensure that appropriate was a covered United States person or a cov- tigative activity relating to a preliminary procedures are in place to prevent the trans- ered allied person, and in the case of a cov- inquiry, investigation, prosecution, or other fer of classified national security informa- ered allied person, upon the request of such proceeding at the International Criminal tion and law enforcement information to the government. Court. International Criminal Court for the purpose (c) AUTHORIZATION OF LEGAL ASSISTANCE.— When any person described in subsection (b) SEC. 3005. RESTRICTION ON UNITED STATES PAR- of facilitating an investigation, apprehen- TICIPATION IN CERTAIN UNITED NA- sion, or prosecution. is arrested, detained, investigated, pros- TIONS PEACEKEEPING OPERATIONS. (b) INDIRECT TRANSFER.—The procedures ecuted, or imprisoned by, on behalf of, or at (a) POLICY.—Effective beginning on the adopted pursuant to subsection (a) shall be the request of the International Criminal date on which the Rome Statute enters into designed to prevent the transfer to the Court, the President is authorized to direct force pursuant to Article 126 of the Rome United Nations and to the government of any agency of the United States Government Statute, the President should use the voice any country that is party to the Inter- to provide— and vote of the United States in the United national Criminal Court of classified na- (1) legal representation and other legal as- Nations Security Council to ensure that each tional security information and law enforce- sistance to that person (including, in the resolution of the Security Council author- ment information that specifically relates to case of a person entitled to assistance under izing any peacekeeping operation under matters known to be under investigation or section 1037 of title 10, United States Code, chapter VI of the charter of the United Na- prosecution by the International Criminal representation and other assistance in the tions or peace enforcement operation under Court, except to the degree that satisfactory manner provided in that section); chapter VII of the charter of the United Na- assurances are received from the United Na- (2) exculpatory evidence on behalf of that tions permanently exempts, at a minimum, tions or that government, as the case may person; and members of the Armed Forces of the United be, that such information will not be made (3) defense of the interests of the United States participating in such operation from available to the International Criminal States through appearance before the Inter- criminal prosecution or other assertion of ju- Court for the purpose of facilitating an in- national Criminal Court pursuant to Article risdiction by the International Criminal vestigation, apprehension, or prosecution. 18 or 19 of the Rome Statute, or before the Court for actions undertaken by such per- (c) CONSTRUCTION.—The provisions of this courts or tribunals of any country. sonnel in connection with the operation. section shall not be construed to prohibit (d) BRIBES AND OTHER INDUCEMENTS NOT (b) RESTRICTION.—Members of the Armed any action permitted under section 3008. AUTHORIZED.—This section does not author- ize the payment of bribes or the provision of Forces of the United States may not partici- SEC. 3007. PROHIBITION OF UNITED STATES MILI- pate in any peacekeeping operation under TARY ASSISTANCE TO PARTIES TO other such incentives to induce the release of chapter VI of the charter of the United Na- THE INTERNATIONAL CRIMINAL a person described in subsection (b). tions or peace enforcement operation under COURT. SEC. 3009. ALLIANCE COMMAND ARRANGEMENTS. chapter VII of the charter of the United Na- (a) PROHIBITION OF MILITARY ASSISTANCE.— (a) REPORT ON ALLIANCE COMMAND AR- tions, the creation of which is authorized by Subject to subsections (b) and (c), and effec- RANGEMENTS.—Not later than 6 months after the United Nations Security Council on or tive 1 year after the date on which the Rome the date of the enactment of this Act, the

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.084 pfrm04 PsN: S05PT2 S5068 CONGRESSIONAL RECORD — SENATE June 5, 2002 President should transmit to the appropriate later than 15 days after the President takes tions or peace enforcement operation under congressional committees a report with re- or directs an action or actions referred to in chapter VII of the charter of the United Na- spect to each military alliance to which the paragraph (1) the President shall notify the tions’’ means to assign members of the United States is party— appropriate congressional committees that Armed Forces of the United States to a (1) describing the degree to which members an action has been taken and a determina- United Nations military command structure of the Armed Forces of the United States tion has been made pursuant to this para- as part of a peacekeeping operation under may, in the context of military operations graph. The President shall provide a full no- chapter VI of the charter of the United Na- undertaken by or pursuant to that alliance, tification under paragraph (1) not later than tions or peace enforcement operation under be placed under the command or operational 15 days after the reasons for the determina- chapter VII of the charter of the United Na- control of foreign military officers subject to tion under this paragraph no longer apply. tions in which those members of the Armed the jurisdiction of the International Crimi- (c) CONSTRUCTION.—Nothing in this section Forces of the United States are subject to nal Court because they are nationals of a shall be construed as a grant of statutory au- the command or operational control of one party to the International Criminal Court; thority to the President to take any action. or more foreign military officers not ap- and SEC. 3012. NONDELEGATION. pointed in conformity with article II, section (2) evaluating the degree to which mem- The authorities vested in the President by 2, clause 2 of the Constitution of the United bers of the Armed Forces of the United sections 3003 and 3011(a) may not be dele- States. States engaged in military operations under- gated by the President pursuant to section (9) PARTY TO THE INTERNATIONAL CRIMINAL taken by or pursuant to that alliance may be 301 of title 3, United States Code, or any COURT.—The term ‘‘party to the Inter- exposed to greater risks as a result of being other provision of law. The authority vested national Criminal Court’’ means a govern- placed under the command or operational in the President by section 3005(c)(3) may not ment that has deposited an instrument of control of foreign military officers subject to be delegated by the President pursuant to ratification, acceptance, approval, or acces- the jurisdiction of the International Crimi- section 301 of title 3, United States Code, or sion to the Rome Statute, and has not with- nal Court. any other provision of law to any official drawn from the Rome Statute pursuant to (b) DESCRIPTION OF MEASURES TO ACHIEVE other than the Secretary of Defense, and if Article 127 thereof. ENHANCED PROTECTION FOR MEMBERS OF THE so delegated may not be subdelegated. (10) PEACEKEEPING OPERATION UNDER CHAP- ARMED FORCES OF THE UNITED STATES.—Not SEC. 3013. DEFINITIONS. TER VI OF THE CHARTER OF THE UNITED NA- later than 1 year after the date of the enact- As used in this title and in section 706 of TIONS OR PEACE ENFORCEMENT OPERATION ment of this Act, the President should trans- the Admiral James W. Nance and Meg Dono- UNDER CHAPTER VII OF THE CHARTER OF THE mit to the appropriate congressional com- van Foreign Relations Authorization Act, UNITED NATIONS.—The term ‘‘peacekeeping mittees a description of modifications to Fiscal Years 2000 and 2001: operation under chapter VI of the charter of command and operational control arrange- (1) APPROPRIATE CONGRESSIONAL COMMIT- the United Nations or peace enforcement op- ments within military alliances to which the TEES.—The term ‘‘appropriate congressional eration under chapter VII of the charter of United States is a party that could be made committees’’ means the Committee on Inter- the United Nations’’ means any military op- in order to reduce any risks to members of national Relations of the House of Rep- eration to maintain or restore international the Armed Forces of the United States iden- resentatives and the Committee on Foreign peace and security that— tified pursuant to subsection (a)(2). Relations of the Senate. (A) is authorized by the United Nations Se- (c) SUBMISSION IN CLASSIFIED FORM.—The (2) CLASSIFIED NATIONAL SECURITY INFORMA- curity Council under chapter VI or VII of the report under subsection (a), and the descrip- TION.—The term ‘‘classified national security charter of the United Nations; and tion of measures under subsection (b), or ap- information’’ means information that is (B) is paid for from assessed contributions propriate parts thereof, may be submitted in classified or classifiable under Executive of United Nations members that are made classified form. Order 12958 or a successor Executive order. available for peacekeeping or peace enforce- SEC. 3010. WITHHOLDINGS. (3) COVERED ALLIED PERSONS.—The term ment activities. Funds withheld from the United States ‘‘covered allied persons’’ means military per- (11) ROME STATUTE.—The term ‘‘Rome share of assessments to the United Nations sonnel, elected or appointed officials, and Statute’’ means the Rome Statute of the or any other international organization dur- other persons employed by or working on be- International Criminal Court, adopted by the ing any fiscal year pursuant to section 705 of half of the government of a NATO member United Nations Diplomatic Conference of the Admiral James W. Nance and Meg Dono- country, a major non-NATO ally (including Plenipotentiaries on the Establishment of an van Foreign Relations Authorization Act, Australia, Egypt, Israel, Japan, Jordan, Ar- International Criminal Court on July 17, Fiscal Years 2000 and 2001 (as enacted by sec- gentina, the Republic of Korea, and New Zea- 1998. tion 1000(a)(7) of Public Law 106–113; 113 Stat. land), or Taiwan, for so long as that govern- (12) SUPPORT.—The term ‘‘support’’ means 1501A–460), are authorized to be transferred ment is not a party to the International assistance of any kind, including financial to the Embassy Security, Construction and Criminal Court and wishes its officials and support, transfer of property or other mate- Maintenance Account of the Department of other persons working on its behalf to be ex- rial support, services, intelligence sharing, State. empted from the jurisdiction of the Inter- law enforcement cooperation, the training or detail of personnel, and the arrest or deten- SEC. 3011. APPLICATION OF SECTIONS 3004 AND national Criminal Court. 3006 TO EXERCISE OF CONSTITU- (4) COVERED UNITED STATES PERSONS.—The tion of individuals. TIONAL AUTHORITIES. term ‘‘covered United States persons’’ means (13) UNITED STATES MILITARY ASSISTANCE.— (a) IN GENERAL.—Sections 3004 and 3006 members of the Armed Forces of the United The term ‘‘United States military assist- shall not apply to any action or actions with States, elected or appointed officials of the ance’’ means— respect to a specific matter involving the United States Government, and other per- (A) assistance provided under chapter 2 or International Criminal Court taken or di- sons employed by or working on behalf of the 5 of part II of the Foreign Assistance Act of rected by the President on a case-by-case United States Government, for so long as the 1961 (22 U.S.C. 2151 et seq.); or basis in the exercise of the President’s au- United States is not a party to the Inter- (B) defense articles or defense services fur- thority as Commander in Chief of the Armed national Criminal Court. nished with the financial assistance of the Forces of the United States under article II, (5) EXTRADITION.—The terms ‘‘extradition’’ United States Government, including section 2 of the United States Constitution and ‘‘extradite’’ mean the extradition of a through loans and guarantees, under section or in the exercise of the executive power person in accordance with the provisions of 23 of the Arms Export Control Act (22 U.S.C. under article II, section 1 of the United chapter 209 of title 18, United States Code, 2763). States Constitution. (including section 3181(b) of such title) and SEC. 3014. REPEAL OF LIMITATION. (b) NOTIFICATION TO CONGRESS.— such terms include both extradition and sur- The Department of Defense Appropriations (1) IN GENERAL.—Subject to paragraph (2), render as those terms are defined in Article Act, 2002 (division A of Public Law 107–117) is not later than 15 days after the President 102 of the Rome Statute. amended by striking section 8173. takes or directs an action or actions de- (6) INTERNATIONAL CRIMINAL COURT.—The scribed in subsection (a) that would other- term ‘‘International Criminal Court’’ means SA 3598. Mrs. CLINTON submitted an wise be prohibited under section 3004 or 3006, the court established by the Rome Statute. amendment intended to be proposed by the President shall submit a notification of (7) MAJOR NON-NATO ALLY.—The term her to the bill H.R. 4775, making sup- such action to the appropriate congressional ‘‘major non-NATO ally’’ means a country plemental appropriations for the fiscal committees. A notification under this para- that has been so designated in accordance year ending September 30, 2002, and for graph shall include a description of the ac- with section 517 of the Foreign Assistance tion, a determination that the action is in Act of 1961. other purposes; which was ordered to the national interest of the United States, (8) PARTICIPATE IN ANY PEACEKEEPING OPER- lie on the table; as follows: and a justification for the action. ATION UNDER CHAPTER VI OF THE CHARTER OF On page 89, between lines 3 and 4, insert (2) EXCEPTION.—If the President deter- THE UNITED NATIONS OR PEACE ENFORCEMENT the following: mines that a full notification under para- OPERATION UNDER CHAPTER VII OF THE CHAR- SEC. 807. LOCAL EDUCATIONAL AGENCY SERV- graph (1) could jeopardize the national secu- TER OF THE UNITED NATIONS.—The term ‘‘par- ING NEW YORK CITY. rity of the United States or compromise a ticipate in any peacekeeping operation under Notwithstanding section 1124(c)(2) of the United States law enforcement activity, not chapter VI of the charter of the United Na- Elementary and Secondary Education Act of

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.084 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5069 1965 (20 U.S.C. 6333(c)(2)), for fiscal year 2002, 2002 (115 Stat. 2309), shall be used to reim- by him to the bill H.R. 4775, making if the local educational agency serving New burse the State of New Jersey for the costs supplemental appropriations for the York City receives an allocation under sec- incurred by the State, as certified by the fiscal year ending September 30, 2002, tion 1124 of the Elementary and Secondary Governor of the State, in providing increased and for other purposes; which was or- Education Act of 1965 (20 U.S.C. 6333) in an security for the Oyster Creek and Salem- amount that is greater than the amount re- Hope Creek nuclear power plants in the dered to lie on the table; as follows: ceived by the agency under section 1124 of State since September 11, 2001. On page 10, line 19, before the period insert the Elementary and Secondary Education the following: ‘‘: Provided further, That of the Act of 1965 (20 U.S.C. 6333) for fiscal year 2001, SA 3602. Mr. TORRICELLI submitted amount appropriated under this heading in then— an amendment intended to be proposed Public Law 107–117, $6,400,000 shall be for in- (1) the agency shall distribute any funds in by him to the bill H.R. 4775, making frastructure and network requirements of excess of the amount of the fiscal year 2001 the Federal Bureau of Investigation Labora- supplemental appropriations for the tory’’. allocation on an equal per-pupil basis con- fiscal year ending September 30, 2002, sistent with section 1113(c) of the Elemen- tary and Secondary Education Act of 1965 (20 and for other purposes; which was or- SA 3605. Mr. HOLLINGS submitted U.S.C. 6313(c)); and dered to lie on the table; as follows: an amendment intended to be proposed (2) each county in New York City shall re- On page 101, after line 23, insert the fol- by him to the bill H.R. 4775, making ceive an amount from the agency that is not lowing: supplemental appropriations for the less than the amount the county received in SEC. 1008. Not later than 30 days after the fiscal year ending September 30, 2002, fiscal year 2001. date of enactment of this Act, the Adminis- and for other purposes; which was or- trator of the Federal Aviation Administra- dered to lie on the table; as follows: SA 3599. Mrs. CLINTON (for herself tion shall submit to Congress a report— On page 55, between lines 3 and 4, insert and Mr. SCHUMER) submitted an (A) explaining how the Administrator will the following: amendment intended to be proposed by address the air traffic controller staffing shortage at Newark International Airport; SEC. 505. That portion of the former her to the bill H.R. 4775, making sup- Charleston, South Carolina, Naval Base (in- plemental appropriations for the fiscal and (B) providing a deadline by which the air- cluding all associated improvements and fix- year ending September 30, 2002, and for port will have an adequate number of air tures) on which is situated a law enforce- other purposes; which was ordered to traffic controllers. ment training facility for the Department of lie on the table; as follows: Justice shall not be transferred to, or trans- ferred for the direct or indirect use or benefit On page 7, between lines 12 and 13, insert SA 3603. Mr. TORRICELLI submitted of, the State of South Carolina or any local- the following: an amendment intended to be proposed ity or subdivision thereof. SEC. 102. EXEMPTION OF MARKET LOSS ASSIST- by him to the bill H.R. 4775, making ANCE FOR APPLE PRODUCERS supplemental appropriations for the SA 3606. Mr. SPECTER submitted an FROM ADMINISTRATIVE OFFSET. fiscal year ending September 30, 2002, Section 10105 of the Farm Security and amendment intended to be proposed by Rural Investment Act of 2002 (Public Law and for other purposes; which was or- him to the bill H.R. 4775, making sup- 107–171) is amended— dered to lie on the table; as follows: plemental appropriations for the fiscal (1) by redesignating subsection (d) as sub- On page 101, after line 23, insert the fol- year ending September 30, 2002, and for section (e); and lowing: other purposes; which was ordered to (2) by inserting after subsection (c) the fol- SEC. 1008. It is the sense of the Senate lie on the table; as follows: that— lowing: At the appropriate place in the bill insert (1) Newark International Airport has an in- ‘‘(d) ADMINISTRATIVE OFFSET.—Payments the following: under this section shall not be subject to ad- adequate number of air traffic controllers; (2) there is cause for concern about pas- SEC. ll. TREATMENT OF CERTAIN COUNTIES ministrative offset, including administrative FOR PURPOSES OF REIMBURSE- offset under chapter 37 of title 31, United senger safety at Newark International Air- MENT UNDER THE MEDICARE PRO- States Code.’’. port as a result of the inadequate number of GRAM. air traffic controllers at the airport; (a) RECLASSIFICATION OF CERTAIN PENNSYL- SA 3600. Mrs. TORRICELLI (for her- (3) the number of passengers using air VANIA COUNTIES.— self and Mr. CORZINE) submitted an transportation is expected to continue to in- (1) IN GENERAL.—Notwithstanding any amendment intended to be proposed by crease, and will eventually equal or exceed other provision of law, subject to paragraph her to the bill H.R. 4775, making sup- the number of passengers using air transpor- (3), effective for discharges occurring during tation prior to September 11, 2001; fiscal year 2002, for purposes of making pay- plemental appropriations for the fiscal (4) an increase in passenger volume will ex- year ending September 30, 2002, and for ments under subsections (d) and (j) of section acerbate the effects of the air traffic con- 1886 of the Social Security Act (42 U.S.C. other purposes; which was ordered to troller shortage at Newark International 1395ww) to hospitals (including rehabilita- lie on the table; as follows: Airport; tion hospitals and rehabilitation units under On page 77, line 23, insert after ‘‘security,’’ (5) Newark International Airport was the such subsection (j))— the following: ‘‘$651,000 shall be for reim- busiest airport in the New York Metropoli- (A) in Columbia, Lackawanna, Luzerne, bursement of the Robert Wood Johnson Hos- tan Area in 2001, with more than 30,000,000 Wyoming, and Lycoming Counties, Pennsyl- pital in Hamilton, New Jersey for expenses passengers arriving at or departing from the vania, such counties are deemed to be lo- related to the testing and treatment of airport; cated in the Allentown-Bethlehem-Easton, United States Postal Workers who were ex- (6) Newark International Airport provides Pennsylvania Metropolitan Statistical Area; posed to the anthrax virus at the Hamilton substantial economic benefits to its region (B) in Mercer County, Pennsylvania, such Township Postal Facility in October of 2001.’’ including— county is deemed to be located in Youngs- (A) the direct employment of more than town-Warren, Ohio Metropolitan Statistical SA 3601. Mr. TORRICELLI (for him- 24,000 people at the airport; and Area; and (B) contributing $11,300,000,000 in economic self and Mr. CORZINE) submitted an (C) in Northumberland County, Pennsyl- activity to the New York-New Jersey Metro- vania, such county is deemed to be located in amendment intended to be proposed by politan Region, including $3,300,000,000 in him to the bill H.R. 4775, making sup- the Harrisburg-Lebanon-Carlisle, Pennsyl- wages for some 100,000 jobs derived from air- vania Metropolitan Statistical Area. plemental appropriations for the fiscal port activity; and (2) RULES.—The reclassifications made year ending September 30, 2002, and for (7) the Administrator of the Federal Avia- under paragraph (1) with respect to a sub- other purposes; which was ordered to tion Administration should act section (d) hospital shall be treated as a de- lie on the table; as follows: expeditiously— cision of the Medicare Geographic Classifica- On page 51, between lines 14 and 15, insert (A) to determine the number of the air tion Review Board under paragraph (10) of the following: traffic controllers needed at Newark Inter- section 1886(d) of the Social Security Act (42 national Airport to ensure— U.S.C. 1395ww(d)). INDEPENDENT AGENCY (i) safe travel for passengers; and (3) LIMITATION ON APPLICATION DURING FIS- NUCLEAR REGULATORY COMMISSION (ii) the continued smooth operation of the CAL YEAR 2002.—With respect to fiscal year Funds made available under the heading airport; and 2002, this subsection shall apply only to dis- ‘‘NUCLEAR REGULATORY COMMISSION’’ under (B) to ensure that the number of air traffic charges occurring on and after July 1, 2002. the heading ‘‘INDEPENDENT AGENCY’’ in chap- controllers described in paragraph (A) are in (b) IMPLEMENTATION OF PROVISIONS.—The ter 5 of division B of the Department of De- place at the Newark International Airport. Secretary of Health and Human Services fense and Emergency Supplemental Appro- shall implement the provisions of subsection priations for Recovery from and Response to SA 3604. Mr. HOLLINGS submitted (a) by program memorandum. In imple- Terrorist Attacks on the United States Act, an amendment intended to be proposed menting such provisions, the Secretary shall

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.084 pfrm04 PsN: S05PT2 S5070 CONGRESSIONAL RECORD — SENATE June 5, 2002 recalculate new standardized amounts, grams, art, music, and recreation programs, of the Balanced Budget and Emergency Def- weighting factors, rates, and wage indices by technology education programs, and char- icit Control Act of 1985, as amended. July 1, 2002, in a manner that assures overall acter education programs, that are designed budget neutrality. to reinforce and complement the regular SA 3610. Mr. DOMENICI (for himself academic program of participating students. and Mr. BINGAMAN) submitted an SA 3607. Mr. BUNNING submitted an (b) FUNDING FOR SUMMER SCHOOL PRO- amendment intended to be proposed by amendment intended to be proposed by GRAMS.— him to the bill H.R. 4775, making sup- (1) IN GENERAL.—That, in addition to him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal plemental appropriations for the fiscal amounts otherwise available to carry out section 4205(a) of the Elementary and Sec- year ending September 30, 2002, and for year ending September 30, 2002, and for ondary Education Act of 1965 (20 U.S.C. other purposes; which was ordered to other purposes; which was ordered to 7175(a)), $150,000,000 shall be available to lie on the table; as follows: lie on the table; as follows: carry out activities described in section On page 51, line 22, strike ‘‘$30,000,000’’, and On page 111, after line 2 insert the fol- 4205(a) of the Elementary and Secondary replace it in lieu thereof ‘‘$34,000,000’’. lowing: Education Act of 1965 (20 U.S.C. 7175(a)) dur- At the appropriate place, insert the fol- STATE AND TRIBAL ASSISTANCE GRANTS ing the 2002 summer recess period. lowing: The referenced statement of the managers (2) AWARDING OF GRANTS.— SEC. . For an additional amount for the under this heading in Public Law 106–377 is (A) IN GENERAL.—Notwithstanding section Department of the Interior, Bureau of Rec- deemed to be amended by striking every- 4202 of the Elementary and Secondary Edu- lamation, ‘‘WATER AND RELATED RESOURCES’’ thing after ‘‘$1,000,000’’ in reference to item cation Act of 1965 (20 U.S.C. 7172), the Sec- for emergency expenses related to compli- 91 and inserting ‘‘to the Northern Kentucky retary of Education shall award grants with ance with activities required in the existing Area Development District for Carroll Coun- funds made available under paragraph (1) on biological opinion on the Rio Grande in New ty Wastewater Infrastructure Project a competitive basis to eligible entities serv- Mexico, $4,000,000, to remain available until ($500,000), City of Owenton Water Collection ing communities whose local educational expended: Provided, That using the funds ap- and Treatment System Improvements and agencies are not able to meet fully the com- propriated herein, the Commissioner of the Freshwater Intake Project ($400,000), Grant munities’ need for summer school programs. Bureau of Reclamation shall lease the use of County Williamstown Lake Expansion Study (B) PRIORITY.—In awarding grants under up to 38,000 acre feet of emergency water for ($50,000), and Pendleton County subparagraph (A), the Secretary of Edu- the Rio Grande in New Mexico, in compli- Williamstown Lake Expansion Study cation shall give priority to an eligible enti- ance with the existing biological opinion. ($50,000)’’. ty that is a local educational agency or who serves a community whose local educational SA 3611. Mr. THOMPSON (for himself SA 3608. Mr. KENNEDY (for himself, agency— and Mr. FRIST) submitted an amend- (i) serves high concentrations or numbers Mr. SMITH of Oregon, Mrs. BOXER, Mr. ment intended to be proposed by him of low-income children; DODD, Mr. REID, Mrs. MURRAY, Mr. to the bill H.R. 4775, making supple- (ii) before June 6, 2002, announced that the DURBIN, and Mr. REED) proposed an local educational agency is canceling or re- mental appropriations for the fiscal amendment to the bill H.R. 4775, mak- ducing summer school services in 2002; or year ending September 30, 2002, and for ing supplemental appropriations for (iii) is located in a State whose State edu- other purposes; which was ordered to the fiscal year ending September 30, cational agency, before June 6, 2002, an- lie on the table; as follows: 2002, and for other purposes; as follows: nounced that the State educational agency On page 86, between lines 2 and 3, insert On page 89, between lines 3 and 4, insert is canceling or reducing summer school fund- the following: the following: ing for 2002. ‘‘(5) the provision specifying $835,000 for (3) APPLICATION AND OBLIGATION.— SEC. 807. EMERGENCY SUMMER SCHOOL FUND- the Benjamin L. Hooks Institute for Social ING. (A) APPLICATION.—Notwithstanding sec- Change shall be deemed to read as follows: tions 4203 and 4204 of the Elementary and (a) FINDINGS; PURPOSE.— ‘The Benjamin L. Hooks Institute for Social Secondary Education Act of 1965 (20 U.S.C. (1) FINDINGS.—Congress finds the following: Change in Memphis, Tennessee for an endow- (A) Under the amendments made by the No 7173 and 7174), an eligible entity that desires ment to pursue a broad programmatic agen- Child Left Behind Act of 2001, students and a grant under this section shall submit an da that emphasizes the continued impor- schools rightly are held accountable for application to the Secretary of Education at tance of the Civil Rights Movement and en- meeting challenging State academic content such time and in such manner as the Sec- courages academic research and community and student academic achievement stand- retary of Education may require. outreach, $835,000’.’’. ards in mathematics, reading or language (B) OBLIGATION.—Not later than 4 weeks arts, and science. after the date of enactment of this section, SA 3612. Ms. COLLINS (for herself, (B) Summer programs and activities sup- the Secretary of Education shall obligate Mr. NELSON of Nebraska, Mr. SMITH of ported under the 21st Century Community funds made available under this section. Oregon, Mr. HUTCHINSON, and Mr. MUR- (4) DEFINITION OF ELIGIBLE ENTITY.—In this Learning Centers program are critical to KOWSKI) submitted an amendment in- section, the term ‘‘eligible entity’’ has the providing supplemental academic services tended to be proposed by her to the bill and academic enrichment activities designed meaning given the term in section 4201 of the Elementary and Secondary Education Act of H.R. 4775, making supplemental appro- to help students meet local and State aca- priations for the fiscal year ending demic standards. 1965 (20 U.S.C. 7171). September 30, 2002, and for other pur- (C) Summer programs and activities sup- SA 3609. Mr. DOMENICI (for himself ported under the 21st Century Community poses; which was ordered to lie on the Learning Centers program help children and and Mr. BINGAMAN) submitted an table; as follows: the children’s families in the areas of youth amendment intended to be proposed by On page 89, between lines 3 and 4, insert development, drug and violence prevention, him to the bill H.R. 4775, making sup- the following: and character education. plemental appropriations for the fiscal SEC. 807. (a) TEMPORARY INCREASE OF MED- (D) During the summer of 2002, school dis- year ending September 30, 2002, and for ICAID FMAP.— tricts throughout the Nation will confront other purposes; which was ordered to (1) PERMITTING MAINTENANCE OF FISCAL more than $150,000,000 in cuts to summer lie on the table; as follows: YEAR 2001 FMAP FOR LAST 2 CALENDAR QUAR- school programs, eliminating services and At the appropriate place, insert the fol- TERS OF FISCAL YEAR 2002.—Notwithstanding academic support to more than 150,000 strug- lowing: any other provision of law, but subject to gling children. SEC. . For an additional amount for the paragraph (5), if the FMAP determined with- (2) PURPOSE.—The purpose of this section Department of the Interior, Bureau of Rec- out regard to this subsection for a State for is to provide opportunities for communities lamation, ‘‘WATER AND RELATED RESOURCES’’ fiscal year 2002 is less than the FMAP as so to provide summertime activities in commu- for emergency expenses related to compli- determined for fiscal year 2001, the FMAP for nity learning centers that— ance with activities required in the existing the State for fiscal year 2001 shall be sub- (A) provide opportunities for academic en- biological opinion on the Rio Grande in New stituted for the State’s FMAP for the third richment, including providing tutorial serv- Mexico, $4,000,000, to remain available until and fourth calendar quarters of fiscal year ices to help students, particularly students expended: Provided, That using the funds ap- 2002, before the application of this sub- who attend low-performing schools, to meet propriated herein, the Commissioner of the section. State and local student academic achieve- Bureau of Reclamation shall lease the use of (2) PERMITTING MAINTENANCE OF FISCAL ment standards in core academic subjects, up to 38,000 acre feet of emergency water for YEAR 2002 FMAP FOR FISCAL YEAR 2003.—Not- such as reading and mathematics; and the Rio Grande in New Mexico, in compli- withstanding any other provision of law, but (B) offer students an array of additional ance with the existing biological opinion: subject to paragraph (5), if the FMAP deter- services, programs, and activities, such as Provided further, That the entire amount is mined without regard to this subsection for youth development activities, drug and vio- designated by the Congress as an emergency a State for fiscal year 2003 is less than the lence prevention programs, counseling pro- requirement pursuant to section 251(b)(2)(A) FMAP as so determined for fiscal year 2002,

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.093 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5071 the FMAP for the State for fiscal year 2002 States of amounts provided under this sec- her to the bill H.R. 4775, making sup- shall be substituted for the State’s FMAP for tion. plemental appropriations for the fiscal each calendar quarter of fiscal year 2003, be- ‘‘(b) ALLOTMENT.—Funds appropriated year ending September 30, 2002, and for under subsection (a) shall be allotted by the fore the application of this subsection. other purposes; which was ordered to (3) GENERAL 1 PERCENTAGE POINT INCREASE Secretary among the States in accordance FOR LAST 2 CALENDAR QUARTERS OF FISCAL with the following table: lie on the table; as follows: YEAR 2002 AND FISCAL YEAR 2003.—Notwith- On page 37, between lines 2 and 3, insert standing any other provision of law, but sub- the following: ject to paragraphs (5) and (6), for each State ‘‘State Allotment (in dollars) SEC. 307. The Secretary of Defense shall for the third and fourth calendar quarters of transfer to the Secretary of the Interior, Alabama $48,732,000 from amounts appropriated by this chapter fiscal year 2002 and each calendar quarter of Alaska $12,715,000 fiscal year 2003, the FMAP (taking into ac- Amer. Samoa $126,000 for operation and maintenance, Defense- count the application of paragraphs (1) and Arizona $67,139,000 wide, $4,000,000, to support the conversion of (2)) shall be increased by 1 percentage point. Arkansas $36,666,000 the Naval Security Group, Winter Harbor California $459,264,000 (4) INCREASE IN CAP ON MEDICAID PAYMENTS (the naval base on Schoodic Peninsula), Colorado $40,650,000 TO TERRITORIES.—Notwithstanding any other Maine, to utilization as a research and edu- Connecticut $61,497,000 cation center for Acadia National Park, provision of law, but subject to paragraph Delaware $11,920,000 (6), with respect to the third and fourth cal- District of Columbia $17,700,000 Maine, including the preparation of a plan endar quarters of fiscal year 2002 and each Florida $185,836,000 for the reutilization of the naval base for calendar quarter of fiscal year 2003, the Georgia $98,525,000 such purpose that will benefit communities amounts otherwise determined for Puerto Guam $193,000 in the vicinity of the naval base and visitors Hawaii $13,378,000 to Acadia National Park and will stimulate Rico, the Virgin Islands, Guam, the Northern Idaho $15,587,000 Mariana Islands, and American Samoa under Illinois $156,504,000 important research and educational activi- subsections (f) and (g) of section 1108 of the Indiana $76,215,000 ties. Social Security Act (42 U.S.C. 1308) shall Iowa $38,784,000 each be increased by an amount equal to 2 Kansas $31,843,000 SA 3614. Mr. WYDEN (for himself, Kentucky $65,707,000 Mr. SMITH of Oregon, and Mrs. MUR- percent of such amounts. Louisiana $75,795,000 (5) SCOPE OF APPLICATION.—The increases Maine $27,392,000 RAY) submitted an amendment in- in the FMAP for a State under this sub- Maryland $65,445,000 tended to be proposed by him to the section shall apply only for purposes of title Massachusetts $155,344,000 bill H.R. 4775, making supplemental ap- XIX of the Social Security Act and shall not Michigan $133,966,000 propriations for the fiscal year ending apply with respect to— Minnesota $83,144,000 Mississippi $48,596,000 September 30, 2002, and for other pur- (A) disproportionate share hospital pay- Missouri $102,266,000 poses; which was ordered to lie on the ments described in section 1923 of such Act Montana $11,590,000 (42 U.S.C. 1396r–4); or Nebraska $24,095,000 table; as follows: (B) payments under titles IV and XXI of Nevada $14,595,000 At the appropriate place, insert the fol- such Act (42 U.S.C. 601 et seq. and 1397aa et New Hampshire $15,423,000 lowing new section: New Jersey $126,921,000 SEC. . FISHING CAPACITY REDUCTION PRO- seq.). New Mexico $32,476,000 GRAM FOR THE PACIFIC COAST (6) STATE ELIGIBILITY.— New York $693,453,000 GROUNDFISH FISHERY. (A) IN GENERAL.—A State is eligible for an North Carolina $127,427,000 increase in its FMAP under paragraph (3) or North Dakota $8,382,000 In addition to amounts appropriated or an increase in a cap amount under paragraph N. Mariana Islands $71,000 otherwise made available by this Act, there (4) only if the eligibility under its State plan Ohio $171,776,000 are appropriated to the Secretary of Com- under title XIX of the Social Security Act Oklahoma $45,262,000 merce $500,000 to be made available until ex- Oregon $49,868,000 (including any waiver under such title or pended for the cost of direct loans, not to ex- Pennsylvania $231,978,000 ceed $50,000,000, as authorized by section 1111 under section 1115 of such Act (42 U.S.C. Puerto Rico $11,702,000 1315)) is no more restrictive than the eligi- Rhode Island $24,185,000 of Merchant Marine Act, 1936 (46 U.S.C. 1279f) bility under such plan (or waiver) as in effect South Carolina $57,178,000 to carry out a fishing capacity reduction on January 1, 2002. South Dakota $9,177,000 program for the Pacific Coast groundfish Tennessee $119,003,000 (B) RULE OF CONSTRUCTION.—Nothing in fishery under section 312(b) of the Magnuson- Texas $232,167,000 subparagraph (A) shall be construed as af- Stevens Fishery Conservation and Manage- Utah $18,074,000 ment Act (16 U.S.C. 1861a(b)). fecting a State’s flexibility with respect to Vermont $11,545,000 benefits offered under the State medicaid Virgin Islands $189,000 program under title XIX of the Social Secu- Virginia $63,699,000 SA 3615. Mr. DASCHLE submitted an rity Act (42 U.S.C. 1396 et seq.) (including Washington $96,068,000 amendment intended to be proposed by any waiver under such title or under section West Virginia $29,260,000 him to the bill H.R. 4775, making sup- Wisconsin $68,664,000 plemental appropriations for the fiscal 1115 of such Act (42 U.S.C. 1315)). Wyoming $5,123,000 (7) DEFINITIONS.—In this subsection: year ending September 30, 2002, and for (A) FMAP.—The term ‘‘FMAP’’ means the Total $4,430,280,000 other purposes; which was ordered to Federal medical assistance percentage, as lie on the table; as follows: defined in section 1905(b) of the Social Secu- ‘‘(c) USE OF FUNDS.—Funds appropriated On page 71, at the end of line 23, strike the rity Act (42 U.S.C. 1396d(b)). under this section may be used by a State for ‘‘.’’ and insert the following: ‘‘: Provided, (B) STATE.—The term ‘‘State’’ has the services directed at the goals set forth in That the Secretary of Agriculture shall draft meaning given such term for purposes of section 2001, subject to the requirements of and submit to Congress legislation imple- title XIX of the Social Security Act (42 this title. menting the agreement recently reached be- U.S.C. 1396 et seq.). ‘‘(d) PAYMENT TO STATES.—Not later than 30 days after amounts are appropriated under tween the interested parties, including the (8) REPEAL.—Effective as of October 1, 2003, Department of Justice and the Department this subsection is repealed. subsection (a), in addition to any payment made under section 2002 or 2007, the Sec- of Agriculture, regarding management of the (b) ADDITIONAL TEMPORARY STATE FISCAL retary shall make a lump sum payment to a Black Hills National Forest which shall in- RELIEF.— State of the total amount of the allotment clude actions for protection of resources and (1) IN GENERAL.—Title XX of the Social Se- for the State as specified in subsection (b). communities from fire.’’ curity Act (42 U.S.C. 1397–1397f) is amended ‘‘(e) DEFINITION.—For purposes of this sec- by adding at the end the following: tion, the term ‘State’ means the 50 States, SA 3616. Mr. BYRD submitted an ‘‘SEC. 2008. ADDITIONAL TEMPORARY GRANTS the District of Columbia, and the territories amendment intended to be proposed by FOR STATE FISCAL RELIEF. contained in the list under subsection (b).’’. him to the bill H.R. 4775, making sup- ‘‘(a) IN GENERAL.—For the purpose of pro- (2) REPEAL.—Effective as of January 1, plemental appropriations for the fiscal viding State fiscal relief allotments to 2005, section 2008 of the Social Security Act, States under this section, there are hereby as added by paragraph (1), is repealed. year ending September 30, 2002, and for appropriated, out of any funds in the Treas- (c) EMERGENCY DESIGNATION.—The entire other purposes; which was ordered to ury not otherwise appropriated, $4,430,280,000. amount necessary to carry out this section lie on the table; as follows: Such funds shall be available for obligation is designated by Congress as an emergency On page 7, after line 12, insert the fol- by the State through June 30, 2004, and for requirement pursuant to section 251(b)(2)(A) lowing: expenditure by the State through September of the Balanced Budget and Emergency Def- SEC. . SENSE OF THE SENATE ON COMPENSA- 30, 2004. This section constitutes budget au- icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). TION TO PRODUCERS OF POULTRY thority in advance of appropriations Acts AFFECTED BY AVIAN INFLUENZA. and represents the obligation of the Federal SA 3613. Ms. COLLINS submitted an It is the Sense of the Senate that the Sec- Government to provide for the payment to amendment intended to be proposed by retary of Agriculture act expeditiously to

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.095 pfrm04 PsN: S05PT2 S5072 CONGRESSIONAL RECORD — SENATE June 5, 2002 provide compensation through the Com- tions, as promulgated by the Secretary of (1) use 30 percent of such milk for direct modity Credit Corporation to producers of Health and Human Services in the final rule distribution— poultry that have been affected by outbreaks dated November 24, 1998 (63 Fed. Reg. 66632 (A) through programs that address mother- of avian influenza in Virginia, West Virginia, (December 2, 1998)), or the amendments made to-child transmission of HIV to boost nutri- and other states which have resulted in the in that final rule to sections 312.23, 312.47, tion in hospitals, clinics, schools, and home destruction of poultry flocks in order to con- 312.82, 314.50, and 314.81 of that title, requir- health care and related programs and activi- tain this disease. ing manufacturers of drugs and biological ties; products to assess the safety and effective- (B) to households and institutions in com- SA 3617. Mr. REED submitted an ness of new drugs and biological products in munities heavily affected by HIV/AIDS, par- amendment intended to be proposed by pediatric patients. ticularly for HIV/AIDS activities related to him to the bill H.R. 4775, making sup- the needs of HIV/AIDS orphaned children; plemental appropriations for the fiscal SA 3622. Ms. LANDRIEU submitted and year ending September 30, 2002, and for an amendment intended to be proposed (C) through school feeding programs in af- by her to the bill H.R. 4775, making fected school systems and communities; and other purposes; which was ordered to (2) monetize the remaining 70 percent of lie on the table; as follows: supplemental appropriations for the fiscal year ending September 30, 2002, such milk and use such funds for— On page 111, line 5, strike ‘‘$100,000,000’’ and and for other purposes; which was or- (A) programs to increase the nutritional insert ‘‘$102,500,000, of which $2,500,000 shall status of HIV-positive mothers through be made available for infrastructure security dered to lie on the table; as follows: home care, clinics, hospitals, and commu- improvements to be carried out by the Provi- At the end of chapter 2 of title I, add the nity programs; dence Water Supply Board in Providence, following: (B) programs to create and restore sustain- Rhode Island’’. SEC. 210. (a) APPROPRIATION FOR GULF able livelihoods for HIV-positive mothers, STATES INITIATIVE.—(1) There is hereby ap- children, and others directly affected SA 3618. Mr. REED submitted an propriated $12,000,000 for the Gulf States Ini- through the loss of family incomes due to amendment intended to be proposed by tiative. HIV/AIDS; and (2) The amount appropriated by paragraph him to the bill H.R. 4775, making sup- (C) programs that fund school nutrition ac- (1) is in addition to any other amounts ap- tivities that are targeted to communities plemental appropriations for the fiscal propriated by this Act for the Gulf States year ending September 30, 2002, and for that are adversely affected by HIV/AIDS in Initiative. order to assist, educate, and provide nutri- other purposes; which was ordered to (b) AVAILABILITY FOR COUNTER-DRUG AND tion to HIV/AIDS orphans, children, and lie on the table; as follows: COUNTER-TERRORISM OPERATIONS.—Of the families adversely affected by HIV/AIDS. amount appropriated by this Act for the Gulf On page 111, between lines 9 and 10, insert (c) LIMITATION.—None of the commodities States Initiative, as increased (if at all) by the following: or funds made available under this section subsection (a), $12,000,000 shall be available For an additional amount for infrastruc- shall be used to provide or promote dairy under that Initiative for counter-drug and ture security improvements to be carried out products as a substitute for breast feeding. by the Providence Water Supply Board in counter-terrorism operations. (c) OFFSET.—The amount appropriated by (d) APPROPRIATIONS.—In addition to other Providence, Rhode Island, $2,500,000. chapter 6 of title I under the heading ‘‘FOR- amounts appropriated or made available under this section— SA 3619. Mr. REED submitted an EIGN MILITARY FINANCING PROGRAM’’ is hereby reduced by $12,000,000. (1) $10,000,000 shall be made available for amendment intended to be proposed by fiscal years 2002 and 2003, to be used for him to the bill H.R. 4775, making sup- SA 3623. Mr. WELLSTONE submitted ocean and inland transportation and related plemental appropriations for the fiscal an amendment intended to be proposed activities necessary to carry out this sec- year ending September 30, 2002, and for by him to the bill H.R. 4775, making tion; other purposes; which was ordered to (2) $3,000,000 shall be made available for fis- supplemental appropriations for the cal years 2002 and 2003, to be used for ac- lie on the table; as follows: fiscal year ending September 30, 2002, counting, monitoring, and evaluation ex- On page 77, line 14, strike ‘‘$315,333,000’’ and and for other purposes; which was or- penses incurred by the Secretary of Agri- insert ‘‘$318,333,000, of which $3,000,000 shall dered to lie on the table; as follows: culture in carrying out this section; and be available for the redesign and expansion At the appropriate place, insert the fol- (3) $5,000,000 shall be made available for fis- of the emergency department at Rhode Is- lowing: cal years 2002 and 2003, to be used for ex- land Hospital in Providence, Rhode Island’’. SEC. ll. Notwithstanding section 2602(e) penses incurred by private and voluntary or- of the Omnibus Budget Reconciliation Act of ganizations and cooperatives related to mar- SA 3620. Mr. REED submitted an 1981 (42 U.S.C. 8621(e), the $300,000,000 in fund- ket assessments, project design, fortifica- amendment intended to be proposed by ing for the Low-Income Home Energy Assist- tion, distribution, and other project ex- him to the bill H.R. 4775, making sup- ance program provided by the Supplemental penses. plemental appropriations for the fiscal Appropriations Act, 2001 (Public Law 107–20), year ending September 30, 2002, and for shall be distributed as provided for by sec- SA 3625. Mr. COCHRAN submitted an other purposes; which was ordered to tion 2604(a) of the Omnibus Budget Rec- amendment intended to be postponed lie on the table; as follows: onciliation Act of 1981 (42 U.S.C. 8623(a)) by him to the bill H.R. 4775, making upon the date of enactment of this Act. In chapter 3 of title I under the heading supplemental appropriations for the ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL- SA 3624. Mr. WELLSTONE submitted fiscal year ending September 30, 2002, UATION, NAVY’’, insert before ‘‘That’’ the fol- an amendment intended to be proposed and for other purposes; which was or- lowing: ‘‘That of the funds appropriated by by him to the bill H.R. 4775, making dered to lie on the table; as follows: this paragraph, $5,000,000 shall be available At the appropriate place in the bill insert for a high speed vessel demonstration project supplemental appropriations for the the following: to test American-made vessels as part of the fiscal year ending September 30, 2002, SEC. . Of the funds made available under Joint Venture HSV—XI experimentation se- and for other purposes; which was or- the heading ‘‘Courts of Appeals, District ries of the Naval Warfare Development Com- dered to lie on the table; as follows: Courts, and Other Judicial Services, Sala- mand: Provided further,’’. At the appropriate place, insert the fol- ries, and Expenses’’ in title III of Public Law lowing: SA 3621. Mr. REED submitted an 107–77, $1,000,000 shall be transferred to, and SEC. ll. AVAILABILITY OF NON-FAT DRY MILK. merged with, funds available for ‘‘Repairs amendment intended to be proposed by (a) IN GENERAL.—Pursuant to section 416(b) and Alterations’’ under the heading ‘‘General him to the bill H.R. 4775, making sup- of the Agricultural Act of 1949 (7 U.S.C. Services Administration: Real Property Ac- plemental appropriations for the fiscal 1431(b)), the Secretary of Agriculture shall tivities, Federal Buildings Fund, Limita- year ending September 30, 2002, and for make available, for fiscal years 2002 and 2003, tions on Availability of Revenue’’ in title IV other purposes; which was ordered to a total of 100,000 metric tons of non-fat dry of Public Law 107–67, to be available only for lie on the table; as follows: milk to private voluntary organizations and the repair and alteration of the space des- cooperatives to assist in mitigating the ef- ignated for use by the U.S. Marshals Service On page 89, between lines 3 and 4, insert fects of the Human Immunodeficiency Virus in Natchez, Mississippi. the following: and Acquired Immune Deficiency Syndrome SEC. 8 . PEDIATRIC LABELING. (referred to in this section as ‘‘HIV/AIDS’’) SA 3626. Mr. BOND (for himself and No funds made available under this Act or on heavily impacted communities. URBIN any other Act for fiscal year 2003 shall be (b) USE OF AVAILABLE MILK.—Of the Mr. D ) submitted an amendment used to terminate or suspend implementa- amount of non-fat dry milk made available intended to be proposed by him to the tion of sections 201.23, 314.55, 601.27, and for each fiscal year under subsection (a), the bill H.R. 4775, making supplemental ap- 601.37 of title 21, Code of Federal Regula- Secretary shall— propriations for the fiscal year ending

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.099 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5073 September 30, 2002, and for other pur- for crop disasters, but for income loss to shall be taken into account for the taxable poses; which was ordered to lie on the carry out the purposes of this section. year of the sale, and table; as follows: SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. ‘‘(B) any loss arising from such sale shall (a) MANDATORY FUNDING.—The Secretary be taken into account for the taxable year of On page 48, line 19, strike ‘‘$10,000,000’’ and the sale to the extent otherwise provided by all that follows through line 6 on page 49 and shall use $500,000,000 of the funds of the Com- modity Credit Corporation to make and ad- this title, except that section 1091 shall not insert in lieu thereof the following: apply to any such loss. ‘‘$22,200,000, to remain available until ex- minister payments for livestock losses to pended: Provided, That using funds appro- producers for 2001 losses in a county that has Proper adjustment shall be made in the priated herein, the Secretary of the Army, received an emergency designation by the amount of any gain or loss subsequently re- acting through the Chief of Engineers is di- President or the Secretary after January 1, alized for gain or loss taken into account rected to repair, restore and clean-up Corp’s 2001, of which $12,000,000 shall be made avail- under the preceding sentence. projects and facilities and dredge navigation able for the American Indian livestock pro- ‘‘(3) EXCLUSION FOR CERTAIN GAIN.—The channels, restore and clean out area streams, gram under section 806 of the Agriculture, amount which would (but for this paragraph) provide emergency streambank protection, Rural Development, Food and Drug Adminis- be includible in the gross income of any indi- restore other crucial public infrastructure tration, and Related Agencies Appropria- vidual by reason of this section shall be re- (including sewer and water facilities), docu- tions Act, 2001 (Public Law 106–387; 114 Stat. duced (but not below zero) by $600,000. For ment flood impacts and undertake other 1549A–51). purposes of this paragraph, allocable expa- flood recovery efforts deemed necessary and (b) ADMINISTRATION.—The Secretary shall triation gain taken into account under sub- advisable by the Chief of Engineers due to make assistance available under this section section (f)(2) shall be treated in the same the May 2002 flooding in eastern Kentucky, in the same manner as provided under sec- manner as an amount required to be includ- Illinois, Missouri, southwestern Virginia, tion 806 of the Agriculture, Rural Develop- ible in gross income. and southern West Virginia: Provided, That ment, Food and Drug Administration, and ‘‘(4) COST-OF-LIVING-ADJUSTMENT.— the $22,200,000 is designated by the Congress Related Agencies Appropriations Act, 2001 ‘‘(A) IN GENERAL.—In the case of an expa- as an Emergency requirement under section (Public Law 105–277; 114 Stat. 1549A–51). triation date occurring in any calendar year 251(b)(2)(A) of the Balanced Budget and SEC. ll03. COMMODITY CREDIT CORPORATION. after 2002, the $600,000 amount under para- Emergency Deficit Control Act of 1985 (2 The Secretary shall use the funds, facili- graph (3) shall be increased by an amount U.S.C. 901(b)(2)(A)).’’. ties, and authorities of the Commodity Cred- equal to— it Corporation to carry out this subtitle. ‘‘(i) such dollar amount, multiplied by SA 3627. Mr. BYRD (for himself and SEC. ll04. ADMINISTRATIVE EXPENSES. ‘‘(ii) the cost-of-living adjustment deter- mined under section 1(f)(3) for such calendar Mr. STEVENS) submitted an amendment (a) IN GENERAL.—In addition to funds oth- year, determined by substituting ‘calendar intended to be proposed by him to the erwise available, not later than 30 days after the date of enactment of this Act, out of any year 2001’ for ‘calendar year 1992’ in subpara- bill H.R. 4775, making supplemental ap- graph (B) thereof. propriations for the fiscal year ending funds in the Treasury not otherwise appro- priated, the Secretary of the Treasury shall ‘‘(B) ROUNDING RULES.—If any amount after September 30, 2002, and for other pur- transfer to the Secretary of Agriculture to adjustment under subparagraph (A) is not a poses; which was ordered to lie on the pay the salaries and expenses of the Depart- multiple of $1,000, such amount shall be table; as follows: ment of Agriculture in carrying out this sub- rounded to the next lower multiple of $1,000. At the appropriate place, insert the fol- title $50,000,000, to remain available until ex- ‘‘(b) ELECTION TO DEFER TAX.— lowing: pended. ‘‘(1) IN GENERAL.—If the taxpayer elects the On page 48, line 19, strike ‘‘$10,000,000’’ and (b) RECEIPT AND ACCEPTANCE.—The Sec- application of this subsection with respect to insert in lieu thereof ‘‘$32,000,000’’. retary shall be entitled to receive, shall ac- any property treated as sold by reason of On page 49, line 4, strike ‘‘the May 2002’’. cept, and shall use to carry out this section subsection (a), the payment of the additional On page 49, line 5, strike ‘‘and’’ and insert the funds transferred under subsection (a), tax attributable to such property shall be in lieu thereof ‘‘,’’. without further appropriation. postponed until the due date of the return for the taxable year in which such property On page 49, line 6, before the ‘‘.’’, insert ‘‘, SEC. ll05. REGULATIONS. is disposed of (or, in the case of property dis- Western Illinois, Eastern Missouri, and the (a) IN GENERAL.—The Secretary may pro- posed of in a transaction in which gain is not Upper Peninsula of Michigan’’. mulgate such regulations as are necessary to recognized in whole or in part, until such implement this subtitle. other date as the Secretary may prescribe). SA 3628. Mr. BAUCUS (for himself, (b) PROCEDURE.—The promulgation of the ‘‘(2) DETERMINATION OF TAX WITH RESPECT Mr. BURNS, and Mr. BINGAMAN) sub- regulations and administration of this sub- TO PROPERTY.—For purposes of paragraph (1), mitted an amendment intended to be title shall be made without regard to— the additional tax attributable to any prop- (1) the notice and comment provisions of proposed by him to the bill H.R. 4775, erty is an amount which bears the same section 553 of title 5, United States Code; making supplemental appropriations ratio to the additional tax imposed by this (2) the Statement of Policy of the Sec- for the fiscal year ending September 30, chapter for the taxable year solely by reason retary of Agriculture effective July 24, 1971 2002, and for other purposes; which was of subsection (a) as the gain taken into ac- (36 Fed. Reg. 13804), relating to notices of count under subsection (a) with respect to ordered to lie on the table, as follows: proposed rulemaking and public participa- such property bears to the total gain taken On page 116, between lines 8 and 9, insert tion in rulemaking; and into account under subsection (a) with re- the following: (3) chapter 35 of title 44, United States spect to all property to which subsection (a) ll Code (commonly known as the ‘‘Paperwork TITLE —EMERGENCY AGRICULTURAL applies. ASSISTANCE Reduction Act’’). ‘‘(3) TERMINATION OF POSTPONEMENT.—No (c) CONGRESSIONAL REVIEW OF AGENCY Subtitle A—Assistance tax may be postponed under this subsection RULEMAKING.—In carrying out this section, SEC. ll01. INCOME LOSS ASSISTANCE. later than the due date for the return of tax the Secretary shall use the authority pro- imposed by this chapter for the taxable year (a) MANDATORY FUNDING.—The Secretary of vided under section 808 of title 5, United which includes the date of death of the expa- Agriculture (referred to in this subtitle as States Code. the ‘‘Secretary’’) shall use $1,800,000,000 of triate (or, if earlier, the time that the secu- funds of the Commodity Credit Corporation Subtitle B—Offsets rity provided with respect to the property to make emergency financial assistance SEC. ll11. REVISION OF TAX RULES ON EXPA- fails to meet the requirements of paragraph available to producers on a farm that have TRIATION. (4), unless the taxpayer corrects such failure incurred qualifying income losses in cal- (a) IN GENERAL.—Subpart A of part II of within the time specified by the Secretary). endar year 2001, including losses due to army subchapter N of chapter 1 is amended by in- ‘‘(4) SECURITY.— worms. serting after section 877 the following new ‘‘(A) IN GENERAL.—No election may be (b) ADMINISTRATION.—The Secretary shall section: made under paragraph (1) with respect to make assistance available under this section ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- any property unless adequate security is pro- in the same manner as provided under sec- TION. vided to the Secretary with respect to such tion 815 of the Agriculture, Rural Develop- ‘‘(a) GENERAL RULES.—For purposes of this property. ment, Food and Drug Administration, and subtitle— ‘‘(B) ADEQUATE SECURITY.—For purposes of Related Agencies Appropriations Act, 2001 ‘‘(1) MARK TO MARKET.—Except as provided subparagraph (A), security with respect to (Public Law 106–387; 114 Stat. 1549A–55), in- in subsection (f), all property of a covered any property shall be treated as adequate se- cluding using the same loss thresholds for expatriate to whom this section applies shall curity if— the quantity and economic losses as were be treated as sold on the day before the expa- ‘‘(i) it is a bond in an amount equal to the used in administering that section. triation date for its fair market value. deferred tax amount under paragraph (2)(A) (c) USE OF FUNDS FOR CASH PAYMENTS.— ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the for the property, or The Secretary may use funds made available case of any sale under paragraph (1)— ‘‘(ii) the taxpayer otherwise establishes to under this section to make, in a manner con- ‘‘(A) notwithstanding any other provision the satisfaction of the Secretary that the se- sistent with this section, cash payments not of this title, any gain arising from such sale curity is adequate.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.124 pfrm04 PsN: S05PT2 S5074 CONGRESSIONAL RECORD — SENATE June 5, 2002

‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- ‘‘(ii) commences to be treated as a resident ‘‘(B) AMOUNT OF TAX.—The amount of tax tion may be made under paragraph (1) unless of a foreign country under the provisions of under subparagraph (A)(ii) shall be equal to the taxpayer consents to the waiver of any a tax treaty between the United States and the lesser of— right under any treaty of the United States the foreign country and who does not waive ‘‘(i) the highest rate of tax imposed by sec- which would preclude assessment or collec- the benefits of such treaty applicable to resi- tion 1(e) for the taxable year which includes tion of any tax imposed by reason of this sec- dents of the foreign country. the day before the expatriation date, multi- tion. ‘‘(2) EXPATRIATION DATE.—The term ‘expa- plied by the amount of the distribution, or ‘‘(6) ELECTIONS.—An election under para- triation date’ means— ‘‘(ii) the balance in the deferred tax ac- graph (1) shall only apply to property de- ‘‘(A) the date an individual relinquishes count immediately before the distribution scribed in the election and, once made, is ir- United States citizenship, or determined without regard to any increases revocable. An election may be made under ‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day paragraph (1) with respect to an interest in a the United States, the date of the event de- preceding the distribution. trust with respect to which gain is required scribed in clause (i) or (ii) of paragraph ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes to be recognized under subsection (f)(1). (1)(B). of subparagraph (B)(ii)— ‘‘(7) INTEREST.—For purposes of section ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- 6601— citizen shall be treated as relinquishing ance in a deferred tax account with respect ‘‘(A) the last date for the payment of tax United States citizenship on the earliest of— to any trust interest is an amount equal to shall be determined without regard to the ‘‘(A) the date the individual renounces the tax which would have been imposed on election under this subsection, and such individual’s United States nationality the allocable expatriation gain with respect ‘‘(B) section 6621(a)(2) shall be applied by before a diplomatic or consular officer of the to the trust interest if such gain had been in- substituting ‘5 percentage points’ for ‘3 per- United States pursuant to paragraph (5) of cluded in gross income under subsection (a). centage points’ in subparagraph (B) thereof. section 349(a) of the Immigration and Na- ‘‘(ii) INCREASE FOR INTEREST.—The balance ‘‘(c) COVERED EXPATRIATE.—For purposes tionality Act (8 U.S.C. 1481(a)(5)), in the deferred tax account shall be in- of this section— ‘‘(B) the date the individual furnishes to creased by the amount of interest deter- ‘‘(1) IN GENERAL.—Except as provided in the United States Department of State a mined (on the balance in the account at the paragraph (2), the term ‘covered expatriate’ signed statement of voluntary relinquish- time the interest accrues), for periods after means an expatriate. ment of United States nationality con- the 90th day after the expatriation date, by ‘‘(2) EXCEPTIONS.—An individual shall not firming the performance of an act of expa- using the rates and method applicable under be treated as a covered expatriate if— triation specified in paragraph (1), (2), (3), or section 6621 for underpayments of tax for ‘‘(A) the individual— (4) of section 349(a) of the Immigration and such periods, except that section 6621(a)(2) ‘‘(i) became at birth a citizen of the United Nationality Act (8 U.S.C. 1481(a)(1)–(4)), shall be applied by substituting ‘5 percentage States and a citizen of another country and, ‘‘(C) the date the United States Depart- points’ for ‘3 percentage points’ in subpara- as of the expatriation date, continues to be a ment of State issues to the individual a cer- graph (B) thereof. citizen of, and is taxed as a resident of, such tificate of loss of nationality, or ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY other country, and ‘‘(D) the date a court of the United States PAID.—The balance in the tax deferred ac- ‘‘(ii) has not been a resident of the United cancels a naturalized citizen’s certificate of count shall be reduced— States (as defined in section 7701(b)(1)(A)(ii)) naturalization. ‘‘(I) by the amount of taxes imposed by during the 5 taxable years ending with the subparagraph (A) on any distribution to the taxable year during which the expatriation Subparagraph (A) or (B) shall not apply to person holding the trust interest, and date occurs, or any individual unless the renunciation or ‘‘(II) in the case of a person holding a non- ‘‘(B)(i) the individual’s relinquishment of voluntary relinquishment is subsequently vested interest, to the extent provided in United States citizenship occurs before such approved by the issuance to the individual of regulations, by the amount of taxes imposed a certificate of loss of nationality by the individual attains age 181⁄2, and by subparagraph (A) on distributions from ‘‘(ii) the individual has been a resident of United States Department of State. the trust with respect to nonvested interests the United States (as so defined) for not ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- not held by such person. more than 5 taxable years before the date of term resident’ has the meaning given to such ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For relinquishment. term by section 877(e)(2). purposes of this paragraph, the allocable ex- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- ‘‘(d) SECTION NOT TO APPLY TO CERTAIN patriation gain with respect to any bene- FICIARIES’ INTERESTS IN TRUST.— PROPERTY.—This section shall not apply to ficiary’s interest in a trust is the amount of the following: ‘‘(1) IN GENERAL.—Except as provided in gain which would be allocable to such bene- paragraph (2), if an individual is determined ‘‘(1) UNITED STATES REAL PROPERTY INTER- ficiary’s vested and nonvested interests in under paragraph (3) to hold an interest in a ESTS.—Any United States real property in- the trust if the beneficiary held directly all terest (as defined in section 897(c)(1)), other trust on the day before the expatriation assets allocable to such interests. than stock of a United States real property date— ‘‘(E) TAX DEDUCTED AND WITHHELD.— holding corporation which does not, on the ‘‘(A) the individual shall not be treated as ‘‘(i) IN GENERAL.—The tax imposed by sub- day before the expatriation date, meet the having sold such interest, paragraph (A)(ii) shall be deducted and with- requirements of section 897(c)(2). ‘‘(B) such interest shall be treated as a sep- held by the trustees from the distribution to arate share in the trust, and ‘‘(2) INTEREST IN CERTAIN RETIREMENT which it relates. ‘‘(C)(i) such separate share shall be treated PLANS.— ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE as a separate trust consisting of the assets ‘‘(A) IN GENERAL.—Any interest in a quali- TREATY RIGHTS.—If an amount may not be fied retirement plan (as defined in section allocable to such share, deducted and withheld under clause (i) by 4974(c)), other than any interest attributable ‘‘(ii) the separate trust shall be treated as reason of the distributee failing to waive any to contributions which are in excess of any having sold its assets on the day before the treaty right with respect to such limitation or which violate any condition for expatriation date for their fair market value distribution— tax-favored treatment. and as having distributed all of its assets to ‘‘(I) the tax imposed by subparagraph the individual as of such time, and ‘‘(B) FOREIGN PENSION PLANS.— (A)(ii) shall be imposed on the trust and each ‘‘(iii) the individual shall be treated as ‘‘(i) IN GENERAL.—Under regulations pre- trustee shall be personally liable for the scribed by the Secretary, interests in foreign having recontributed the assets to the sepa- amount of such tax, and pension plans or similar retirement arrange- rate trust. ‘‘(II) any other beneficiary of the trust ments or programs. Subsection (a)(2) shall apply to any income, shall be entitled to recover from the dis- ‘‘(ii) LIMITATION.—The value of property gain, or loss of the individual arising from a tributee the amount of such tax imposed on which is treated as not sold by reason of this distribution described in subparagraph the other beneficiary. subparagraph shall not exceed $500,000. (C)(ii). In determining the amount of such ‘‘(F) DISPOSITION.—If a trust ceases to be a ‘‘(3) SPECIFIED PROPERTY.—Any property or distribution, proper adjustments shall be qualified trust at any time, a covered expa- interest in property not described in para- made for liabilities of the trust allocable to triate disposes of an interest in a qualified graph (1) or (2) which the Secretary specifies an individual’s share in the trust. trust, or a covered expatriate holding an in- in regulations. ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- terest in a qualified trust dies, then, in lieu ‘‘(e) DEFINITIONS.—For purposes of this FIED TRUSTS.— of the tax imposed by subparagraph (A)(ii), section— ‘‘(A) IN GENERAL.—If the trust interest de- there is hereby imposed a tax equal to the ‘‘(1) EXPATRIATE.—The term ‘expatriate’ scribed in paragraph (1) is an interest in a lesser of— means— qualified trust— ‘‘(i) the tax determined under paragraph (1) ‘‘(A) any United States citizen who relin- ‘‘(i) paragraph (1) and subsection (a) shall as if the day before the expatriation date quishes citizenship, and not apply, and were the date of such cessation, disposition, ‘‘(B) any long-term resident of the United ‘‘(ii) in addition to any other tax imposed or death, whichever is applicable, or States who— by this title, there is hereby imposed on each ‘‘(ii) the balance in the tax deferred ac- ‘‘(i) ceases to be a lawful permanent resi- distribution with respect to such interest a count immediately before such date. dent of the United States (within the mean- tax in the amount determined under sub- Such tax shall be imposed on the trust and ing of section 7701(b)(6)), or paragraph (B). each trustee shall be personally liable for the

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.102 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5075 amount of such tax and any other bene- hereby imposed a tax equal to the product Attorney General, after consultation with ficiary of the trust shall be entitled to re- of— the Secretary of the Treasury, not to be in cover from the covered expatriate or the es- ‘‘(1) the highest rate of tax specified in the compliance with sections 877A and 2801 of tate the amount of such tax imposed on the table contained in section 2001(c) as in effect such Code (relating to expatriation).’’ other beneficiary. on the date of such receipt, and (2) AVAILABILITY OF INFORMATION.— ‘‘(G) DEFINITIONS AND SPECIAL RULE.—For ‘‘(2) the value of such covered gift or be- (A) IN GENERAL.—Section 6103(i) (relating purposes of this paragraph— quest. to disclosure to Federal officers or employ- ‘‘(i) QUALIFIED TRUST.—The term ‘qualified ‘‘(b) TAX TO BE PAID BY RECIPIENT.—The ees for administration of Federal laws not trust’ means a trust which is described in tax imposed by subsection (a) on any covered relating to tax administration) is amended section 7701(a)(30)(E). gift or bequest shall be paid by the person re- by adding at the end the following new para- ‘‘(ii) VESTED INTEREST.—The term ‘vested ceiving such gift or bequest. graph: interest’ means any interest which, as of the ‘‘(c) EXCEPTION FOR CERTAIN GIFTS.—Sub- ‘‘(8) DISCLOSURE TO DENY VISA OR ADMISSION day before the expatriation date, is vested in section (a) shall apply only to the extent TO CERTAIN EXPATRIATES.—Except as pro- the beneficiary. that the covered gifts and bequests received vided in paragraph (6), upon written request ‘‘(iii) NONVESTED INTEREST.—The term during the calendar year exceed the amount of the Attorney General, the return of an in- ‘nonvested interest’ means, with respect to determined under section 2503(b)(2). dividual or return information with respect any beneficiary, any interest in a trust ‘‘(d) TAX REDUCED BY FOREIGN GIFT OR ES- to such individual shall be open to inspection which is not a vested interest. Such interest TATE TAX.—The tax imposed by subsection by, or disclosure to, officers and employees shall be determined by assuming the max- (a) on any covered gift or bequest shall be re- of the Federal agency responsible for making imum exercise of discretion in favor of the duced by the amount of any gift or estate a determination under section 212(a)(10)(E) of beneficiary and the occurrence of all contin- tax paid to a foreign country with respect to the Immigration and Nationality Act for the gencies in favor of the beneficiary. such covered gift or bequest. purpose of, and to the extent necessary in, ‘‘(iv) ADJUSTMENTS.—The Secretary may ‘‘(e) COVERED GIFT OR BEQUEST.— making such determination with respect to provide for such adjustments to the bases of ‘‘(1) IN GENERAL.—For purposes of this such individual.’’ assets in a trust or a deferred tax account, chapter, the term ‘covered gift or bequest’ (B) CONFORMING AMENDMENT.—Section and the timing of such adjustments, in order means— 6103(i)(6) (relating to confidential inform- to ensure that gain is taxed only once. ‘‘(A) any property acquired by gift directly ants; impairment of investigations) is ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- or indirectly from an individual who, at the amended by striking ‘‘(5), or (7)’’ and insert- TEREST IN TRUST.— time of such acquisition, was a covered expa- ing ‘‘(5), (7), or (8)’’. ‘‘(A) DETERMINATIONS UNDER PARAGRAPH triate, and (3) EFFECTIVE DATE.—The amendments (1).—For purposes of paragraph (1), a bene- ‘‘(B) any property acquired by bequest, de- made by this subsection shall apply to indi- ficiary’s interest in a trust shall be based vise, or inheritance directly or indirectly viduals who relinquish United States citizen- upon all relevant facts and circumstances, from an individual who, at the time of death, ship on or after the date of the enactment of including the terms of the trust instrument was a covered expatriate. this Act. and any letter of wishes or similar docu- ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE (e) CONFORMING AMENDMENTS.— ment, historical patterns of trust distribu- SUBJECT TO ESTATE OR GIFT TAX.—Such term (1) Section 877 is amended by adding at the tions, and the existence of and functions per- shall not include— end the following new subsection: formed by a trust protector or any similar ‘‘(A) any property shown on a timely filed ‘‘(g) APPLICATION.—This section shall not adviser. return of tax imposed by chapter 12 which is apply to an expatriate (as defined in section ‘‘(B) OTHER DETERMINATIONS.—For purposes a taxable gift by the covered expatriate, and 877A(e)) whose expatriation date (as so de- of this section— ‘‘(B) any property shown on a timely filed fined) occurs on or after the date of first pas- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- return of tax imposed by chapter 11 of the es- sage by the Senate of legislation adding sec- ficiary of a trust is a corporation, partner- tate of the covered expatriate. tion 877A to this title.’’ ship, trust, or estate, the shareholders, part- ‘‘(3) TRANSFERS IN TRUST.—Any covered (2) Section 2107 is amended by adding at ners, or beneficiaries shall be deemed to be gift or bequest which is made in trust shall the end the following new subsection: the trust beneficiaries for purposes of this be treated as made to the beneficiaries of ‘‘(f) APPLICATION.—This section shall not section. such trust in proportion to their respective apply to any expatriate to whom section ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- interests in such trust (as determined under 877A applies.’’ payer shall clearly indicate on its income section 877A(f)(3)). (3) Section 2501(a)(3) is amended by adding tax return— ‘‘(f) COVERED EXPATRIATE.—For purposes of at the end the following new subparagraph: ‘‘(I) the methodology used to determine this section, the term ‘covered expatriate’ ‘‘(F) APPLICATION.—This paragraph shall that taxpayer’s trust interest under this sec- has the meaning given to such term by sec- not apply to any expatriate to whom section tion, and tion 877A(c).’’ 877A applies.’’ ‘‘(II) if the taxpayer knows (or has reason (2) CLERICAL AMENDMENT.—The table of (4)(A) Paragraph (1) of section 6039G(d) is to know) that any other beneficiary of such chapters for subtitle B is amended by insert- amended by inserting ‘‘or 877A’’ after ‘‘sec- trust is using a different methodology to de- ing after the item relating to chapter 14 the tion 877’’. termine such beneficiary’s trust interest following new item: (B) The second sentence of section 6039G(e) under this section. ‘‘Chapter 15. Gifts and bequests from expatri- is amended by inserting ‘‘or who relinquishes ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In ates.’’ United States citizenship (within the mean- the case of any covered expatriate, notwith- ing of section 877A(e)(3))’’ after ‘‘877(a))’’. (c) DEFINITION OF TERMINATION OF UNITED standing any other provision of this title— (C) Section 6039G(f) is amended by insert- STATES CITIZENSHIP.—Section 7701(a) is ‘‘(1) any period during which recognition of ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. amended by adding at the end the following (f) CLERICAL AMENDMENT.—The table of income or gain is deferred shall terminate on new paragraph: the day before the expatriation date, and sections for subpart A of part II of sub- ‘‘(48) TERMINATION OF UNITED STATES CITI- ‘‘(2) any extension of time for payment of chapter N of chapter 1 of such Code is ZENSHIP.— tax shall cease to apply on the day before the amended by inserting after the item relating ‘‘(A) IN GENERAL.—An individual shall not to section 877 the following new item: expatriation date and the unpaid portion of cease to be treated as a United States citizen such tax shall be due and payable at the time before the date on which the individual’s ‘‘Sec. 877A. Tax responsibilities of expatria- and in the manner prescribed by the Sec- citizenship is treated as relinquished under tion.’’ retary. section 877A(e)(3). (g) EFFECTIVE DATE.— ‘‘(h) REGULATIONS.—The Secretary shall ‘‘(B) DUAL CITIZENS.—Under regulations (1) IN GENERAL.—Except as provided in this prescribe such regulations as may be nec- prescribed by the Secretary, subparagraph subsection, the amendments made by this essary or appropriate to carry out the pur- (A) shall not apply to an individual who be- section shall apply to expatriates (within the poses of this section.’’ came at birth a citizen of the United States meaning of section 877A(e) of the Internal (b) TAX ON GIFTS AND BEQUESTS RECEIVED and a citizen of another country.’’ Revenue Code of 1986, as added by this sec- BY UNITED STATES CITIZENS AND RESIDENTS (d) INELIGIBILITY FOR VISA OR ADMISSION TO tion) whose expatriation date (as so defined) FROM EXPATRIATES.— UNITED STATES.— occurs on or after the date of the first pas- (1) IN GENERAL.—Subtitle B (relating to es- (1) IN GENERAL.—Section 212(a)(10)(E) of the sage by the Senate of this section. tate and gift taxes) is amended by inserting Immigration and Nationality Act (8 U.S.C. (2) GIFTS AND BEQUESTS.—Chapter 15 of the after chapter 14 the following new chapter: 1182(a)(10)(E)) is amended to read as follows: Internal Revenue Code of 1986 (as added by ‘‘CHAPTER 15—GIFTS AND BEQUESTS ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE subsection (b)) shall apply to covered gifts FROM EXPATRIATES WITH EXPATRIATION REVENUE PROVISIONS.— and bequests (as defined in section 2801 of ‘‘Sec. 2801. Imposition of tax. Any alien who is a former citizen of the such Code, as so added) received on or after ‘‘SEC. 2801. IMPOSITION OF TAX. United States who relinquishes United the date of the first passage by the Senate of ‘‘(a) IN GENERAL.—If, during any calendar States citizenship (within the meaning of this section from an individual or the estate year, any United States citizen or resident section 877A(e)(3) of the Internal Revenue of an individual whose expatriation date (as receives any covered gift or bequest, there is Code of 1986) and who is determined by the so defined) occurs on or after such date.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.102 pfrm04 PsN: S05PT2 S5076 CONGRESSIONAL RECORD — SENATE June 5, 2002

SEC. ll12. REVIEW OF STATE AGENCY BLIND- SEC. 210. (a) Subject to subsection (b), the On page 20, beginning with line 18, strike NESS AND DISABILITY DETERMINA- Attorney General shall, out of appropria- through line 2 on page 21. TIONS. tions available to the Department of Justice Section 1633 of the Social Security Act (42 made in Public Law 107–77, transfer to, and SA 3634. Mr. MCCAIN submitted an U.S.C. 1383b) is amended by adding at the end merge with, the appropriations account for amendment intended to be proposed by the following: the Immigration and Naturalization Service him to the bill H.R. 4775, making sup- ‘‘(e)(1) The Commissioner of Social Secu- entitled ‘‘Salaries and Expenses’’ the fol- rity shall review determinations, made by plemental appropriations for the fiscal lowing amounts for the following purposes: year ending September 30, 2002, and for State agencies pursuant to subsection (a) in (1) $4,900,000 to cover an increase in pay for connection with applications for benefits all Border Patrol agents who have completed other purposes; which was ordered to under this title on the basis of blindness or at least one year’s service and are receiving lie on the table; as follows: disability, that individuals who have at- an annual rate of basic pay for positions at On page 25, beginning with line 12, strike tained 18 years of age are blind or disabled as GS–9 of the General Schedule under section through line 4 on page 26. of a specified onset date. The Commissioner 5332 of title 5, United States Code, from the of Social Security shall review such a deter- annual rate of basic pay payable for posi- SA 3635. Mr. MCCAIN submitted an mination before any action is taken to im- tions at GS–9 of the General Schedule under amendment intended to be proposed by plement the determination. such section 5332, to an annual rate of basic him to the bill H.R. 4775, making sup- ‘‘(2)(A) In carrying out paragraph (1), the pay payable for positions at GS–11 of the plemental appropriations for the fiscal Commissioner of Social Security shall General Schedule under such section 5332; review— year ending September 30, 2002, and for and other purposes; which was ordered to ‘‘(i) at least 25 percent of all determina- (2) $3,800,000 to cover an increase in pay for tions referred to in paragraph (1) that are all immigration inspectors who have com- lie on the table; as follows: made in fiscal year 2003; and pleted at least one year’s service and are re- On page 25, strike lines 1 through 11. ‘‘(ii) at least 50 percent of all such deter- ceiving an annual rate of basic pay for posi- minations that are made in fiscal year 2004 tions at GS–9 of the General Schedule under SA 3636. Mr. MCCAIN submitted an or thereafter. section 5332 of title 5, United States Code, amendment intended to be proposed by ‘‘(B) In carrying out subparagraph (A), the from the annual rate of basic pay payable for him to the bill H.R. 4775, making sup- Commissioner of Social Security shall, to positions at GS–9 of the General Schedule plemental appropriations for the fiscal the extent feasible, select for review the de- under such section 5332, to an annual rate of terminations which the Commissioner of So- year ending September 30, 2002, and for basic pay payable for positions at GS–11 of other purposes; which was ordered to cial Security identifies as being the most the General Schedule under such section likely to be incorrect.’’. 5332. lie on the table; as follows: (b) Funds tranferred under subsection (a) On page 15, beginning in line 1, strike SA 3629. Ms. LANDRIEU (for herself shall be available for obligation and expendi- ‘‘$3,000,000 is to enhance the National Water and Mr. BREAUX) submitted an amend- ture only in accordance with the procedures Level Observation Network and’’. ment intended to be proposed by her to applicable to reprogramming notifications the bill H.R. 4775, making supplemental set forth in section 605 of the Departments of SA 3637. Mr. MCCAIN submitted an appropriations for the fiscal year end- Commerce, Justice, and State, the Judiciary, amendment intended to be proposed by ing September 30, 2002, and for other and Related Agencies Appropriations Act, him to the bill H.R. 4775, making sup- purposes; which was ordered to lie on 2002 (Public Law 107–77; 115 Stat. 798). plemental appropriations for the fiscal (c) Not later than September 30, 2002, the year ending September 30, 2002, and for the table; as follows: Justice Management Division of the Depart- On page 48, between lines 16 and 17, insert ment of Justice shall submit a report to the other purposes; which was ordered to the following: Committees on Appropriations of the Senate lie on the table; as follows: CONSTRUCTION, GENERAL and the House of Representatives describing On page 86, beginning with line 24, strike For an additional amount for ‘‘Construc- the progress made in the development of the through line 8 on page 87. tion, General’’, $15,408,000, which shall be Chimera system. used to carry out flood control projects in (d) No funds available to the Immigration SA 3638. Mr. MCCAIN submitted an southeast Louisiana: Provided, That the en- and Naturalization Service for technology amendment intended to be proposed by tire amount made available under this head- activities in the fiscal year 2003 may be obli- him to the bill H.R. 4775, making sup- ing is designated by Congress as an emer- gated or expended unless the program man- plemental appropriations for the fiscal gency requirement under section 251(b)(2)(A) ager of the Chimera system approves the ob- year ending September 30, 2002, and for of the Balanced Budget and Emergency Def- ligation or expenditure of those funds and so reports to the Attorney General. other purposes; which was ordered to icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). lie on the table; as follows: Mr. KYL (for himself and SA 3630. Ms. LANDRIEU (for herself SA 3632. On page 87, beginning with line 22, strike Mrs. FEINSTEIN) submitted an amend- through line 4 on page 88. and Mr. BREAUX) submitted an amend- ment intended to be proposed by him ment intended to be proposed by her to SA 3639. Mr. MCCAIN submitted an the bill H.R. 4775, making supplemental to the bill H.R. 4775, making supple- mental appropriations for the fiscal amendment intended to be proposed by appropriations for the fiscal year end- him to the bill H.R. 4775, making sup- ing September 30, 2002, and for other year ending September 30, 2002, and for other purposes; which was ordered to plemental appropriations for the fiscal purposes; which was ordered to lie on year ending September 30, 2002, and for the table; as follows: lie on the table; as follows: On page 14, line 19, before the period insert other purposes; which was ordered to On page 49, between lines 18 and 19, insert the following: ‘‘: Provided, That of the lie on the table; as follows: the following: amount appropriated under this heading, On page 52, beginning with line 10, strike For an additional amount for ‘‘Operation $500,000 shall be for the Center for Identifica- through line 22 on page 54. and Maintenance, General’’, $14,000,000, tion Technology Research at the West Vir- which shall be used for the Mississippi River, ginia University for the purpose of devel- SA 3640. Mr. MCCAIN submitted an Baton Rouge to the Gulf of Mexico, Lou- oping interoperability standards and an ap- amendment intended to be proposed by isiana: Provided, That the $14,000,000 is des- plication profile for technology neutral, ignated by Congress as an emergency re- him to the bill H.R. 4775, making sup- portable, and data independent biometrics, quirement under section 251(b)(2)(A) of the plemental appropriations for the fiscal in accordance with section 403(c)(2) of The Balanced Budget and Emergency Deficit year ending September 30, 2002, and for USA PATRIOT Act (Public Law 107–56) and Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). sections 201(c)(5) and 202(a)(4)(B) and title III other purposes; which was ordered to lie on the table; as follows: Mr. KYL (for himself and of the Enhanced Border Security and Visa SA 3631. Reform Act (Public Law 107–173), and the On page 77, beginning with line 15 strike Mrs. FEINSTEIN) submitted an amend- amendments made by those provisions’’. through line 10 on page 78. ment intended to be proposed by him to the bill H.R. 4775, making supple- SA 3633. Mr. MCCAIN submitted an SA 3641. Mr. MCCAIN submitted an mental appropriations for the fiscal amendment intended to be proposed by amendment intended to be proposed by year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- him to the bill H.R. 4775, making sup- other purposes; which was ordered to plemental appropriations for the fiscal plemental appropriations for the fiscal lie on the table; as follows: year ending September 30, 2002, and for year ending September 30, 2002, and for On page 26, between lines 4 and 5, insert other purposes; which was ordered to other purposes; which was ordered to the following: lie on the table; as follows: lie on the table; as follows:

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.102 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5077 On page 114, beginning with line 24, strike year ending September 30, 2002, and for (1) by inserting ‘‘(i) IN GENERAL.—’’ before through line 8 on page 116. other purposes; which was ordered to ‘‘The Secretary’’, and adjusting the margin lie on the table; as follows: two ems to the right; Mr. MCCAIN submitted an (2) by striking ‘‘The Secretary’’ and insert- SA 3642. On page 113, strike lines 11 through 17. amendment intended to be proposed by ing ‘‘Subject to clause (ii), the Secretary’’; him to the bill H.R. 4775, making sup- SA 3650. Mr. MCCAIN submitted an and plemental appropriations for the fiscal amendment intended to be proposed by (3) by adding at the end the following new clause: year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- ‘‘(ii) FLOOR ON AREA WAGE ADJUSTMENT FAC- other purposes; which was ordered to plemental appropriations for the fiscal TOR.—Notwithstanding clause (i), in deter- lie on the table; as follows: year ending September 30, 2002, and for mining payments under this subsection for On page 71, beginning in line 8, strike ‘‘cit- other purposes; which was ordered to discharges occurring on or after October 1, ies, and of which $6,776,000 is for data storage lie on the table; as follows: 2002, the Secretary shall substitute a factor infrastructure upgrades and emergency On page 57, beginning with ‘‘of’’ in line 13, of .925 for any factor that would otherwise power supply system improvements at the strike through ‘‘That’’ in line 17. apply under such clause that is less than .925. Earth Resources Observations Systems Data Nothing in this clause shall be construed as Center:’’ and insert ‘‘cities:’’. SA 3651. Mr. MCCAIN submitted an authorizing— amendment intended to be proposed by ‘‘(I) the application of the last sentence of SA 3643. Mr. MCCAIN submitted an him to the bill H.R. 4775, making sup- clause (i) to any substitution made pursuant amendment intended to be proposed by plemental appropriations for the fiscal to this clause, or him to the bill H.R. 4775, making sup- year ending September 30, 2002, and for ‘‘(II) the application of the preceding sen- tence of this clause to adjustments for area plemental appropriations for the fiscal other purposes; which was ordered to year ending September 30, 2002, and for wage levels made under other payment sys- lie on the table; as follows: tems established under this title (other than other purposes; which was ordered to On page 55, line 2, strike ‘‘Santa Fe, New the payment system under section 1833(t)) to lie on the table; as follows: Mexico’’ and insert ‘‘any State determined which the factors established under clause (i) On page 70, line 14, strike ‘‘$3,125,000,’’ and by the Secretary of the Interior to be af- apply.’’. insert ‘‘$2,360,000,’’. fected by the drought’’. (b) OUTPATIENT PPS.—Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) SA 3644. Mr. MCCAIN submitted an SA 3652. Mr. MCCAIN submitted an is amended by adding at the end the fol- amendment intended to be proposed by amendment intended to be proposed by lowing: ‘‘For purposes of subparagraph (D) him to the bill H.R. 4775, making sup- him to the bill H.R. 4775, making sup- for items and services furnished on or after plemental appropriations for the fiscal plemental appropriations for the fiscal October 1, 2002, if the factors established year ending September 30, 2002, and for under clause (i) of section 1886(d)(3)(E) are year ending September 30, 2002, and for used to adjust for relative differences in other purposes; which was ordered to other purposes; which was ordered to lie on the table; as follows: labor and labor-related costs under the pay- lie on the table; as follows: ment system established under this sub- On page 98, line 20, after ‘‘expenses’’ insert On page 11, strike lines 9 through 16. section, the provisions of clause (ii) of such ‘‘(as determined by the Secretary of Trans- section (relating to a floor on area wage ad- portation)’’. justment factor) shall apply to such factors, SA 3645. Mr. MCCAIN submitted an On page 98, line 23, strike ‘‘to repair’’ and amendment intended to be proposed by insert ‘‘for emergency repairs (as determined as used in this subsection, in the same man- him to the bill H.R. 4775, making sup- by the Secretary) to’’. ner and to the same extent (including plemental appropriations for the fiscal On page 98, line 24, strike ‘‘safety needs’’ waiving the applicability of the requirement year ending September 30, 2002, and for and insert ‘‘safety and security needs (as de- for such floor to be applied in a budget neu- tral manner) as they apply to factors under other purposes; which was ordered to termined by the Secretary)’’. On page 99, line 1, strike ‘‘heavy overhaul’’ section 1886.’’. lie on the table; as follows: and insert ‘‘emergency heavy overhaul (as On page 76, beginning with line 14, strike determined by the Secretary)’’. SA 3655. Mr. NICKLES submitted an through line 5 on page 77. amendment intended to be proposed by SA 3653. Mr. SESSIONS submitted an him to the bill H.R. 4775, making sup- SA 3646. Mr. MCCAIN submitted an amendment intended to be proposed by plemental appropriations for the fiscal amendment intended to be proposed by him to the bill H.R. 4775, making sup- year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal other purposes; which was ordered to plemental appropriations for the fiscal year ending September 30, 2002, and for lie on the table; as follows: year ending September 30, 2002, and for other purposes; which was ordered to On page 56, line 9, after the word assist- other purposes; which was ordered to lie on the table; as follows: ance, strike all through the word Gaza on lie on the table; as follows: On page 69, after line 23, add the following: line 12. On page 98, beginning with line 16, strike SEC. 605. Of the amounts appropriated to through line 2 on page 99. the President for the United States Agency SA 3656. Mr. MCCONNELL submitted for International Development (USAID) for an amendment intended to be proposed SA 3647. Mr. MCCAIN submitted an the fiscal year 2002 and made available for by him to the bill H.R. 4775, making amendment intended to be proposed by the Ocean Freight Reimbursement Program supplemental appropriations for the him to the bill H.R. 4775, making sup- of USAID, $300,000 shall be made available to fiscal year ending September 30, 2002, the National Forum Foundation to imple- and for other purposes; which was or- plemental appropriations for the fiscal ment the TRANSFORM Program to obtain year ending September 30, 2002, and for available space on commercial ships for the dered to lie on the table; as follows: other purposes; which was ordered to shipment of humanitarian assistance to Strike section 503 and insert the following: lie on the table; as follows: needy foreign countries. SEC. 503. Section 1 of Public Law 105–204 (112 Stat. 681) is amended— On page 102, line 11, strike ‘‘$59,000,000,’’ (1) in subsection (b), by striking ‘‘until the and insert ‘‘$57,000,000,’’. SA 3654. Mr. SESSIONS (for himself and Mr. HUTCHINSON) submitted an date’’ and all that follows and inserting ‘‘until the date that is 30 days after the date Mr. MCCAIN submitted an amendment intended to be proposed by SA 3648. on which the Secretary of Energy awards a amendment intended to be proposed by him to the bill H.R. 4775, making sup- contract under subsection (c), and no such him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal amounts shall be available for any purpose plemental appropriations for the fiscal year ending September 30, 2002, and for except to implement the contract.’’; and year ending September 30, 2002, and for other purposes; which was ordered to (2) by striking subsection (c) and inserting other purposes; which was ordered to lie on the table; as follows: the following: lie on the table; as follows: At the appropriate place, insert the fol- ‘‘(c) CONTRACTING REQUIREMENTS.— lowing: ‘‘(1) IN GENERAL.—Notwithstanding any On page 48, beginning with line 18, strike other provision of law (except section 1341 of through line 6 on page 49. SEC. ll. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER MEDICARE title 31, United States Code), the Secretary PPS FOR INPATIENT AND OUT- of Energy shall— C SA 3649. Mr. M CAIN submitted an PATIENT HOSPITAL SERVICES. ‘‘(A) not later than 10 days after the date amendment intended to be proposed by (a) INPATIENT PPS.—Section 1886(d)(3)(E) of of enactment of this paragraph, request him to the bill H.R. 4775, making sup- the Social Security Act (42 U.S.C. offerors whose proposals in response to Re- plemental appropriations for the fiscal 1395ww(d)(3)(E)) is amended— quest for Proposals No. DE–RP05–010R22717

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.128 pfrm04 PsN: S05PT2 S5078 CONGRESSIONAL RECORD — SENATE June 5, 2002 (‘Acquisition of Facilities and Services for 2108(a) of Public Law 107–20 is rescinded as of SA 3664. Ms. SNOWE (for herself, and Depleted Uranium Hexalfluoride (DUF6) Con- the date of the enactment of this Act. Ms. COLLINS) submitted an amendment version Project’) were included in the com- (b) APPROPRIATION.—There is appropriated intended to be proposed by her to the to the Secretary of Agriculture an amount petitive range as of January 15, 2002, to con- bill H.R. 4775, making supplemental ap- firm or reinstate the offers in accordance equal to the unobligated balance rescinded with this paragraph, with a deadline for by subsection (a) for expenses through fiscal propriations for the fiscal year ending offerors to deliver reinstatement or con- year 2003 under the Agricultural Trade De- September 30, 2002, and for other pur- firmation to the Secretary of Energy not velopment and Assistance Act of 1954, as poses; which was ordered to lie on the later than 20 days after the date of enact- amended (7 U.S.C. 1721–1726a) for commod- table; as follows: ment of this paragraph; and ities supplied in connection with dispositions On page 101, after line 23, add the fol- ‘‘(B) not later than 30 days after the date of abroad pursuant to title II of said Act. lowing: enactment of this paragraph, select for SEC. 10 . ELIGIBILITY OF CERTAIN PROJECTS award of a contract the best value of pro- SA 3658. Mr. HARKIN submitted an AND ACTIVITIES TO RECEIVE FUNDS posals confirmed or reinstated under sub- amendment intended to be proposed by FOR FISCAL YEAR 2002. paragraph (A), and award a contract for the him to the bill H.R. 4775, making sup- Notwithstanding any other provision of scope of work stated in the Request for Pro- plemental appropriations for the fiscal law, projects and activities designated on posals, including the design, construction, year ending September 30, 2002, and for pages 82 through 92 of House Report No. 107– and operation of— other purposes; which was ordered to 308 shall be eligible for fiscal year 2002 funds ‘‘(i) a facility described in subsection (a) on lie on the table; as follows: made available for the program for which the site of the gaseous diffusion plant at Pa- each project or activity is so designated. ducah, Kentucky; and On page 7 after line 12, insert the fol- ‘‘(ii) a facility described in subsection (a) lowing: SA 3665. Mr. STEVENS submitted an on the site of the gaseous diffusion plant at ‘‘SEC. . Section 416(b)(7)(D)(iv) of the Ag- ricultural Act of 1949 (7 U.S.C. amendment intended to be proposed by Portsmouth, Ohio. him to the bill H.R. 4775, making sup- ‘‘(2) CONTRACT TERMS.—Notwithstanding 1431(b)(7)(D)(iv)) is amended by striking any other provision of law (except section ‘‘subsection.’’ and inserting in lieu thereof plemental appropriations for the fiscal 1341 of title 31, United States Code) the Sec- the following: ‘subsection, or to otherwise year ending September 30, 2002, and for retary of Energy shall negotiate with the carry out the purposes of this subsection.’’’. other purposes; which was ordered to awardee to modify the contract awarded lie on the table; as follows: SA 3659. Mr. LEAHY submitted an under paragraph (1) to— Strike section 806 and inserting in lieu ‘‘(A) require, as a mandatory item, that amendment intended to be proposed by thereof the following new section: groundbreaking for construction occur not him to the bill H.R. 4775, making sup- SEC. 806. None of the funds provided by this later than July 31, 2004, and that construc- plemental appropriations for the fiscal or any other Act may be used to enforce the tion proceed expeditiously thereafter; year ending September 30, 2002, and for amendments made by section 166 of the Com- ‘‘(B) include as an item of performance the other purposes; which was ordered to munity Renewal Tax Relief Act of 2000 on transportation, conversion, and disposition lie on the table; as follows: the State of Alaska, including the imposi- of depleted uranium contained in cylinders tion of any penalties. located at the Oak Ridge K–25 uranium en- On page 27, line 18, after ‘‘Provided, That’’ insert ‘‘of the amount available under this richment facility located in the East Ten- SA 3666. Mr. STEVENS submitted an nessee Technology Park at Oak Ridge, Ten- paragraph, $2,200,000 shall be made available for the Army National Guard for information amendment intended to be proposed by nessee, consistent with environmental agree- him to the bill H.R. 4775, making sup- ments between the State of Tennessee and operations, information assurance oper- the Secretary of Energy; and ations, and training for such operations: Pro- plemental appropriations for the fiscal ‘‘(C) specify that the contractor shall not vided, further, That’’. year ending September 30, 2002, and for proceed to perform any part of the contract other purposes; which was ordered to unless sufficient funds have been appro- SA 3660. Mr. GRAMM submitted an lie on the table; as follows: amendment intended to be proposed by priated, in advance, specifically to pay for On page 89, at the end of line 3, add a new that part of the contract. him to the bill H.R. 4775, making sup- section as follows: ‘‘(3) CERTIFICATION OF GROUNDBREAKING.— plemental appropriations for the fiscal SEC. . In the statement of the managers of Not later than 5 days after the date of year ending September 30, 2002, and for the committee of conference accompanying groundbreaking for each facility, the Sec- other purposes; which was ordered to the fiscal year 2001 Labor, Health and Human retary of Energy shall submit to Congress a lie on the table; as follows: Services, and Education appropriations bill certification that groundbreaking has oc- On page 25, strike all from line 1 through (Public Law 106–554; House Report 106–1033), curred. line 11. the provision specifying $464,000 for the Beth- ‘‘(d) RIGHT OF ACTION FOR FAILURE TO COM- el Native Corporation worker demonstration PLY.—Any aggrieved person or entity may SA 3661. Mr. GRAMM submitted an project shall be deemed to read as follows: bring a civil action in United States district ‘‘for the Alaska CHAR vocational training court for an injunction compelling the Sec- amendment intended to be proposed by him to the bill H.R. 4775, making sup- program, $100,000 and $364,000 for the Yuut retary of Energy to comply with this sec- Elitnauvriat People’s Learning Center in tion. plemental appropriations for the fiscal Bethel, Alaska for vocational training for ‘‘(e) FUNDING.— year ending September 30, 2002, and for Alaska Natives’’. ‘‘(1) IN GENERAL.—For purposes of carrying other purposes; which was ordered to out this section, the Secretary of Energy may use any available appropriations, or any lie on the table; as follows: SA 3667. Mr. STEVENS submitted an nonappropriated funds (including the unex- On pages 86 and 87, strike sections 801 and amendment intended to be proposed by pended amounts of funds transferred to the 802. him to the bill H.R. 4775, making sup- Department of Energy under any memoranda plemental appropriations for the fiscal of agreement between the Secretary of En- SA 3662. Mr. GRAMM submitted an year ending September 30, 2002, and for ergy and the United States Enrichment Cor- amendment intended to be proposed by other purposes; which was ordered to poration relating to depleted uranium). him to the bill H.R. 4775, making sup- lie on the table; as follows: ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— plemental appropriations for the fiscal Amend Title II by adding a new section as There are authorized to be appropriated, in year ending September 30, 2002, and for follows: addition to any funds made available under other purposes; which was ordered to SEC. . In subsection (e)(4) of the Alaska paragraph (1), such sums as are necessary to lie on the table; as follows: Native Claims Settlement Act created by carry out this section.’’. On pages 114 through 116, strike section section 702 of P.L. 107–117. SA 3657. Mr. KOHL submitted an 1203. (a) paragraph (B) is amended by— amendment intended to be proposed by (1) striking ‘‘subsection (e)(2)’’ and insert- him to the bill H.R. 4775, making sup- SA 3663. Mr. GRAMM submitted an ing in lieu thereof ‘‘subsections (e)(1) of amendment intended to be proposed by (e)(2)’’; and plemental appropriations for the fiscal (2) striking ‘‘obligations under section 7 of year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal P.L. 87–305’’ and inserting in lieu thereof other purposes; which was ordered to ‘‘small or small disadvantaged business sub- lie on the table; as follows: year ending September 30, 2002, and for contracting goals under section 502 of P.L. On page 7 after line 12, insert the fol- other purposes; which was ordered to 100–656, provided that where lower tier sub- lowing: lie on the table; as follows: contractors exist, the entity shall designate SEC. . (a) RESCISSION.—The unobligated Strike from page 20, line 19 through page the appropriate contractor or contractors to balance of authority available under section 21, line 2. receive such credit’’; and

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.105 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5079 (b) paragraph (C) is amended by striking lection of publicly available personal infor- tion Service shall provide financial and tech- ‘‘subsection (e)(2)’’ and inserting ‘‘subsection mation on individuals from nations known nical assistance for projects in the Embarras (e)(1) or (e)(2)’’. to harbor or sponsor terrorists.’’. River Basin, Lake County Watersheds, and DuPage County, Illinois, from funds avail- SA 3668. Mr. STEVENS (for himself SA 3672. Mr. CLELAND submitted an able for the Watershed and Flood Prevention and Mr. CAMPBELL) submitted an amendment intended to be proposed by Operations program: Provided, That of funds amendment intended to be proposed by him to the bill H.R. 4775, making sup- made available in Public Law 107–76, him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal $3,750,000 shall be used to carry out this sec- plemental appropriations for the fiscal year ending September 30, 2002, and for tion.’’ year ending September 30, 2002, and for other purposes; which was ordered to SA 3675. Mrs. CLINTON (for herself other purposes; which was ordered to lie on the table; as follows: and Mr. SCHUMER) submitted an lie on the table; as follows: In chapter 5 of title I under the heading amendment intended to be proposed by At the appropriate place in the bill, add ‘‘DEFENSE ENVIRONMENTAL RESTORATION AND her to the bill H.R. 4775, making sup- WASTE MANAGEMENT’’, strike ‘‘$40,000,000: the following: plemental appropriations for the fiscal SEC. . Of the amount appropriated in Pub- Provided,’’ and insert ‘‘$67,000,000: Provided, lic Law 107–117 under the heading ‘‘OPER- that of the amount appropriated by this year ending September 30, 2002, and for ATION AND MAINTENANCE, ARMY’’, $4,000,000 paragraph $47,000,000 shall be available for other purposes; which was ordered to shall be available only for environmental activities at the Savannah River Site, Aiken, lie on the table; as follows: cleanup activities as the Jeep Demolition South Carolina: Provided further,’’. On page 7, between lines 12 and 13, insert Area on the Former Lowry Bombing and the following: Mr. REID (for himself and Gunnery Range, Aurora, Colorado. SA 3673. SEC. 2. INCOME LOSS ASSISTANCE. REGG Mr. G ) submitted an amendment (a) MANDATORY FUNDING.—The Secretary of SA 3669. Mr. KERRY (for himself and intended to be proposed by him to the Agriculture shall use $100,000,000 of funds of Mr. CLELAND) submitted an amend- bill H.R. 4775, making supplemental ap- the Commodity Credit Corporation to make ment intended to be proposed by him propriations for the fiscal year ending income loss assistance available to producers to the bill H.R. 4775, making supple- September 30, 2002, and for other pur- of labrusca grapes on a farm that have in- mental appropriations for the fiscal poses; which was ordered to lie on the curred qualifying income losses in calendar year ending September 30, 2002, and for table; as follows: years 2001 and 2002. (b) ADMINISTRATION.—The Secretary shall other purposes; which was ordered to At an appropriate place, insert the fol- lie on the table; as follows: make assistance available under this section lowing: in the same manner as provided under sec- SEC. . (a) Congress makes the following At the end of chapter 2 of title I, add the ll tion 815 of the Agriculture, Rural Develop- findings: following: ment, Food and Drug Administration, and (1) Electronic personal assistive mobility SEC. 210. Amounts appropriated by title V Related Agencies Appropriations Act, 2001 devices employ energy-efficient advanced of Public Law 107–77 under the heading ‘‘NA- (Public Law 106–387; 114 Stat. 1549A–55), in- technologies to fully and safely integrate TIONAL VETERANS BUSINESS DEVELOPMENT cluding using the same loss thresholds for users with pedestrian transportation. CORPORATION’’ (115 Stat. 795) shall remain the quantity and economic losses as were (2) The devices enable individuals to travel available until expended. used in administering that section. significant distances and carry significant (c) USE OF FUNDS FOR CASH PAYMENTS.— loads without use of traditional vehicles. SA 3670. Mr. REID (for himself and The Secretary may use funds made available (3) The devices promote gains in efficiency, Mr. KYL) submitted an amendment in- under this section to make, in a manner con- minimize adverse environmental impacts, tended to be proposed by him to the sistent with this section, cash payments not and facilitate improved use of the public bill H.R. 4775, making supplemental ap- for crop disasters, but for income loss to ways. carry out the purposes of this section. propriations for the fiscal year ending (4) Uniform Federal standards for the de- September 30, 2002, and for other pur- vices would avoid conflicting State and local Mr. LEAHY (for himself and poses; which was ordered to lie on the requirements and would, thereby, promote SA 3676. table; as follows: the use of the devices in interstate com- Mr. MCCONNELL) submitted an amend- At the appropriate place, insert the fol- merce. ment intended to be proposed by him lowing: (b) The Consumer Product Safety Act (15 to the bill H.R. 4775, making supple- SEC. . HOOVER DAM BYPASS BRIDGE. U.S.C. 2051 et seq.) is amended by adding at mental appropriations for the fiscal (a) IN GENERAL.—As soon as practicable the end the following: year ending September 30, 2002, and for after the date of enactment of this Act, the ‘‘ELECTRONIC PERSONAL ASSISTIVE MOBILITY other purposes; which was ordered to Secretary of Transportation shall enter into DEVICES lie on the table; as follows: an agreement with the State of Nevada, the ‘‘SEC. 38. (a) Notwithstanding any other On page 67, line 19, strike ‘‘established’’ State of Arizona, or both, to provide funding provision of law, an electronic personal as- and inert in lieu thereof ‘‘committed to sup- for construction of a Hoover Dam bypass sistive mobility device is a consumer prod- port’’. bridge under the Federal lands highways pro- uct for the purpose of this Act and is subject gram under chapter 2 of title 23, United to regulation by the Commission. SA 3677. Mr. LEAHY (for himself and States Code. ‘‘(b) For the purposes of this section, the Mr. MCCONNELL) submitted an amend- (b) METHODS OF FUNDING.—The agreement term ‘electronic personal assistive mobility entered into under subsection (a) shall pro- device’ means a self-balancing, nontandem- ment intended to be proposed by him vide for funding in accordance with— wheeled device that— to the bill H.R. 4775, making supple- (1) title 23, United States Code (including ‘‘(1) is powered solely by an electric motor mental appropriations for the fiscal subchapter II of chapter 1 of that title); and propulsion system; and year ending September 30, 2002, and for (2) section 350 of the National Highway ‘‘(2) has a maximum motor-powered speed other purposes; which was ordered to System Designation Act of 1995 (23 U.S.C. 101 that does not exceed 20 miles per hour. lie on the table; as follows: note; 109 Stat. 618). (c) Section 30102(6) of title 49, United On page 67, line 17, strike ‘‘inaugurated’’ States Code, is amended by inserting before and insert in lieu thereof ‘‘elected’’. SA 3671. Mr. REID (for himself and the period at the end the following: ‘‘or an Mr. INHOFE) submitted an amendment electronic personal assistive mobility device SA 3678. Mr. LEAHY (for himself and intended to be proposed by him to the (as defined in section 38 of the Consumer Mr. MCCONNELL) submitted an amend- bill H.R. 4775, making supplemental ap- Product Safety Act)’’. ment intended to be proposed by him propriations for the fiscal year ending to the bill H.R. 4775, making supple- September 30, 2002, and for other pur- SA 3674. Mr. DURBIN submitted an mental appropriations for the fiscal poses; which was ordered to lie on the amendment intended to be proposed by year ending September 30, 2002, and for table; as follows: him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal other purposes; which was ordered to On page 10, line 7, strike ‘‘$10,000,000’’ and lie on the table; as follows: all that follows through the period and in- year ending September 30, 2002, and for sert the following: ‘‘$20,000,000, to be derived other purposes; which was ordered to On page 67, line 15, strike ‘‘certify’’ and in- from amounts made available for this pur- lie on the table; as follows: sert in lieu thereof ‘‘report’’. pose in Public Law 107–77 and Public Law On page 7 after linen 12, insert the fol- 107–117: Provided further, That of the funds lowing: SA 3679. Mr. LEAHY (for himself and appropriated under this heading, $10,000,000 ‘‘SEC. . Notwithstanding any other provi- Mr. MCCONNELL) submitted an amend- shall be made available to accelerate the col- sion of law, the Natural Resources Conserva- ment intended to be proposed by him

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.117 pfrm04 PsN: S05PT2 S5080 CONGRESSIONAL RECORD — SENATE June 5, 2002 to the bill H.R. 4775, making supple- SA 3683. Mr. SCHUMER (for himself Subtitle C—Miscellaneous Provisions mental appropriations for the fiscal and Mrs. CLINTON) submitted an Sec. 221. Application and effect of changes year ending September 30, 2002, and for amendment intended to be proposed by in allocations and aggregates. other purposes; which was ordered to him to the bill H.R. 4775, making sup- Sec. 222. Exercise of rulemaking powers. lie on the table; as follows: plemental appropriations for the fiscal TITLE III—SENSE OF THE SENATE On page 68, line 12, after ‘‘or’’ insert year ending September 30, 2002, and for Sec. 301. Sense of the Senate regarding esti- ‘‘United States’’. other purposes; which was ordered to mates of the cost of small busi- lie on the table; as follows: ness credit programs. Sec. 302. Sense of the Senate regarding Fed- SA 3680. Mr. LEAHY (for himself and At the appropriate place, insert the fol- eral employee pay. Mr. MCCONNELL) submitted an amend- lowing: ment intended to be proposed by him Sec. 303. Sense of the Senate on mental SEC. . TREATMENT OF CERTAIN COUNTIES FOR health parity. to the bill H.R. 4775, making supple- PURPOSES OF REIMBURSEMENT UNDER THE MEDICARE PROGRAM. Sec. 304. Sense of the Senate on Medicaid mental appropriations for the fiscal Commission. (a) IN GENERAL.—Notwithstanding any year ending September 30, 2002, and for Sec. 305. Sense of the Senate regarding PILT other purposes; which was ordered to other provision of law, effective for dis- charges occurring on or after October 1, 2002, funding. lie on the table; as follows: and before October 1, 2005, for purposes of TITLE I—LEVELS AND AMOUNTS On page 68, line 6, strike ‘‘dedicated’’ and making payments under section 1886(d) of SEC. 101. RECOMMENDED LEVELS AND insert in lieu thereof ‘‘committed to sup- the Social Security Act (42 U.S.C. 1395ww(d)), AMOUNTS. port’’. the large urban area of New York, New York The following budgetary levels are appro- is deemed to include Orange County, New priate for the fiscal years 2002 through 2012: SA 3681. Mrs. CLINTON (for herself York, Dutchess County, New York, Ulster (1) FEDERAL REVENUES.—For purposes of and Mr. SCHUMER) submitted an County, New York, and Sullivan County, the enforcement of this resolution— amendment intended to be proposed by New York. (A) The recommended levels of Federal her to the bill H.R. 4775, making sup- (b) RULES.—The reclassifications made revenues are as follows: plemental appropriations for the fiscal under subsection (a) with respect to a sub- Fiscal year 2002: $1,443,401,000,000. year ending September 30, 2002, and for section (d) hospital shall be treated as a de- Fiscal year 2003: $1,493,902,000,000. cision of the Medicare Geographic Classifica- other purposes; which was ordered to Fiscal year 2004: $1,596,172,000,000. tion Review Board under section 1886(d)(10) Fiscal year 2005: $1,723,595,000,000. lie on the table; as follows: of the Social Security Act (42 U.S.C. Fiscal year 2006: $1,817,735,000,000. On page 7, between lines 12 and 13, insert 1395ww(d)(10)). Fiscal year 2007: $1,907,948,000,000. the following: Fiscal year 2008: $2,013,211,000,000. SEC. 2. ASSISTANCE FOR LABRUSCA GRAPE PRO- SA 3684. Mr. DOMENICI submitted an Fiscal year 2009: $2,125,874,000,000. DUCERS. amendment intended to be proposed by Fiscal year 2010: $2,234,542,000,000. (a) IN GENERAL.—The Secretary of Agri- him to the bill H.R. 4775, making sup- Fiscal year 2011: $2,340,774,000,000. culture may use $100,000,000 of funds of the plemental appropriations for the fiscal Fiscal year 2012: $2,475,687,000,000. Commodity Credit Corporation to make pay- year ending September 30, 2002, and for (B) The amounts by which the aggregate ments, as soon as practicable after the date other purposes; which was ordered to levels of Federal revenues should be changed of enactment of this Act, to producers of are as follows: labrusca grapes for quantity loss, quality lie on the table; as follows: Fiscal year 2002: $¥44,244,000,000. loss, and severe economic loss to the 2001 and At the end, insert the following: Fiscal year 2003: $¥46,608,000,000. 2002 crops of labrusca grapes due to dam- DIVISION—CONCURRENT RESOLUTION Fiscal year 2004: $¥39,584,000,000. aging weather or related conditions. ON THE BUDGET FOR FISCAL YEAR 2003 Fiscal year 2005: $¥16,089,000,000. AYMENT UANTITY (b) P Q .—The payment SECTION 1. CONCURRENT RESOLUTION ON THE Fiscal year 2006: $981,000,000. quantity of labrusca grapes for which the BUDGET FOR FISCAL YEAR 2003. Fiscal year 2007: $¥14,000,000. ¥ producers on a farm are eligible for pay- (a) DECLARATION.—Congress determines Fiscal year 2008: $ 1,670,000,000. ments under this section shall be equal to and declares that the concurrent resolution Fiscal year 2009: $¥5,042,000,000. the average quantity of the 1996 through 2000 on the budget for fiscal year 2002 is revised Fiscal year 2010: $¥10,466,000,000. crop of labrusca grapes produced by the pro- and replaced and that this resolution is the Fiscal year 2011: $¥135,470,000,000. ducers on the farm, as determined by the concurrent resolution on the budget for fis- Fiscal year 2012: $¥232,766,000,000. Secretary. cal year 2003 including the appropriate budg- (2) NEW BUDGET AUTHORITY.—For purposes (c) LIMITATIONS.—The Secretary shall not etary levels for fiscal years 2004 through 2012 of the enforcement of this resolution, the ap- establish a payment limitation, or gross in- as authorized by section 301 of the Congres- propriate levels of total new budget author- come eligibility limitation, with respect to sional Budget Act of 1974 (2 U.S.C. 632). ity are as follows: payments made under this section. (b) TABLE OF CONTENTS.—The table of con- Fiscal year 2002: $1,716,775,000,000. (d) APPLICABILITY.—This section applies tents for this concurrent resolution is as fol- Fiscal year 2003: $1,804,288,000,000. only with respect to the 2001 and 2002 crops lows: Fiscal year 2004: $1,864,345,000,000. of labrusca grapes and producers of those Fiscal year 2005: $1,963,648,000,000. Sec. 1. Concurrent resolution on the budget crops. Fiscal year 2006: $2,051,109,000,000. for fiscal year 2003. Fiscal year 2007: $2,149,260,000,000. SA 3682. Mr. KOHL submitted an TITLE I—LEVELS AND AMOUNTS Fiscal year 2008: $2,248,037,000,000. amendment intended to be proposed by Sec. 101. Recommended levels and amounts. Fiscal year 2009: $2,351,802,000,000. him to the bill H.R. 4775, making sup- Sec. 102. Social Security. Fiscal year 2010: $2,460,142,000,000. plemental appropriations for the fiscal Sec. 103. Major functional categories. Fiscal year 2011: $2,581,295,000,000. year ending September 30, 2002, and for TITLE II—BUDGETARY RESTRAINTS, Fiscal year 2012: $2,679,841,000,000. (3) BUDGET OUTLAYS.—For purposes of the other purposes; which was ordered to RESERVE FUNDS, AND RULEMAKING Subtitle A—Budgetary Restraints enforcement of this resolution, the appro- lie on the table; as follows: priate levels of total budget outlays are as On page 7, after line 12, insert the fol- Sec. 201. Congressional discretionary spend- follows: lowing: ing limits for 2003 through 2007. Fiscal year 2002: $1,664,729,000,000. Sec. 202. Emergency designation point of ‘‘SEC. . Notwithstanding any other provi- Fiscal year 2003: $1,780,271,000,000. sion of law and effective on the date of en- order in the Senate. Fiscal year 2004: $1,846,159,000,000. actment of this Act, the Secretary may use Sec. 203. Restrictions on advance appropria- Fiscal year 2005: $1,937,114,000,000. an amount not to exceed $12,000,000 from the tions in the Senate. Fiscal year 2006: $2,016,860,000,000. amounts appropriated under the heading Sec. 204. Pay-as-you-go point of order in the Fiscal year 2007: $2,105,868,000,000. Food Safety and Inspection Service under Senate. Fiscal year 2008: $2,211,283,000,000. the Agriculture, Rural Development, Food Subtitle B—Reserve Funds Fiscal year 2009: $2,316,094,000,000. and Drug Administration, and Related Agen- Sec. 211. Reserve fund for Medicare. Fiscal year 2010: $2,424,942,000,000. cies Appropriations Act of 2001 (Public Law Sec. 212. Reserve fund for health insurance Fiscal year 2011: $2,552,267,000,000. 106–387) to liquidate over-obligations and for the uninsured. Fiscal year 2012: $2,643,085,000,000. over-expenditures of the Food Safety and In- Sec. 213. Reserve fund for Family Oppor- (4) SURPLUSES.—For purposes of the en- spection Service incurred during previous tunity Act. forcement of this resolution, the amounts of fiscal years, approved by the Director of the Sec. 214. Reserve fund for IDEA. the surpluses are as follows: Office of Management and Budget based on Sec. 215. Reserve fund for highways and Fiscal year 2002: $¥221,328,000,000. documentation provided by the Secretary of highway safety. Fiscal year 2003: $¥286,369,000,000. Agriculture.’’ Sec. 216. Amtrak reserve. Fiscal year 2004: $¥249,987,000,000.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.112 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5081 Fiscal year 2005: $¥213,519,000,000. (A) New budget authority, $394,842,000,000. (B) Outlays, $26,176,000,000. Fiscal year 2006: $¥199,125,000,000. (B) Outlays, $389,058,000,000. Fiscal year 2011: Fiscal year 2007: $¥197,920,000,000. Fiscal year 2005: (A) New budget authority, $27,515,000,000. Fiscal year 2008: $¥198,072,000,000. (A) New budget authority, $415,433,000,000. (B) Outlays, $26,799,000,000. Fiscal year 2009: $¥190,220,000,000. (B) Outlays, $406,429,000,000. Fiscal year 2012: Fiscal year 2010: $¥190,400,000,000. Fiscal year 2006: (A) New budget authority, $28,046,000,000. Fiscal year 2011: $¥211,493,000,000. (A) New budget authority, $436,142,000,000. (B) Outlays, $27,437,000,000. Fiscal year 2012: $¥167,398,000,000. (B) Outlays, $420,340,000,000. (4) Energy (270): (5) PUBLIC DEBT.—The appropriate levels of Fiscal year 2007: Fiscal year 2002: the public debt are as follows: (A) New budget authority, $457,643,000,000. (A) New budget authority, $2,342,000,000. Fiscal year 2002: $6,054,062,000,000. (B) Outlays, $433,623,000,000. (B) Outlays, $433,000,000. Fiscal year 2003: $6,451,622,000,000. Fiscal year 2008: Fiscal year 2003: Fiscal year 2004: $6,853,330,000,000. (A) New budget authority, $469,700,000,000. (A) New budget authority, $2,745,000,000. Fiscal year 2005: $7,238,975,000,000. (B) Outlays, $454,915,000,000. (B) Outlays, $931,000,000. Fiscal year 2006: $7,616,271,000,000. Fiscal year 2009: Fiscal year 2004: Fiscal year 2007: $7,998,005,000,000. (A) New budget authority, $482,034,000,000. (A) New budget authority, $2,900,000,000. Fiscal year 2008: $8,384,734,000,000. (B) Outlays, $469,738,000,000. (B) Outlays, $1,133,000,000. Fiscal year 2009: $8,771,425,000,000. Fiscal year 2010: Fiscal year 2005: Fiscal year 2010: $9,166,305,000,000. (A) New budget authority, $494,731,000,000. (A) New budget authority, $2,743,000,000. Fiscal year 2011: $9,589,629,000,000. (B) Outlays, $484,172,000,000. (B) Outlays, $1,075,000,000. Fiscal year 2012: $9,980,661,000,000. Fiscal year 2011: Fiscal year 2006: (6) DEBT HELD BY THE PUBLIC.—The appro- (A) New budget authority, $507,736,000,000. (A) New budget authority, $2,291,000,000. priate levels of the debt held by the public (B) Outlays, $502,155,000,000. (B) Outlays, $949,000,000. are as follows: Fiscal year 2012: Fiscal year 2007: Fiscal year 2002: $3,423,900,000,000. (A) New budget authority, $521,046,000,000. (A) New budget authority, $2,145,000,000. Fiscal year 2003: $3,553,200,000,000. (B) Outlays, $508,203,000,000. (B) Outlays, $885,000,000. Fiscal year 2004: $3,634,600,000,000. (2) International Affairs (150): Fiscal year 2008: Fiscal year 2005: $3,668,700,000,000. Fiscal year 2002: (A) New budget authority, $2,687,000,000. Fiscal year 2006: $3,675,900,000,000. (A) New budget authority, $25,130,000,000. (B) Outlays, $1,175,000,000. (B) Outlays, $22,219,000,000. Fiscal year 2007: $3,667,900,000,000. Fiscal year 2009: Fiscal year 2003: Fiscal year 2008: $3,645,800,000,000. (A) New budget authority, $2,766,000,000. (A) New budget authority, $25,142,000,000. Fiscal year 2009: $3,601,800,000,000. (B) Outlays, $1,248,000,000. (B) Outlays, $22,054,000,000. Fiscal year 2010: $3,542,900,000,000. Fiscal year 2010: Fiscal year 2004: Fiscal year 2011: $3,489,100,000,000. (A) New budget authority, $2,848,000,000. (A) New budget authority, $26,019,000,000. Fiscal year 2012: $3,378,500,000,000. (B) Outlays, $1,517,000,000. (B) Outlays, $22,425,000,000. Fiscal year 2011: SEC. 102. SOCIAL SECURITY. Fiscal year 2005: (A) New budget authority, $2,929,000,000. (a) SOCIAL SECURITY REVENUES.—For pur- (A) New budget authority, $26,830,000,000. (B) Outlays, $1,640,000,000. poses of Senate enforcement under sections (B) Outlays, $22,536,000,000. Fiscal year 2012: 302 and 311 of the Congressional Budget Act Fiscal year 2006: (A) New budget authority, $2,956,000,000. of 1974, the amounts of revenues of the Fed- (A) New budget authority, $27,453,000,000. (B) Outlays, $1,811,000,000. eral Old-Age and Survivors Insurance Trust (B) Outlays, $22,807,000,000. (5) Natural Resources and Environment Fund and the Federal Disability Insurance Fiscal year 2007: (300): Trust Fund are as follows: (A) New budget authority, $28,187,000,000. Fiscal year 2002: Fiscal year 2002: $518,249,000,000. (B) Outlays, $23,743,000,000. (A) New budget authority, $30,855,000,000. Fiscal year 2003: $545,386,000,000. Fiscal year 2008: (B) Outlays, $29,073,000,000. Fiscal year 2004: $573,537,000,000. (A) New budget authority, $28,891,000,000. Fiscal year 2003: Fiscal year 2005: $602,159,000,000. (B) Outlays, $24,346,000,000. (A) New budget authority, $31,999,000,000. Fiscal year 2006: $630,920,000,000. Fiscal year 2009: (B) Outlays, $30,456,000,000. Fiscal year 2007: $660,899,000,000. (A) New budget authority, $29,517,000,000. Fiscal year 2004: Fiscal year 2008: $692,320,000,000. (B) Outlays, $25,029,000,000. (A) New budget authority, $32,768,000,000. Fiscal year 2009: $726,627,000,000. Fiscal year 2010: (B) Outlays, $31,470,000,000. Fiscal year 2010: $764,167,000,000. (A) New budget authority, $30,505,000,000. Fiscal year 2005: Fiscal year 2011: $802,485,000,000. (B) Outlays, $25,678,000,000. (A) New budget authority, $33,635,000,000. Fiscal year 2012: $842,255,000,000. Fiscal year 2011: (B) Outlays, $32,381,000,000. (b) SOCIAL SECURITY OUTLAYS.—For pur- (A) New budget authority, $31,254,000,000. Fiscal year 2006: poses of Senate enforcement under sections (B) Outlays, $26,275,000,000. (A) New budget authority, $33,262,000,000. 302 and 311 of the Congressional Budget Act Fiscal year 2012: (B) Outlays, $33,570,000,000. of 1974, the amounts of outlays of the Fed- (A) New budget authority, $31,764,000,000. Fiscal year 2007: eral Old-Age and Survivors Insurance Trust (B) Outlays, $26,902,000,000. (A) New budget authority, $32,397,000,000. Fund and the Federal Disability Insurance (3) General Science, Space, and Technology (B) Outlays, $33,712,000,000. Trust Fund are as follows: (250): Fiscal year 2008: Fiscal year 2002: $354,349,000,000. Fiscal year 2002: (A) New budget authority, $33,282,000,000. Fiscal year 2003: $365,168,000,000. (A) New budget authority, $22,087,000,000. (B) Outlays, $33,854,000,000. Fiscal year 2004: $375,478,000,000. (B) Outlays, $20,984,000,000. Fiscal year 2009: Fiscal year 2005: $388,064,000,000. Fiscal year 2003: (A) New budget authority, $34,686,000,000. Fiscal year 2006: $401,450,000,000. (A) New budget authority, $22,749,000,000. (B) Outlays, $34,522,000,000. Fiscal year 2007: $416,186,000,000. (B) Outlays, $21,837,000,000. Fiscal year 2010: Fiscal year 2008: $431,988,000,000. Fiscal year 2004: (A) New budget authority, $35,822,000,000. Fiscal year 2009: $451,149,000,000. (A) New budget authority, $23,397,000,000. (B) Outlays, $35,340,000,000. Fiscal year 2010: $472,439,000,000. (B) Outlays, $22,640,000,000. Fiscal year 2011: Fiscal year 2011: $494,177,000,000. Fiscal year 2005: (A) New budget authority, $36,846,000,000. Fiscal year 2012: $519,806,000,000. (A) New budget authority, $23,915,000,000. (B) Outlays, $36,322,000,000. SEC. 103. MAJOR FUNCTIONAL CATEGORIES. (B) Outlays, $23,316,000,000. Fiscal year 2012: Congress determines and declares that the Fiscal year 2006: (A) New budget authority, $37,771,000,000. appropriate levels of new budget authority, (A) New budget authority, $24,473,000,000. (B) Outlays, $37,206,000,000. budget outlays, new direct loan obligations, (B) Outlays, $23,834,000,000. (6) Agriculture (350): and new primary loan guarantee commit- Fiscal year 2007: Fiscal year 2002: ments for fiscal years 2002 through 2012 for (A) New budget authority, $25,052,000,000. (A) New budget authority, $33,229,000,000. each major functional category are: (B) Outlays, $24,404,000,000. (B) Outlays, $31,459,000,000. (1) National Defense (050): Fiscal year 2008: Fiscal year 2003: Fiscal year 2002: (A) New budget authority, $25,646,000,000. (A) New budget authority, $29,328,000,000. (A) New budget authority, $361,485,000,000. (B) Outlays, $24,981,000,000. (B) Outlays, $28,305,000,000. (B) Outlays, $353,311,000,000. Fiscal year 2009: Fiscal year 2004: Fiscal year 2003: (A) New budget authority, $26,252,000,000. (A) New budget authority, $23,749,000,000. (A) New budget authority, $392,837,000,000. (B) Outlays, $25,571,000,000. (B) Outlays, $22,161,000,000. (B) Outlays, $385,411,000,000. Fiscal year 2010: Fiscal year 2005: Fiscal year 2004: (A) New budget authority, $26,876,000,000. (A) New budget authority, $24,655,000,000.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.173 pfrm04 PsN: S05PT2 S5082 CONGRESSIONAL RECORD — SENATE June 5, 2002 (B) Outlays, $23,326,000,000. (A) New budget authority, $75,732,000,000. Fiscal year 2007: Fiscal year 2006: (B) Outlays, $73,332,000,000. (A) New budget authority, $307,461,000,000. (A) New budget authority, $21,816,000,000. (9) Community and Regional Development (B) Outlays, $305,655,000,000. (B) Outlays, $20,563,000,000. (450): Fiscal year 2008: Fiscal year 2007: Fiscal year 2002: (A) New budget authority, $329,055,000,000. (A) New budget authority, $21,567,000,000. (A) New budget authority, $23,465,000,000. (B) Outlays, $327,394,000,000. (B) Outlays, $20,501,000,000. (B) Outlays, $14,672,000,000. Fiscal year 2009: Fiscal year 2008: Fiscal year 2003: (A) New budget authority, $352,116,000,000. (A) New budget authority, $20,064,000,000. (A) New budget authority, $15,505,000,000. (B) Outlays, $350,854,000,000. (B) Outlays, $18,956,000,000. (B) Outlays, $16,763,000,000. Fiscal year 2010: Fiscal year 2009: Fiscal year 2004: (A) New budget authority, $378,044,000,000. (A) New budget authority, $19,022,000,000. (A) New budget authority, $15,759,000,000. (B) Outlays, $376,597,000,000. (B) Outlays, $17,933,000,000. (B) Outlays, $18,089,000,000. Fiscal year 2011: Fiscal year 2010: Fiscal year 2005: (A) New budget authority, $405,934,000,000. (A) New budget authority, $18,642,000,000. (A) New budget authority, $16,024,000,000. (B) Outlays, $404,207,000,000. (B) Outlays, $17,631,000,000. (B) Outlays, $17,798,000,000. Fiscal year 2012: Fiscal year 2011: Fiscal year 2006: (A) New budget authority, $436,075,000,000. (A) New budget authority, $18,530,000,000. (A) New budget authority, $16,387,000,000. (B) Outlays, $434,458,000,000. (B) Outlays, $17,520,000,000. (B) Outlays, $16,707,000,000. (12) Medicare (570): Fiscal year 2012: Fiscal year 2007: Fiscal year 2002: (A) New budget authority, $18,518,000,000. (A) New budget authority, $16,662,000,000. (A) New budget authority, $227,232,000,000. (B) Outlays, $17,511,000,000. (B) Outlays, $16,315,000,000. (B) Outlays, $227,324,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2008: Fiscal year 2003: Fiscal year 2002: (A) New budget authority, $17,060,000,000. (A) New budget authority, $237,998,000,000. (A) New budget authority, $3,193,000,000. (B) Outlays, $15,713,000,000. (B) Outlays, $237,850,000,000. (B) Outlays, $649,000,000. Fiscal year 2009: Fiscal year 2004: Fiscal year 2003: (A) New budget authority, $17,456,000,000. (A) New budget authority, $251,634,000,000. (A) New budget authority, $5,831,000,000. (B) Outlays, $15,946,000,000. (B) Outlays, $251,914,000,000. (B) Outlays, $1,523,000,000. Fiscal year 2010: Fiscal year 2005: Fiscal year 2004: (A) New budget authority, $17,860,000,000. (A) New budget authority, $275,333,000,000. (A) New budget authority, $5,715,000,000. (B) Outlays, $16,261,000,000. (B) Outlays, $275,247,000,000. (B) Outlays, $1,117,000,000. Fiscal year 2011: Fiscal year 2006: Fiscal year 2005: (A) New budget authority, $18,266,000,000. (A) New budget authority, $302,373,000,000. (A) New budget authority, $6,858,000,000. (B) Outlays, $16,626,000,000. (B) Outlays, $302,138,000,000. (B) Outlays, $2,685,000,000. Fiscal year 2012: Fiscal year 2007: Fiscal year 2006: (A) New budget authority, $18,691,000,000. (A) New budget authority, $332,059,000,000. (A) New budget authority, $6,415,000,000. (B) Outlays, $17,028,000,000. (B) Outlays, $332,317,000,000. (B) Outlays, $2,148,000,000. (10) Education, Training, Employment, and Fiscal year 2008: Fiscal year 2007: Social Services (500): (A) New budget authority, $362,401,000,000. (A) New budget authority, $7,552,000,000. Fiscal year 2002: (B) Outlays, $362,265,000,000. (B) Outlays, $3,257,000,000. (A) New budget authority, $78,945,000,000. Fiscal year 2009: Fiscal year 2008: (B) Outlays, $68,943,000,000. (A) New budget authority, $398,190,000,000. (A) New budget authority, $7,982,000,000. Fiscal year 2003: (B) Outlays, $397,937,000,000. (B) Outlays, $3,430,000,000. (A) New budget authority, $83,037,000,000. Fiscal year 2010: Fiscal year 2009: (B) Outlays, $79,393,000,000. (A) New budget authority, $431,065,000,000. (A) New budget authority, $8,858,000,000. Fiscal year 2004: (B) Outlays, $431,334,000,000. (B) Outlays, $4,053,000,000. (A) New budget authority, $84,933,000,000. Fiscal year 2011: Fiscal year 2010: (B) Outlays, $83,402,000,000. (A) New budget authority, $471,863,000,000. (A) New budget authority, $13,126,000,000. Fiscal year 2005: (B) Outlays, $471,702,000,000. (B) Outlays, $7,536,000,000. (A) New budget authority, $86,928,000,000. Fiscal year 2012: Fiscal year 2011: (B) Outlays, $85,243,000,000. (A) New budget authority, $505,297,000,000. (A) New budget authority, $7,912,000,000. Fiscal year 2006: (B) Outlays, $505,027,000,000. (B) Outlays, $4,631,000,000. (A) New budget authority, $89,145,000,000. (13) Income Security (600): Fiscal year 2012: (B) Outlays, $86,814,000,000. Fiscal year 2002: (A) New budget authority, $7,862,000,000. Fiscal year 2007: (A) New budget authority, $311,571,000,000. (B) Outlays, $4,161,000,000. (A) New budget authority, $91,375,000,000. (B) Outlays, $313,803,000,000. (8) Transportation (400): (B) Outlays, $88,888,000,000. Fiscal year 2003: Fiscal year 2002: Fiscal year 2008: (A) New budget authority, $321,185,000,000. (A) New budget authority, $71,101,000,000. (A) New budget authority, $93,533,000,000. (B) Outlays, $323,553,000,000. (B) Outlays, $64,872,000,000. (B) Outlays, $90,991,000,000. Fiscal year 2004: Fiscal year 2003: Fiscal year 2009: (A) New budget authority, $318,332,000,000. (A) New budget authority, $64,633,000,000. (A) New budget authority, $95,710,000,000. (B) Outlays, $318,641,000,000. (B) Outlays, $66,500,000,000. (B) Outlays, $93,103,000,000. Fiscal year 2005: Fiscal year 2004: Fiscal year 2010: (A) New budget authority, $324,955,000,000. (A) New budget authority, $59,765,000,000. (A) New budget authority, $97,633,000,000. (B) Outlays, $325,756,000,000. (B) Outlays, $64,122,000,000. (B) Outlays, $94,974,000,000. Fiscal year 2006: Fiscal year 2005: Fiscal year 2011: (A) New budget authority, $336,427,000,000. (A) New budget authority, $65,881,000,000. (A) New budget authority, $99,877,000,000. (B) Outlays, $335,427,000,000. (B) Outlays, $64,057,000,000. (B) Outlays, $97,148,000,000. Fiscal year 2007: Fiscal year 2006: Fiscal year 2012: (A) New budget authority, $344,237,000,000. (A) New budget authority, $67,093,000,000. (A) New budget authority, $102,168,000,000. (B) Outlays, $342,693,000,000. (B) Outlays, $65,247,000,000. (B) Outlays, $99,366,000,000. Fiscal year 2008: Fiscal year 2007: (11) Health (550): (A) New budget authority, $357,742,000,000. (A) New budget authority, $68,351,000,000. Fiscal year 2002: (B) Outlays, $356,174,000,000. (B) Outlays, $66,304,000,000. (A) New budget authority, $201,167,000,000. Fiscal year 2009: Fiscal year 2008: (B) Outlays, $195,140,000,000. (A) New budget authority, $369,345,000,000. (A) New budget authority, $69,775,000,000. Fiscal year 2003: (B) Outlays, $367,799,000,000. (B) Outlays, $67,494,000,000. (A) New budget authority, $228,656,000,000. Fiscal year 2010: Fiscal year 2009: (B) Outlays, $224,779,000,000. (A) New budget authority, $382,103,000,000. (A) New budget authority, $71,214,000,000. Fiscal year 2004: (B) Outlays, $380,349,000,000. (B) Outlays, $68,599,000,000. (A) New budget authority, $261,286,000,000. Fiscal year 2011: Fiscal year 2010: (B) Outlays, $257,807,000,000. (A) New budget authority, $399,930,000,000. (A) New budget authority, $72,686,000,000. Fiscal year 2005: (B) Outlays, $397,965,000,000. (B) Outlays, $70,132,000,000. (A) New budget authority, $277,999,000,000. Fiscal year 2012: Fiscal year 2011: (B) Outlays, $277,377,000,000. (A) New budget authority, $402,117,000,000. (A) New budget authority, $74,193,000,000. Fiscal year 2006: (B) Outlays, $399,887,000,000. (B) Outlays, $71,761,000,000. (A) New budget authority, $286,397,000,000. (14) Social Security (650): Fiscal year 2012: (B) Outlays, $285,580,000,000. Fiscal year 2002:

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.176 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5083 (A) New budget authority, $12,938,000,000. Fiscal year 2009: (A) New budget authority, $1,350,000,000. (B) Outlays, $12,937,000,000. (A) New budget authority, $43,566,000,000. (B) Outlays, $8,000,000. Fiscal year 2003: (B) Outlays, $43,088,000,000. Fiscal year 2005: (A) New budget authority, $13,429,000,000. Fiscal year 2010: (A) New budget authority, $1,350,000,000. (B) Outlays, $13,429,000,000. (A) New budget authority, $44,622,000,000. (B) Outlays, $98,000,000. Fiscal year 2004: (B) Outlays, $44,128,000,000. Fiscal year 2006: (A) New budget authority, $14,404,000,000. Fiscal year 2011: (A) New budget authority, $50,000,000. (B) Outlays, $14,404,000,000. (A) New budget authority, $45,698,000,000. (B) Outlays, $205,000,000. Fiscal year 2005: (B) Outlays, $45,200,000,000. Fiscal year 2007: (A) New budget authority, $15,317,000,000. Fiscal year 2012: (A) New budget authority, $50,000,000. (B) Outlays, $15,317,000,000. (A) New budget authority, $46,797,000,000. (B) Outlays, $265,000,000. Fiscal year 2006: (B) Outlays, $46,289,000,000. Fiscal year 2008: (A) New budget authority, $16,223,000,000. (17) General Government (800): (A) New budget authority, $50,000,000. (B) Outlays, $16,223,000,000. Fiscal year 2002: (B) Outlays, $340,000,000. Fiscal year 2007: (A) New budget authority, $17,284,000,000. Fiscal year 2009: (A) New budget authority, $17,398,000,000. (B) Outlays, $16,648,000,000. (A) New budget authority, $0. (B) Outlays, $17,398,000,000. Fiscal year 2003: (B) Outlays, $370,000,000. Fiscal year 2008: (A) New budget authority, $17,234,000,000. Fiscal year 2010: (A) New budget authority, $18,779,000,000. (B) Outlays, $17,015,000,000. (A) New budget authority, $0. (B) Outlays, $18,779,000,000. Fiscal year 2004: (B) Outlays, $370,000,000. Fiscal year 2009: (A) New budget authority, $17,324,000,000. Fiscal year 2011: (A) New budget authority, $20,465,000,000. (B) Outlays, $17,434,000,000. (A) New budget authority, $0. (B) Outlays, $20,465,000,000. Fiscal year 2005: (B) Outlays, $330,000,000. Fiscal year 2010: (A) New budget authority, $17,730,000,000. Fiscal year 2012: (A) New budget authority, $22,404,000,000. (B) Outlays, $17,591,000,000. (A) New budget authority, $0. (B) Outlays, $22,404,000,000. Fiscal year 2006: (B) Outlays, $275,000,000. Fiscal year 2011: (A) New budget authority, $18,178,000,000. (20) Undistributed Offsetting Receipts (950): (A) New budget authority, $25,620,000,000. (B) Outlays, $17,935,000,000. Fiscal year 2002: (B) Outlays, $25,620,000,000. Fiscal year 2007: (A) New budget authority, $¥37,530,000,000. Fiscal year 2012: (A) New budget authority, $18,641,000,000. (B) Outlays, $¥37,530,000,000. (A) New budget authority, $28,107,000,000. (B) Outlays, $18,296,000,000. Fiscal year 2003: (B) Outlays, $28,107,000,000. Fiscal year 2008: (A) New budget authority, $¥44,467,000,000. (15) Veterans Benefits and Services (700): (A) New budget authority, $18,688,000,000. (B) Outlays, $¥44,467,000,000. Fiscal year 2002: (B) Outlays, $18,432,000,000. Fiscal year 2004: (A) New budget authority, $50,639,000,000. Fiscal year 2009: (A) New budget authority, $¥58,205,000,000. (B) Outlays, $50,038,000,000. (A) New budget authority, $19,191,000,000. (B) Outlays, $¥58,205,000,000. Fiscal year 2003: (B) Outlays, $18,726,000,000. Fiscal year 2005: (A) New budget authority, $56,395,000,000. Fiscal year 2010: (A) New budget authority, $¥61,364,000,000. (B) Outlays, $55,838,000,000. (A) New budget authority, $19,713,000,000. (B) Outlays, $¥61,364,000,000. Fiscal year 2004: (B) Outlays, $19,208,000,000. Fiscal year 2006: (A) New budget authority, $58,518,000,000. Fiscal year 2011: (A) New budget authority, $¥54,337,000,000. (B) Outlays, $58,138,000,000. (A) New budget authority, $20,253,000,000. (B) Outlays, $¥54,337,000,000. Fiscal year 2005: (B) Outlays, $19,729,000,000. Fiscal year 2007: (A) New budget authority, $62,696,000,000. Fiscal year 2012: (A) New budget authority, $¥54,895,000,000. (B) Outlays, $62,367,000,000. (A) New budget authority, $20,812,000,000. (B) Outlays, $¥54,895,000,000. Fiscal year 2006: (B) Outlays, $20,406,000,000. Fiscal year 2008: (A) New budget authority, $62,335,000,000. (18) Net Interest (900): (A) New budget authority, $¥57,056,000,000. (B) Outlays, $61,982,000,000. Fiscal year 2002: (B) Outlays, $¥57,056,000,000. Fiscal year 2007: (A) New budget authority, $245,415,000,000. Fiscal year 2009: (A) New budget authority, $61,837,000,000. (B) Outlays, $245,415,000,000. (A) New budget authority, $¥58,831,000,000. (B) Outlays, $61,394,000,000. Fiscal year 2003: (B) Outlays, $¥58,831,000,000. Fiscal year 2008: (A) New budget authority, $259,963,000,000. Fiscal year 2010: (A) New budget authority, $65,814,000,000. (B) Outlays, $259,963,000,000. (A) New budget authority, $¥61,167,000,000. (B) Outlays, $65,592,000,000. Fiscal year 2004: (B) Outlays, $¥61,167,000,000. Fiscal year 2009: (A) New budget authority, $288,978,000,000. Fiscal year 2011: (A) New budget authority, $67,631,000,000. (B) Outlays, $288,978,000,000. (A) New budget authority, $¥63,493,000,000. (B) Outlays, $67,330,000,000. Fiscal year 2005: (B) Outlays, $¥63,493,000,000. Fiscal year 2010: (A) New budget authority, $306,107,000,000. Fiscal year 2012: (A) New budget authority, $69,534,000,000. (B) Outlays, $306,107,000,000. (A) New budget authority, $¥65,869,000,000. (B) Outlays, $69,208,000,000. Fiscal year 2006: (B) Outlays, $¥65,869,000,000. Fiscal year 2011: (A) New budget authority, $318,427,000,000. TITLE II—BUDGETARY RESTRAINTS, (A) New budget authority, $74,041,000,000. (B) Outlays, $318,427,000,000. RESERVE FUNDS, AND RULEMAKING (B) Outlays, $73,738,000,000. Fiscal year 2007: Subtitle A—Budgetary Restraints Fiscal year 2012: (A) New budget authority, $330,005,000,000. SEC. 201. CONGRESSIONAL DISCRETIONARY (A) New budget authority, $71,865,000,000. (B) Outlays, $330,005,000,000. SPENDING LIMITS FOR 2003 (B) Outlays, $71,461,000,000. Fiscal year 2008: THROUGH 2007. (16) Administration of Justice (750): (A) New budget authority, $341,412,000,000. (a) DEFINITION.—In this section, for pur- Fiscal year 2002: (B) Outlays, $341,412,000,000. poses of enforcement in the House of Rep- (A) New budget authority, $36,227,000,000. Fiscal year 2009: resentatives and the Senate, the term ‘‘dis- (B) Outlays, $34,334,000,000. (A) New budget authority, $352,613,000,000. cretionary spending limit’’ means— Fiscal year 2003: (B) Outlays, $352,613,000,000. (1) for fiscal year 2003— (A) New budget authority, $40,089,000,000. Fiscal year 2010: (A) for the nondefense category, (B) Outlays, $39,127,000,000. (A) New budget authority, $363,095,000,000. $375,262,000,000 in new budget authority and Fiscal year 2004: (B) Outlays, $363,095,000,000. $372,224,000,000 in outlays; (A) New budget authority, $40,878,000,000. Fiscal year 2011: (B) for the defense category, $392,757,000,000 (B) Outlays, $41,423,000,000. (A) New budget authority, $376,391,000,000. in new budget authority and $380,228,000,000 Fiscal year 2005: (B) Outlays, $376,391,000,000. in outlays; (A) New budget authority, $39,623,000,000. Fiscal year 2012: (C) for the highway category, $28,922,000,000 (B) Outlays, $39,772,000,000. (A) New budget authority, $390,086,000,000. in outlays; Fiscal year 2006: (B) Outlays, $390,086,000,000. (D) for the mass transit category, (A) New budget authority, $40,559,000,000. (19) Allowances (920): $6,030,000,000 in outlays; and (B) Outlays, $40,299,000,000. Fiscal year 2002: (E) for the conservation category, Fiscal year 2007: (A) New budget authority, $0. $1,922,000,000 in new budget authority and (A) New budget authority, $41,536,000,000. (B) Outlays, $5,000,000. $1,872,000,000 in outlays; (B) Outlays, $41,110,000,000. Fiscal year 2003: (2) for fiscal year 2004— Fiscal year 2008: (A) New budget authority, $0. (A) for the nondefense category, (A) New budget authority, $42,532,000,000. (B) Outlays, $10,000,000. $387,110,000,000 in new budget authority and (B) Outlays, $42,095,000,000. Fiscal year 2004: $425,296,000,000 in outlays; and

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.178 pfrm04 PsN: S05PT2 S5084 CONGRESSIONAL RECORD — SENATE June 5, 2002 (B) for the defense category $394,916,000,000 tion shall be stricken from the measure and to offset increased spending when such offset in new budget authority and $390,236,000,000 may not be offered as an amendment from devices produce no permanent budgetary or in outlays; the floor. economic effects. (3) for fiscal year 2005— (c) WAIVER AND APPEAL.—This section may (2) BUDGETARY RULE.—In the Senate, for (A) for the nondefense category, be waived or suspended in the Senate only by purposes of points of order under this resolu- $394,989,000,000 in new budget authority and an affirmative vote of three-fifths of the tion and the Congressional Budget Act of $432,168,000,000 in outlays; and Members, duly chosen and sworn. An affirm- 1974, provisions contained in any bill, resolu- (B) for the defense category $415,556,000,000 ative vote of three-fifths of the Members of tion, amendment, motion, or conference re- in new budget authority and $406,855,000,000 the Senate, duly chosen and sworn, shall be port that perpetuate or resemble section 619 in outlays; required in the Senate to sustain an appeal of Public Law 107–77 shall not be scored with (4) for fiscal year 2006— of the ruling of the Chair on a point of order respect to the level of budget authority, out- (A) for the nondefense category, raised under this section. lays, or revenues contained in such legisla- $402,873,000,000 in new budget authority and (d) DEFINITION OF AN EMERGENCY REQUIRE- tion. $439,161,000,000 in outlays; and MENT.—A provision shall be considered an SEC. 204. PAY-AS-YOU-GO POINT OF ORDER IN (B) for the defense category $436,202,000,000 emergency designation if it designates any THE SENATE. in new budget authority and $420,599,000,000 item an emergency requirement pursuant to (a) PURPOSE.—The Senate declares that it in outlays; and section 251(b)(2)(A) or 252(e) of the Balanced is essential to continue the pay-as-you-go (5) for fiscal year 2007— Budget and Emergency Deficit Control Act enforcement system. (A) for the nondefense category, of 1985. (b) POINT OF ORDER.— $413,763,000,000 in new budget authority and (e) FORM OF THE POINT OF ORDER.—A point (1) IN GENERAL.—It shall not be in order in $449,430,000,000 in outlays; and of order under this section may be raised by the Senate to consider any direct spending (B) for the defense category $457,708,000,000 a Senator as provided in section 313(e) of the or revenue legislation that would increase in new budget authority and $433,847,000,000 Congressional Budget Act of 1974. the on-budget deficit or cause an on-budget in outlays. (f) CONFERENCE REPORTS.—If a point of deficit for any one of the three applicable (b) POINT OF ORDER.— order is sustained under this section against time periods as measured in paragraphs (5) (1) IN GENERAL.—It shall not be in order in a conference report, the report shall be dis- and (6). the House of Representatives and the Senate posed of as provided in section 313(d) of the (2) APPLICABLE TIME PERIODS.—For pur- to consider any bill, joint resolution, amend- Congressional Budget Act of 1974. poses of this subsection the term ‘‘applicable ment, motion, or conference report that ex- SEC. 203. RESTRICTIONS ON ADVANCE APPRO- time period’’ means any one of the three fol- ceeds any discretionary spending limit set PRIATIONS IN THE SENATE. lowing periods: forth in this section. (a) IN GENERAL.—Except as provided in (A) The first year covered by the most re- (2) EXCEPTION.—This subsection shall not subsection (b), it shall not be in order in the cently adopted concurrent resolution on the apply if a declaration of war by Congress is Senate to consider any reported bill or joint budget. in effect. resolution, or amendment thereto or con- (B) The period of the first five fiscal years (c) WAIVER AND APPEAL.—This section may ference report thereon, that would provide covered by the most recently adopted con- be waived or suspended in the Senate only by an advance appropriation. current resolution on the budget. an affirmative vote of three-fifths of the (b) EXCEPTION.—An advance appropriation (C) The period of the five fiscal years fol- Members, duly chosen and sworn. An affirm- may be provided— lowing the first five fiscal years covered in ative vote of three-fifths of the Members of (1) for fiscal year 2004 for programs, the most recently adopted concurrent resolu- the Senate, duly chosen and sworn, shall be projects, activities, or accounts identified in tion on the budget. required in the Senate to sustain an appeal the joint explanatory statement of managers (3) DIRECT-SPENDING LEGISLATION.—For of the ruling of the Chair on a point of order accompanying this resolution under the purposes of this subsection and except as raised under this section. heading ‘‘Accounts Identified for Advance provided in paragraph (4), the term ‘‘direct- SEC. 202. EMERGENCY DESIGNATION POINT OF Appropriations’’ in an aggregate amount not spending legislation’’ means any bill, joint ORDER IN THE SENATE. to exceed $23,159,000,000 in new budget au- resolution, amendment, motion, or con- (a) DESIGNATIONS.— thority; and ference report that affects direct spending as (1) GUIDANCE.—In making a designation of (2) for the Corporation for Public Broad- that term is defined by and interpreted for a provision of legislation as an emergency casting. purposes of the Balanced Budget and Emer- requirement under section 251(b)(2)(A) or (c) APPLICATION OF POINT OF ORDER IN THE gency Deficit Control Act of 1985. 252(e) of the Balanced Budget and Emergency SENATE.— (4) EXCLUSION.—For purposes of this sub- Deficit Control Act of 1985, the committee (1) WAIVER AND APPEAL.—In the Senate, section, the terms ‘‘direct-spending legisla- report and any statement of managers ac- subsection (a) may be waived or suspended in tion’’ and ‘‘revenue legislation’’ do not companying that legislation shall analyze the Senate only by an affirmative vote of include— whether a proposed emergency requirement three-fifths of the Members, duly chosen and (A) any concurrent resolution on the budg- meets all the criteria in paragraph (2). sworn. An affirmative vote of three-fifths of et; or (2) CRITERIA.— the Members of the Senate, duly chosen and (B) any provision of legislation that affects (A) IN GENERAL.—The criteria to be consid- sworn, shall be required in the Senate to sus- the full funding of, and continuation of, the ered in determining whether a proposed ex- tain an appeal of the ruling of the Chair on deposit insurance guarantee commitment in penditure or tax change is an emergency re- a point of order raised under subsection (a). effect on the date of enactment of the Budg- quirement are— (2) FORM OF THE POINT OF ORDER.—A point et Enforcement Act of 1990. (i) necessary, essential, or vital (not mere- of order under subsection (a) may be raised (5) BASELINE.—Estimates prepared pursu- ly useful or beneficial); by a Senator as provided in section 313(e) of ant to this section shall— (ii) sudden, quickly coming into being, and the Congressional Budget Act of 1974. (A) use the baseline used for the most re- not building up over time; (3) CONFERENCE REPORTS.—If a point of cently adopted concurrent resolution on the (iii) an urgent, pressing, and compelling order is sustained under subsection (a) budget; and need requiring immediate action; against a conference report in the Senate, (B) be calculated under the requirements (iv) subject to subparagraph (B), unfore- the report shall be disposed of as provided in of subsections (b) through (d) of section 257 seen, unpredictable, and unanticipated; and section 313(d) of the Congressional Budget of the Balanced Budget and Emergency Def- (v) not permanent, temporary in nature. Act of 1974. icit Control Act of 1985 for fiscal years be- (B) UNFORESEEN.—An emergency that is (d) DEFINITION.—In this section, the term yond those covered by that concurrent reso- part of an aggregate level of anticipated ‘‘advance appropriation’’ means any discre- lution on the budget. emergencies, particularly when normally es- tionary new budget authority in a bill or (6) PRIOR SURPLUS.—If direct spending or timated in advance, is not unforeseen. joint resolution making general appropria- revenue legislation increases the on-budget (3) JUSTIFICATION FOR FAILURE TO MEET CRI- tions or continuing appropriations for fiscal deficit or causes an on-budget deficit when TERIA.—If the proposed emergency require- year 2002 that first becomes available for any taken individually, then it must also in- ment does not meet all the criteria set forth fiscal year after 2002. crease the on-budget deficit or cause an on- in paragraph (2), the committee report or the (e) SENSE OF CONGRESS.—It is the sense of budget deficit when taken together with all statement of managers, as the case may be, Congress that the Budget Enforcement Act direct spending and revenue legislation en- shall provide a written justification of why of 1990 should be amended to address proce- acted since the beginning of the calendar the requirement should be accorded emer- dures for advance appropriations for fiscal year not accounted for in the baseline under gency status. years beginning with fiscal year 2004. paragraph (5)(A). (b) POINT OF ORDER.—When the Senate is (f) PROHIBITION ON DIVERTING CRIME VIC- (c) WAIVER.—This section may be waived considering a bill, resolution, amendment, TIMS FUND.— or suspended in the Senate only by the af- motion, or conference report, a point of (1) PURPOSE.—The purpose of this section firmative vote of three-fifths of the Mem- order may be made by a Senator against an is to ensure that amounts deposited in the bers, duly chosen and sworn. emergency designation in that measure and Crime Victims Fund are distributed in a (d) APPEALS.—Appeals in the Senate from if the Presiding Officer sustains that point of timely manner to assist victims of crime as the decisions of the Chair relating to any order, that provision making such a designa- intended by current law and are not diverted provision of this section shall be limited to 1

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.180 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5085 hour, to be equally divided between, and con- ference report thereon is submitted, that by the amount of outlays resulting from trolled by, the appellant and the manager of provides States with the opportunity to ex- such excess, but— the bill or joint resolution, as the case may pand Medicaid coverage for children with (1) only if the chairman of the Committee be. An affirmative vote of three-fifths of the special needs, allowing families of disabled on the Budget determines, in consultation Members of the Senate, duly chosen and children with the opportunity to purchase with the ranking member, that the bill or sworn, shall be required in the Senate to sus- coverage under the Medicaid Program for joint resolution, or amendment thereto or tain an appeal of the ruling of the Chair on such children (commonly referred to as the conference report thereon, that establishes a point of order raised under this section. ‘‘Family Opportunity Act of 2002’’), the such obligation limitation provides that (e) DETERMINATION OF BUDGET LEVELS.— chairman of the Committee on the Budget, such increase to the obligation limitation is For purposes of this section, the levels of in consultation with the ranking member, made available solely for programs, projects, new budget authority, outlays, and revenues may revise committee allocations for that or activities as distributed under section 1102 for a fiscal year shall be determined on the committee and other appropriate budgetary of the Transportation Equity Act for the 21st basis of estimates made by the Committee aggregates and allocations of new budget au- Century; and on the Budget of the Senate. thority (and the outlays resulting therefrom) (2) not to exceed $1,180,000,000 in outlays for (f) SUNSET.—Subsections (a) through (e) of in this resolution by the amount provided by fiscal year 2003. this section shall expire September 30, 2007. that measure for that purpose, but not to ex- (b) RULE OF ENFORCEMENT.—In the Senate, SEC. 205. EXTENSION OF SUPERMAJORITY DIS- ceed $142,000,000 in new budget authority and section 302(f)(2) of the Congressional Budget CIPLINE IN THE SENATE. $95,000,000 in outlays for fiscal year 2003, and Act of 1974 shall be deemed to apply to the Notwithstanding any provision of the Con- $8,390,000,000 in new budget authority and applicable allocation of outlays in the case gressional Budget Act of 1974, sections $7,940,000,000 in outlays for the period of fis- of any bill or joint resolution that estab- 904(c)(2) and 904(d)(3) of the Congressional cal years 2003 through 2012. lishes an obligation limitation for fiscal year Budget Act of 1974 shall remain in effect as SEC. 214. RESERVE FUND FOR IDEA. 2003 for programs within the highway cat- rules of the Senate through September 30, (a) RESERVE FUND FOR 2003.—In the Senate, egory, or amendment thereto or conference 2007. if the Committee on Appropriations reports report thereon. Subtitle B—Reserve Funds a bill or joint resolution, or if an amendment SEC. 216. AMTRAK RESERVE. SEC. 211. RESERVE FUND FOR MEDICARE. thereto is offered or a conference report (a) IN GENERAL.—In the Senate, if the Com- If the Committee on Finance of the Senate thereon is submitted, that provides in excess mittee on Commerce, Science, and Transpor- reports a bill or joint resolution, or an of $8,529,000,000 in new budget authority for tation reports a bill or joint resolution amendment is offered thereto, or a con- fiscal year 2003 for grants to States author- which restructures and reforms the national ference report thereon is submitted, which ized under part B of the Individuals with Dis- passenger rail system and such measure is reforms the Medicare Program under title abilities Education Act (IDEA), the chair- enacted and if the Committee on Appropria- XVIII of the Social Security Act (42 U.S.C. man of the Committee on the Budget, in con- tions reports a bill or joint resolution, or 1395 et seq.) and improves the access of bene- sultation with the ranking member, may re- amendment is offered thereto, or a con- ficiaries under that program to prescription vise the appropriate allocations for such ference report thereon is submitted that pro- drugs, and that repeals the 15 percent reduc- committee and other appropriate levels in vides in excess of $531,000,000 in new budget tion in payments under the Medicare Pro- this resolution by the amount provided by authority for fiscal year 2003 for a national gram to home health agencies enacted by the that measure for that purpose, but not to ex- passenger rail system, then the Chairman of Balanced Budget Act of 1997 and now sched- ceed $9,482,000,000 in new budget authority the Committee on the Budget, with the con- uled to go into effect on October 1, 2002, the for fiscal year 2003 and outlays flowing there- currence of the ranking member, may revise chairman of the Committee on the Budget, from. the section 302(a) allocation to the Com- in consultation with the ranking member, (b) ADDITIONAL RESOURCES AVAILABLE FOR mittee on Appropriations and other appro- may revise committee allocations for that REFORM.— priate budgetary aggregates, including the committee and other appropriate budgetary (1) FINDINGS.—The Senate finds that— discretionary spending limits set out in this aggregates and allocations of new budget au- (A) the Individuals with Disabilities Edu- resolution, but such revisions shall not ex- thority (and the outlays resulting therefrom) cation Act (IDEA), which since 1975 has guar- ceed $987,000,000 in new budget authority and in this resolution by the amount provided by anteed the Nation’s disabled school children $171,000,000 in outlays for fiscal year 2003. that measure for that purpose, but not to ex- the right to a free and appropriate public Subtitle C—Miscellaneous Provisions ceed $0 for fiscal year 2003, and education, is under consideration for reau- SEC. 221. APPLICATION AND EFFECT OF $349,682,000,000 for the period of fiscal years thorization and reform by the 107th Con- CHANGES IN ALLOCATIONS AND AG- 2003 through 2012, of which $16,182,000,000 gress; GREGATES. shall be made available only with respect to (B) special education enrollment (as a (a) APPLICATION.—Any adjustments of allo- the repeal of the 15 percent reduction to share of total enrollment) continues to grow, cations and aggregates made pursuant to home health agencies. and the cost of educating the average dis- this resolution shall— SEC. 212. RESERVE FUND FOR HEALTH INSUR- abled student is nearly twice that of the av- (1) apply while that measure is under con- ANCE FOR THE UNINSURED. erage non-disabled student, according to the sideration; If the Committee on Finance of the Senate Department of Education; and (2) take effect upon the enactment of that reports a bill or joint resolution, or an (C) the President has established a Com- measure; and amendment thereto is offered, or a con- mission on Excellence in Special Education (3) be published in the Congressional ference report thereon is submitted, that to identify areas of needed reform and im- Record as soon as practicable. provides health insurance for the uninsured provement in IDEA, to be reported to the (b) EFFECT OF CHANGED ALLOCATIONS AND (including a measure providing for tax de- President no later than July 1, 2002. AGGREGATES.—Revised allocations and ag- ductions for the purchase of health insurance (2) SENSE OF THE SENATE.—It is the sense of gregates resulting from these adjustments for, among others, moderate income individ- the Senate that this budget resolution pro- shall be considered for the purposes of the uals not receiving health insurance from vides substantial additional funding for Congressional Budget Act of 1974 as alloca- their employers), the chairman of the Com- IDEA programs in 2003, and that future budg- tions and aggregates contained in this reso- mittee on the Budget, in consultation with et resolutions will provide additional re- lution. the ranking member, may revise committee sources in a manner consistent with the (c) BUDGET COMMITTEE DETERMINATIONS.— allocations for that committee and other ap- Commission’s report and reforms and reau- For purposes of this resolution— propriate budgetary aggregates and alloca- thorization of IDEA enacted into law. (1) the levels of new budget authority, out- tions of new budget authority (and the out- SEC. 215. RESERVE FUND FOR HIGHWAYS AND lays, direct spending, new entitlement au- lays resulting therefrom) and may revise the HIGHWAY SAFETY. thority, revenues, deficits, and surpluses for revenue aggregates and other appropriate (a) IN GENERAL.—In the Senate, if the Com- a fiscal year or period of fiscal years shall be budgetary aggregates and allocations in this mittee on Appropriations reports a bill or determined on the basis of estimates made resolution by the amount provided by that joint resolution, or if an amendment thereto by the Committees on the Budget of the measure for that purpose, but not to exceed is offered or a conference report thereon is House of Representatives and the Senate; $116,989,000,000 in new budget authority and submitted, that establishes an obligation and outlays for the period of fiscal years 2003 limitation in excess of $23,285,000,000 for fis- (2) such chairman, and in the Senate, (in through 2012 or $116,989,000,000 in revenues cal year 2003 for programs, projects, and ac- consultation with the ranking member), as for the period of fiscal years 2003 through tivities within the highway category (under applicable, may make any other necessary 2012 or any combination of budget authority section 251(c)(7)(A) of the Balanced Budget adjustments to such levels to carry out this and outlays or revenues as long as the sum of and Emergency Deficit Control Act of 1985), resolution. all revisions does not exceed $116,989,000,000. the chairman of the Committee on the Budg- SEC. 222. EXERCISE OF RULEMAKING POWERS. SEC. 213. RESERVE FUND FOR FAMILY OPPOR- et, in consultation with the ranking mem- Congress adopts the provisions of this TUNITY ACT. ber, may increase the allocation of outlays title— If the Committee on Finance of the Senate and other appropriate budgetary aggregates, (1) as an exercise of the rulemaking power reports a bill or joint resolution, or if an including the discretionary spending limits of the Senate and the House of Representa- amendment thereto is offered or a con- set out in this resolution for such committee tives, respectively, and as such they shall be

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.181 pfrm04 PsN: S05PT2 S5086 CONGRESSIONAL RECORD — SENATE June 5, 2002 considered as part of the rules of each House, (3) The President’s budget proposal for fis- fiscal year ending September 30, 2002, or of that House to which they specifically cal year 2003 includes a 4.1 percent pay raise and for other purposes; which was or- apply, and such rules shall supersede other for military personnel. dered to lie on the table; as follows: rules only to the extent that they are incon- (4) The Office of Management and Budget At the appropriate place, insert the fol- sistent therewith; and has requested that Federal agencies plan lowing: (2) with full recognition of the constitu- their fiscal year 2003 budgets with a 2.6 per- SEC. . The provisions of S. Con. Res. 100 tional right of either House to change those cent pay raise for civilian Federal employ- (107th Congress) as reported by the Com- rules (so far as they relate to that House) at ees. mittee on the Budget and placed on the cal- any time, in the same manner, and to the (5) In almost every year during the past 2 endar is adopted by the Senate and the same extent as in the case of any other rule decades, there have been equal adjustments House of Representatives as the concurrent of that House. in the compensation of members of the uni- resolution on the budget for fiscal year 2003 TITLE III—SENSE OF THE SENATE formed services and the compensation of ci- in accordance with section 301 of the Con- vilian employees of the United States. SEC. 301. SENSE OF THE SENATE REGARDING ES- gressional Budget Act of 1974. TIMATES OF THE COST OF SMALL (b) SENSE OF THE SENATE.—It is the sense BUSINESS CREDIT PROGRAMS. of the Senate that there should continue to SA 3686. Mr. DOMENICI submitted an (a) FINDINGS.—The Senate finds the fol- be parity between the adjustments in the amendment intended to be proposed by lowing: compensation of members of the uniformed services and the adjustments in the com- him to the bill H.R. 4775, making sup- (1) Small businesses play a critical role in plemental appropriations for the fiscal our Nation and our economy, and the Fed- pensation of civilian employees of the United eral Government assists that role by pro- States. year ending September 30, 2002, and for viding small businesses with loans and loan SEC. 303. SENSE OF THE SENATE ON MENTAL other purposes; which was ordered to guarantees. HEALTH PARITY. lie on the table; as follows: (2) Since the enactment of the Federal It is the sense of the Senate that in pro- At the appropriate place, insert the fol- Credit Reform Act of 1990, the Small Busi- viding for mental health parity— lowing: (1) nothing in this budget resolution shall ness Administration and Office of Manage- TITLE ll—BUDGET ENFORCEMENT ment and Budget have repeatedly reesti- be construed to alter or amend title II of the Social Security Act (or any regulation pro- SEC. ll01. BUDGET DISCIPLINE AND ENFORCE- mated downward the subsidy cost for the MENT FOR FISCAL YEAR 2003. mulgated under that Act); Small Business Administration’s 7(a) and 504 (a) STATUTORY DISCRETIONARY SPENDING (2) the Secretary of the Treasury will an- credit programs. For the 7(a) program alone, LIMITS.—Section 251(c) of the Balanced Budg- nually estimate the impact of enactment of SBA and OMB have reestimated more than et and Emergency Deficit Control Act of 1985 such a policy on the income and balances of $1,000,000,000 in subsidy costs. (2 U.S.C. 901(c)) is amended by striking para- the trust funds established under section 201 (3) These overestimates have resulted in graph (7) and inserting the following: of the Social Security Act (42 U.S.C. 401); and borrowers and lenders in both programs hav- ‘‘(7) with respect to fiscal year 2003— (3) that if the Secretary of the Treasury es- ing to pay higher than necessary fees to par- ‘‘(A) for the nondefense discretionary cat- timates that the enactment of mental health ticipate in the programs. egory: $363,017,000,000 in new budget author- parity has a negative impact on the income (4) In addition, these overestimates have ity and $365,541,000,000 in outlays; and balances of the trust funds established diverted more than $1,000,000,000 in resources ‘‘(B) for the defense discretionary cat- under section 201 of the Social Security Act from other discretionary programs. egory: $392,754,000,000 in new budget author- (42 U.S.C. 401), the Secretary shall transfer, (5) In its 2003 budget, the Administration ity and $380,226,000,000 in outlays; not less frequently than quarterly, from the expects to further revise downward in fiscal ‘‘(C) for the highway category: general revenues of the Federal Government year 2002 the estimated cost of small busi- $27,742,000,000 in outlays; an amount sufficient so as to ensure that the ness loan programs. ‘‘(D) for the mass transit category: income and balances of such trust funds are (6) The Administration has begun working $1,445,000,000 in new budget authority and not reduced as a result of this policy. on substantially revising its model for the $6,030,000,000 in outlays; and section 7(a) program, but was unable to com- SEC. 304. SENSE OF THE SENATE ON MEDICAID ‘‘(E) for the conservation spending cat- COMMISSION. plete its work in time for the 2003 budget. egory: $1,922,000,000 in new budget authority It is the sense of the Senate that Congress (b) SENSE OF THE SENATE.—It is the sense and $1,872,000,000 in outlays;’’. should establish a National Commission on of the Senate that— (b) REPEAL OF OBSOLETE PROVISIONS.— Medicaid and State-Based Health Care Re- (1) the performance of the SBA and OMB in (1) CONGRESSIONAL BUDGET ACT OF 1974.— administering the Federal Credit Reform Act form to study and make recommendations to Section 314(b) of the Congressional Budget for small business credit programs has been Congress, the President, and the Secretary of Act of 1974 is amended— unsatisfactory; Health and Human Services with respect to (A) by striking paragraphs (2) through (5); (2) the Administration should expedi- the program under title XIX of the Social and tiously complete its work on the new model Security Act. (B) by redesignating paragraph (6) as para- for the section 7(a) program and share the re- SEC. 305. SENSE OF THE SENATE REGARDING graph (2). PILT FUNDING. sults of that work with the Budget and (2) BALANCED BUDGET AND EMERGENCY DEF- (a) FINDINGS.—The Senate finds that— Small Business Committees by no later than ICIT CONTROL ACT OF 1985.—Section 251(b)(2) of this August; (1) if certain Federal lands are not to be- the Balanced Budget and Emergency Deficit (3) the Administration should immediately come part of the local tax base, then com- Control Act of 1985 is amended begin work on similarly improving its sub- pensation should be offered to local govern- (A) by striking subparagraphs (C) through sidy model for the section 504 program; and ments to make up for the presence of non- (F); and (4) the Administration should work with taxable land within their jurisdictions; (B) by redesignating subparagraph (G) as Congress to ensure that adequate funding is (2) PILT funds are critical to the budget of subparagraph (C). provided in fiscal year 2003 for small business local governments, which supply many valu- (c) CONFORMING AMENDMENTS.—Section 254 credit programs. able local social services, such as law en- of the Balanced Budget and Emergency Def- SEC. 302. SENSE OF THE SENATE REGARDING forcement, road maintenance and fire- icit Control Act of 1985 is amended FEDERAL EMPLOYEE PAY. fighting, as well as services for adjacent Fed- (1) in subsection (c)(2), by striking ‘‘2002’’ (a) FINDINGS.—The Senate finds the fol- eral lands such as search and rescue oper- each time it appears and inserting ‘‘2003’’; lowing: ations; and (1) Members of the uniformed services and (3) the Administration has proposed fund- (2) in subsection (f)(2)(A), by striking civilian employees of the United States ing PILT at $165,000,000 for fiscal year 2003, ‘‘2002’’ each time it appears and inserting make significant contributions to the gen- which is 22 percent less than the current ‘‘2003’’. eral welfare of the Nation. funding level—of $325,000,000; and SEC. ll02. ENFORCEMENT EXTENSIONS. (2) Increases in the pay of members of the (4) many counties with high percentages of (a) EXTENSION OF ENFORCING DISCRE- uniformed services and of civilian employees Federal land ownership that rely on PILT TIONARY SPENDING LIMITS.—Notwithstanding of the United States have not kept pace with payments have higher than average unem- section 275 of the Balanced Budget and increases in the overall pay levels of workers ployment and poverty. Emergency Deficit Control Act of 1985, sec- in the private sector, so that there now (b) SENSE OF THE SENATE.—It is the sense tion 251 of that Act shall expire on Sep- exists— of the Senate that within the discretionary tember 30, 2003. (A) a 32 percent gap between compensation allocation provided to the Committee on Ap- (b) EXTENSION OF ENFORCING PAY-AS-YOU- levels of Federal civilian employees and propriations that the Payment in Lieu of GO.— compensation levels of private sector work- Taxes program should be fully funded. (1) IN GENERAL.—Notwithstanding section ers; and 275 of the Balanced Budget and Emergency (B) an estimated 10 percent gap between SA 3685. Mr. SANTORUM submitted Deficit Control Act of 1985, section 252, ex- compensation levels of members of the uni- an amendment intended to be proposed cept as provided in paragraph (2), and sec- formed services and compensation levels of by him to the bill H.R. 4775, making tions 254, 255, 256, 257, 258, 258A, and 258C of private sector workers. supplemental appropriations for the that Act shall expire on September 30, 2011.

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.181 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5087

(2) EXCEPTION FOR ON-BUDGET SURPLUSES.— Budget Act of 1974 with respect to fiscal year sworn, shall be required in the Senate to sus- If prior to September 30, 2007, the Final 2004 and any subsequent fiscal year, provi- tain an appeal of the ruling of the Chair on Monthly Treasury Statement for any of the sions contained in any bill, resolution, a point of order raised under this subsection. fiscal years 2002 through 2006 reports an on- amendment, motion, or conference report (5) DETERMINATION OF BUDGET LEVELS.—For budget surplus, section 252 shall expire at that perpetuate or resemble section 619 of purposes of this subsection, the levels of new the end of the following fiscal year and the Public Law 107–77 shall not be scored with budget authority, outlays, and revenues for a President, in the next budget, shall submit respect to the level of budget authority, out- fiscal year shall be determined on the basis to Congress a recommendation for pay-as- lays, or revenues contained in such legisla- of estimates made by the Committee on the you-go enforcement procedures that the tion. Budget of the Senate. President believes are appropriate when (c) PAY-AS-YOU-GO POINT OF ORDER IN THE (d) EXERCISE OF RULEMAKING POWERS.— there is an on-budget surplus. SENATE.— Congress adopts the provisions of this (3) CONFORMING AMENDMENT.—Subsections (1) PURPOSE.—The Senate declares that it section— (a) and (b)(1) of section 252 of the Balanced is essential to continue the pay-as-you-go (1) as an exercise of the rulemaking power Budget and Emergency Deficit Control Act enforcement system. of the Senate and the House of Representa- of 1985 is amended by striking ‘‘2002’’ each (2) POINT OF ORDER.— tives, respectively, and as such they shall be place it appears and inserting ‘‘2007’’. (A) IN GENERAL.—It shall not be in order in considered as part of the rules of each house, (c) EXTENSION OF SUPERMAJORITY DIS- the Senate to consider any direct spending or of that house to which they specifically CIPLINE IN THE SENATE.—Section 904(e) of the or revenue legislation that would increase apply, and such rules shall supersede other Congressional Budget Act of 1974 is amended the on-budget deficit or cause an on-budget rules only to the extent that they are incon- by striking ‘‘2002’’ and inserting ‘‘2007’’. deficit for any 1 of the 3 applicable time peri- sistent therewith; and SEC. ll03. SENATE ENFORCEMENT. ods as measured in subparagraphs (E) and (2) with full recognition of the constitu- (a) ALLOCATIONS TO THE COMMITTEE ON AP- (F). tional right of either house to change those PROPRIATIONS OF THE SENATE.—Upon the en- (B) APPLICABLE TIME PERIODS.—For pur- rules (so far as they relate to that house) at actment of this Act, the Chairman of the poses of this subsection the term ‘‘applicable any time, in the same manner, and to the Committee on the Budget of the Senate shall time period’’ means any 1 of the 3 following same extent as in the case of any other rule file allocations to the committee on Appro- periods: of that house. priations of the Senate consistent with this (i) The budget year. (e) SUNSET.—Subsections (a) through (d) Act pursuant to section 302(a) of the Con- (ii) The period of the budget year and the shall cease to be effective upon the adoption gressional Budget Act of 1974. following 4 fiscal years. of a concurrent resolution on the budget for (b) RESTRICTIONS ON ADVANCE APPROPRIA- (iii) The period of the 5 fiscal years fol- fiscal year 2003. TIONS IN THE SENATE.— lowing the 5 fiscal years described in clause (f) ADDITIONAL ENFORCEMENT.—Section (1) IN GENERAL.—Except as provided in (ii). 205(g) of H. Con. Res. 290 (106th Congress) is paragraph (2), it shall not be in order in the (C) DIRECT-SPENDING LEGISLATION.—For repealed. Senate to consider any reported bill or joint purposes of this subsection and except as SEC. ll04. REPEAL OF OBSOLETE PROVISIONS. resolution, or amendment thereto or con- provided in subparagraph (D), the term ‘‘di- (a) IN GENERAL.—Section 253 of the Bal- ference report thereon, that would provide rect-spending legislation’’ means any bill, anced Budget and Emergency Deficit Control an advance appropriation. joint resolution, amendment, motion, or con- Act of 1985 is repealed. (2) EXCEPTION.—An advance appropriation ference report that affects direct spending as (b) CONFORMING AMENDMENTS.— may be provided— that term is defined by and interpreted for (1) CONGRESSIONAL BUDGET AND IMPOUND- (A) for fiscal year 2004 for programs, purposes of the Balanced Budget and Emer- MENT CONTROL ACT OF 1974.—Section 312 of the projects, activities, or accounts identified in gency Deficit Control Act of 1985. Congressional Budget and Impoundment the joint explanatory statement of managers (D) EXCLUSION.—The terms ‘‘direct-spend- Control Act of 1974 is amended— accompanying this Act under the heading ing legislation’’ and ‘‘revenue legislation’’ do (A) by repealing subsection (c); and ‘‘Accounts Identified for Advance Appropria- not include— (B) by redesignating subsections (d) tions’’ in an aggregate amount not to exceed (i) any concurrent resolution on the budg- through (f) as subsections (c) through (e). $23,159,000,000 in new budget authority; and et; or (2) BALANCED BUDGET AND EMERGENCY DEF- (B) for the Corporation for Public Broad- (ii) any provision of legislation that affects ICIT CONTROL ACT OF 1985.—The Balanced casting. the full funding of, and continuation of, the Budget and Emergency Deficit Control Act (3) APPLICATION OF POINT OF ORDER IN THE deposit insurance guarantee commitment in of 1985 is amended— SENATE.— effect on the date of enactment of the Budg- (A) in section 251(a)(1), by striking ‘‘and (A) WAIVER AND APPEAL.—In the Senate, et Enforcement Act of 1990. section 253’’; paragraph (1) may be waived or suspended in (E) BASELINE.—Estimates prepared pursu- (B) in section 252(b)— the Senate only by an affirmative vote of ant to this subsection shall— (i) in paragraph (1), by striking ‘‘or section three-fifths of the Members, duly chosen and (i) use the baseline used for the most re- 253’’; and sworn. An affirmative vote of three-fifths of cently adopted concurrent resolution on the (ii) in paragraph (2)(B), by striking ‘‘or sec- the Members of the Senate, duly chosen and budget; and tion 253’’. sworn, shall be required in the Senate to sus- (ii) be calculated under the requirements tain an appeal of the ruling of the Chair on of subsections (b) through (d) of section 257 SA 3687. Mr. GREGG (for himself and a point of order raised under paragraph (1). of the Balanced Budget and Emergency Def- Ms. CANTWELL) proposed an amend- (B) FORM OF THE POINT OF ORDER.—A point icit Control Act of 1985 for fiscal years be- of order under paragraph (1) may be raised yond those covered by subparagraph (B). ment to the bill H.R. 4775, making sup- by a Senator as provided in section 313(e) of (F) PRIOR SURPLUS.—If direct spending or plemental appropriations for the fiscal the Congressional Budget Act of 1974. revenue legislation increases the on-budget year ending September 30, 2002, and for (C) CONFERENCE REPORTS.—If a point of deficit or causes an on-budget deficit when other purposes; as follows: order is sustained under paragraph (1) taken individually, then it must also in- At the appropriate place, insert the fol- against a conference report in the Senate, crease the on-budget deficit or cause an on- lowing: the report shall be disposed of as provided in budget deficit when taken together with all PART—BUDGET ENFORCEMENT section 313(d) of the Congressional Budget direct spending and revenue legislation en- SECTION 1. SHORT TITLE. Act of 1974. acted since the beginning of the calendar This Part may be cited as the ‘‘Budget En- (4) DEFINITION.—In this subsection, the year not accounted for in the baseline under forcement Act of 2002’’. term ‘‘advance appropriation’’ means any subparagraph (E)(i), except that direct discretionary new budget authority in a bill spending or revenue effects resulting in net SEC. 2. EXTENSION OF DISCRETIONARY SPEND- ING LIMITS. or joint resolution making general appro- deficit reduction enacted pursuant to rec- (a) IN GENERAL.—Section 251(c) of the Bal- priations or continuing appropriations for onciliation instructions since the beginning anced Budget and Emergency Deficit Control fiscal year 2002 that first becomes available of that same calendar year shall not be Act of 1985 (2 U.S.C. 901) is amended by strik- for any fiscal year after 2002. available. ing paragraphs (7) through (16) and inserting ROHIBITION ON DIVERTING CRIME VICTIMS AIVER.—This subsection may be (5) P (3) W the following: FUND.— waived or suspended in the Senate only by ‘‘(7) with respect to fiscal year 2003— (A) PURPOSE.—The purpose of this para- the affirmative vote of three-fifths of the ‘‘(A) for the discretionary category: graph is to ensure that amounts deposited in Members, duly chosen and sworn. $766,169,000,000 in new budget authority and the Crime Victims Fund are distributed in a (4) APPEALS.—Appeals in the Senate from $758,880,000,000 in outlays; timely manner to assist victims of crime as the decisions of the Chair relating to any ‘‘(B) for the highway category: intended by current law and are not diverted provision of this subsection shall be limited $27,728,000,000 in outlays; to offset increased spending when such offset to 1 hour, to be equally divided between, and ‘‘(C) for the mass transit category: devices produce permanent budgetary or eco- controlled by, the appellant and the manager $6,256,000,000 in outlays; and nomic effects. of the bill or joint resolution, as the case ‘‘(D) for the conservation spending cat- (B) BUDGETARY RULE.—For purposes of may be. An affirmative vote of three-fifths of egory: $1,920,000,000 in new budget authority points of order under the Congressional the Members of the Senate, duly chosen and and $1,872,000,000 in outlays;

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‘‘(8)(A) with respect to fiscal year 2004 for SEC. 3. EXTENSION OF PAY-AS-YOU-GO RE- ‘‘BUDGET EVASION POINT OF ORDER QUIREMENT. the discretionary category: $784,425,000,000 in ‘‘SEC. 316. (a) Discretionary Spending Lim- new budget authority and $814,447,000,000 in Section 252 of the Balanced Budget and its.—It shall not be in order to consider any outlays; and Emergency Deficit Control Act of 1985 (2 bill or resolution (or amendment, motion, or U.S.C. 902) is amended— ‘‘(B) with respect to fiscal year 2004 for the conference report on that bill or resolution) (1) in subsections (a) and (b)(1), by striking conservation spending category: that waives or suspends the enforcement of $2,080,000,000, in new budget authority and ‘‘enacted before October 1, 2002,’’ and insert- ing ‘‘enacted before October 1, 2007’’; and section 251 of the Balanced Budget and $2,032,000,000 outlays; Emergency Deficit Control Act of 1985 or ‘‘(9)(A) with respect to fiscal year 2005 for (2) in subsection (b) by inserting at the end thereof the following: otherwise would alter the spending limits set the discretionary category: $801,968,000,000 in forth in that section. new budget authority and $833,246,000,000 in ‘‘(3) EXCEPTION.—Notwithstanding any other provision of law, there shall be no se- ‘‘(b) PAY-AS-YOU-GO.—It shall not be in outlays; and order to consider any bill or resolution (or ‘‘(B) with respect to fiscal year 2005 for the questration under this section for any fiscal year in which a surplus exists (as measured amendment, motion, or conference report on conservation spending category: that bill or resolution) that waives or sus- $2,240,000,000, in new budget authority and in conformance with section 13301 of the Budget Enforcement Act of 1990).’’. pends the enforcement of section 252 of the $2,192,000,000 in outlays; Balanced Budget and Emergency Deficit ‘‘(10)(A) with respect to fiscal year 2006 for SEC. 4. POINT OF ORDER TO REQUIRE COMPLI- Control Act of 1985 or otherwise would alter the discretionary category: $819,740,000,000, in ANCE WITH THE DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU- the balances of the pay-as-you-go scorecard new budget authority and $845,056,000,000 in GO. pursuant to that section. outlays; and Section 312(b) of the Congressional Budget ‘‘(c) DIRECTED SCORING.—It shall not be in ‘‘(B) with respect to fiscal year 2006 for the Act of 1974 (2 U.S.C. 643(b)) is amended to order in the Senate to consider any bill or conservation spending category: read as follows: resolution (or amendment, motion, or con- $2,400,000,000, in new budget authority and ‘‘(b) DISCRETIONARY SPENDING LIMIT AND ference report on that bill or resolution) that $2,352,000,000 in outlays; PAY-AS-YOU-GO POINT OF ORDER IN THE SEN- directs the scorekeeping of any bill or reso- ‘‘(11) with respect to each fiscal year 2002 ATE.— lution. through 2006 for the Federal and State Land ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(d) WAIVER AND APPEAL.—This section and Water Conservation Fund subcategory of vided in paragraph (6), it shall not be in may be waived or suspended in the Senate the conservation spending category: order in the Senate to consider any bill or only by an affirmative vote of three-fifths of $540,000,000 in new budget authority and the resolution or any separate provision of a bill the Members, duly chosen and sworn. An af- outlays flowing therefrom; or resolution (or amendment, motion, or firmative vote of three-fifths of the Members ‘‘(12) with respect to each fiscal year 2002 conference report on that bill or resolution) of the Senate, duly chosen and sworn, shall through 2006 for the State and Other Con- that would— be required in the Senate to sustain an ap- servation subcategory of the conservation ‘‘(A) exceed any of the discretionary spend- peal of the ruling of the Chair on a point of spending category: $300,000,000 in new budget ing limits set forth in section 251(c) of the order raised under this section.’’. authority and the outlays flowing therefrom; Balanced Budget and Emergency Deficit (b) TABLE OF CONTENTS.—The table of con- ‘‘(13) with respect to each fiscal year 2002 Control Act of 1985 or any suballocation of tents for the Congressional Budget Act of through 2006 for the Urban and Historic Pres- such limits among subcommittees under sec- 1974 is amended by inserting after the item ervation subcategory of the conservation tion 302(b); or for section 315 the following: spending category: $160,000,000 in new budget ‘‘(B) for direct spending or revenue legisla- authority and the outlays flowing therefrom; tion, would cause or increase a deficit (as ‘‘316. Budget evasion point of order.’’. ‘‘(14) with respect to each fiscal year 2002 measured in conformance with section 13301 through 2006 for the Payments in Lieu of of the Budget Enforcement Act of 1990) for SA 3688. Mr. DOMENICI submitted an Taxes subcategory of the conservation any one of the following three applicable amendment intended to be proposed by spending category: $50,000,000 in new budget time periods: him to the bill H.R. 4775, making sup- authority and the outlays flowing therefrom; ‘‘(i) the first year covered by the most re- plemental appropriations for the fiscal ‘‘(15) with respect to each fiscal year 2002 cently adopted concurrent resolution on the year ending September 30, 2002, and for through 2006 for the Federal Deferred Main- budget; other purposes; which was ordered to tenance subcategory of the conservation ‘‘(ii) the period of the first 5 fiscal years spending category: $150,000,000 in new budget covered by the most recently adopted con- lie on the table; as follows: authority and the outlays flowing therefrom; current resolution on the budget; or At the appropriate place, insert the fol- ‘‘(16) for the Coastal Assistance sub- ‘‘(iii) the period of the 5 fiscal years fol- lowing: category of the conservation spending cat- lowing the first five fiscal years covered in TITLE ll—BUDGET ENFORCEMENT the most recently adopted concurrent resolu- egory: SEC. ll01. BUDGET DISCIPLINE AND ENFORCE- ‘‘(A) with respect to fiscal year 2002: tion on the budget. MENT FOR FISCAL YEAR 2003. ‘‘(2) BUDGET RESOLUTIONS.—Except as oth- $440,000,000 in new budget authority and the (a) STATUTORY DISCRETIONARY SPENDING erwise provided in paragraph (6), it shall not outlays flowing therefrom; LIMITS.—Section 251(c) of the Balanced Budg- ‘‘(B) with respect to fiscal year 2003: be in order in the Senate to consider any et and Emergency Deficit Control Act of 1985 concurrent resolution on the budget (or $480,000,000 in new budget authority and the (2 U.S.C. 901(c)) is amended by striking para- amendment, motion, or conference report on outlays flowing therefrom; graph (7) and inserting the following: that concurrent resolution) that would ex- ‘‘(C) with respect to fiscal year 2004: ‘‘(7) with respect to fiscal year 2003— ceed any of the discretionary spending limits $520,000,000 in new budget authority and the ‘‘(A) for the nondefense discretionary cat- set forth in section 251(c) of the Balanced outlays flowing therefrom; egory: $371,965,000,000 in new budget author- ‘‘(D) with respect to fiscal year 2005: Budget and Emergency Deficit Control Act ity and $372,224,000,000 in outlays; $560,000,000 in new budget authority and the of 1985. ‘‘(B) for the defense discretionary cat- outlays flowing therefrom; ‘‘(3) POINT OF ORDER AGAINST A SPECIFIC egory: $392,757,000,000 in new budget author- ‘‘(E) with respect to fiscal year 2006: PROVISION.—If the Presiding Officer sustains ity and $380,228,000,000 in outlays; $600,000,000 in new budget authority and the a point of order under paragraph (1) with re- ‘‘(C) for the highway category: outlays flowing therefrom; and spect to any separate provision of a bill or ‘‘(17) with respect to fiscal year 2007 for the resolution, that provision shall be stricken $28,922,000,000 in outlays; discretionary category: $840,993,000,000, in from the measure and may not be offered as ‘‘(D) for the mass transit category: new budget authority and $858,266,000,000 in an amendment from the floor. $1,445,000,000 in new budget authority and outlays.’’. ‘‘(4) FORM OF THE POINT OF ORDER.—A point $6,030,000,000 in outlays; and (b) REPORTS.—Subsections (c)(2) and (f)(2) of order under this section may be raised by ‘‘(E) for the conservation spending cat- of section 254 of the Balanced Budget and a Senator as provided in section 313(e). egory: $1,922,000,000 in new budget authority Emergency Deficit Control Act of 1985 (2 ‘‘(5) CONFERENCE REPORTS.—If a point of and $1,872,000,000 in outlays;’’. U.S.C. 904) are amended by striking ‘‘2002’’ order is sustained under this section against (b) REPEAL OF OBSOLETE PROVISIONS.— and inserting ‘‘2007’’. a conference report the report shall be dis- (1) CONGRESSIONAL BUDGET ACT OF 1974.— (c) EXPIRATION.— posed of as provided in section 313(d). Section 314(b) of the Congressional Budget (1) GRAMM-RUDMAN-HOLLINGS.—Section ‘‘(6) EXCEPTIONS.—This subsection shall Act of 1974 is amended— 275(b) of the Balanced Budget and Emergency not apply if a declaration of war by the Con- (A) by striking paragraphs (2) through (5); Deficit Control Act of 1985 (2 U.S.C. 900 note) gress is in effect or if a joint resolution pur- and is amended— suant to section 258 of the Balanced Budget (B) by redesignating paragraph (6) as para- (A) by striking ‘‘2002’’ and inserting ‘‘2007’’; and Emergency Deficit Control Act of 1985 graph (2). and has been enacted.’’. (2) BALANCED BUDGET AND EMERGENCY DEF- (B) by striking ‘‘2006’’ and inserting ‘‘2011’’. SEC. 5. ENFORCEMENT AGAINST BUDGET EVA- ICIT CONTROL ACT OF 1985.—Section 251(b)(2) of (2) CONGRESSIONAL BUDGET ACT.—Section SION. the Balanced Budget and Emergency Deficit 904(e) of the Congressional Budget Act of 1974 (a) IN GENERAL.—Title III of the Congres- Control Act of 1985 is amended (2 U.S.C. 621 note) is amended by striking sional Budget Act of 1974 is amended by in- (A) by striking subparagraphs (C) through ‘‘2002’’ and inserting ‘‘2007’’. serting at the end the following: (F); and

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(B) by redesignating subparagraph (G) as by a Senator as provided in section 313(e) of (F) PRIOR SURPLUS.—If direct spending or subparagraph (C). the Congressional Budget Act of 1974. revenue legislation increases the on-budget (c) CONFORMING AMENDMENTS.—Section 254 (C) CONFERENCE REPORTS.—If a point of deficit or causes an on-budget deficit when of the Balanced Budget and Emergency Def- order is sustained under paragraph (1) taken individually, then it must also in- icit Control Act of 1985 is amended against a conference report in the Senate, crease the on-budget deficit or cause an on- (1) in subsection (c)(2), by striking ‘‘2002’’ the report shall be disposed of as provided in budget deficit when taken together with all each time it appears and inserting ‘‘2003’’; section 313(d) of the Congressional Budget direct spending and revenue legislation en- and Act of 1974. acted since the beginning of the calendar (2) in subsection (f)(2)(A), by striking (4) DEFINITION.—In this subsection, the year not accounted for in the baseline under ‘‘2002’’ each time it appears and inserting term ‘‘advance appropriation’’ means any subparagraph (E)(i), except that direct ‘‘2003’’. discretionary new budget authority in a bill spending or revenue effects resulting in net SEC. ll02. ENFORCEMENT EXTENSIONS. or joint resolution making general appro- deficit reduction enacted pursuant to rec- (a) EXTENSION OF ENFORCING DISCRE- priations or continuing appropriations for onciliation instructions since the beginning TIONARY SPENDING LIMITS.—Notwithstanding fiscal year 2002 that first becomes available of that same calendar year shall not be section 275 of the Balanced Budget and for any fiscal year after 2002. available. Emergency Deficit Control Act of 1985, sec- (5) PROHIBITION ON DIVERTING CRIME VICTIMS (3) WAIVER.—This subsection may be tion 251 of that Act shall expire on Sep- FUND.— waived or suspended in the Senate only by tember 30, 2003. (A) PURPOSE.—The purpose of this para- the affirmative vote of three-fifths of the (b) EXTENSION OF ENFORCING PAY-AS-YOU- graph is to ensure that amounts deposited in Members, duly chosen and sworn. GO.— the Crime Victims Fund are distributed in a (4) APPEALS.—Appeals in the Senate from (1) IN GENERAL.—Notwithstanding section timely manner to assist victims of crime as the decisions of the Chair relating to any 275 of the Balanced Budget and Emergency intended by current law and are not diverted provision of this subsection shall be limited Deficit Control Act of 1985, section 252, ex- to offset increased spending when such offset to 1 hour, to be equally divided between, and cept as provided in paragraph (2), and sec- devices produce permanent budgetary or eco- controlled by, the appellant and the manager tions 254, 255, 256, 257, 258, 258A, and 258C of nomic effects. of the bill or joint resolution, as the case that Act shall expire on September 30, 2011. (B) BUDGETARY RULE.—For purposes of may be. An affirmative vote of three-fifths of points of order under the Congressional the Members of the Senate, duly chosen and (2) EXCEPTION FOR ON-BUDGET SURPLUSES.— If prior to September 30, 2007, the Final Budget Act of 1974 with respect to fiscal year sworn, shall be required in the Senate to sus- 2004 and any subsequent fiscal year, provi- Monthly Treasury Statement for any of the tain an appeal of the ruling of the Chair on sions contained in any bill, resolution, fiscal years 2002 through 2006 reports an on- a point of order raised under this subsection. amendment, motion, or conference report budget surplus, section 252 shall expire at (5) DETERMINATION OF BUDGET LEVELS.—For that perpetuate or resemble section 619 of the end of the following fiscal year and the purposes of this subsection, the levels of new Public Law 107–77 shall not be scored with President, in the next budget, shall submit budget authority, outlays, and revenues for a respect to the level of budget authority, out- to Congress a recommendation for pay-as- fiscal year shall be determined on the basis lays, or revenues contained in such legisla- you-go enforcement procedures that the of estimates made by the Committee on the tion. President believes are appropriate when Budget of the Senate. (c) PAY-AS-YOU-GO POINT OF ORDER IN THE (d) EXERCISE OF RULEMAKING POWERS.— there is an on-budget surplus. SENATE.— Congress adopts the provisions of this (3) CONFORMING AMENDMENT.—Subsections (1) PURPOSE.—The Senate declares that it section— (a) and (b)(1) of section 252 of the Balanced is essential to continue the pay-as-you-go (1) as an exercise of the rulemaking power Budget and Emergency Deficit Control Act enforcement system. of the Senate and the House of Representa- of 1985 is amended by striking ‘‘2002’’ each (2) POINT OF ORDER.— tives, respectively, and as such they shall be place it appears and inserting ‘‘2007’’. (A) IN GENERAL.—It shall not be in order in considered as part of the rules of each house, (c) EXTENSION OF SUPERMAJORITY DIS- the Senate to consider any direct spending or of that house to which they specifically CIPLINE IN THE SENATE.—Section 904(e) of the or revenue legislation that would increase apply, and such rules shall supersede other Congressional Budget Act of 1974 is amended the on-budget deficit or cause an on-budget rules only to the extent that they are incon- by striking ‘‘2002’’ and inserting ‘‘2007’’. deficit for any 1 of the 3 applicable time peri- sistent therewith; and SEC. ll03. SENATE ENFORCEMENT. ods as measured in subparagraphs (E) and (2) with full recognition of the constitu- (a) ALLOCATIONS TO THE COMMITTEE ON AP- (F). tional right of either house to change those PROPRIATIONS OF THE SENATE.—Upon the en- (B) APPLICABLE TIME PERIODS.—For pur- rules (so far as they relate to that house) at actment of this Act, the Chairman of the poses of this subsection the term ‘‘applicable any time, in the same manner, and to the Committee on the Budget of the Senate shall time period’’ means any 1 of the 3 following same extent as in the case of any other rule file allocations to the committee on Appro- periods: of that house. priations of the Senate consistent with this (i) The budget year. (e) SUNSET.—Subsections (a) through (d) Act pursuant to section 302(a) of the Con- (ii) The period of the budget year and the shall cease to be effective upon the adoption gressional Budget Act of 1974. following 4 fiscal years. of a concurrent resolution on the budget for (b) RESTRICTIONS ON ADVANCE APPROPRIA- (iii) The period of the 5 fiscal years fol- fiscal year 2003. TIONS IN THE SENATE.— lowing the 5 fiscal years described in clause (f) ADDITIONAL ENFORCEMENT.—Section (1) IN GENERAL.—Except as provided in (ii). 205(g) of H. Con. Res. 290 (106th Congress) is paragraph (2), it shall not be in order in the (C) DIRECT-SPENDING LEGISLATION.—For repealed. Senate to consider any reported bill or joint purposes of this subsection and except as SEC. ll04. REPEAL OF OBSOLETE PROVISIONS. resolution, or amendment thereto or con- provided in subparagraph (D), the term ‘‘di- (a) IN GENERAL.—Section 253 of the Bal- ference report thereon, that would provide rect-spending legislation’’ means any bill, anced Budget and Emergency Deficit Control an advance appropriation. joint resolution, amendment, motion, or con- Act of 1985 is repealed. (2) EXCEPTION.—An advance appropriation ference report that affects direct spending as (b) CONFORMING AMENDMENTS.— may be provided— that term is defined by and interpreted for (1) CONGRESSIONAL BUDGET AND IMPOUND- (A) for fiscal year 2004 for programs, purposes of the Balanced Budget and Emer- MENT CONTROL ACT OF 1974.—Section 312 of the projects, activities, or accounts identified in gency Deficit Control Act of 1985. Congressional Budget and Impoundment the joint explanatory statement of managers (D) EXCLUSION.—The terms ‘‘direct-spend- Control Act of 1974 is amended— accompanying this Act under the heading ing legislation’’ and ‘‘revenue legislation’’ do (A) by repealing subsection (c); and ‘‘Accounts Identified for Advance Appropria- not include— (B) by redesignating subsections (d) tions’’ in an aggregate amount not to exceed (i) any concurrent resolution on the budg- through (f) as subsections (c) through (e). $23,159,000,000 in new budget authority; and et; or (2) BALANCED BUDGET AND EMERGENCY DEF- (B) for the Corporation for Public Broad- (ii) any provision of legislation that affects ICIT CONTROL ACT OF 1985.—The Balanced casting. the full funding of, and continuation of, the Budget and Emergency Deficit Control Act (3) APPLICATION OF POINT OF ORDER IN THE deposit insurance guarantee commitment in of 1985 is amended— SENATE.— effect on the date of enactment of the Budg- (A) in section 251(a)(1), by striking ‘‘and (A) WAIVER AND APPEAL.—In the Senate, et Enforcement Act of 1990. section 253’’; paragraph (1) may be waived or suspended in (E) BASELINE.—Estimates prepared pursu- (B) in section 252(b)— the Senate only by an affirmative vote of ant to this subsection shall— (i) in paragraph (1), by striking ‘‘or section three-fifths of the Members, duly chosen and (i) use the baseline used for the most re- 253’’; and sworn. An affirmative vote of three-fifths of cently adopted concurrent resolution on the (ii) in paragraph (2)(B), by striking ‘‘or sec- the Members of the Senate, duly chosen and budget; and tion 253’’. sworn, shall be required in the Senate to sus- (ii) be calculated under the requirements tain an appeal of the ruling of the Chair on of subsections (b) through (d) of section 257 SA 3689. Mr. DORGAN submitted an a point of order raised under paragraph (1). of the Balanced Budget and Emergency Def- amendment intended to be proposed by (B) FORM OF THE POINT OF ORDER.—A point icit Control Act of 1985 for fiscal years be- him to the bill H.R. 4775, making sup- of order under paragraph (1) may be raised yond those covered by subparagraph (B). plemental appropriations for the fiscal

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.122 pfrm04 PsN: S05PT2 S5090 CONGRESSIONAL RECORD — SENATE June 5, 2002 year ending September 30, 2002, and for SA 3693. Mr. BYRD (for himself, Mr. Administration, and Related Agencies Ap- other purposes; which was ordered to STEVENS, and Mrs. MURRAY) submitted propriations Act, 2001 (Public Law 106–387; lie on the table; as follows: an amendment intended to be proposed 114 Stat. 1549A–51). by him to the bill H.R. 4775, making (b) ADMINISTRATION.—The Secretary shall On page 55, between lines 3 and 4, insert make assistance available under this section the following: supplemental appropriations for the in the same manner as provided under sec- SEC. 5 . WESTERN AREA POWER ADMINISTRA- fiscal year ending September 30, 2002, tion 806 of the Agriculture, Rural Develop- TION. and for other purposes; which was or- ment, Food and Drug Administration, and Title III of the Energy and Water Develop- dered to lie on the table; as follows: Related Agencies Appropriations Act, 2001 ment Appropriations Act, 2002, is amended in Strike all beginning after the second (Public Law 105–277; 114 Stat. 1549A–51). the matter under the heading ‘‘CONSTRUC- comma on page 96, line 24, through the TION, REHABILITATION, OPERATION AND MAIN- comma on page 97 line 2, and insert the fol- SA 3696. Mr. LEAHY (for himself and TENANCE, WESTERN AREA POWER ADMINISTRA- lowing: ‘‘$287,000,000 to be derived from the Mr. MCCONNELL) submitted an amend- TION’’ (115 Stat. 507) by striking ‘‘Fund:’’ and Highway Trust Fund and to remain available inserting ‘‘Fund, and of which $400,000 shall ment intended to be proposed by him until expended: Provided, That ‘‘$167,000,000 be for transmission studies to carry out the to the bill H.R. 4775, making supple- of the amount provided shall be for emer- functions under section 302(a)(1)(E) of the mental appropriations for the fiscal gency expenses to respond to the September Department of Energy Organization Act (42 year ending September 30, 2002, and for 11, 2001, terrorist attacks on New York City, U.S.C. 7152(a)(1)(E)) and shall be non-reim- for the State of New York: Provided further,’’. other purposes; which was ordered to bursable:’’. lie on the table; as follows: SA 3694. Mr. BYRD (for himself, Mr. On page 63, line 15, strike ‘‘or subsequent SA 3690. Mr. AKAKA submitted an STEVENS, and Mrs. MURRAY) submitted Acts’’. amendment intended to be proposed by an amendment intended to be proposed him to the bill H.R. 4775, making sup- by him to the bill H.R. 4775, making SA 3697. Mr. LEAHY (for himself and plemental appropriations for the fiscal supplemental appropriations for the Mr. MCCONNELL) submitted an amend- year ending September 30, 2002, and for fiscal year ending September 30, 2002, ment intended to be proposed by him other purposes; which was ordered to and for other purposes; which was or- to the bill H.R. 4775, making supple- lie on the table; as follows: dered to lie on the table; as follows: mental appropriations for the fiscal On page 93, after line 24, add the following: Strike all beginning after the second year ending September 30, 2002, and for SEC. 905. CONSENT TO AMENDMENTS TO CER- comma on page 96, line 24, through the other purposes; which was ordered to TAIN SESSION LAWS OF THE STATE OF HAWAII. comma on page 97 line 2, and insert the fol- lie on the table; as follows: As required by section 4 of Public law 86– lowing: ‘‘$187,000,000 to be derived from the On page 60, line 4, strike ‘‘and equipment’’ 3 (73 Stat. 4), the United States consents to Highway Trust Fund and to remain available and insert in lieu thereof ‘‘, equipment and the following amendments to the Act adopt- until expended: Provided, That ‘‘$167,000,000 related assistance’’. ed by the State of Hawaii in the manner re- of the amount provided shall be for emer- quired for State legislation: gency expenses to respond to the September SA 3698. Mr. LEAHY (for himself and (1) Act of 110 of the Session Laws of Ha- 11, 2001, terrorist attacks on New York City, Mr. MCCONNELL) submitted an amend- waii, 2001; for the State of New York: Provided further,’’. ment intended to be proposed by him (2) Act 122 of the Session Laws of Hawaii, SA 3695. Mr. BURNS (for himself, Mr. to the bill H.R. 4775, making supple- 2001; mental appropriations for the fiscal (3) Act 302 of the Session Laws of Hawaii, BAUCUS, and Mr. ENZI) submitted an 2001. amendment intended to be proposed by year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- other purposes; which was ordered to SA 3691. Mr. BYRD (for himself, Mr. plemental appropriations for the fiscal lie on the table; as follows: STEVENS, and Mrs. MURRAY) submitted year ending September 30, 2002, and for On page 63, line 19, strike ‘‘may’’ and ev- an amendment intended to be proposed other purposes; which was ordered to erything that follows through ‘‘Initiative’’ by him to the bill H.R. 4775, making lie on the table; as follows: on line 20, and insert in lieu thereof ‘‘shall be made available for nay of the programs and supplemental appropriations for the At the end of chapter 1 of title I, add the fiscal year ending September 30, 2002, activities identified in clause (i) to improve following: the lives of the Colombian people’’. and for other purposes; which was or- SEC. 103. INCOME LOSS ASSISTANCE. dered to lie on the table; as follows: (a) IN GENERAL.—The Secretary of Agri- SA 3699. Mr. JEFFORDS (for himself On page 97, line 19, strike ‘‘$200,000,000 are culture shall use $1,800,000,000 of funds of the and Mr. SMITH of New Hampshire) sub- rescinded.’’ and insert ‘‘$320,000,000 are re- Commodity Credit Corporation to make mitted an amendment intended to be scinded. emergency financial assistance available to producers on a farm that have incurred proposed by him to the bill H.R. 4775, FEDERAL-AID HIGHWAYS qualifying income losses in calendar year making supplemental appropriations EMERGENCY RELIEF PROGRAM 2001. for the fiscal year ending September 30, (HIGHWAY TRUST FUND) (b) ADMINISTRATION.—The Secretary shall 2002, and for other purposes; which was For an additional amount for the ‘‘EMER- make assistance available under this section ordered to lie on the table; as follows: in the same manner as provided under sec- GENCY RELIEF PROGRAM’’, as authorized by 23 On page 97, strike lines 13 through 19. U.S.C. 125, $120,000,000, to be derived from the tion 815 of the Agriculture, Rural Develop- ment, Food and Drug Administration, and Highway Trust Fund and to remain available SA 3700. Mr. SMITH of Oregon sub- until expended.’’ Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), in- mitted an amendment intended to be SA 3692. Mr. BYRD (for himself, Mr. cluding using the same loss thresholds for proposed by him to the bill H.R. 4775, STEVENS, and Mrs. MURRAY) submitted the quantity and economic losses as were making supplemental appropriations an amendment intended to be proposed used in administering that section. for the fiscal year ending September 30, by him to the bill H.R. 4775, making (c) USE OF FUNDS FOR CASH PAYMENTS.— 2002, and for other purposes; which was The Secretary may use funds made available ordered to lie on the table; as follows: supplemental appropriations for the under this section to make, in a manner con- fiscal year ending September 30, 2002, sistent with this section, cash payments not On page 37, between lines 2 and 3, insert and for other purposes; which was or- for crop disasters, but for income loss to the following: dered to lie on the table; as follows: carry out the purposes of this section. SEC. 307. None of the funds appropriated by this or any other Act may be used to convert On page 97, line 19, strike ‘‘$200,000,000 are SEC. 104. LIVESTOCK ASSISTANCE PROGRAM. the 939th Combat Search and Rescue Wing of (a) IN GENERAL.—The Secretary of Agri- rescinded.’’ and insert ‘‘$220,000,000 are re- the Air Force Reserve, based in Portland, Or- culture shall use $500,000,000 of the funds of scinded. egon, to an Air Refueling Wing or to transfer the Commodity Credit Corporation to make FEDERAL-AID HIGHWAYS any of the aircraft from the 939th Combat and administer payments for livestock losses Search and Rescue Wing out of such Wing. EMERGENCY RELIEF PROGRAM to producers for 2001 losses in a county that (HIGHWAY TRUST FUND) has received an emergency designation by SA 3701. Mr. STEVENS submitted an For an additional amount for the ‘‘EMER- the President or the Secretary after January GENCY RELIEF PROGRAM’’, as authorized by 23 1, 2001, of which $12,000,000 shall be made amendment intended to be proposed by U.S.C. 125, $20,000,000, to be derived from the available for the American Indian livestock him to the bill H.R. 4775, making sup- Highway Trust Fund and to remain available program under section 806 of the Agri- plemental appropriations for the fiscal until expended.’’ culture, Rural Development, Food and Drug year ending September 30, 2002, and for

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.136 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5091 other purposes; which was ordered to rorism, or any portion of such amount, may appointed by the President within 90 days lie on the table; as follows: be obligated and expended instead, at the after the date of enactment of this Act. election of the President, for purposes as fol- (2) CHAIRPERSON AND VICE CHAIRPERSON.— At the appropriate place in the bill, add lows: The President shall designate a chairperson the following: (1) Critical force protection. and vice chairperson from among the mem- SEC..—Notwithstanding any other provi- (2) Homeland defense. sion of law, the Secretary of the Army may bers of the Commission. (c) PERIOD OF APPOINTMENT; VACANCIES.— carry out fencing and access control projects SA 3708. Mr. MCCAIN submitted an Members shall be appointed for the life of in support of installation-wide control meas- amendment intended to be proposed by the Commission. Any vacancy in the Com- ures not otherwise authorized by law using mission shall not affect its powers, but shall appropriations made available in Public Law him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal be filled in the same manner as the original 107–117 under the heading ‘‘Operation and appointment. Maintenance, Army’’. year ending September 30, 2002, and for (d) INITIAL MEETING.—Not later than 30 other purposes; which was ordered to days after the date on which all members of SA 3702. Mr. STEVENS submitted an lie on the table; as follows: the Commission have been appointed, the amendment intended to be proposed by At the end of chapter 5 of title I, add the Commission shall hold its first meeting. him to the bill H.R. 4775, making sup- following: (e) MEETINGS.—The Commission shall meet plemental appropriations for the fiscal SEC. 505. (a) AVAILABILITY OF NATIONAL at the call of the chairperson. year ending September 30, 2002, and for CENTER FOR COMBATTING TERRORISM FUNDS (f) QUORUM.—A majority of the members of other purposes; which was ordered to FOR FORCE PROTECTION AND HOMELAND DE- the Commission shall constitute a quorum, but a lesser number of members may hold lie on the table; as follows: FENSE.—Nothwithstanding any other provi- sion of this chapter, the amount appro- hearings. At the appropriate place in the bill insert priated by this chapter for construction of SEC. ll03. DUTIES OF THE COMMISSION. the text of S. 1713 as ordered favorably re- the National Center for Combatting Ter- (a) DEFINITION.— ported by the Committee on Governmental rorism, or any portion of such amount, may (1) IN GENERAL.—Except as provided in Affairs of the United States Senate on May be obligated and expended instead, at the paragraph (2), the term ‘‘agency’’, as used in 22, 2002. election of the President, for purposes as fol- this section, has the meaning given the term lows: ‘‘executive agency’’ under section 105 of title SA 3703. Mr. MCCAIN (for himself and (1) Critical force protection. 5, United States Code. Mr. FEINGOLD) submitted an amend- (2) Homeland defense. (2) EXCEPTION.—The term ‘‘agency’’ does ment intended to be proposed by him (b) LOCATION FOR NATIONAL CENTER FOR not include the Department of Defense or its to the bill H.R. 4775, making supple- COMBATTING TERRORISM.—If the President subdivisions. mental appropriations for the fiscal elects to construct the National Center for (b) IN GENERAL.—The Commission shall— year ending September 30, 2002, and for Combatting Terrorism using amounts appro- (1) evaluate all agencies and programs within those agencies, using the criteria other purposes; which was ordered to priated by this chapter, the President shall select the location of the National Center for under subsection (c); and lie on the table; as follows: Combatting Terrorism. (2) submit to Congress— On page 73, strike lines 1 through 11. (A) a plan with recommendations of the SA 3709. Mr. INHOFE (for himself agencies and programs that should be re- SA 3704. Mr. MCCAIN submitted an and Mr. NICKLES) submitted an amend- aligned or eliminated; and amendment intended to be proposed by ment intended to be proposed by him (B) proposed legislation to implement the him to the bill H.R. 4775, making sup- to the bill H.R. 4775, making supple- plan under subparagraph (A). plemental appropriations for the fiscal (c) CRITERIA.— mental appropriations for the fiscal (1) DUPLICATIVE.—If 2 or more agencies or year ending September 30, 2002, and for year ending September 30, 2002, and for programs are performing the same essential other purposes; which was ordered to other purposes; which was ordered to function and the function can be consoli- lie on the table; as follows: lie on the table; as follows: dated or streamlined into a single agency or On page 2, strike lines 24 through 26. On page 4, line 5, strike ‘‘$100,000,000’’ and program, the Commission shall recommend insert ‘‘$80,000,000’’. that the agency or program be realigned. SA 3705. Mr. MCCAIN submitted an On page 97, between lines 12 and 13, insert (2) WASTEFUL OR INEFFICIENT.—The Com- amendment intended to be proposed by the following: mission shall recommend the realignment or him to the bill H.R. 4775, making sup- For an additional amount for emergency elimination of any agency or program that plemental appropriations for the fiscal relief under section 125 of title 23, United has wasted Federal funds by— year ending September 30, 2002, and for States Code, $23,000,000, of which $12,000,000 (A) egregious spending; (B) mismanagement of resources and per- other purposes; which was ordered to shall be used for reconstruction of the por- tion of Interstate Route 40 spanning the Ar- sonnel; or lie on the table; as follows: kansas River in the State of Oklahoma that (C) use of such funds for personal benefit or On page 52, strike lines 4 through 9. was destroyed as a result of a barge collision the benefit of a special interest group. that occurred on May 26, 2002. (3) OUTDATED, IRRELEVANT, OR FAILED.—The SA 3706. Mr. MCCAIN submitted an Commission shall recommend the elimi- amendment intended to be proposed by SA 3710. Mr. BROWNBACK (for him- nation of any agency or program that— him to the bill H.R. 4775, making sup- self, Mr. GRAMM, Mr. HELMS, Mr. FITZ- (A) has completed its intended purpose; plemental appropriations for the fiscal GERALD, and Mr. INHOFE) submitted an (B) has become irrelevant; or year ending September 30, 2002, and for amendment intended to be proposed by (C) has failed to meet its objectives. (d) REPORT.— other purposes; which was ordered to him to the bill H.R. 4775, making sup- (1) IN GENERAL.—Not later than 2 years lie on the table; as follows: plemental appropriations for the fiscal after the date of enactment of this Act, the At the end of chapter 5 of title I, add the year ending September 30, 2002, and for Commission shall submit to the President following: other purposes; which was ordered to and Congress a report that includes— SEC. 505. The President shall select the lo- lie on the table; as follows: (A) the plan described under subsection cation of the National Center for Combatting At the appropriate place, insert the fol- (b)(1) with supporting documentation for all Terrorism to be constructed using amounts lowing: recommendations; and appropriated by this chapter. (B) the proposed legislation described TITLE ll—COMMISSION ON THE AC- under subsection (b)(2). COUNTABILITY AND REVIEW OF FED- SA 3707. Mr. MCCAIN submitted an (2) USE OF SAVINGS.—The proposed legisla- amendment intended to be proposed by ERAL AGENCIES tion under paragraph (1)(B) shall provide him to the bill H.R. 4775, making sup- SEC. ll01. SHORT TITLE. that all funds saved by the implementation plemental appropriations for the fiscal This title may be cited as the ‘‘Commis- of the plan under paragraph (1)(A) shall be sion on the Accountability and Review of used to support other domestic programs. year ending September 30, 2002, and for Federal Agencies Act’’. (3) RELOCATION OF FEDERAL EMPLOYEES.— other purposes; which was ordered to SEC. ll02. ESTABLISHMENT OF COMMISSION. The proposed legislation under paragraph lie on the table; as follows: (a) ESTABLISHMENT.—There is established (1)(B) shall provide that if the position of an At the end of chapter 5 of title I, add the the Commission on the Accountability and employee of an agency is eliminated as a re- following: Review of Federal Agencies (hereafter in this sult of the implementation of the plan under SEC. 505. Notwithstanding any other provi- title referred to as the ‘‘Commission’’). paragraph (1)(A), the affected agency shall sion of this chapter, the amount appro- (b) MEMBERSHIP.— make reasonable efforts to relocate such em- priated by this chapter for construction of (1) IN GENERAL.—The Commission shall ployee to another position within the agency the National Center for Combatting Ter- consist of 12 members, all of whom shall be or within another Federal agency.

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POWERS OF THE COMMISSION. fix the compensation of the executive direc- immediately discharged from further consid- (a) HEARINGS.—The Commission or, at its tor and other personnel without regard to eration of such bill, and upon being reported direction, any subcommittee or member of chapter 51 and subchapter III of chapter 53 of or discharged from the committee, such bill the Commission, may, for the purpose of car- title 5, United States Code, relating to clas- shall be placed on the appropriate calendar. rying out this title— sification of positions and General Schedule (c) FLOOR CONSIDERATION.— (1) hold such hearings, sit and act at such pay rates, except that the rate of pay for the (1) IN GENERAL.—When the committee to times and places, take such testimony, re- executive director and other personnel may which an implementation bill is referred has ceive such evidence, and administer such not exceed the maximum rate payable for a reported, or has been discharged under sub- oaths as any member of the Commission con- position at GS–15 of the General Schedule section (b)(3), it is at any time thereafter in siders advisable; under section 5332 of such title. order (even though a previous motion to the (2) require, by subpoena or otherwise, the (3) PERSONNEL AS FEDERAL EMPLOYEES.— same effect has been disagreed to) for any attendance and testimony of such witnesses (A) IN GENERAL.—The executive director Member of the respective House to move to as any member of the Commission considers and any personnel of the Commission who proceed to the consideration of the imple- advisable; and are employees shall be employees under sec- mentation bill, and all points of order (3) require, by subpoena or otherwise, the tion 2105 of title 5, United States Code, for against the implementation bill (and against production of such books, records, cor- purposes of chapters 63, 81, 83, 84, 85, 87, 89, consideration of the implementation bill) are respondence, memoranda, papers, docu- and 90 of that title. waived. The motion is highly privileged in ments, tapes, and other evidentiary mate- (B) MEMBERS OF COMMISSION.—Subpara- the House of Representatives and is privi- rials relating to any matter under investiga- graph (A) shall not be construed to apply to leged in the Senate and is not debatable. The tion by the Commission. members of the Commission. motion is not subject to amendment, or to a (b) ISSUANCE AND ENFORCEMENT OF SUB- (d) DETAIL OF GOVERNMENT EMPLOYEES.— motion to postpone, or to a motion to pro- POENAS.— Any Federal Government employee may be ceed to the consideration of other business. (1) ISSUANCE.—Subpoenas issued under sub- detailed to the Commission without reim- A motion to reconsider the vote by which section (a) shall bear the signature of the bursement, and such detail shall be without the motion is agreed to or disagreed to shall chairperson of the Commission and shall be interruption or loss of civil service status or not be in order. If a motion to proceed to the served by any person or class of persons des- privilege. consideration of the implementation bill is ignated by the chairperson for that purpose. (e) PROCUREMENT OF TEMPORARY AND agreed to, the implementation bill shall re- (2) ENFORCEMENT.—In the case of contu- INTERMITTENT SERVICES.—The chairperson of main the unfinished business of the respec- macy or failure to obey a subpoena issued the Commission may procure temporary and tive House until disposed of. under subsection (a), the United States dis- intermittent services under section 3109(b) of (2) AMENDMENTS.—An implementation bill trict court for the judicial district in which title 5, United States Code, at rates for indi- may not be amended in the Senate or the the subpoenaed person resides, is served, or viduals which do not exceed the daily equiva- House of Representatives. may be found, may issue an order requiring lent of the annual rate of basic pay pre- (3) DEBATE.—Debate on the implementa- such person to appear at any designated scribed for level V of the Executive Schedule tion bill, and on all debatable motions and place to testify or to produce documentary under section 5316 of such title. appeals in connection therewith, shall be limited to not more than 10 hours, which or other evidence. Any failure to obey the SEC. ll06. TERMINATION OF THE COMMISSION. shall be divided equally between those favor- order of the court may be punished by the The Commission shall terminate 90 days ing and those opposing the resolution. A mo- court as a contempt of that court. after the date on which the Commission sub- (c) INFORMATION FROM FEDERAL AGEN- tion further to limit debate is in order and mits the report under section ll03(d). CIES.—The Commission may secure directly not debatable. An amendment to, or a mo- from any Federal department or agency such SEC. ll07. CONGRESSIONAL CONSIDERATION tion to postpone, or a motion to proceed to information as the Commission considers OF REFORM PROPOSALS. the consideration of other business, or a mo- necessary to carry out this title. Upon re- (a) DEFINITIONS.—In this section— tion to recommit the implementation bill is quest of the chairperson of the Commission, (1) the term ‘‘implementation bill’’ means not in order. A motion to reconsider the vote the head of such department or agency shall only a bill which is introduced as provided by which the implementation bill is agreed furnish such information to the Commission. under subsection (b), and contains the pro- to or disagreed to is not in order. (d) POSTAL SERVICES.—The Commission posed legislation included in the report sub- (4) VOTE ON FINAL PASSAGE.—Immediately may use the United States mails in the same mitted to Congress under section ll03, following the conclusion of the debate on an manner and under the same conditions as without modification; and implementation bill, and a single quorum other departments and agencies of the Fed- (2) the term ‘‘calendar day’’ means a cal- call at the conclusion of the debate if re- eral Government. endar day other than 1 on which either quested in accordance with the rules of the (e) GIFTS.—The Commission may accept, House is not in session because of an ad- appropriate House, the vote on final passage use, and dispose of gifts or donations of serv- journment of more than 3 days to a date cer- of the implementation bill shall occur. ices or property. tain. (5) RULINGS OF THE CHAIR ON PROCEDURE.— SEC. ll05. COMMISSION PERSONNEL MATTERS. (b) INTRODUCTION; REFERRAL; AND REPORT Appeals from the decisions of the Chair re- (a) COMPENSATION OF MEMBERS.— OR DISCHARGE.— lating to the application of the rules of the (1) NON-FEDERAL MEMBERS.—Except as pro- (1) INTRODUCTION.—On the first calendar Senate or the House of Representatives, as vided under subsection (b), each member of day on which both Houses are in session, on the case may be, to the procedure relating to the Commission who is not an officer or em- or immediately following the date on which an implementation bill shall be decided ployee of the Federal Government shall not the report is submitted to Congress under without debate. be compensated. section ll03, a single implementation bill (d) COORDINATION WITH ACTION BY OTHER (2) FEDERAL OFFICERS OR EMPLOYEES.—All shall be introduced (by request)— HOUSE.—If, before the passage by 1 House of members of the Commission who are officers (A) in the Senate by the Majority Leader an implementation bill of that House, that or employees of the United States shall serve of the Senate, for himself and the Minority House receives from the other House an im- without compensation in addition to that re- Leader of the Senate, or by Members of the plementation bill, then the following proce- ceived for their services as officers or em- Senate designated by the Majority Leader dures shall apply: ployees of the United States. and Minority Leader of the Senate; and (1) NONREFERRAL.—The implementation (b) TRAVEL EXPENSES.—The members of (B) in the House of Representatives by the bill of the other House shall not be referred the Commission shall be allowed travel ex- Speaker of the House of Representatives, for to a committee. penses, including per diem in lieu of subsist- himself and the Minority Leader of the (2) VOTE ON BILL OF OTHER HOUSE.—With re- ence, at rates authorized for employees of House of Representatives, or by Members of spect to an implementation bill of the House agencies under subchapter I of chapter 57 of the House of Representatives designated by receiving the implementation bill— title 5, United States Code, while away from the Speaker and Minority Leader of the (A) the procedure in that House shall be their homes or regular places of business in House of Representatives. the same as if no implementation bill had the performance of services for the Commis- (2) REFERRAL.—The implementation bills been received from the other House; but sion. introduced under paragraph (1) shall be re- (B) the vote on final passage shall be on (c) STAFF.— ferred to any appropriate committee of juris- the implementation bill of the other House. (1) IN GENERAL.—The chairperson of the diction in the Senate and any appropriate (e) RULES OF THE SENATE AND THE HOUSE OF Commission may, without regard to the civil committee of jurisdiction in the House of REPRESENTATIVES.—This section is enacted service laws and regulations, appoint and Representatives. A committee to which an by Congress— terminate an executive director and such implementation bill is referred under this (1) as an exercise of the rulemaking power other additional personnel as may be nec- paragraph may report such bill to the respec- of the Senate and House of Representatives, essary to enable the Commission to perform tive House without amendment. respectively, and as such it is deemed a part its duties. The employment of an executive (3) REPORT OR DISCHARGE.—If a committee of the rules of each House, respectively, but director shall be subject to confirmation by to which an implementation bill is referred applicable only with respect to the procedure the Commission. has not reported such bill by the end of the to be followed in that House in the case of an (2) COMPENSATION.—Upon the approval of 15th calendar day after the date of the intro- implementation bill described in subsection the chairperson, the executive director may duction of such bill, such committee shall be (a), and it supersedes other rules only to the

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.135 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5093

extent that it is inconsistent with such On page 69, after line 23, add the following: SEC. . (a) For the purpose of section rules; and SEC. 605. Not later than 45 days after the 101(a)(1) of the Air Transportation Safety (2) with full recognition of the constitu- date of the enactment of this Act, the Presi- and System Stabilization Act of 2001 (P.L. tional right of either House to change the dent shall transmit to the Committee on Ap- 107–42), the term ‘‘air carrier’’ as defined in rules (so far as relating to the procedure of propriations and the Committee on Inter- that Act and in title 49 USC 40102 shall in- that House) at any time, in the same man- national Relations of the House of Rep- clude manufacturers of small jet turbofan ner, and to the same extent as in the case of resentatives and the Committee on Appro- aircraft that will— any other rule of that House. priations and the Committee on Foreign Re- (1) have 8 passenger seats or fewer, SEC. ll08. AUTHORIZATION OF APPROPRIA- lations of the Senate a report setting forth a (2) will be certified by the Federal Aviation TIONS. strategy for meeting the immediate and Administration under 14 C.F.R. Part 23, There are authorized to be appropriated long-term security needs of Afghanistan in (3) utilize avionics compatible with the lat- such sums as may be necessary for each of order to promote safe and effective delivery est Federal Aviation Administration air traf- fiscal years 2002 through 2005 for carrying of humanitarian and other assistance fic control technology initiatives, and out this title. throughout Afghanistan, further the rule of (4) be designed to provide service to rural, law and civil order, and support the forma- small and medium-sized underserved commu- SA 3711. Mr. GRAMM submitted an tion of a functioning, representative Afghan nities. amendment intended to be proposed by national government. (b) For purposes of this section, and sub- him to the bill H.R. 4775, making sup- ject to such terms and conditions as the Sec- SA 3717. Mr. LEAHY submitted an retary deems necessary, the Secretary of the plemental appropriations for the fiscal amendment intended to be proposed by Treasury shall, within amounts available to year ending September 30, 2002, and for him to the bill H.R. 4775, making sup- carry out the Air Transportation Safety and other purposes; which was ordered to plemental appropriations for the fiscal System Stabilization Act of 2001, issue credit lie on the table; as follows: year ending September 30, 2002, and for instruments to the manufactures of small jet Strike all from page 98, line 19 through other purposes; which was ordered to turbofan aircraft as defined in subsection (a) page 99, line 2 and insert the following: lie on the table; as follows: that do not in the aggregate, exceed $50,000,000 and provide the subsidy amounts ‘‘For an additional amount for the Na- On page 55, strike lines 10 through 19, and tional Railroad Passenger Corporation for insert the following: necessary for such instruments in accord- emergency expenses to ensure the safety of ance with the provisions of the Federal Cred- For an additional amount for the ‘‘Child it Reform Act of 1990 (2 U.S.C. 661 et seq.) rail passenger operations, $12,000,000 shall be Survival and Health Programs Fund’’, used for emergency security needs.’’ $500,000,000, to remain available until ex- SA 3719. Mr. DOMENICI (for himself pended: Provided, That such funds shall be SA 3712. Mr. GRAMM submitted an made available only for programs for the and Mr. BINGAMAN) submitted an amendment intended to be proposed by prevention, treatment, and control of, and amendment intended to be proposed by him to the bill H.R. 4775, making sup- research on, HIV/AIDS: Provided further, him to the bill H.R. 4775, making sup- plemental appropriations for the fiscal That special emphasis shall be given to as- plemental appropriations for the fiscal year ending September 30, 2002, and for sistance directed at the prevention of trans- year ending September 30, 2002, and for other purposes; which was ordered to mission of HIV/AIDS from mother to child, other purposes; which was ordered to lie on the table; as follows: including medications to prevent such trans- lie on the table; as follows: mission: Provided further, That of the funds On page 2, strike all from line 24 through appropriated by this paragraph, the Presi- At the appropriate place, insert the fol- line 26. dent shall make at least a $100,000,000 con- lowing: tribution to the Global Fund to Fight AIDS, SEC. . LOAN GUARANTEE. SA 3713. Mr. GRAMM submitted an Tuberculosis, and Malaria: Provided further, (a) IN GENERAL.—Notwithstanding any amendment intended to be proposed by That funds appropriated by this paragraph, other provision of law, subject to such terms him to the bill H.R. 4775, making sup- other than those made available as a con- and conditions as the Secretary deems nec- plemental appropriations for the fiscal tribution to the Global Fund, may be made essary, there are hereby appropriated such year ending September 30, 2002, and for available for a project or activity only if sums as may be necessary, the Secretary other purposes; which was ordered to such funds are matched at least equally, in- shall issue credit instruments to manufac- turers of small jet turbofan aircraft that do lie on the table; as follows: cluding on an in-kind basis, from sources other than the United States Government: not in the aggregate, exceed $50,000,000 and On page 2, strike all from line 16 through Provided further, That funds appropriated by provide the subsidy amounts necessary for line 23. this paragraph may be made available not- such instruments in accordance with the withstanding any other provision of law, in- provisions of the Federal Credit Reform Act SA 3714. Mr. GRAMM submitted an cluding section 10 of Public Law 91–672: Pro- of 1990 (2 U.S.C. 661 et seq.). amendment intended to be proposed by vided further, That not more than seven per- (b) The Secretary shall enter into agree- him to the bill H.R. 4775, making sup- cent of the amount of the funds appropriated ments with 1 or more obligors to issue Fed- plemental appropriations for the fiscal by this paragraph, in addition to funds oth- eral credit instruments under subsection (a) year ending September 30, 2002, and for erwise available for such purpose, may be if the Secretary determines, at his discre- other purposes; which was ordered to made available for the administrative costs tion, that— (1) the obligor is a manufacturer of small lie on the table; as follows: of United States Government agencies in carrying out programs funded under this jet turbofan aircraft for which credit is not On page 71, strike all from the comma at paragraph: Provided further, That the entire reasonably available at the time of the the end of line 8 through the word ‘‘Center’’ amount is designated by the Congress as an transactions; and on line 12. emergency requirement pursuant to section (2) the intended obligation by the obligor is 251(b)(2)(A) of the Balanced Budget and prudently incurred. SA 3715. Mr. LEAHY (for himself and Emergency Deficit Control Act of 1985, as (c) TERMS AND LIMITATIONS.— Mr. MCCONNELL) submitted an amend- amended: Provided further, That the entire (1) FORMS; TERMS AND CONDITIONS.—A Fed- ment intended to be proposed by him amount shall be available only to the extent eral credit instrument shall be issued under to the bill H.R. 4775, making supple- that an official budget request that includes subsection (a) in such form and on such mental appropriations for the fiscal designation of the entire amount as an emer- terms and conditions and contain such cov- enants, representations, warranties, and re- year ending September 30, 2002, and for gency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and quirements (including requirements for au- other purposes; which was ordered to Emergency Deficit Control Act of 1985, as dits) as the Secretary determines appro- lie on the table; as follows: amended, is transmitted by the President to priate. On page 63, line 12, strike ‘‘ownership share Congress. (2) PROCEDURES.—Not later than 14 days of’’ and insert in lieu thereof ‘‘financial in- after the date of enactment of this Act, the terest in’’. SA 3718. Mr. DOMENICI (for himself Director of the Office of Management and and Mr. BINGAMAN) submitted an Budget shall issue regulations setting forth SA 3716. Mr. LEAHY (for himself and amendment intended to be proposed by procedures for application and minimum re- Mrs. FEINSTEIN) submitted an amend- him to the bill H.R. 4775, making sup- quirements, which may be supplied by the ment intended to be proposed by him plemental appropriations for the fiscal Secretary at his discretion, for the issuance to the bill H.R. 4775, making supple- of Federal credit instruments under sub- year ending September 30, 2002, and for section (a). mental appropriations for the fiscal other purposes; which was ordered to (d) FINANCIAL PROTECTION OF GOVERN- year ending September 30, 2002, and for lie on the table; as follows: MENT.— other purposes; which was ordered to At the appropriate place insert the fol- (1) IN GENERAL.—To the extent feasible and lie on the table; as follows: lowing: practicable, as provided in paragraphs (2) and

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.135 pfrm04 PsN: S05PT2 S5094 CONGRESSIONAL RECORD — SENATE June 5, 2002 (3), the Secretary shall ensure that the Gov- paragraph, in addition to funds otherwise and for other purposes; which was or- ernment is compensated for the risk assumed available for such purpose, may be made dered to lie on the table; as follows: in making guarantees under this Act. available for the administrative costs of At the end, insert the following: (2) GOVERNMENT PARTICIPATION IN GAINS.— United States Government agencies in car- For an additional amount for the ‘‘Child To the extent to which any participating rying out programs funded under this para- Survival and Health Programs Fund’’, corporation accepts financial assistance, in graph: Provided further, That the entire $500,000,000, to remain available until ex- the form of accepting the proceeds of any amount is designated by the Congress as an pended: Provided, That such funds shall be loans guaranteed by the Government under emergency requirement pursuant to section made available only for programs for the this Act, the Board is authorized to enter 251(b)(2)(A) of the Balanced Budget and prevention, treatment, and control of, and into contracts under which the Government, Emergency Deficit Control Act of 1985, as research on, HIV/AIDS: Provided further, contingent on the financial success of the amended: Provided further, That the entire That special emphasis shall be given to as- participating corporation, would participate amount shall be available only to the extent sistance directed at the prevention of trans- in the gains of the participating corporation that an official budget request that includes mission of HIV/AIDS from mother to child, or its security holders through the use of designation of the entire amount as an emer- including medications to prevent such trans- such instruments as warrants, stock options, gency requirement pursuant to section mission: Provided further, That of the funds common or preferred stock, or other appro- 251(b)(2)(A) of the Balanced Budget and appropriated by this paragraph, the Presi- priate equity instruments. Emergency Deficit Control Act of 1985, as dent, in consultation with the Secretary of (3) DEPOSIT IN TREASURY.—All amounts col- amended, is transmitted by the President to State, may make such contribution as the lected by the Secretary of the Treasury Congress. President considers appropriate to the Glob- under this subsection shall be deposited in al Fund to Fight AIDS, Tuberculosis, and the Treasury as miscellaneous receipts. SA 3721. Mr. FRIST (for Mr. HELMS Malaria to be used for any of the purposes of (e) DEFINITIONS.—In this Act, the term (for himself, Mr. FRIST, Mr. KERRY, Mr. the Global Fund: Provided further, That funds ‘‘small jet turbofan aircraft manufacturer’’ WARNER, Mr. DEWINE, Mr. SMITH of Or- appropriated by this paragraph, other than means a person that manufactures small jet egon, and Mr. BIDEN)) submitted an those made available as a contribution to turbofan aircraft that will— amendment intended to be proposed by the Global Fund, shall not exceed the total (1) have 8 passenger seats or fewer, resources provided, including on an in-kind (2) will be certified by the Federal Aviation Mr. FRIST to the bill H.R. 4775, making supplemental appropriations for the basis, from other donors: Provided further, Administration under 14 C.F.R. Part 23, That not more than seven percent of the (3) utilize avionics compatible with the lat- fiscal year ending September 30, 2002, amount of the funds appropriated by this est Federal Aviation Administration air traf- and for other purposes; which was or- paragraph, in addition to funds otherwise fic control technology initiatives, and dered to lie on the table; as follows: available for such purpose, may be made (4) be designed to provide service to rural, At the end, insert the following: available for the administrative costs of small and medium sized underserved commu- For an additional amount for the ‘‘Child United States Government agencies in car- nities. Survival and Health Programs Fund’’, rying out programs funded under this para- (f) Provided, That the entire amount shall $500,000,000, to remain available until March graph: Provided further, That the entire be available only to the extent an official 31, 2003: Provided, That such funds shall be amount is designated by the Congress as an budget request, that includes designation of made available only for programs for the emergency requirement pursuant to section the entire amount of the request as an emer- prevention, treatment, and control of, and 251(b)(2)(A) of the Balanced Budget and gency requirement as defined in the Bal- research on, HIV/AIDS: Provided further, Emergency Deficit Control Act of 1985, as anced Budget and Emergency Deficit Control That special emphasis shall be given to as- amended: Provided further, That the entire Act of 1985, as amended, is transmitted by sistance directed at the prevention of trans- amount shall be available only to the extent the President to the Congress: Provided fur- mission of HIV/AIDS from mother to child, that an official budget request that includes ther, That the entire amount is designated including medications to prevent such trans- designation of the entire amount as an emer- by the Congress as an emergency require- mission: Provided further, That of the funds gency requirement pursuant to section ment pursuant to section 251(b)(2)(A) of the appropriated by this paragraph, the Presi- 251(b)(2)(A) of the Balanced Budget and Balanced Budget and Emergency Deficit dent, in consultation with the Secretary of Emergency Deficit Control Act of 1985, as Control Act of 1985, as amended. State, may make such contribution as the amended, is transmitted by the President to President considers appropriate to the Glob- Congress. SA 3720. Mr. FRIST (for Mr. HELMS al Fund to Fight AIDS, Tuberculosis, and (for himself, Mr. FRIST, Mr. KERRY, Mr. Malaria to be used for any of the purposes of SA 3723. Mr. FRIST (for Mr. HELMS WARNER, Mr. DEWINE, Mr. SMITH of Or- the Global Fund: Provided further, That funds (for himself, Mr. FRIST, Mr. KERRY, Mr. egon, and Mr. BIDEN)) submitted an appropriated by this paragraph, other than WARNER, Mr. DEWINE, Mr. SMITH of Or- amendment intended to be proposed by those made available as a contribution to egon, and Mr. BIDEN)) submitted an Mr. FRIST to the bill H.R. 4775, making the Global Fund, shall not exceed the total amendment intended to be proposed by supplemental appropriations for the resources provided, including on an in-kind Mr. FRIST to the bill H.R. 4775, making fiscal year ending September 30, 2002, basis, from other donors: Provided further, supplemental appropriations for the That not more than seven percent of the and for other purposes; which was or- amount of the funds appropriated by this fiscal year ending September 30, 2002, dered to lie on the table; as follows: paragraph, in addition to funds otherwise and for other purposes; which was or- In lieu of the matter proposed to be in- available for such purpose, may be made dered to lie on the table; as follows: serted, insert the following: available for the administrative costs of In lieu of the matter proposed to be in- For an additional amount for the ‘‘Child United States Government agencies in car- serted, insert the following: Survival and Health Programs Fund’’, rying out programs funded under this para- For an additional amount for the ‘‘Child $500,000,000, to remain available until March graph: Provided further, That the entire Survival and Health Programs Fund’’, 31, 2003: Provided, That such funds shall be amount is designated by the Congress as an $500,000,000, to remain available until ex- made available only for programs for the emergency requirement pursuant to section pended: Provided, That such funds shall be prevention, treatment, and control of, and 251(b)(2)(A) of the Balanced Budget and made available only for programs for the research on, HIV/AIDS: Provided further, Emergency Deficit Control Act of 1985, as prevention, treatment, and control of, and That special emphasis shall be given to as- amended: Provided further, That the entire research on, HIV/AIDS: Provided further, sistance directed at the prevention of trans- amount shall be available only to the extent That special emphasis shall be given to as- mission of HIV/AIDS from mother to child, that an official budget request that includes sistance directed at the prevention of trans- including medications to prevent such trans- designation of the entire amount as an emer- mission of HIV/AIDS from mother to child, mission: Provided further, That of the funds gency requirement pursuant to section including medications to prevent such trans- appropriated by this paragraph, the Presi- 251(b)(2)(A) of the Balanced Budget and mission: Provided further, That of the funds dent, in consultation with the Secretary of Emergency Deficit Control Act of 1985, as appropriated by this paragraph, the Presi- State, may make such contribution as the amended, is transmitted by the President to dent, in consultation with the Secretary of President considers appropriate to the Glob- Congress. State, may make such contribution as the al Fund to Fight AIDS, Tuberculosis, and President considers appropriate to the Glob- Malaria to be used for any of the purposes of SA 3722. Mr. FRIST (for Mr. HELMS al Fund to Fight AIDS, Tuberculosis, and the Global Fund: Provided further, That funds (for himself, Mr. FRIST, Mr. KERRY, Mr. Malaria to be used for any of the purposes of appropriated by this paragraph, other than WARNER, Mr. DEWINE, Mr. SMITH of Or- the Global Fund: Provided further, That funds those made available as a contribution to appropriated by this paragraph, other than egon, and Mr. BIDEN)) submitted an the Global Fund, shall not exceed the total those made available as a contribution to resources provided, including on an in-kind amendment intended to be proposed by the Global Fund, shall not exceed the total basis, from other donors: Provided further, Mr. FRIST to the bill H.R. 4775, making resources provided, including on an in-kind That not more than seven percent of the supplemental appropriations for the basis, from other donors: Provided further, amount of the funds appropriated by this fiscal year ending September 30, 2002, That not more than seven percent of the

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.148 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5095 amount of the funds appropriated by this fiscal year ending September 30, 2002, ductions of employees) is amended by adding paragraph, in addition to funds otherwise and for other purposes; which was or- at the end the following new subparagraph: available for such purpose, may be made dered to lie on the table; as follows: ‘‘(D) CERTAIN EXPENSES OF MEMBERS OF RE- available for the administrative costs of SERVE COMPONENTS OF THE ARMED FORCES OF On page 55, strike lines 10 through 19, and United States Government agencies in car- THE UNITED STATES.—The deductions allowed rying out programs funded under this para- insert the following: by section 162 which consist of expenses paid For an additional amount for the ‘‘Child graph: Provided further, That the entire or incurred by the taxpayer in connection Survival and Health Programs Fund’’, amount is designated by the Congress as an with the performance of services by such $500,000,000, to remain available until ex- emergency requirement pursuant to section taxpayer as a member of a reserve compo- pended: Provided, That such funds shall be 251(b)(2)(A) of the Balanced Budget and nent of the Armed Forces of the United made available only for programs for the Emergency Deficit Control Act of 1985, as States.’’. prevention, treatment, and control of, and amended: Provided further, That the entire (c) EFFECTIVE DATE.—The amendments research on, HIV/AIDS: Provided further, amount shall be available only to the extent made by this section shall apply to amounts That special emphasis shall be given to as- that an official budget request that includes paid or incurred in taxable years beginning sistance directed at the prevention of trans- designation of the entire amount as an emer- after December 31, 2002. gency requirement pursuant to section mission of HIV/AIDS from mother to child, including medications to prevent such trans- SEC. ll. CREDIT FOR EMPLOYMENT OF RE- 251(b)(2)(A) of the Balanced Budget and SERVE COMPONENT PERSONNEL. Emergency Deficit Control Act of 1985, as mission: Provided further, That of the funds appropriated by this paragraph, the Presi- (a) IN GENERAL.—Subpart D of part IV of amended, is transmitted by the President to subchapter A of chapter 1 of the Internal Congress. dent, in consultation with the Secretary of State, may make such contribution as the Revenue Code of 1986 (relating to business-re- lated credits) is amended by adding at the SA 3724. Mr. FRIST (for Mr. HELMS President considers appropriate to the Glob- end the following new section: (for himself, Mr. FRIST, Mr. KERRY, Mr. al Fund to Fight AIDS, Tuberculosis, and ‘‘SEC. 45G. RESERVE COMPONENT EMPLOYMENT WARNER, Mr. DEWINE, Mr. SMITH of Or- Malaria to be used for any of the purposes of the Global Fund: Provided further, That funds CREDIT. egon, and Mr. BIDEN)) submitted an appropriated by this paragraph, other than ‘‘(a) GENERAL RULE.—For purposes of sec- amendment intended to be proposed by those made available as a contribution to tion 38, the reserve component employment Mr. FRIST to the bill H.R. 4775, making the Global Fund, shall not exceed the total credit determined under this section is an supplemental appropriations for the resources provided, including on an in-kind amount equal to the sum of— fiscal year ending September 30, 2002, basis, from other donors: Provided further, ‘‘(1) the employment credit with respect to and for other purposes; which was or- That not more than seven percent of the all qualified employees of the taxpayer, plus dered to lie on the table; as follows: amount of the funds appropriated by this ‘‘(2) the self-employment credit of a quali- fied self-employed taxpayer. On page 55, strike lines 10 through 19, and paragraph, in addition to funds otherwise ‘‘(b) EMPLOYMENT CREDIT.—For purposes of insert the following: available for such purpose, may be made For an additional amount for the ‘‘Child available for the administrative costs of this section— Survival and Health Programs Fund’’, United States Government agencies in car- ‘‘(1) IN GENERAL.—The employment credit $500,000,000, to remain available until March rying out programs funded under this para- with respect to a qualified employee of the 31, 2003: Provided, That such funds shall be graph: Provided further, That the entire taxpayer for any taxable year is equal to 50 made available only for programs for the amount is designated by the Congress as an percent of the amount of qualified compensa- prevention, treatment, and control of, and emergency requirement pursuant to section tion that would have been paid to the em- research on, HIV/AIDS: Provided further, 251(b)(2)(A) of the Balanced Budget and ployee with respect to all periods during That special emphasis shall be given to as- Emergency Deficit Control Act of 1985, as which the employee participates in qualified sistance directed at the prevention of trans- amended: Provided further, That the entire reserve component duty to the exclusion of mission of HIV/AIDS from mother to child, amount shall be available only to the extent normal employment duties, including time including medications to prevent such trans- that an official budget request that includes spent in a travel status had the employee mission: Provided further, That of the funds designation of the entire amount as an emer- not been participating in qualified reserve appropriated by this paragraph, the Presi- gency requirement pursuant to section component duty. The employment credit, dent, in consultation with the Secretary of 251(b)(2)(A) of the Balanced Budget and with respect to all qualified employees, is State, may make such contribution as the Emergency Deficit Control Act of 1985, as equal to the sum of the employment credits President considers appropriate to the Glob- amended, is transmitted by the President to for each qualified employee under this sub- al Fund to Fight AIDS, Tuberculosis, and Congress. section. Malaria to be used for any of the purposes of ‘‘(2) QUALIFIED COMPENSATION.—When used the Global Fund: Provided further, That funds SA 3726. Mr. DEWINE (for himself with respect to the compensation paid or appropriated by this paragraph, other than and Mr. CLELAND) submitted an amend- that would have been paid to a qualified em- those made available as a contribution to ment intended to be proposed by him ployee for any period during which the em- the Global Fund, shall not exceed the total ployee participates in qualified reserve com- to the bill H.R. 4775, making supple- ponent duty, the term ‘qualified compensa- resources provided, including on an in-kind mental appropriations for the fiscal basis, from other donors: Provided further, tion’ means compensation— year ending September 30, 2002, and for ‘‘(A) which is normally contingent on the That not more than seven percent of the other purposes; which was ordered to amount of the funds appropriated by this employee’s presence for work and which paragraph, in addition to funds otherwise lie on the table; as follows: would be deductible from the taxpayer’s available for such purpose, may be made At the appropriate place, insert the fol- gross income under section 162(a)(1) if the available for the administrative costs of lowing: employee were present and receiving such United States Government agencies in car- SEC. ll. DEDUCTION OF CERTAIN EXPENSES OF compensation, and rying out programs funded under this para- MEMBERS OF THE RESERVE COMPO- ‘‘(B) which is not characterized by the tax- graph: Provided further, That the entire NENT. payer as vacation or holiday pay, or as sick amount is designated by the Congress as an (a) DEDUCTION ALLOWED.—Section 162 of leave or pay, or as any other form of pay for emergency requirement pursuant to section the Internal Revenue Code of 1986 (relating a nonspecific leave of absence, and with re- 251(b)(2)(A) of the Balanced Budget and to certain trade or business expenses) is spect to which the number of days the em- Emergency Deficit Control Act of 1985, as amended by redesignating subsection (p) as ployee participates in qualified reserve com- amended: Provided further, That the entire subsection (q) and inserting after subsection ponent duty does not result in any reduction amount shall be available only to the extent (o) the following new subsection: in the amount of vacation time, sick leave, that an official budget request that includes ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS or other nonspecific leave previously cred- designation of the entire amount as an emer- OF RESERVE COMPONENT OF ARMED FORCES OF ited to or earned by the employee. gency requirement pursuant to section THE UNITED STATES.—For purposes of sub- ‘‘(3) QUALIFIED EMPLOYEE.—The term 251(b)(2)(A) of the Balanced Budget and section (a), in the case of an individual who ‘qualified employee’ means a person who— Emergency Deficit Control Act of 1985, as performs services as a member of a reserve ‘‘(A) has been an employee of the taxpayer amended, is transmitted by the President to component of the Armed Forces of the for the 21-day period immediately preceding Congress. United States at any time during the taxable the period during which the employee par- year, such individual shall be deemed to be ticipates in qualified reserve component SA 3725. Mr. FRIST (for Mr. HELMS away from home in the pursuit of a trade or duty, and (for himself, Mr. FRIST, Mr. KERRY, Mr. business during any period for which such in- ‘‘(B) is a member of the Ready Reserve of dividual is away from home in connection a reserve component of an Armed Force of WARNER, Mr. DEWINE, Mr. SMITH of Or- with such service.’’. the United States as defined in sections 10142 IDEN egon, and Mr. B )) submitted an (b) DEDUCTION ALLOWED WHETHER OR NOT and 10101 of title 10, United States Code. amendment intended to be proposed by TAXPAYER ELECTS TO ITEMIZE.—Section ‘‘(c) SELF-EMPLOYMENT CREDIT.— Mr. FRIST to the bill H.R. 4775, making 62(a)(2) of the Internal Revenue Code of 1986 ‘‘(1) IN GENERAL.—The self-employment supplemental appropriations for the (relating to certain trade and business de- credit of a qualified self-employed taxpayer

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.145 pfrm04 PsN: S05PT2 S5096 CONGRESSIONAL RECORD — SENATE June 5, 2002 for any taxable year is equal to 50 percent of spect to a violation of chapter 43 of such him to the bill H.R. 4775, making sup- the excess, if any, of— title, and plemental appropriations for the fiscal ‘‘(A) the self-employed taxpayer’s average ‘‘(B) the two succeeding taxable years. year ending September 30, 2002, and for daily self-employment income for the tax- ‘‘(3) DISALLOWANCE WITH RESPECT TO PER- other purposes; which was ordered to able year over SONS ORDERED TO ACTIVE DUTY FOR TRAIN- ‘‘(B) the average daily military pay and al- ING.—No credit shall be allowed under sub- lie on the table; as follows: lowances received by the taxpayer during the section (a) to a taxpayer with respect to any In chapter 9 of title I, insert after the text taxable year, while participating in qualified period for which the person on whose behalf relating to the Library of Congress the fol- reserve component duty to the exclusion of the credit would otherwise be allowable is lowing: the taxpayer’s normal self-employment du- called or ordered to active duty for any of OFFICE OF TECHNOLOGY ASSESSMENT ties for the number of days the taxpayer par- the following types of duty: For necessary expenses of the Office of ticipates in qualified reserve component ‘‘(A) active duty for training under any Technology Assessment, as authorized by duty during the taxable year, including time provision of title 10, United States Code, section 12(a) of Public Law 92–484 (2 U.S.C. spent in a travel status. ‘‘(B) training at encampments, maneuvers, 481(a)), $1,000,000, to be available for assess- ‘‘(2) AVERAGE DAILY SELF-EMPLOYMENT IN- outdoor target practice, or other exercises ments of the technology requirements and COME AND AVERAGE DAILY MILITARY PAY AND under chapter 5 of title 32, United States priorities of the committees of Congress with ALLOWANCES.—As used with respect to a self- Code, or respect to the war on terrorism and home- employed taxpayer— ‘‘(C) full-time National Guard duty, as de- land security, with such assessments to be ‘‘(A) the term ‘average daily self-employ- fined in section 101(d)(5) of title 10, United carried out in consultation with the commit- ment income’ means the self-employment in- States Code. tees of Congress and under the guidance of come (as defined in section 1402) of the tax- ‘‘(f) GENERAL DEFINITIONS AND SPECIAL the Technology Assessment Board: Provided, payer for the taxable year divided by the dif- RULES.— That the amount appropriated by this para- ference between— ‘‘(1) MILITARY PAY AND ALLOWANCES.—The graph shall remain available until expended: ‘‘(i) 365, and term ‘military pay’ means pay as that term Provided further, That the entire amount is ‘‘(ii) the number of days the taxpayer par- is defined in section 101(21) of title 37, United designated by the Congress as an emergency ticipates in qualified reserve component States Code, and the term ‘allowances’ requirement pursuant to section 251(b)(2)(A) duty during the taxable year, including time means the allowances payable to a member of the Balanced Budget and Emergency Def- spent in a travel status, and of the Armed Forces of the United States icit Control Act of 1985, as amended. ‘‘(B) the term ‘average daily military pay under chapter 7 of that title. and allowances’ means— ‘‘(2) QUALIFIED RESERVE COMPONENT DUTY.— SA 3728. Mr. KENNEDY (for himself, ‘‘(i) the amount paid to the taxpayer dur- The term ‘qualified reserve component duty’ Ms. COLLINS, and Ms. LANDRIEU) sub- ing the taxable year as military pay and al- includes only active duty performed, as des- mitted an amendment intended to be ignated in the reservist’s military orders, in lowances on account of the taxpayer’s par- proposed by him to the bill H.R. 4775, ticipation in qualified reserve component support of a contingency operation as de- duty, divided by fined in section 101(a)(13) of title 10, United making supplemental appropriations ‘‘(ii) the total number of days the taxpayer States Code. for the fiscal year ending September 30, participates in qualified reserve component ‘‘(3) NORMAL EMPLOYMENT AND SELF-EM- 2002, and for other purposes; which was duty, including time spent in travel status. PLOYMENT DUTIES.—A person shall be deemed ordered to lie on the table; as follows: ‘‘(3) QUALIFIED SELF-EMPLOYED TAXPAYER.— to be participating in qualified reserve com- At the appropriate place, insert the fol- The term ‘qualified self-employed taxpayer’ ponent duty to the exclusion of normal em- lowing: means a taxpayer who— ployment or self-employment duties if the SEC. ll. EDUCATION FIRST. ‘‘(A) has net earnings from self-employ- person does not engage in or undertake any (a) STATEMENT OF PURPOSE; FINDINGS.— ment (as defined in section 1402) for the tax- substantial activity related to the person’s (1) STATEMENT OF PURPOSE.—It is the pur- able year, and normal employment or self-employment du- pose of this section to dedicate a portion of ‘‘(B) is a member of the Ready Reserve of ties while participating in qualified reserve unexpected, additional Federal resources a reserve component of an Armed Force of component duty unless in an authorized to— the United States. leave status or other authorized absence (A) assist disadvantaged children, teachers, ‘‘(d) CREDIT IN ADDITION TO DEDUCTION.— from military duties. If a person engages in and schools in meeting the additional aca- The employment credit provided in this sec- or undertakes any substantial activity re- demic challenges posed in the No Child Left tion is in addition to any deduction other- lated to the person’s normal employment or Behind Act of 2001 (Public Law 107–110); wise allowable with respect to compensation self-employment duties at any time while (B) provide for full funding of Federal fi- actually paid to a qualified employee during participating in a period of qualified reserve nancial commitment to children with dis- any period the employee participates in component duty, unless during a period of abilities and local communities as identified qualified reserve component duty to the ex- authorized leave or other authorized absence in the Individuals with Disabilities Edu- clusion of normal employment duties. from military duties, the person shall be cation Act (20 U.S.C. 1400 et seq.); ‘‘(e) LIMITATIONS.— deemed to have engaged in or undertaken (C) ensure that every student with the tal- ‘‘(1) MAXIMUM CREDIT.— such activity for the entire period of quali- ent, desire, and drive to pursue postsec- ‘‘(A) IN GENERAL.—The credit allowed by fied reserve component duty. ondary training at a school of their choice is subsection (a) for the taxable year— ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- not inhibited by family financial need; and ‘‘(i) shall not exceed $7,500 in the aggre- lar to the rules of subsections (c), (d), and (e) (D) grow to 10 percent over time, the share gate, and of section 52 shall apply for purposes of this of the Federal discretionary budget dedi- ‘‘(ii) shall not exceed $2,000 with respect to section.’’. cated toward education. (b) CONFORMING AMENDMENT.—Section 38(b) each qualified employee. (2) FINDINGS.—Congress finds the following: of the Internal Revenue Code of 1986 (relat- ‘‘(B) CONTROLLED GROUPS.—For purposes of (A) In fiscal year 2003, funding for the No ing to general business credit) is amended— applying the limitations in subparagraph Child Left Behind Act of 2001 (Public Law (1) by striking ‘‘plus’’ at the end of para- (A)— 107–110) is authorized at $31,100,000,000. In fis- graph (14), ‘‘(i) all members of a controlled group shall cal year 2002, the No Child Left Behind Act (2) by striking the period at the end of be treated as one taxpayer, and of 2001 (Public Law 107–110) was funded at paragraph (15) and inserting ‘‘, plus’’, and ‘‘(ii) such limitations shall be allocated $22,200,000,000. The Budget of the United (3) by adding at the end the following new among the members of such group in such States Government for Fiscal Year 2003, as paragraph: manner as the Secretary may prescribe. submitted to Congress, proposes to fund the ‘‘(16) the reserve component employment For purposes of this subparagraph, all per- No Child Left Behind Act of 2001 (Public Law credit determined under section 45G(a).’’. sons treated as a single employer under sub- 107–110) at $22,100,000,000. (c) CLERICAL AMENDMENT.—The table of section (a) or (b) of section 52 or subsection sections for subpart D of part IV of sub- (B) In 1975, the Federal Government prom- (m) or (o) of section 414 shall be treated as chapter A of chapter 1 of the Internal Rev- ised to contribute to local communities 40 members of a controlled group. enue Code of 1986 is amended by inserting percent of the additional costs necessary to ‘‘(2) DISALLOWANCE FOR FAILURE TO COMPLY after the item relating to section 45F the fol- ensure that each child with a disability re- WITH EMPLOYMENT OR REEMPLOYMENT RIGHTS lowing new item: ceives the free and appropriate public edu- OF MEMBERS OF THE RESERVE COMPONENTS OF cation to which they are entitled. The Budg- THE ARMED FORCES OF THE UNITED STATES.— ‘‘Sec. 45G. Reserve component employment et of the United States Government for Fis- No credit shall be allowed under subsection credit.’’. cal Year 2003, as submitted to Congress, pro- (a) to a taxpayer for— (d) EFFECTIVE DATE.—The amendments poses that the Federal Government con- ‘‘(A) any taxable year in which the tax- made by this section shall apply to taxable tribute only 17 percent of the additional payer is under a final order, judgment, or years beginning after December 31, 2002. costs associated with educating each child other process issued or required by a district with a disability. court of the United States under section 4323 SA 3727. Mr. KENNEDY submitted an (C) The size of the maximum Federal Pell of title 38 of the United States Code with re- amendment intended to be proposed by Grant is authorized to be $5,800, but because

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.134 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5097 of insufficient funding, in fiscal year 2002, nomic outlook for fiscal year 2003 (adjusted other purposes; which was ordered to the maximum Federal Pell Grant was only for the enactment of the Job Creation and lie on the table; as follows: $4,000. Worker Assistance Act of 2002 (Public Law On page 55, beginning on line 13, strike (D) In fiscal year 1946, the share of the Fed- 107–147) and the Farm Security and Rural In- ‘‘$100,000,000’’ and all that follows through eral budget dedicated to education was 10.4 vestment Act of 2002 (Public Law 107–171)), ‘‘Provided,’’ on line 17 and insert the fol- percent. In fiscal year 2002, the share of the then the amount of discretionary budget au- lowing: ‘‘600,000,000, to remain available until Federal budget dedicated to education was thority and outlays flowing therefrom allo- March 31, 2003, which may be made available 2.5 percent. On March 23, 1994, the United cated under section 302(a) of the Congres- as a United States contribution to the Glob- States Senate unanimously resolved to in- sional Budget Act of 1974 (2 U.S.C. 633(a)) al Fund to Combat AIDS, Tuberculosis, and crease to 10 percent by 2004 the share of the that was dedicated in accordance with sec- Malaria: Provided, That the entire amount is Federal budget dedicated to education. tion 302(b) of the Congressional Budget Act designated by the Congress as an emergency (b) ADJUSTMENT.—If the report provided of 1974 (2 U.S.C. 633(b)) to carry out Function requirement pursuant to section 251(b)(2)(A) pursuant to section 202(e) of the Congres- 500 education programs shall not be reduced. of the Balanced Budget and Emergency Def- sional Budget Act of 1974 (2 U.S.C. 602(e)) (f) SENSE OF THE SENATE.—In each fiscal icit Control Act of 1985, as amended: Provided (the budget and economic outlook: update year after fiscal year 2003, if the report pro- further,’’. (for fiscal years 2003 through 2012)), esti- vided pursuant to section 202(e) of the Con- mates on-budget Federal revenues for fiscal gressional Budget Act of 1974 (2 U.S.C. 602(e)) SA 3732. Mr. DURBIN (for himself, year 2002 through 2012 that exceed estimated (the budget and economic outlook: update) Mr. SPECTER, Mr. LEAHY, Mr. DEWINE, on-budget Federal revenues set forth in the estimates on-budget Federal revenues for Mr. KERRY, Mr. KENNEDY, Mrs. BOXER, Congressional Budget Office’s March 2002 that fiscal year that exceed estimated on- Mr. SARBANES, Mrs. FEINSTEIN, Ms. MI- budget and economic outlook for fiscal year budget Federal revenues set forth in the Con- 2003 (adjusted for the enactment of the Job gressional Budget Office’s spring budget and KULSKI, Mrs. CLINTON, Mr. DODD, Mr. Creation and Worker Assistance Act of 2002 economic outlook for that fiscal year, it is LIEBERMAN, Mr. TORRICELLI, Mr. LEVIN, (Public Law 107–147) and the Farm Security the sense of the Senate that Congress should, Mr. SCHUMER, and Ms. LANDRIEU) sub- and Rural Investment Act of 2002 (Public in an amount equal to the amount and per- mitted an amendment intended to be Law 107–171)), then the Chairman of the Com- centages described in subsection (b)— proposed by him to the bill H.R. 4775, mittee on the Budget of the House of Rep- (1) increase the amount of discretionary making supplemental appropriations resentatives and the Chairman of the Com- budget authority and outlays flowing there- mittee on the Budget of the Senate shall— for the fiscal year ending September 30, from allocated under section 302(a) of the 2002, and for other purposes; which was (1) in an amount equal to the increase in Congressional Budget Act of 1974 (2 U.S.C. estimated on-budget Federal revenues for 633(a)) to carry out Function 500 education ordered to lie on the table; as follows: fiscal year 2003 that is not more than programs; and On page 55, strike line 9 through 19 and in- $5,000,000,000, increase the amount of discre- (2) reduce the level of publicly held debt in sert the following: tionary budget authority and outlays flow- order to better secure the integrity of the CHILD SURVIVAL AND HEALTH PROGRAMS FUND ing therefrom allocated under section 302(a) Federal Old-Age and Survivors Insurance For an additional amount for ‘‘CHILD SUR- of the Congressional Budget Act of 1974 (2 Trust Fund under section 201 of the Social VIVAL AND HEALTH PROGRAMS FUND’’, U.S.C. 633(a)) to carry out Function 500 edu- Security Act (42 U.S.C. 401). $700,000,000: Provided, That not less than cation programs; $200,000,000 of the funds appropriated under (2) in an amount equal to 20 percent of the SA 3729. Mr. DURBIN submitted an this heading shall be made available for a increase in estimated on-budget Federal rev- amendment intended to be proposed by United States contribution to the Global enues for fiscal year 2003 that is remaining him to the bill H.R. 4775, making sup- Fund to Combat AIDS, Tuberculosis and Ma- after subtracting the amount described in plemental appropriations for the fiscal laria: Provided further, That of the funds ap- paragraph (1), increase the amount of discre- propriated under this heading (other than tionary budget authority and outlays flow- year ending September 30, 2002, and for other purposes; which was ordered to funds allocated under the first proviso) ing therefrom allocated under section 302(a) $100,000,000 shall be transferred to, and of the Congressional Budget Act of 1974 (2 lie on the table; as follows: merged with, appropriations available under U.S.C. 633(a)) to carry out Function 500 edu- On page 55, beginning on line 13, strike ‘‘DEPARTMENT OF HEALTH AND HUMAN SERV- cation programs; and ‘‘$100,000,000’’ and all that follows through ICES; CENTERS FOR DISEASE CONTROL AND (3) in an amount equal to 80 percent of the ‘‘Provided,’’ on line 17 and insert the fol- PREVENTION’’ for activities related to the increase in estimated on-budget Federal rev- lowing: ‘‘500,000,000, to remain available until prevention, treatment, and control of, and enue for fiscal year 2003 that is remaining March 31, 2003, which may be made available research on, HIV/AIDS: Provided further, after subtracting the amount described in as a United States contribution to the Glob- That the funds appropriated under this head- paragraph (1), reduce the deficit and level of al Fund to Combat AIDS, Tuberculosis, and ing (other than funds allocated by the first publicly held debt in order to better secure Malaria: Provided, That the entire amount is proviso or transferred under the second pro- the integrity of the Federal Old-Age and Sur- designated by the Congress as an emergency viso) shall be made available for child sur- vivors Insurance Trust Fund under section requirement pursuant to section 251(b)(2)(A) vival, maternal health, and other disease 201 of the Social Security Act (42 U.S.C. 401), of the Balanced Budget and Emergency Def- programs, including programs to combat tu- unless there is a national emergency related icit Control Act of 1985, as amended: Provided berculosis, and for development activities to to the war on terrorism. further,’’. address the impact and consequences of HIV/ (c) LIMITATION.—Amounts made available AIDS: Provided further, That any funds allo- under subsection (a) shall— SA 3730. Mr. DURBIN submitted an cated under the preceding proviso may be (1) not exceed 1⁄2 of 1 percent of on-budget amendment intended to be proposed by made available to increase the amount of the Federal revenues for fiscal year 2003; and him to the bill H.R. 4775, making sup- United States contribution to the Global (2) supplement, and not supplant, amounts Fund to Combat AIDS, Tuberculosis and Ma- allocated under section 302(b) of the Congres- plemental appropriations for the fiscal laria made under the first proviso: Provided sional Budget Act of 1974 (2 U.S.C. 633(b)) and year ending September 30, 2002, and for further, That funds appropriated under this any other amounts used to carry out the Ele- other purposes; which was ordered to heading may be made available notwith- mentary and Secondary Education Act of lie on the table; as follows: standing section 10 of Public Law 91–672 or 1965 (20 U.S.C. 6301 et seq.), the Individuals On page 55, beginning on line 13, strike any other provision of law: Provided further, with Disabilities Education Act (20 U.S.C. ‘‘$100,000,000’’ and all that follows through That, in addition to funds otherwise avail- 1400 et seq.), and the Higher Education Act of ‘‘Provided,’’ on line 17 and insert the fol- able for such purposes, not to exceed seven 1965 (20 U.S.C. 1001 et seq.) for the previous lowing: ‘‘700,000,000, to remain available until percent of the funds appropriated under this fiscal year for which amounts are provided March 31, 2003, which may be made available heading may be made available for adminis- under this section. as a United States contribution to the Glob- trative costs of the United States Govern- (d) CONFORMING CHANGES.—The Chairman al Fund to Combat AIDS, Tuberculosis, and of the Committee on the Budget of the House ment agencies in carrying out programs Malaria: Provided, That the entire amount is under this heading. Provided further, That of Representatives and the Chairman of the designated by the Congress as an emergency Committee on the Budget of the Senate shall the additional amount appropriated under requirement pursuant to section 251(b)(2)(A) this heading is designated by Congress as an make all necessary conforming changes to of the Balanced Budget and Emergency Def- the functions and aggregates included in any emergency requirement pursuant to section icit Control Act of 1985, as amended: Provided 251(b)(2)(A) of the Balanced Budget and applicable resolution as a result of adjust- further,’’. ments under this section. Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). (e) NON-REDUCTION.—If the report described SA 3731. Mr. DURBIN submitted an in subsection (b) estimates on-budget Fed- eral revenues for fiscal year 2002 through 2012 amendment intended to be proposed by SA 3733. Mr. LEAHY submitted an that are less than estimated on-budget Fed- him to the bill H.R. 4775, making sup- amendment intended to be proposed by eral revenues set forth in the Congressional plemental appropriations for the fiscal him to the bill H.R. 4775, making sup- Budget Office’s March 2002 budget and eco- year ending September 30, 2002, and for plemental appropriations for the fiscal

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.149 pfrm04 PsN: S05PT2 S5098 CONGRESSIONAL RECORD — SENATE June 5, 2002 year ending September 30, 2002, and for under section 2(a)(1) shall submit to the Air (1) DOCUMENTATION.—Subject to subsection other purposes; which was ordered to Transportation Stabilization Board, estab- (b), the amount of compensation payable lie on the table; as follows: lished under section 102(b) of the Air Trans- under section 2(a)(2) to a general aviation en- portation Safety Stabilization Act (49 U.S.C. tity may not exceed the amount of losses de- On page 37, between lines 2 and 3, insert 40101 note; 115 Stat. 231), an operating plan scribed in such section that such entity dem- the following: (including budget and cash flow projections) onstrates to the satisfaction of the Presi- SEC. 307. Of the amount available for fiscal and financial plan for the period of time that dent, using sworn financial statements or year 2002 for the Army National Guard for the instrument will be in effect. Such plans other appropriate data, that such entity in- operation and maintenance, $2,200,000 shall shall demonstrate to the satisfaction of the curred. be made available for the Army National Board the ability of the obligor to continue (2) AUDITS.—The Secretary of Transpor- Guard for information operations, informa- operations as an ongoing general aviation tation and the Comptroller General of the tion assurance operations, and training for entity during and after the period of time United States may audit statements referred such operations. the instrument will be in effect. to in paragraph (1) and may request any in- (2) ISSUANCE.—The Board, in consultation formation that the Secretary and the Comp- SA 3734. Mr. CRAIG submitted an with the Small Business Administration, troller General deem necessary to conduct amendment intended to be proposed by may enter into agreements with 1 or more such audit. him to the bill H.R. 4775, making sup- obligors to issue Federal credit instruments (b) PRIORITY.—The President shall give pri- plemental appropriations for the fiscal under section 2(a)(1) if the Board determines, ority for compensation under section 2(a)(2) year ending September 30, 2002, and for in its discretion, that— to a general aviation entity— other purposes; which was ordered to (A) the obligor is a general aviation entity (1) based on the length of time that the en- lie on the table; as follows: for which credit is not reasonably available tity has been unable to operate as a result of at the time of the transaction; the terrorist attacks on the United States At the appropriate place, insert the fol- (B) the intended obligation by the obligor that occurred on September 11, 2001; and lowing: is prudently incurred; (2) if the entity is a small business concern The Secretary of Transportation is di- (C) the obligor has furnished reasonable as- (as defined under section 3 of the Small Busi- rected to make $300,000 of the funds appro- surance that it will be able to repay all loans ness Administration Act (15 U.S.C. 632(a))). priated for job access and reverse commute and other debt obligations covered by the (c) AMOUNT OF COMPENSATION.—In order to grants programs in Idaho, administered by Federal credit instrument in accordance ensure that compensation provided under the Federal Transit Administration, avail- with the terms of such loans and other obli- section 2(a)(2) is distributed equitably among able to the State of Idaho for job training gations; general aviation entities that have substan- and support services in accordance with the (D) the obligor intends to continue to oper- tiated losses described in section 2(a)(2), the provisions of 23 U.S.C. 140(b). ate as a general aviation entity, and the op- President may provide compensation under erating and financial plan submitted by the section 2(a)(2) to a general aviation entity SA 3735. Mr. INHOFE submitted an obligor under paragraph (1) satisfies the that is an amount less than the amount of amendment intended to be proposed by demonstration required by paragraph (1); and losses incurred by the entity and substan- him to the bill H.R. 4775, making sup- (E) the type of aviation services or prod- tiated by the entity as losses for which com- plemental appropriations for the fiscal ucts (or both) provided by the obligor are an pensation may be made under section 2(a)(2). year ending September 30, 2002, and for important part of a safe, efficient, and viable (d) PAYMENTS.—The President may provide other purposes; which was ordered to general aviation system. compensation under section 2(a)(2) to gen- (b) TERMS AND LIMITATIONS.— lie on the table; as follows: eral aviation entities in 1 or more payments (1) FORMS; TERMS AND CONDITIONS.—A Fed- up to the amount authorized by this Act. Insert the following at the end of Title II: eral credit instrument shall be issued under SEC. 3004. REPORT. SEC. 3001. GENERAL AVIATION INDUSTRY REP- section 2(a)(1) in such form and on such Not later than the 180th day following the ARATIONS. terms and conditions and contain such cov- date of enactment of this Act, the President (a) IN GENERAL.—Notwithstanding any enants, representations, warranties, and re- shall transmit to the Committee on Trans- other provision of law, the President shall quirements (including requirements for au- portation and Infrastructure, the Committee take the following actions to compensate dits) as the Board determines appropriate. on Appropriations, and the Committee on general aviation entities for economic inju- The Board may issue a Federal credit instru- the Budget of the House of Representatives ries incurred by such entities as a result of ment under section 2(a)(1) to pay all or part and the Committee on Commerce, Science, the terrorist attacks on the United States of any of the principal of and interest on a and Transportation, the Committee on Ap- that occurred on September 11, 2001: loan or other debt obligation issued to the propriations, and the Committee on the (1) Subject to such terms and conditions as obligor. Budget of the Senate a report on the amount the President deems necessary and subject to (2) PROCEDURES.—Not later than 14 days of assistance provided under this Act to each subsection (b), issue Federal credit instru- after the date of enactment of this Act, the general aviation entity and the financial sta- ments to such entities that do not, in the ag- Director of the Office of Management and tus of such entity. gregate, exceed $100,000,000 and provide the Budget shall issue regulations setting forth SEC. 3005. DEFINITIONS. subsidy amounts necessary for such instru- procedures for application and minimum re- In this: ments in accordance with the provisions of quirements, which may be supplemented by (1) FEDERAL CREDIT INSTRUMENT.—The term the Federal Credit Reform Act of 1990 (2 the Board in its discretion, for the issuance ‘‘Federal credit instrument’’ means by guar- U.S.C. 661 et seq.). of Federal credit instruments under section antee or other pledge by the Air Transpor- (2) Compensate such entities in an aggre- 2(a)(1). tation Stabilization Board issued under sec- gate amount equal to $250,000,000 for direct (c) FINANCIAL PROTECTION OF GOVERN- tion 2(a)(1) of this Act to pledge the full faith losses incurred beginning on September 11, MENT.— and credit of the United States to pay all or 2001 and ending December 19, 2001, by such (1) IN GENERAL.—To the extent feasible and part of any of the principal of and interest entities as a result of any Federal ground practicable, the Board shall ensure that the on a loan or other debt obligation issued by stop order issued by the Secretary of Trans- Government is compensated for the risk as- an obligor and funded by a lender. portation or any subsequent order. sumed in making guarantees under this Act. (2) GENERAL AVIATION ENTITY.—The term (b) LIMITATION ON AGGREGATE AMOUNT OF (2) GOVERNMENT PARTICIPATION IN GAINS.— ‘‘general aviation entity’’ means any person CREDIT INSTRUMENTS.—The aggregate To the extent to which any participating en- (other than an air carrier or foreign air car- amount of Federal credit instruments that tity accepts financial assistance, in the form rier) that— may be issued under section 101(a)(1) of the of accepting the proceeds of any loans guar- (A) operates nonmilitary aircraft under Air Transportation Safety and System Sta- anteed by the Government under this Act, part 91 of title 14, Code of Federal Regula- bilization Act (49 U.S.C. 40101 note; 115 Stat. the Board is authorized to enter into con- tions, for the purpose of conducting its pri- 230) shall be reduced by the aggregate tracts under which the Government, contin- mary business; amount of Federal credit instruments issued gent on the financial success of the partici- (B) manufacturing nonmilitary aircraft under subsection (a)(1) of this section. pating entity, would participate in the gains with a maximum seating capacity of fewer (c) DEADLINE FOR APPLICATIONS.—Not later of the participating entity or its security than 20 passengers or aircraft parts to be than 14 days after the date of enactment of holders through the use of such instruments used in such aircraft; this Act, the President shall establish and as warrants, stock options, common or pre- (C) provides services necessary for non- publish in the Federal Register a deadline for ferred stock, or other appropriate equity in- military operations under such part 91; or the issuance of Federal credit instruments struments. (D) operates an airport, other than a pri- under this section and a deadline for the sub- (3) DEPOSIT IN TREASURY.—All amounts col- mary airport (as such terms are defined in mission of applications for payments of com- lected by the Government under this sub- section 40102 of title 49, United States Code), pensation under this section. section shall be deposited in the Treasury as that— SEC. 3002. STABILIZATION BOARD. miscellaneous receipts. (i) is listed in the national plan of inte- (a) FEDERAL CREDIT INSTRUMENTS.— SEC. 3003. SPECIAL RULES FOR COMPENSATION. grated airport systems developed by the Fed- (1) OPERATING PLAN.—An obligor seeking (a) LIMITATION ON AMOUNT OF COMPENSA- eral Aviation Administration under section issuance of a Federal credit instrument TION.— 47103 of such title; or

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.150 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5099

(ii) is normally open to the public, is lo- peace. Women’s perspectives and experiences ‘‘(1) LOAN COMMODITIES.—The total amount cated within the confines of enhanced class B in seeking solutions to conflicts are nec- of the following gains and payments that a airspace (as defined by the Federal Aviation essary to ensure lasting peace. person may receive during any crop year Administration in Notice to Airmen FDC 1/ (10) Adequate security in both urban and may not exceed $90,000: 0618), and was closed as a result of an order rural areas is essential if women and girls ‘‘(A)(i) Any gain realized by a producer issued by the Federal Aviation Administra- are to exercise their human rights, work, at- from repaying a marketing assistance loan tion in the period beginning September 11, tend school, and otherwise participate in and for 1 or more loan commodities under sub- 2001, and ending January 1, 2002, and re- benefit from humanitarian and development title B of title I of the Farm Security and mained closed as a result of that order on programs sponsored by the United States. Rural Investment Act of 2002 at a lower level January 1, 2002. (b) ALLOCATION OF FUNDS.—Of the amounts than the original loan rate established for Such term includes fixed-based operators, appropriated by this chapter under the head- the loan commodity under that subtitle. flight schools, manufacturers of general ing ‘‘Bilateral Economic Assistance’’, funds ‘‘(ii) In the case of settlement of a mar- aviation aircraft and products, persons en- should be used for, but not limited to, the keting assistance loan for 1 or more loan gaged in nonscheduled aviation enterprises, following: commodities under that subtitle by for- and general aviation independent contrac- (1) Financial and programmatic support of feiture, the amount by which the loan tors. Afghan women’s organizations operating in amount exceeds the repayment amount for On page 57 line 12, delete ‘‘700,000,000’’ and the United States, Pakistan, and Afghani- the loan if the loan had been settled by re- insert ‘‘450,000,000.’’ stan to deliver services to women, lead re- payment instead of forfeiture. construction efforts, and build the capacities ‘‘(B) Any loan deficiency payments re- SA 3736. Ms. SNOWE submitted an of nascent nongovernmental organizations. ceived for 1 or more loan commodities under amendment intended to be proposed by (2) An increase in women’s access to and that subtitle. her to the bill H.R. 4775, making sup- ownership of productive assets such as land, ‘‘(C) Any gain realized from the use of a water, agricultural inputs, microfinance, and plemental appropriations for the fiscal commodity certificate issued by the Com- property. modity Credit Corporation for 1 or more loan year ending September 30, 2002, and for (3) A provision of financial assistance to commodities, as determined by the Sec- other purposes; which was ordered to build health infrastructure and to deliver retary, including the use of a certificate for lie on the table; as follows: women-centered health programs, particu- the settlement of a marketing assistance On page 69, after line 23, add the following: larly maternal, reproductive, and mental loan made under that subtitle. SEC. 605. llllll. health care; ‘‘(2) OTHER COMMODITIES.—The total (4) The maintenance of a strong financial (a) FINDINGS.—Congress makes the fol- amount of the following gains and payments lowing findings: commitment to developing the education that a person may receive during any crop (1) Despite the removal of the Taliban from and training systems of Afghanistan. year may not exceed $90,000: power, Afghan women continue to experience (5) The ensurance that female refugees and ‘‘(A)(i) Any gain realized by a producer a violation of their human rights, generally internally displaced persons can return to from repaying a marketing assistance loan outside of Kabul where warlords are re- their homes voluntarily, safely, and with the for peanuts, wool, mohair, or honey under exerting control. protection for their human rights. subtitle B or C of title I of the Farm Secu- (2) Strong and continued United States (6) Combating and preventing trafficking rity and Rural Investment Act of 2002 at a support can ensure that the advances made in persons and assisting victims. lower level than the original loan rate estab- by Afghan women since the fall of the (7) Emphasizing the importance of uphold- lished for the commodity under those sub- Taliban will continue and grow, rather than ing human rights and women’s rights in par- titles. recede. ticular, in training for the Afghan army and ‘‘(ii) In the case of settlement of a mar- (3) The United States has made a substan- police force. keting assistance loan for peanuts, wool, mo- hair, or honey under those subtitles by for- tial contribution to the emergency relief and SA 3737. Mr. ENZI (for himself, Mr. humanitarian efforts for Afghanistan. Com- feiture, the amount by which the loan pleting the United States mission in Afghan- GRASSLEY, and Mr. HAGEL) submitted amount exceeds the repayment amount for istan will also require significant and long- an amendment intended to be proposed the loan if the loan had been settled by re- term investments in development and recon- by him to the bill H.R. 4775, making payment instead of forfeiture. struction assistance. supplemental appropriations for the ‘‘(B) Any loan deficiency payments re- (4) The maternal mortality rate in Afghan- fiscal year ending September 30, 2002, ceived for peanuts, wool, mohair, and honey istan is one of the highest in the world, with and for other purposes; which was or- under those subtitles. recent reports estimating that every 30 min- dered to lie on the table; as follows: ‘‘(C) Any gain realized from the use of a utes an Afghan woman dies (about 15,000 commodity certificate issued by the Com- On page 7, between lines 12 and 13, insert modity Credit Corporation for peanuts, wool, women every year) of pregnancy-related the following: causes. The estimated maternal mortality mohair, and honey, as determined by the SEC. 102. LIVESTOCK ASSISTANCE PROGRAM. rate of 1,700 deaths per 100,000 live births can Secretary, including the use of a certificate (a) IN GENERAL.—The Secretary of Agri- for the settlement of a marketing assistance be significantly and rapidly reduced through culture shall use $500,000,000 of the funds of access to primary health care services, in- loan made under those subtitles. the Commodity Credit Corporation to make ‘‘(f) SINGLE FARMING OPERATION.—Notwith- cluding safe birthing supplies, emergency ob- and administer payments for livestock losses stetric care, prenatal and postnatal care, standing subsections (b) through (e), if an in- to producers for 2001 losses in a county that dividual participates only in a single farm- contraception, and prevention and treatment has received an emergency designation by for the effects of sexual coercion and rape. ing operation and receives, directly or indi- the President or the Secretary after January rectly, any payment or gain covered by this (5) Women make up 75 percent or more of 1, 2001, of which $12,000,000 shall be made the refugees and internally displaced in section through the operation, the total available for the American Indian livestock amount of payments or gains (as applicable) camps, urban areas, and villages. program under section 806 of the Agri- (6) Eighty-five percent of Afghanistan’s covered by this section that the individual culture, Rural Development, Food and Drug may receive during any crop year may not population lives in rural areas. The women Administration, and Related Agencies Ap- in rural areas perform vital roles in food pro- exceed twice the dollar amount prescribed in propriations Act, 2001 (Public Law 106-387; 114 this section.’’. duction, processing, and preparation. Suc- Stat. 1549A-51). cessful reconstruction and development as- (b) ADMINISTRATION.—The Secretary shall Mr. ENZI (for himself, Mr. sistance must target rural women as part of make assistance available under this section SA 3738. any agricultural intervention. in the same manner as provided under sec- GRASSLEY, and Mr. HAGEL) submitted (7) Within Afghanistan and outside of Af- tion 806 of the Agriculture, Rural Develop- an amendment intended to be proposed ghanistan, local women’s organizations are ment, Food and Drug Administration, and by him to the bill H.R. 4775, making delivering critical services and have the Related Agencies Appropriations Act, 2001 supplemental appropriations for the knowledge and experience to assist the (Public Law 105-277; 114 Stat. 1549A-51). fiscal year ending September 30, 2002, United States in delivering effective relief (c) PAYMENT LIMITATIONS.—Section 1001 of and for other purposes; which was or- aid. the Food Security of 1985 (7 U.S.C. 1308) is dered to lie on the table; as follows: (8) The Afghan Ministry for Women’s Af- amended— fairs is an important new ministry that is es- (1) in subsection (b), by striking ‘‘$40,000’’ On page 7, between lines 12 and 13, insert sential for reestablishing women’s human each place it appears and inserting ‘‘$17,500’’; the following: rights, ensuring that women are included in (2) in subsection (c), by striking ‘‘$65,000’’ SEC. 102. LIVESTOCK ASSISTANCE PROGRAM. all development efforts, and delivering crit- each place it appears and inserting ‘‘$32,500’’; (a) IN GENERAL.—The Secretary of Agri- ical legal, health, education, and economic and culture shall use $500,000,000 of the funds of services to women throughout Afghanistan’s (3) by adding at the end the following: the Commodity Credit Corporation to make 30 provinces. ‘‘(e) LIMITATIONS ON MARKETING LOAN and administer payments for livestock losses (9) Afghan women are taking the initiative GAINS, LOAN DEFICIENCY PAYMENTS, AND to producers for 2001 losses in a county that to reach across the conflict divide and foster COMMODITY CERTIFICATE TRANSACTIONS.— has received an emergency designation by

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.153 pfrm04 PsN: S05PT2 S5100 CONGRESSIONAL RECORD — SENATE June 5, 2002 the President or the Secretary after January rectly, any payment or gain covered by this ized under section 417 of the Robert T. Staf- 1, 2001, of which $12,000,000 shall be made section through the operation, the total ford Disaster Relief and Emergency Assist- available for the American Indian livestock amount of payments or gains (as applicable) ance Act (42 U.S.C. 5184), shall not exceed program under section 806 of the Agri- covered by this section that the individual $650,000,000:’’. culture, Rural Development, Food and Drug may receive during any crop year may not Administration, and Related Agencies Ap- exceed twice the dollar amount prescribed in SA 3743. Mrs. CLINTON (for herself propriations Act, 2001 (Public Law 106-387; 114 this section.’’. and Mr. SCHUMER) submitted an Stat. 1549A-51). amendment intended to be proposed by (b) ADMINISTRATION.—The Secretary shall SA 3739. Ms. LANDRIEU (for herself her to the bill H.R. 4775, making sup- make assistance available under this section and Mr. BREAUX) submitted an amend- in the same manner as provided under sec- plemental appropriations for the fiscal tion 806 of the Agriculture, Rural Develop- ment intended to be proposed by her to year ending September 30, 2002, and for ment, Food and Drug Administration, and the bill H.R. 4775, making supplemental other purposes; which was ordered to Related Agencies Appropriations Act, 2001 appropriations for the fiscal year end- lie on the table; as follows: ing September 30, 2002, and for other (Public Law 105-277; 114 Stat. 1549A-51). On page 112, line 10, insert after the semi- (c) PAYMENT LIMITATIONS.—Section 1001 of purposes; which was ordered to lie on colon the following: ‘‘Provided further, That the Food Security of 1985 (7 U.S.C. 1308) is the table; as follows: amended— community disaster loans to New York City On page 4, line 5, before the colon, insert (1) in subsection (b), by striking ‘‘$40,000’’ related to the revenue loss resulting from the following: ‘‘, of which not less than each place it appears and inserting ‘‘$17,500’’; the disaster on September 11, 2001, author- $1,300,000 shall be used for emergency water- (2) in subsection (c), by striking ‘‘$65,000’’ ized under section 417 of the Robert T. Staf- each place it appears and inserting ‘‘$32,500’’; shed protection in Lincoln Parish, Lou- ford Disaster Relief and Emergency Assist- and isiana’’. ance Act (42 U.S.C. 5184), shall not exceed (3) by adding at the end the following: $650,000,000: Provided further, That if the reve- ‘‘(e) LIMITATIONS ON MARKETING LOAN SA 3740. Mr. HOLLINGS submitted nues of New York City during the 3-year pe- GAINS, LOAN DEFICIENCY PAYMENTS, AND an amendment intended to be proposed riod beginning on September 11, 2001 are in- COMMODITY CERTIFICATE TRANSACTIONS.— by him to the bill H.R. 4775, making sufficient to meet the operating budget of ‘‘(1) LOAN COMMODITIES.—The total amount supplemental appropriations for the New York City, including additional ex- of the following gains and payments that a fiscal year ending September 30, 2002, penses relating to the disaster on September person may receive during any crop year 11, 2001, the Federal Emergency Management and for other purposes; which was or- Agency is authorized to use alternative may not exceed $90,000: dered to lie on the table; as follows: ‘‘(A)(i) Any gain realized by a producer methods of conversion for the community from repaying a marketing assistance loan On page 37, between lines 2 and 3, insert disaster loans to New York City related to for 1 or more loan commodities under sub- the following: the revenue loss resulting from the disaster title B of title I of the Farm Security and SEC. 307. That portion of the former on September 11, 2001:’’. Rural Investment Act of 2002 at a lower level Charleston, South Carolina, Naval Base (in- than the original loan rate established for cluding all associated improvements and fix- SA 3744. Mr. DURBIN submitted an the loan commodity under that subtitle. tures) on which is situated a law enforce- amendment intended to be proposed by ‘‘(ii) In the case of settlement of a mar- ment training facility for the Department of him to the bill H.R. 4775, making sup- keting assistance loan for 1 or more loan Justice shall not be transferred to, or trans- plemental appropriations for the fiscal ferred for the direct or indirect use or benefit commodities under that subtitle by for- year ending September 30, 2002, and for feiture, the amount by which the loan of, the State of South Carolina or any local- ity or subdivision thereof. other purposes; which was ordered to amount exceeds the repayment amount for lie on the table; as follows: the loan if the loan had been settled by re- payment instead of forfeiture. SA 3741. Mr. SCHUMER (for himself On page 7 after line 12, insert the fol- ‘‘(B) Any loan deficiency payments re- and Mrs. CLINTON) submitted an lowing: ceived for 1 or more loan commodities under amendment intended to be proposed by ‘‘SEC. . Notwithstanding any other provi- that subtitle. him to the bill H.R. 4775, making sup- sion of law, the Natural Resources Conserva- ‘‘(C) Any gain realized from the use of a plemental appropriations for the fiscal tion Service shall provide financial and tech- nical assistance for projects in the Embarras commodity certificate issued by the Com- year ending September 30, 2002, and for modity Credit Corporation for 1 or more loan River Basin, Lake County Watersheds, and other purposes; which was ordered to DuPage County, Illinois, totaling $3,750,000 commodities, as determined by the Sec- lie on the table; as follows: retary, including the use of a certificate for from funds appropriated for the Watershed the settlement of a marketing assistance At the end of Chapter 1 of title I add the and Flood Prevention Operations program by loan made under that subtitle. following: Public Law 107–76.’’ ‘‘(2) OTHER COMMODITIES.—The total SEC. 1. . MILK VENDING MACHINE PILOT PRO- amount of the following gains and payments GRAM. SA 3745. Mr. SARBANES (for himself that a person may receive during any crop (a) IN GENERAL.—As soon as practicable and Ms. MIKULSKI) submitted an year may not exceed $90,000: after the date of enactment of this Act, the amendment intended to be proposed by ‘‘(A)(i) Any gain realized by a producer Secretary of Agriculture shall use fiscal year him to the bill H.R. 4775, making sup- from repaying a marketing assistance loan 2002 funds of the Agriculture Marketing plemental appropriations for the fiscal for peanuts, wool, mohair, or honey under Service to, in consultation with appropriate year ending September 30, 2002, and for subtitle B or C of title I of the Farm Secu- State agencies, establish a pilot program to make available to students in public schools other purposes; which was ordered to rity and Rural Investment Act of 2002 at a lie on the table; as follows: lower level than the original loan rate estab- milk vending machines, and to demonstrate lished for the commodity under those sub- and evaluate their effect on student perform- On page 96, line 14, after ‘‘Provided,’’ insert titles. ance and nutrition. the following: ‘‘That, notwithstanding any ‘‘(ii) In the case of settlement of a mar- (b) IN GENERAL.—The Secretary of Agri- other provision of law, of the amounts pro- keting assistance loan for peanuts, wool, mo- culture shall promulgate such regulations as vided under this head, not more than hair, or honey under those subtitles by for- necessary to carry out this program. $5,000,000 may be made available to com- feiture, the amount by which the loan (c) FUNDING.—The Secretary of Agriculture pensate Suburban Airport in Laurel, Mary- amount exceeds the repayment amount for shall use $40,000,000 of the funds listed in land, Freeway Airport in Bowie, Maryland, the loan if the loan had been settled by re- paragraph (a). Maryland Airport in Indian Head, Maryland, payment instead of forfeiture. College Park Airport in College Park, Mary- ‘‘(B) Any loan deficiency payments re- SA 3742. Mrs. CLINTON (for herself land, Potomac Airpark in Ft. Washington, ceived for peanuts, wool, mohair, and honey and Mr. SCHUMER) submitted an Maryland, and Washington Executive/Hyde under those subtitles. amendment intended to be proposed by Field in Clinton, Maryland, and the pro- ‘‘(C) Any gain realized from the use of a him to the bill H.R. 4775, making sup- viders of general aviation services (such as commodity certificate issued by the Com- plemental appropriations for the fiscal aircraft rental, flight training, repair and modity Credit Corporation for peanuts, wool, other fixed base services) that are located at year ending September 30, 2002, and for such airports for losses of incomes and reve- mohair, and honey, as determined by the other purposes; which was ordered to Secretary, including the use of a certificate nues resulting from the airspace closures for the settlement of a marketing assistance lie on the table; as follows: that occurred due to the September 11, 2001, loan made under those subtitles. On page 112, line 10, insert after the semi- terrorist attacks on the United States: Pro- ‘‘(f) SINGLE FARMING OPERATION.—Notwith- colon the following: ‘‘Provided further, That vided further, ’’. standing subsections (b) through (e), if an in- community disaster loans to New York City dividual participates only in a single farm- related to the revenue loss resulting from SA 3746. Mr. BINGAMAN submitted ing operation and receives, directly or indi- the disaster on September 11, 2001, author- an amendment intended to be proposed

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.155 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5101 by him to the bill H.R. 4775, making On page 9, after line 12 insert the fol- (c) EFFECTIVE DATE.—The amendments supplemental appropriations for the lowing: made by this section shall apply to taxable fiscal year ending September 30, 2002, SALARIES AND EXPENSES, UNITED STATES years ending on or after September 11, 2001. MARSHALS SERVICE and for other purposes; which was or- SA 3751. Mr. BURNS submitted an dered to lie on the table; as follows: For an additional amount under this head- ing for hiring 200 additional Deputy United amendment intended to be proposed by At the end of chapter 3 of title I, add the States Marshals for protection of the judicial him to the bill H.R. 4775, making sup- following: process in response to the terrorist attacks SEC. 307. Of the amount available under plemental appropriations for the fiscal this chapter for the Defense Emergency Re- of September 11, 2001 to be deployed to the year ending September 30, 2002, and for sponse Fund, $5,000,000 shall be available for Federal districts with critical courtroom and other purposes; which was ordered to prisoner security needs, $19,967,000, to remain the Army National Guard in support of lie on the table; as follows: available until expended: Provided, That the Weapons of Mass Destruction Civil Support entire amount is designated by the Congress On page 101, after line 23, insert the fol- Teams (WMD–CSTs) for training of indi- as an emergency requirement pursuant to lowing: vidual team members, unit and team train- section 251(b)(2)(A) of the Balanced Budget SEC. 1008. The President may make Federal ing, simulation-based command and control and Emergency Deficit Control Act of 1985, credit instruments available under section training, scenario-based exercises, and as amended. 101(a)(1) of the Air Transportation Safety sustainment training all within a facility at and System Stabilization Act to general Kirtland Air Force Base, New Mexico, dedi- SA 3750. Mr. ALLEN submitted an aviation on the same terms and conditions cated for such purposes. amendment intended to be proposed by as such instruments are made available to him to the bill H.R. 4775, making sup- air carriers under that section, or on appro- SA 3747. Mr. GRAHAM (for himself priately modified terms and conditions, ex- and Mr. NELSON of Florida) submitted plemental appropriations for the fiscal year ending September 30, 2002, and for cept that such instruments made available an amendment intended to be proposed to general aviation may not exceed 5 percent by him to the bill H.R. 4775, making other purposes; which was ordered to of the total amount available under that sec- supplemental appropriations for the lie on the table; as follows: tion. fiscal year ending September 30, 2002, At the appropriate place, insert: and for other purposes; which was or- SECTION 1. SHORT TITLE. SA 3752. Mr. SMITH of New Hamp- dered to lie on the table; as follows: This Act may be cited as the ‘‘Terrorist shire submitted an amendment in- Response Tax Exemption Act’’. On page 9, after line 12 insert the fol- tended to be proposed by him to the SEC. 2. EXCLUSION OF CERTAIN TERRORIST AT- bill H.R. 4775, making supplemental ap- lowing: TACK ZONE COMPENSATION OF CI- SALARIES AND EXPENSES, UNITED STATES VILIAN UNIFORMED PERSONNEL. propriations for the fiscal year ending MARSHALS SERVICE (a) IN GENERAL.—Part III of subchapter B September 30, 2002, and for other pur- For an additional amount under this head- of chapter 1 of the Internal Revenue Code of poses; which was ordered to lie on the ing for hiring 200 additional Deputy United 1986 (relating to items specifically excluded table; as follows: States Marshals for protection of the judicial from gross income) is amended by inserting On page 2, strike lines 4 through 15. process in response to the terrorist attacks after section 112 the following new section: On page 2, strike lines 24 through 26. of September 11, 2001 to be deployed to the ‘‘SEC. 112A. CERTAIN TERRORIST ATTACK ZONE Beginning on page 14, strike line 22 and all Federal districts with critical courtroom and COMPENSATION OF CIVILIAN UNI- that follows through page 15, line 9. prisoner security needs, $19,967,000, to remain FORMED PERSONNEL. Beginning on page 48, strike line 18 and all available until expended: Provided, That the ‘‘(a) IN GENERAL.—Gross income does not that follows through page 49, line 6. entire amount is designated by the Congress include compensation received by a civilian Beginning on page 70, strike line 3 and all as an emergency requirement pursuant to uniformed employee for any month during that follows through page 71, line 15. section 251(b)(2)(A) of the Balanced Budget any part of which such employee provides se- On page 72, strike lines 1 through 13. and Emergency Deficit Control Act of 1985, curity, safety, fire management, or medical On page 73, strike lines 1 through 11. as amended. services in a terrorist attack zone. On page 97, strike lines 13 through 19. ‘‘(b) DEFINITIONS.—For purposes of this Beginning on page 98, strike line 16 and all SA 3748. Mr. GRAHAM (for himself section— that follows through page 99, line 2. ‘‘(1) CIVILIAN UNIFORMED EMPLOYEE.—The and Mr. NELSON of Florida) submitted SA 3753. Mr. SMITH of New Hamp- an amendment intended to be proposed term ‘civilian uniformed employee’ means any nonmilitary individual employed by a shire submitted an amendment in- by him to the bill H.R. 4775, making Federal, State, or local government (or any tended to be proposed by him to the supplemental appropriations for the agency or instrumentality thereof) for the bill H.R. 4775, making supplemental ap- fiscal year ending September 30, 2002, purpose of maintaining public order, estab- propriations for the fiscal year ending and for other purposes; which was or- lishing and maintaining public safety, or re- September 30, 2002, and for other pur- dered to lie on the table; as follows: sponding to medical emergencies. poses; which was ordered to lie on the ‘‘(2) TERRORIST ATTACK ZONE.—The term On page 57, line 12 strike ‘‘$700,000,000’’ and table; as follows: replace with ‘‘$680,033,000.’’ ‘terrorist attack zone’ means any area des- On page 9, after line 12 insert the fol- ignated by the President or any applicable Beginning on page 3, strike line 18 and all lowing: State or local authority (as determined by that follows through page 4, line 21. On page 97, strike lines 13 through 19. SALARIES AND EXPENSES, UNITED STATES the Secretary) to be an area in which oc- curred a violent act or acts which— MARSHALS SERVICE SA 3754. Mr. HUTCHINSON sub- For an additional amount under this head- ‘‘(A) were dangerous to human life and a violation of the criminal laws of the United mitted an amendment intended to be ing for hiring 200 additional Deputy United proposed by him to the bill H.R. 4775, States Marshals for protection of the judicial States or of any State, and process in response to the terrorist attacks ‘‘(B) would appear to be intended to intimi- making supplemental appropriations of September 11, 2001 to be deployed to the date or coerce a civilian population, influ- for the fiscal year ending September 30, Federal districts with critical courtroom and ence the policy of a government by intimida- 2002, and for other purposes; which was prisoner security needs, $19,967,000, to remain tion, or affect the conduct of a government ordered to lie on the table; as follows: by assassination or kidnapping. available until expended: Provided, That the On page 10, strike lines 20 through 24. entire amount is designated by the Congress ‘‘(3) COMPENSATION.—The term ‘compensa- tion’ does not include pensions and retire- as an emergency requirement pursuant to SA 3755. Mr. HUTCHINSON sub- section 251(b)(2)(A) of the Balanced Budget ment pay.’’. (b) CONFORMING AMENDMENTS.— mitted an amendment intended to be and Emergency Deficit Control Act of 1985, (1) Section 3401(a)(1) of the Internal Rev- proposed by him to the bill H.R. 4775, as amended. enue Code of 1986 is amended by inserting making supplemental appropriations SA 3749. Mr. GRAHAM (for himself ‘‘or section 112A (relating to certain ter- for the fiscal year ending September 30, rorist attack zone compensation of civilian and Mr. NELSON of Florida) submitted 2002, and for other purposes; which was uniformed personnel)’’ after ‘‘United ordered to lie on the table; as follows: an amendment intended to be proposed States)’’. At the appropriate place, insert the fol- by him to the bill H.R. 4775, making (2) The table of sections for part III of sub- lowing: supplemental appropriations for the chapter B of chapter 1 of such Code is amend- fiscal year ending September 30, 2002, ed by inserting after the item relating to SEC. ll. ESTABLISHING A SINGLE STANDARD- IZED AMOUNT UNDER MEDICARE IN- and for other purposes; which was or- section 112 the following new item: PATIENT HOSPITAL PPS. dered to lie on the table; as follows: ‘‘Sec. 112A. Certain terrorist attack zone (a) IN GENERAL.—Section 1886(d)(3)(A) of On page 94, line 5 strike ‘‘$4,702,525,000’’and compensation of civilian uni- the Social Security Act (42 U.S.C. replace with ‘‘$4,682,558,000’’. formed personnel.’’. 1395ww(d)(3)(A)) is amended—

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.171 pfrm04 PsN: S05PT2 S5102 CONGRESSIONAL RECORD — SENATE June 5, 2002 (1) in clause (iv), by inserting ‘‘and ending discharges occurring on or after October 1, (2) inserting after subsection (a) the fol- on or before September 30, 2002,’’ after ‘‘Oc- 2002, the Secretary shall substitute a factor lowing: tober 1, 1995,’’; and of .925 for any factor that would otherwise ‘‘(b) CONTAMINATED SEAFOOD.— (2) by redesignating clauses (v) and (vi) as apply under such clause that is less than .925. ‘‘(1) REFUSAL OF ENTRY.—The Secretary of clauses (vii) and (viii), respectively, and in- Nothing in this clause shall be construed as Health and Human Services shall issue an serting after clause (iv) the following new authorizing— order refusing admission into the United clauses: ‘‘(I) the application of the last sentence of States of all imports of seafood originating ‘‘(v) For discharges occurring in the fiscal clause (i) to any substitution made pursuant from a country or exporter if it appears that year beginning on October 1, 2002, the aver- to this clause, or shipments of such seafood are likely to con- age standardized amount for hospitals lo- ‘‘(II) the application of the preceding sen- tain 1 or more compounds listed in section cated in areas other than a large urban area tence of this clause to adjustments for area 530.41(a) of title 21, Code of Federal Regula- shall be equal to the average standardized wage levels made under other payment sys- tions. The Secretary may consider— amount for hospitals located in a large urban tems established under this title (other than ‘‘(A) the detection of such compounds by area. the payment system under section 1833(t)) to the Secretary; ‘‘(vi) For discharges occurring in a fiscal which the factors established under clause (i) ‘‘(B) the detection of such compounds by a year beginning on or after October 1, 2003, apply.’’. person commissioned to carry out examina- the Secretary shall compute an average (b) OUTPATIENT PPS.—Section 1833(t)(2) of tions and investigations under section 702(a) standardized amount for hospitals located in the Social Security Act (42 U.S.C. 1395l(t)(2)) of this Act; all areas within the United States equal to is amended by adding at the end the fol- ‘‘(C) the detection by other importing the average standardized amount computed lowing: ‘‘For purposes of subparagraph (D) countries of such compounds in shipments of under clause (v) or this clause for the pre- for items and services furnished on or after seafood that originate from such country or vious fiscal year increased by the applicable October 1, 2002, if the factors established exporter; or percentage increase under subsection under clause (i) of section 1886(d)(3)(E) are ‘‘(D) other evidence or information as de- (b)(3)(B)(i) for the fiscal year involved.’’. used to adjust for relative differences in termined by the Secretary.’’ (b) CONFORMING AMENDMENTS.— labor and labor-related costs under the pay- ‘‘(2) ALLOWANCE OF INDIVIDUAL SHIPMENTS (1) UPDATE FACTOR.—Section ment system established under this sub- FROM EXPORTING COUNTRY OR EXPORTER.— 1886(b)(3)(B)(i)(XVII) of the Social Security section, the provisions of clause (ii) of such Notwithstanding an order under paragraph Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XVII)) is section (relating to a floor on area wage ad- (1) with respect to seafood originating from a amended by striking ‘‘for hospitals in all justment factor) shall apply to such factors, country or exporter, the Secretary may per- areas,’’ and inserting ‘‘for hospitals located as used in this subsection, in the same man- mit individual shipments of seafood origi- in a large urban area,’’. ner and to the same extent (including nating in that country or from that exporter (2) COMPUTING DRG-SPECIFIC RATES.— waiving the applicability of the requirement to be admitted into the United States if the (A) IN GENERAL.—Section 1886(d)(3)(D) of for such floor to be applied in a budget neu- exporter or importer presents evidence ac- such Act (42 U.S.C. 1395ww(d)(3)(D)) is tral manner) as they apply to factors under ceptable to the Secretary that a shipment amended— section 1886.’’. does not contain a compound listed in sec- (i) in the heading by striking ‘‘IN DIF- tion 530.41(a) of title 21, Code of Federal Reg- FERENT AREAS’’; SA 3756. Ms. LANDRIEU submitted ulations. (ii) in the matter preceding clause (i)— an amendment intended to be proposed ‘‘(3) CANCELLATION OF ORDER.—The Sec- (I) by inserting ‘‘for fiscal years before fis- by her to the bill H.R. 4775, making retary may cancel an order under paragraph (1) with respect to seafood exported from a cal year 1997’’ before ‘‘a regional DRG pro- supplemental appropriations for the spective payment rate for each region,’’; and country or exporter if— fiscal year ending September 30, 2002, ‘‘(A) the country or exporter has shown to (II) by striking ‘‘each of which is’’; and for other purposes; which was or- (iii) in clause (i)— the satisfaction of the Secretary that the (I) by inserting ‘‘for fiscal years before fis- dered to lie on the table; as follows: compound at issue is no longer sold for use, cal year 2003,’’ after ‘‘(i)’’; and At the end of chapter 2 of title I, add the or being used, in food-producing animals in (II) by striking ‘‘and’’ at the end; following: the country in which the seafood originated; (iv) in clause (ii)— SEC. 210. (a) APPROPRIATION FOR GULF or ‘‘(B) all shipments into the United States (I) by inserting ‘‘for fiscal years before fis- STATES INITIATIVE.—(1) There is hereby ap- under paragraph (2) of seafood originating in cal year 2003,’’ after ‘‘(ii)’’; and propriated $12,000,000 for the Gulf States Ini- that country or from that exporter more (II) by striking the period at the end and tiative. (2) The amount appropriated by paragraph than 1 year after the date on which the Sec- inserting ‘‘; and’’; and (1) is in addition to any other amounts ap- retary issued the order have been found, (v) by adding at the end the following new propriated by this Act for the Gulf States under the procedures described in paragraph clause: Initiative. (2), not to contain such a compound. ‘‘(iii) for a fiscal year beginning after fiscal (b) AVAILABILITY FOR COUNTER-DRUG AND (b) CONFORMING AMENDMENTS.—Section 801 year 2002, for hospitals located in all areas, COUNTER-TERRORISM OPERATIONS.—Of the of the Federal Food, Drug, and Cosmetic Act to the product of— amount appropriated by this Act for the Gulf (21 U.S.C. 381), as amended by subsection(a), ‘‘(I) the applicable average standardized States Initiative, as increased (if at all) by is amended by— amount (computed under subparagraph (A)), subsection (a), $12,000,000 shall be available (1) striking ‘’subsection (b)’’ in subsection reduced under subparagraph (B), and ad- under that Initiative for counter-drug and (a) and inserting ‘‘subsection (c)’’; justed or reduced under subparagraph (C) for counter-terrorism operations. (2) striking ‘‘subsection (b)’’ in subsection the fiscal year; and (c) OFFSET.—(1) The amount appropriated (d) and inserting ‘‘subsection (c)’’; ‘‘(II) the weighting factor (determined by chapter 6 of title I under the heading (3) striking ‘‘subsection (e)’’ in subsection under paragraph (4)(B)) for that diagnosis-re- ‘‘FOREIGN MILITARY FINANCING PROGRAM’’ is (g)(1) and inserting ‘‘subsection (f)’’; lated group.’’. hereby reduced by $6,000,000. (4) striking ‘‘section 801(a)’’ in subsection (B) TECHNICAL CONFORMING SUNSET.—Sec- (2) The amount appropriated by chapter 6 (h)(1)(A)(i) and inserting ‘‘subsection (a) of tion 1886(d)(3) of such Act (42 U.S.C. of title I under the heading ‘‘INTER- this section’’; 1395ww(d)(3)) is amended in the matter pre- NATIONAL DISASTER ASSISTANCE’’ and (5) striking ‘‘section 801(a)’’ in subsection ceding subparagraph (A) by inserting ‘‘for available for humanitarian, refugee, and re- (h)(1)(A)(ii) and inserting ‘‘subsection (a) of fiscal years before fiscal year 1997’’ before ‘‘a construction assistance for the West Bank this section’’; and regional DRG prospective payment rate’’. and Gaza is hereby reduced by $6,000,000. (6) striking ‘‘section 801(d)(1);’’ in sub- SEC. ll. FLOOR ON AREA WAGE ADJUSTMENT section (h)(1)(A)(iii) and inserting ‘‘sub- FACTORS USED UNDER MEDICARE SA 3757. Mr. HOLLINGS submitted section (d)(1) of this section;’’ PPS FOR INPATIENT AND OUT- an amendment intended to be proposed PATIENT HOSPITAL SERVICES. by him to the bill H.R. 4775, making SA 3758. Mr. MILLER submitted an (a) INPATIENT PPS.—Section 1886(d)(3)(E) of supplemental appropriations for the amendment intended to be proposed by the Social Security Act (42 U.S.C. fiscal year ending September 30, 2002, him to the bill H.R. 4775, making sup- 1395ww(d)(3)(E)) is amended— plemental appropriations for the fiscal (1) by inserting ‘‘(i) IN GENERAL.—’’ before and for other purposes; which was or- ‘‘The Secretary’’, and adjusting the margin dered to lie on the table; as follows: year ending September 30, 2002, and for two ems to the right; At the appropriate place insert the fol- other purposes; which was ordered to (2) by striking ‘‘The Secretary’’ and insert- lowing: lie on the table; as follows: ing ‘‘Subject to clause (ii), the Secretary’’; SEC. . CONTAMINATED SEAFOOD. At the appropriate place, insert the fol- and (a) IN GENERAL.—Section 801 of the Federal lowing: (3) by adding at the end the following new Food, Drugs, and Cosmetic Act (21 U.S.C. 381) SEC. ll. (a) The Senate finds that— clause: is amended by— (1) S. 2551, the Senate’s fiscal year 2002 sup- ‘‘(ii) FLOOR ON AREA WAGE ADJUSTMENT FAC- (1) redesignating subsections (b) through plemental bill, was scored at $30,900,000,000 or TOR.—Notwithstanding clause (i), in deter- (g) as subsections (c) through (h), respec- approximately $3,800,000,000 over the Presi- mining payments under this subsection for tively; and dent’s request of $27,100,000,000;

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.162 pfrm04 PsN: S05PT2 June 5, 2002 CONGRESSIONAL RECORD — SENATE S5103 (2) there is a general acknowledgement the curriculum, purchase training materials (3) by redesignating subparagraph (G) as that a short-term budget deficit may be nec- and equipment, and pay instructor salaries subparagraph (C). essary to provide the appropriate resources to train, in the State of Utah, at the Inter- (d) EXTENSION OF PAY-AS-YOU-GO.— to fight the war on terrorism, it is in our Mountain Western Regional Training Center, (1) ENFORCEMENT.—Section 252 of the Bal- best interest to balance the Federal budget 400 law enforcement first responders from anced Budget and Emergency Deficit Control as quickly as possible; across the United States as the initial part Act of 1985 (2 U.S.C. 902) is amended— (3) the Senate may approve additional re- of a ‘Train the Trainer’ program to combat (A) in subsection (a), by striking ‘‘2002’’ sources in this bill over the President’s re- terrorism,’’. and inserting ‘‘2007’’; and quest, these additional funds should be con- (B) in subsection (b), by striking ‘‘2002’’ sidered in conjunction with the fiscal year SA 3762. Mr. CONRAD submitted an and inserting ‘‘2007’’. 2003 appropriations process and this consid- amendment intended to be proposed by (2) PAY-AS-YOU-GO RULE IN THE SENATE.— eration would promote fiscal discipline and him to the bill H.R. 4775, making sup- (A) IN GENERAL.—Section 207 of House Con- eventual solvency; and plemental appropriations for the fiscal current Resolution 68 (106th Congress) is (4) the bill recognizes the need to fund year ending September 30, 2002, and for amended— emergency homeland requirements, at the other purposes; which was ordered to (i) in subsection (b)— same time the impact of this supplemental lie on the table; as follows: (I) in paragraph (1), by inserting after appropriations bill on domestic spending and ‘‘would’’ the following: ‘‘decrease the on- our budget deficit should also be recognized. At the appropriate place insert the fol- budget surplus,’’; and (b) It is the sense of the Senate that the lowing: (II) in paragraph (6), by striking all after fiscal year 2003 appropriations bills should be PARKING APRON REPAIR the dash and inserting ‘‘If direct spending or lowered by the amount determined by CBO Of the amounts available in Public Law revenue legislation decreases the on-budget that any fiscal year 2002 supplemental en- 107–117 under the heading ‘‘Operation and surplus, increases the on-budget deficit, or acted in fiscal year 2002 is over the Presi- Maintenance, Air Force,’’ an additional causes an on-budget deficit when taken indi- dent’s proposed $27,100,000,000 request for the $5,700,000 shall be available for completion of vidually, then it must also decrease the on- supplemental appropriations bill. emergency repairs to the main parking budget surplus, increase the on-budget def- apron (C-Ramp) at Grand Forks AFB, North icit, or cause an on-budget deficit when SA 3759. Mr. HATCH (for himself, Ms. Dakota, and shall remain available until ex- taken together with all direct spending and MIKULSKI, and Mr. KENNEDY) submitted pended. revenue legislation enacted since the begin- an amendment intended to be proposed ning of the calendar year not accounted for SA 3763. Mr. DOMENICI submitted an by him to the bill H.R. 4775, making in the baseline under paragraph (5)(A).’’; and amendment intended to be proposed by supplemental appropriations for the (ii) in subsection (g), by striking ‘‘2002’’ him to the bill H.R. 4775, making sup- and inserting ‘‘2007’’. fiscal year ending September 30, 2002, plemental appropriations for the fiscal (B) SENATE PAY-AS-YOU-GO ADJUSTMENT.— and for other purposes; which was or- year ending September 30, 2002, and for For purposes of Senate enforcement of sec- dered to lie on the table; as follows: other purposes; which was ordered to tion 207 of House Concurrent Resolution 68 On page 104, insert between lines 23 and 24 lie on the table; as follows: (106th Congress), upon the enactment of this the following: Act, the Chairman of the Committee on the At the appropriate place, insert the fol- PROCEEDS OF CONSENT DECREE FOR FACILITY Budget of the Senate shall adjust balances of lowing: direct spending and receipts for all fiscal For the General Services Administration, SEC. ll. BUDGET ENFORCEMENT. for planning, building, and equipping the years to zero. (a) EXTENSION OF BUDGET ENFORCEMENT (3) PAY-AS-YOU-GO ENFORCEMENT DURING ON- Food and Drug Administration consolidated POINTS OF ORDER.—Section 904 of the Con- campus in White Oak, Maryland, an amount BUDGET SURPLUS.—If, prior to September 30, gressional Budget Act of 1974 (2 U.S.C. 621 2007, the Final Monthly Treasury Statement equal to all amounts deposited in the United note) is amended— States Treasury before, on, or after the date for any of fiscal years 2002 through 2006 re- (1) in subsection (c)(2)— ports an on-budget surplus, section 252 of the of enactment of this Act under the consent (A) by inserting ‘‘and’’ before ‘‘312(b)’’ and decree entered pursuant to United States v. Balanced Budget and Emergency Deficit by striking ‘‘, and 312(c)’’; and Control Act of 1985 (2 U.S.C. 902) shall expire Schering Plough Corp. et. al.; number c. (B) by striking ‘‘258C(a)(5)’’; and 02397 (JAP), signed on May 20, 2002, not to ex- at the end of the subsequent fiscal year, and (2) in subsection (d)(3)— the President, in the next budget, shall sub- ceed $675,000,000, to remain available until (A) by inserting ‘‘and’’ before ‘‘312(b)’’ and expended. mit to Congress a recommendation for pay- by striking ‘‘, and 312(c)’’; and as-you-go enforcement procedures that the (B) by striking ‘‘258C(a)(5)’’; and SA 3760. Mr. REID (for himself and president believes are appropriate when (3) in subsection (e), by striking ‘‘2002’’ and there is an on-budget surplus. Mr. INHOFE) submitted an amendment inserting ‘‘2007’’. intended to be proposed by him to the (b) EXTENSION OF BUDGET ENFORCEMENT SA 3764. Mr. DASCHLE (for himself ACT PROVISIONS.— bill H.R. 4775, making supplemental ap- and Mr. CONRAD) proposed an amend- propriations for the fiscal year ending (1) IN GENERAL.—Section 275(b) of the Bal- ment to the bill H.R. 4775, making sup- September 30, 2002, and for other pur- anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended to plemental appropriations for the fiscal poses; which was ordered to lie on the read as follows: year ending September 30, 2002, and for table; as follows: ‘‘(b) EXPIRATION.—Sections 251 and 258B of other purposes; as follows: On page 10, line 7, strike ‘‘$10,000,000’’ and this Act and sections 1105(f) and 1106(c) of At the appropriate place, insert the fol- all that follows through the period and in- title 31, United States Code, shall expire Sep- lowing: sert the following: ‘‘$20,000,000, to be derived tember 30, 2007. The remaining sections of SEC. ll. BUDGET ENFORCEMENT. from amounts made available for this pur- part C of this title shall expire on September (a) EXTENSION OF BUDGET ENFORCEMENT pose in Public Law 107–77 and Public Law 30, 2011.’’. POINTS OF ORDER.—Section 904 of the Con- 107–117: Provided further, That of the funds (2) STRIKING EXPIRED PROVISIONS.— gressional Budget Act of 1974 (2 U.S.C. 621 appropriated under this heading, $10,000,000 (A) BBA.—The Balanced Budget and Emer- note) is amended— shall be made available to accelerate the col- gency Deficit Control Act of 1985 (2 U.S.C. 900 (1) in subsection (c)(2)— lection of publicly available personal infor- et seq.) is amended by striking section 253. (A) by inserting ‘‘and’’ before ‘‘312(b)’’ and mation on individuals from nations known (B) CONGRESSIONAL BUDGET ACT.—The Con- by striking ‘‘, and 312(c)’’; and to harbor or sponsor terrorists: Provided fur- gressional Budget Act of 1974 (2 U.S.C. 621 et (B) by striking ‘‘258C(a)(5)’’; and ther, That the percentage specified in section seq.) is amended— (2) in subsection (d)(3)— 16(d)(2) of the Victims of Violent Crime Com- (i) in section 312, by striking subsection (A) by inserting ‘‘and’’ before ‘‘312(b)’’ and pensation Act of 1996, as amended by this (c); and by striking ‘‘, and 312(c)’’; and Act, shall be deemed to be 10 percent in lieu (ii) in section 314— (B) by striking ‘‘258C(a)(5)’’; and of 50 percent.’’. (I) in subsection (b), by striking para- (3) in subsection (e), by striking ‘‘2002’’ and graphs (2) through (5) and redesignating inserting ‘‘2007’’. SA 3761. Mr. HATCH submitted an paragraph (6) as paragraph (2); and (b) EXTENSION OF BUDGET ENFORCEMENT amendment intended to be proposed by (II) by striking subsection (e). ACT PROVISIONS.— him to the bill H.R. 4775, making sup- (c) EXTENSION OF DISCRETIONARY CAPS.— (1) IN GENERAL.—Section 275(b) of the Bal- plemental appropriations for the fiscal Section 251(b)(2) of the Balanced Budget and anced Budget and Emergency Deficit Control Emergency Deficit Control Act of 1985 (2 year ending September 30, 2002, and for Act of 1985 (2 U.S.C. 900 note) is amended to U.S.C. 901(b)(2)) is amended read as follows: other purposes; which was ordered to (1) in the matter before subparagraph (A), ‘‘(b) EXPIRATION.—Sections 251 and 258B of lie on the table; as follows: by striking ‘‘2002’’ and inserting ‘‘2007’’; this Act and sections 1105(f) and 1106(c) of On page 8, line 12, after ‘‘$000,000,’’ insert: (2) by striking subparagraphs (C), (D), (E), title 31, United States Code, shall expire Sep- ‘‘of which $2,100,000 shall be used to develop and (F); and tember 30, 2007. The remaining sections of

VerDate 11-MAY-2000 00:58 Jun 07, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A05JN6.158 pfrm04 PsN: S05PT2 S5104 CONGRESSIONAL RECORD — SENATE June 5, 2002 part C of this title shall expire on September which was ordered to lie on the table; PRIVILEGES OF THE FLOOR 30, 2011.’’. as follows: (2) STRIKING EXPIRED PROVISIONS.— Mr. BOND. Madam President, I ask In lieu of the matter proposed to be in- (A) BBA.—The Balanced Budget and Emer- unanimous consent a legislative fellow serted, insert the following: gency Deficit Control Act of 1985 (2 U.S.C. 900 in my office, John Stoody, be granted The $300,000 made available to the State of et seq.) is amended by striking section 253. the privilege of the floor. Idaho under the matter under the heading (B) CONGRESSIONAL BUDGET ACT.—The Con- ‘‘JOB ACCESS AND REVERSE COMMUTE The ACTING PRESIDENT pro tem- gressional Budget Act of 1974 (2 U.S.C. 621 et GRANTS’’ under the heading ‘‘FEDERAL pore. Without objection, it is so or- seq.) is amended— TRANSIT ADMINISTRATION’’ in title I of dered. (i) in section 312, by striking subsection the Department of Transportation and Re- Mr. FEINGOLD. Madam President, I (c); and lated Agencies Appropriations Act, 2002 (ii) in section 314— ask unanimous consent that for the du- (Public Law 107–87; 115 Stat. 852), shall be (I) in subsection (b), by striking para- ration of the bill a legislative fellow in deemed to have been made available to the graphs (2) through (5) and redesignating Senator WYDEN’s office, Gerhard State of Idaho to carry out a job training paragraph (6) as paragraph (2); and Kuska, be granted Senate floor privi- and supportive services program under sec- (II) by striking subsection (e). tion 140(b) of title 23, United States Code. leges. (c) EXTENSION OF DISCRETIONARY CAPS.— The PRESIDING OFFICER. Without Section 251(b)(2) of the Balanced Budget and f objection, it is so ordered. Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended AUTHORITY FOR COMMITTEES TO f (1) in the matter before subparagraph (A), MEET SUPPLEMENTAL APPROPRIATIONS by striking ‘‘2002’’ and inserting ‘‘2007’’; (2) by striking subparagraphs (C), (D), (E), COMMITTEE ON ENVIRONMENT AND PUBLIC ACT FOR FISCAL YEAR 2002—Con- and (F); and WORKS tinued (3) by redesignating subparagraph (G) as Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- subparagraph (C). imous consent that the Committee on imous consent that we return to the (d) EXTENSION OF PAY-AS-YOU-GO.— Environment and Public Works be au- Supplemental Appropriations Act for (1) ENFORCEMENT.—Section 252 of the Bal- thorized to meet on Wednesday June 5, further recovery from and response to anced Budget and Emergency Deficit Control 2002, at 10 a.m. to conduct a hearing, Act of 1985 (2 U.S.C. 902) is amended— terrorist attacks in the United States. (A) in subsection (a), by striking ‘‘2002’’ entitled ‘‘Nuclear Security,’’ to receive The PRESIDING OFFICER. The and inserting ‘‘2007’’; and testimony concerning S. 1586, ‘‘a bill to clerk will report the pending business. (B) in subsection (b), by striking ‘‘2002’’ amend the Atomic Energy Act of 1954 The assistant legislative clerk read and inserting ‘‘2007’’. to authorize the carrying of firearms as follows: (2) PAY-AS-YOU-GO RULE IN THE SENATE.— by employees of licensees, and for A bill (H.R. 4775) making supplemental ap- (A) IN GENERAL.—Section 207 of House Con- other purposes’’ and S. 1746, ‘‘a bill to propriations for further recovery from and current Resolution 68 (106th Congress) is amend the Atomic Energy Act of 1974 response to terrorist attacks on the United amended in subsection (g), by striking ‘‘2002’’ to strengthen security at sensitive nu- States for the fiscal year ending September and inserting ‘‘2007’’. clear facilities.’’ 30, 2002, and for other purposes. (B) SENATE PAY-AS-YOU-GO ADJUSTMENT.— For purposes of Senate enforcement of sec- The hearing will be held in SD–406. CLOTURE MOTION tion 207 of House Concurrent Resolution 68 The PRESIDING OFFICER. Without Mr. REID. I send a cloture motion to (106th Congress), upon the enactment of this objection, it is so ordered. the desk. Act, the Chairman of the Committee on the COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. The clo- Budget of the Senate shall adjust balances of Mr. REID. Mr. President, I ask unan- ture motion having been presented direct spending and receipts for all fiscal years to zero. imous consent that the Committee on under rule XXII, the Chair directs the (3) PAY-AS-YOU-GO ENFORCEMENT DURING ON- Foreign Relations be authorized to clerk to read the motion. BUDGET SURPLUS.—If, prior to September 30, meet during the session of the Senate The legislative clerk read as follows: 2007, the Final Monthly Treasury Statement on Wednesday, June 5, 2002 at 10 a.m. to CLOTURE MOTION for any of fiscal years 2002 through 2006 re- hold a hearing on Cuba. We, the undersigned Senators, in ac- ports an on-budget surplus, section 252 of the cordance with the provisions of rule Balanced Budget and Emergency Deficit Agenda Control Act of 1985 (2 U.S.C. 902) shall expire XXII of the Standing Rules of the Sen- Witness: The Honorable Carl Ford, ate, hereby move to bring to a close at the end of the subsequent fiscal year, and Jr., Assistant Secretary for Intel- the President, in the next budget, shall sub- the debate on calendar No. 405, H.R. mit to Congress a recommendation for pay- ligence and Research, Department of 4775, the supplemental appropriations as-you-go enforcement procedures that the State, Washington, DC. bill: president believes are appropriate when The PRESIDING OFFICER. Without Hillary Clinton, Harry Reid, Jack Reed, there is an on-budget surplus. objection, it is so ordered. Evan Bayh, Debbie Stabenow, Blanche SELECT COMMITTEE ON INTELLIGENCE Lincoln, Maria Cantwell, Daniel SA 3765. Mr. SANTORUM proposed Mr. REID. Mr. President, I ask unan- Akaka, Daniel Inouye, Joseph an amendment to amendment SA 3764 Lieberman, Byron Dorgan, Tom Car- imous consent that the Select Com- proposed by Mr. DASCHLE (for himself per, Tom Daschle, Tim Johnson, Patty mittee on Intelligence be authorized to and Mr. CONRAD) to the bill (H.R. 4775) Murray, Barbara Mikulski. meet during the session of the Senate making supplemental appropriations f for the fiscal year ending September 30, on Wednesday, June 5, 2002 at 2:30 p.m. EXECUTIVE SESSION 2002, and for other purposes; as follows: to hold a closed hearing on intelligence matters. At the end of the amendment add the fol- The PRESIDING OFFICER. Without lowing: EXECUTIVE CALENDAR SEC. . The provisions of S. Con. Res. 100 objection, it is so ordered. (107th Congress) as reported by the Com- SUBCOMMITTEE ON HOUSING AND Mr. REID. Mr. President, I ask unan- mittee on the Budget and placed on the cal- TRANSPORTATION imous consent that the Senate proceed endar is adopted by the Senate and the Mr. REID. Mr. President, I ask unan- to executive session to consider the House of Representatives as the concurrent imous consent that the Subcommittee Foreign Service nominations placed on resolution on the budget for fiscal year 2003 on Housing and Transportation of the the Secretary’s desk; that the nomina- in accordance with section 301 of the Con- gressional Budget Act of 1974. Committee on Banking, Housing, and tions be confirmed; that the motions to Urban Affairs be authorized to meet reconsider be laid upon the table; that SA 3766. Mr. CRAIG submitted an during the session of the Senate on the President be immediately notified amendment intended to be proposed by Wednesday, June 5, 2002 at 2:30 p.m. to of the Senate’s action; that any state- him to the bill H.R. 4755, to designate conduct an oversight hearing on ments relating to the nominations be the facility of the United States Postal ‘‘Lead-Based Paint Poisoning: Federal printed in the RECORD; and that the Service located at 204 south Broad Responses.’’ Senate return to legislative session, Street in Lancaster, Ohio, as the ‘‘Clar- The PRESIDING OFFICER. Without without any intervening action or de- ence Miller Post Office Building’’; objection, it is so ordered. bate.

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