S.Amdt. 123Senate108th Congress (2003-2005)
To increase funding for reducing health disparities and promoting minority health.
Sponsored by 
Sen. Edward M. Kennedy (D-MA)
Sen. Edward M. Kennedy (D-MA)Submitted January 21, 2003
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Senate amendment proposed (on the floor): Amendment SA 123 proposed by Senator Kennedy.(consideration: CR S1386-1389, S1401-1402; text: CR S1386-1387)
January 23, 2003
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Floor
Senate amendment proposed (on the floor): Amendment SA 123 proposed by Senator Kennedy.(consideration: CR S1386-1389, S1401-1402; text: CR S1386-1387)
January 23, 2003
Floor
Roll call votes on amendments in Senate: Motion to table amendment SA 123 agreed to in Senate by Yea-Nay Vote. 51 - 46. Record Vote Number: 20.
January 23, 2003
Floor
Amendment SA 123 proposed by Senator Kennedy. (consideration: CR S1386-1389, S1401-1402; text: CR S1386-1387) To increase funding for reducing health disparities and promoting minority health.
January 23, 2003
Floor
Motion to table amendment SA 123 agreed to in Senate by Yea-Nay Vote. 51 - 46. Record Vote Number: 20.
January 23, 2003
Floor
Senate amendment submitted
January 21, 2003
Votes
1 roll call on this amendment
Text
Submitted
TEXT OF AMENDMENTS
______
SA 67. Mr. EDWARDS (for himself, Mr. Lieberman, Mr. Jeffords, Mrs.
Clinton, Mr. Reid, Mr. Daschle, and Mr. Schumer) proposed an amendment
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; as
follows:
At the appropriate place, insert the following:
SEC. __. NEW SOURCE REVIEW FINAL RULE.
(a) Cooperative Agreement.--As soon as practicable after
the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall enter into a
cooperative agreement with the National Academy of Sciences
to determine, not later than September 1, 2003, whether and
to what extent the final rule relating to prevention of
significant deterioration and nonattainment new source
review, published at 67 Fed. Reg. 80186 (December 31, 2002),
would allow or could result in--
(1) any increase in air pollution (in the aggregate or at
any specific site); or
(2) any adverse effect on human health.
(b) Delayed Effective Date.--The final rule described in
subsection (a) shall not take effect before September 15,
2003.
______
SA 68. Mr. SPECTER submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert:
SEC. __. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN
PLANS.
(a) Funding Rules for Certain Plans.--
(1) In general.--Notwithstanding any other provision of the
Internal Revenue Code of 1986 or the Employee Retirement
Income Security Act of 1974, the minimum funding rules under
paragraph (2) shall apply for any plan year beginning after
December 31, 2002, in the case of a defined benefit plan
which--
(A) was established by an air carrier which was granted a
conditional loan guarantee by the Air Transport Stabilization
Board on July 10, 2002, and which filed for protection under
chapter 11 of title 11, United States Code, on August 11,
2002, and
(B) is maintained for the benefit of such carrier's
employees pursuant to a collective bargaining agreement.
(2) Special funding rule.--
(A) In general.--In the case of a plan described in
paragraph (1), the minimum funding requirements under this
paragraph shall be the requirements set forth in Treasury
Regulation section 1.412(c)(1)-3 (as in effect on the date of
the enactment of this section).
[[Page S1254]]
(B) Rules of special application.--In applying the
requirements of Treasury Regulation section 1.412(c)(1)-3 for
purposes of paragraph (1)--
(i) the plan shall be treated as having met the
requirements of Treasury Regulation section 1.412(c)(1)-
3(a)(2),
(ii) the payment schedules shall be determined--
(I) by using the maximum amortization period permitted
under section 1.412(c)(1)-3, and
(II) on the basis of the actuarial valuation of the accrued
liability and the current liability of the plan as of January
1, 2003, less the actuarial value of the plan assets on that
date,
(iii) the payments under a restoration payment schedule
shall be made in level amounts over the payment period, and
(iv) the actuarial value of assets shall be the fair market
value of such assets as of January 1, 2003, with prospective
investment returns in excess of or less than the assumed
return phased in over 5 years.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2002.
______
SA 69. Mrs. CLINTON submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1014, after line 13, insert the following new
section:
``SEC. 423. From amounts previously appropriated under the
heading ``Emergency Response Fund'' in Public Law 107-038,
$90,000,000 shall be made ava lable, until expended, for the
Federal Emergency Management Agency to administer baseline
and follow-up screening and clinical examinations and long-
term health monitoring and analysis for emergency services
personnel and rescue and recovery personnel, of which not
less that $25,000,000 shall be made available for such
services for current and retired firefighters.''.
______
SA 70. Mr. FRIST submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table, as follows:
At the appropriate place add the following:
UNITED STATES POSTAL SERVICE
The United States Postal Service (USPS) is required under
Title 5, Chapter 83 United States Code, to fund civil service
Retirement System benefits attributable to USPS employment
since 1971;
The Office of Personnel Management has reviewed the USPS
financing of the civil Service Retirement System and
determined current law payments overfund USPS liability;
Therefore, It is the Sense of the Senate that the Congress
should address the USPS funding of the Civil Service
Retirement System pension benefits.
______
SA 71. Mr. DODD (for himself, Mr. Kennedy, Ms. Mikulski, Mr.
Jeffords, Mrs. Murray, Mr. Edwards, Mr. Dayton, Mr. Corzine, Mr. Kerry,
Mr. Reid, Mr. Reed, Mrs. Clinton, Mr. Bingaman, Mr. Johnson, and Mr.
Schumer) proposed an amendment to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; as follows:
On page 1052, line 25, strike ``budget).'' and insert the
following: ``budget).
TITLE __--FUNDING EDUCATION FOR CHILDREN WITH DISABILITIES
SEC. __. HELPING CHILDREN SUCCEED BY FUNDING THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT (IDEA).
Congress makes the following findings:
(1) All children deserve a quality education.
(2) In Pennsylvania Association for Retarded Children vs.
Commonwealth of Pennsylvania (334 F. Supp. 1247)(E. Dist. Pa.
1971), and Mills vs. Board of Education of the District of
Columbia (348 F. Supp. 866)(Dist. D.C. 1972), the courts
found that children with disabilities are entitled to an
equal opportunity to an education under the 14th amendment of
the Constitution.
(3) In 1975, Congress passed what is now known as the
Individuals with Disabilities Education Act (referred to in
this section as ``IDEA'') (20 U.S.C. 1400 et seq.) to help
States provide all children with disabilities a free,
appropriate public education in the least restrictive
environment. At full funding, Congress contributes 40 percent
of the average per pupil expenditure for each child with a
disability served.
(4) Before 1975, only \1/5\ of the children with
disabilities received a formal education. At that time, many
States had laws that specifically excluded many children with
disabilities, including children who were blind, deaf, or
emotionally disturbed, from receiving such an education.
(5) IDEA currently serves an estimated 200,000 infants and
toddlers, 600,000 preschoolers, and 5,400,000 children 6 to
21 years of age.
(6) IDEA enables children with disabilities to be educated
in their communities, and thus, has assisted in dramatically
reducing the number of children with disabilities who must
live in State institutions away from their families.
(7) The number of children with disabilities who complete
high school has grown significantly since the enactment of
IDEA.
(8) The number of children with disabilities who enroll in
college as freshmen has more than tripled since the enactment
of IDEA.
(9) The overall effectiveness of IDEA depends upon well
trained special education and general education teachers,
related services personnel, and other school personnel.
Congress recognizes concerns about the nationwide shortage of
personnel serving students with disabilities and the need for
improvement in the qualifications of such personnel.
(10) IDEA has raised the Nation's awareness about the
abilities and capabilities of children with disabilities.
(11) Improvements to IDEA in the 1997 amendments increased
the academic achievement of children with disabilities and
helped them to lead productive, independent lives.
(12) Changes made in 1997 also addressed the needs of those
children whose behavior impedes learning by implementing
behavioral assessments and intervention strategies to ensure
that they receive appropriate supports in order to receive a
quality education.
(13) IDEA requires a full partnership between parents of
children with disabilities and education professionals in the
design and implementation of the educational services
provided to children with disabilities.
(14) While the Federal Government has more than doubled
funding for part B of IDEA since 1995, the Federal Government
has never provided more than 17 percent of the maximum State
grant allocation for educating children with disabilities.
(15) By fully funding IDEA, Congress will strengthen the
ability of States and localities to implement the
requirements of IDEA.
SEC. __. FUNDING FOR PART B OF THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) In General.--Notwithstanding any other provision of
this Act, in addition to any amounts otherwise appropriated
under this Act for part B of the Individuals with
Disabilities Education Act, other than section 619 of such
part, the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated for the fiscal
year ending September 30, 2003, $1,500,000,000 for carrying
out such part, other than section 619 of such part, to remain
available through September 30, 2004.
(b) Across-the-Board Rescission.--Notwithstanding any other
provision of this Act, funds provided under subsection (a)
shall not result in a further across-the-board rescission
under section 601 of Division N.''.
______
SA 72. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the joint resolution, insert
the following:
Sec. __. In addition to the funds provided elsewhere in
this joint resolution, the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated,
for fiscal year 2003: $10,000,000 to provide for grants as
authorized by section 11027 of Public Law 107-273, to
implement the Crime-free Rural States Program.
(b) The amount made available under the account for
buildings and facilities of the Federal Prison System in this
joint resolution is reduced by $10,000,000.
______
SA 73. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the joint resolution, insert
the following:
Sec. __. In addition to the funds provided elsewhere in
this joint resolution, the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated,
for fiscal year 2003: $10,000,000 to provide for grants as
authorized by section 11027 of Public Law 107-273, to
implement the Crime-free Rural States Program.
______
SA 74. Mr. STEVENS (for himself and Mr. Frist) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table, as follows:
In Division L, Homeland Security Act of 2002 Amendments, in
Section 101(1)(b)(2)(c), strike the first sentence and insert
in lieu thereof:
``To the extent that exercising such discretion is in the
interest of Homeland Security, and with respect to the
designation of any
[[Page S1255]]
given university-based center for homeland security, the
Security may except certain criteria as specified in
308(b)(2)(B) and consider additional criteria beyond those
specified in 308(b)(2)(B).''
______
SA 75. Mrs. CLINTON submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1037, strike lines 7 through 12 and insert the
following:
SEC. 206. SPECIALTY CROPS.
(a) Definition of Specialty Crop.--In this section, the
term ``specialty crop'' means any agricultural commodity,
other than wheat, feed grains, oilseeds, cotton, rice,
peanuts, or tobacco.
(b) Assistance.--The Secretary shall use $500,000,000 of
funds of the Commodity Credit Corporation to provide
emergency financial assistance for each of crop years 2001
and 2002 to producers of specialty crops for losses incurred
as a result of damaging weather or related condition.
______
SA 76. Mr. KOHL submitted an amendment intended to be proposed by him
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes, which
was ordered to lie on the table; as follows:
In Division A, at the appropriate place, insert the
following new section:
``Sec. . There is hereby appropriated $6,000,000 for
grants made available in accordance with section 7412 of
Public Law 107-171.''
______
SA 77. Mr. KOHL submitted an amendment intended to be proposed by him
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table, as follows:
In Division A, at the appropriate place, insert the
following new section:
``SEC. . SUMMER FOOD PILOT PROJECTS.
(a) In General.--Section 18(f) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(f)) is amended--
(1) in paragraph (1), by striking ``means a State'' and all
that follows and inserting ``means each State.'';
(2) in paragraph (5)(A), by striking ``pilot project'' and
inserting ``pilot projects carried out in eligible States
that participated in the pilot project during fiscal year
2001''; and
(3) in paragraph (6)(A), by inserting ``in eligible States
that participated in the pilot project during fiscal year
2001'' after ``carried out''.
(b) Effective Date.--The amendments made by subsection (a)
take effect immediately upon enactment of this Act.''
______
SA 78. Mr. GREGG proposed an amendment to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003; and for other purposes; as follows:
At the appropriate place, add the following:
``SEC. . FUNDING FOR INDIVIDUALS WITH DISABILITIES EDUCATION
ACT.
In addition to any amounts otherwise appropriated under
this Act for support of the Individuals with Disabilities
Education Act the following sum is appropriated out of any
money in the Treasury not otherwise appropriated for this
fiscal year ending September 30, 2003, $1,500,000,000, which
is to remain available through September 30, 2004, provided
that, unless there is a separate and specific offset for any
amounts that are appropriated under Title III of Division G
for support of special education in excess of $9,691,424,000
for the individuals with Disabilities Education Act, the
percentage amount of any across-the-board rescission provided
under section 601 of Division of N of this Act shall be
increased by the percentage amount necessary to rescind an
amount of funds equal to the total amounts appropriated in
excess of $9,691,424,000 for special education in Title III
of Division G.''
______
SA 79. Mr. DASCHLE submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 1032, strike line 21 and all that follows
through page 1040, line 25, and insert the following:
TITLE II--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Emergency Agricultural
Disaster Assistance Act of 2003''.
SEC. 202. CROP DISASTER ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to
in this title as the ``Secretary'') shall use such sums as
are necessary of funds of the Commodity Credit Corporation to
make emergency financial assistance authorized under this
section available to producers on a farm that have incurred
qualifying crop losses for the 2001 or 2002 crop, or both,
due to damaging weather or related condition, as determined
by the Secretary.
(b) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-55),
including using the same loss thresholds for the quantity and
quality losses as were used in administering that section.
(c) Crop Insurance.--In carrying out this section, the
Secretary shall not discriminate against or penalize
producers on a farm that have purchased crop insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 203. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation as are
necessary to make and administer payments for livestock
losses to producers for 2001 or 2002 losses, or both, in a
county that has received a corresponding emergency
designation by the President or the Secretary, of which an
amount determined by the Secretary shall be made available
for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549, 1549A-51).
(b) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51).
SEC. 204. FUNDING.
Of the funds of the Commodity Credit Corporation, the
Secretary shall--
(1) use such sums as are necessary to carry out this title,
to remain available until expended; and
(2) transfer to the fund established by section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c), to remain available
until expended, an amount equal to the amount of funds under
section 32 of that Act that--
(A) were made available before the date of enactment of
this Act to provide assistance to livestock producers under
the 2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070); and
(B) were not otherwise reimbursed from another account used
by the Secretary or the Commodity Credit Corporation.
SEC. 205. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under
this title shall be available only to the extent that the
President submits to Congress an official budget request for
a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement for
the purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 900 et seq.).
(b) Designation.--The entire amount made available under
this section is designated by Congress as an emergency
requirement under sections 251(b)(2)(A) and 252(e) of that
Act (2 U.S.C. 901(b)(2)(A), 902(e)).
SEC. 206. BUDGETARY TREATMENT.
Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the Joint Explanatory Statement of
the Committee of Conference accompanying Conference Report
No. 105-217, the provisions of this title that would have
been estimated by the Office of Management and Budget as
changing direct spending or receipts under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 902) were it included in an Act other than an
appropriation Act shall be treated as direct spending or
receipts legislation, as appropriate, under section 252 of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 902).
______
SA 80. Mr. DAYTON (for himself, Mr. Johnson, and Mr. Coleman)
proposed an amendment to the joint resolution H.J. Res. 2, making
further continuing appropriations for the fiscal year 2003, and for
other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. CONTRACTS WITH CORPORATE EXPATRIATES.
(a) Short Title.--This section may be cited as the
``Senator Paul Wellstone Corporate Patriotism Act of 2003''.
(b) Limitation on Waivers.--Section 835 of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
striking subsection (d) and inserting the following:
``(d) Waivers.--The President may waive subsection (a) with
respect to any specific contract if the President certifies
to Congress that the waiver is essential to the national
security.''.
(c) Expanded Coverage of Entities.--Section 835(a) of such
Act is amended by inserting ``nor any directly or indirectly
held subsidiary of such entity'' after ``subsection (b)''.
(d)Section 835(b)(1) of such act is amended by inserting
``before, on, or'' after ``completes''.
______
SA 81. Mr. DAYTON (for himself and Mr. Coleman) submitted an
amendment intended to be proposed by him
[[Page S1256]]
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CONTRACTS WITH CORPORATE EXPATRIATES.
(a) Short Title.--This section may be cited as the
``Senator Paul Wellstone Corporate Patriotism Act of 2003''.
(b) Limitation on Waivers.--Section 835 of the Homeland
Security Act of 2002 (Public Law 107-296) is amended by
striking subsection (d) and inserting the following:
``(d) Waivers.--The President may waive subsection (a) with
respect to any specific contract if the President certifies
to Congress that the waiver is essential to the national
security.''.
(c) Expanded Coverage of Entities.--Section 835(a) of such
Act is amended by inserting ``nor any directly or indirectly
held subsidiary of such entity'' after ``subsection (b)''.
(d) Section 835(b)(1) of such act is amended by inserting
``before, on, or'' after ``completes''.
Sec. This provision shall take effect 1 day after
enactment.
______
SA 82. Mr. EDWARDS (for himself, Mr. Lieberman, Mr. Jeffords, Mrs.
Clinton, and Mr. Reid) submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. NEW SOURCE REVIEW FINAL RULE.
(a) Cooperative Agreement.--As soon as practicable after
the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall enter into a
cooperative agreement with the National Academy of Sciences
to determine, not later than September 1, 2003, whether and
to what extent the final rule relating to prevention of
significant deterioration and nonattainment new source
review, published at 67 Fed. Reg. 80186 (December 31, 2002),
would allow or could result in--
(1) any increase in air pollution (in the aggregate or at
any specific site); or
(2) any adverse effect on human health.
(b) Delayed Effective Date.--The final rule described in
subsection (a) shall not take effect before September 16,
2003.
______
SA 83. Mr. REID submitted an amendment intended to be proposed by him
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. . Notwithstanding any other provision of law, the
National Nuclear Security Administration is prohibited from
taking any actions adversely affecting employment at its
Nevada Operations Office for a period of not less than 365
days. During this period, the National Nuclear Security
Administration is directed to establish a Financial Services
Center of Excellence to be maintained and operated in its
offices in Las Vegas, Nevada.
______
SA 84. Mr. REID submitted an amendment intended to be proposed by him
to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
SEC. . NORTH LAS VEGAS WATER REUSE PROJECT.
(a) Authorization.--The Secretary of the Interior, in
cooperation with the appropriate local authorities, may
participate in the design, planning, and construction of the
North Las Vegas Water Reuse Project (hereinafter referred to
as the `Project') to reclaim and reuse water in the service
area of the North Las Vegas Utility Division Service Area of
the city North Las Vegas and country of Clark, Nevada.
(b) Cost Share.--The Federal share of the cost of the
Project shall not exceed 25 percent of the total cost.
(c) Limitation.--Funds provided by the Secretary shall not
be used for the operation or maintenance of the Project.
(d) Funding.--Funds appropriated pursuant to section 1631
of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-13) may be used for the
Project.
Sec. . Reclamation Wastewater and Groundwater Study and
Facilities Act.--Design, planning, and construction of the
Project authorized by this Act shall be in accordance with,
and subject to the limitations contained in, the Reclamation
Wastewater and Groundwater Study and Facilities Act (106
Stat. 4663-4669, 43 U.S.C. 390th et seq.), as amended.
______
SA. 85. Mr. REID submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. . The Secretary of the Interior, and the heads of
other participating Federal agencies, may participate in the
CALFED Bay-Delta Authority established by the California Bay-
Delta Act (2002 Cal. Stat. Chap. 812), to the extent not
inconsistent with other law. The Secretary of the Interior,
in carrying out CALFED activities, may undertake feasibility
studies for Sites Reservoir, Los Vaqueros Enlargement, In-
Delta Storage, and Upper San Joaquin Storage Projects.
______
SA 86. Mr. INHOFE proposed an amendment to amendment SA 67 proposed
by Mr. Edwards (for himself, Mr. Lieberman, Mr. Jeffords, Mrs. Clinton,
Mr. Reid, Mr. Daschle, and Mr. Schumer) to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; as follows:
On page 1, strike all after ``Sec.'' and insert the
following:
`` . (a) Cooperative Agreement.--As soon as practicable
after the date of enactment of this Act, the Administrator of
the Environmental Protection Agency shall enter into a
cooperative agreement with the National Academy of Sciences
to evaluate the impact of the final rule relating to
prevention of significant deterioration and nonattainment new
source review, published at 67 Fed. Reg. 80186 (December 31,
2002). The study shall include--
(1) increases or decreases in emissions of pollutants
regulated under the New Source Review program;
(2) impacts on human health;
(3) pollution control and prevention technologies installed
after the effective date of the rule at facilities covered
under the rulemaking;
(4) increases or decreases in efficiency of operations,
including energy efficiency, at covered facilities; and
(5) other relevant data.
(b) Deadline.--The NAS shall submit an interim report to
Congress no later than March 3, 2004, and shall submit a
final report on implementation of the rules.
______
SA 87. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) Section 218(d)(6)(C) of the Social Security
Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting
``Kentucky,'' after ``Illinois,''.
(b) The amendment made by subsection (a) takes effect on
January 1, 2003.
______
SA 88. Mr. WARNER submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. REPLACEMENT OF COASTAL BARRIER RESOURCES SYSTEM MAP.
(a) In General.--The map described in subsection (b) is
replaced, in the maps depicting the Coastal Barrier Resources
System that are referred to in section 4(a) of the Coastal
Barrier Resources Act (16 U.S.C. 3503(a)), by the map
entitled ``Plum Tree Island Unit VA-59P, Long Creek Unit VA-
60/VA-60P'' and dated May 1, 2002.
(b) Description of Replaced Map.--The map referred to in
subsection (a) is the map that--
(1) relates to Plum Island Unit VA-59P and Long Creek Unit
VA-60/VA-60P located in Poquoson and Hampton, Virginia; and
(2) is included in a set of maps entitled `Coastal Barrier
Resources System'', dated October 24, 1990, revised on
October 23, 1992, and referred to in section 4(a) of the
Coastal Barrier Resources Act (16 U.S.C. 3503(a)).
(c) Availability.--The Secretary of the Interior shall keep
the replacement map described in subsection (b) on file and
available for inspection in accordance with section 4(b) of
the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).
______
SA 89. Mrs. CLINTON (for herself, Mr. Schumer, Mr. Bingaman, and Ms.
Mikulski) submitted an amendment intended to be proposed by her to the
joint resolution H.J. Res. 2, making further continuing appropriations
for the fiscal year 2003, and for other purposes; which was ordered to
lie on the table; as follows:
At the end, add the following:
DIVISION O--MEDICARE AND MEDICAID PROVISIONS
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT;
REFERENCES TO BIPA; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Health Care Improvement Act of 2003''.
[[Page S1257]]
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this division an amendment
is expressed in terms of an amendment to or repeal of a
section or other provision, the reference shall be considered
to be made to that section or other provision of the Social
Security Act.
(c) BIPA.--In this division, the term ``BIPA'' means the
Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000, as enacted into law by section
1(a)(6) of Public Law 106-554.
(d) Table of Contents.--The table of contents of this
division is as follows:
DIVISION O--MEDICARE AND MEDICAID PROVISIONS
Sec. 1. Short title; amendments to Social Security Act; references to
BIPA; table of contents.
TITLE I--MEDICARE PROVISIONS
Sec. 101. Revision of acute care hospital payment updates.
Sec. 102. Extension of level of adjustment for Indirect Costs of
Medical Education (IME).
Sec. 103. Hospital outpatient department outlier payments.
Sec. 104. Hospital outpatient department transitional payments.
Sec. 105. Application of rules for determining provider-based status
for certain entities.
Sec. 106. Extension of treatment of certain physician pathology
services.
Sec. 107. Extension of the authorization for appropriations for
Medicare Rural Grant Program.
Sec. 108. Extension of enhanced payments for psychiatric hospitals.
Sec. 109. Additional delay in application of 15 percent reduction on
payment limits for home health services.
Sec. 110. Extension of temporary increase for home health services
furnished in a rural area.
Sec. 111. Extension of temporary increase in adjusted Federal per diem
rate under PPS for skilled nursing facilities.
Sec. 112. Extension of increase in nursing component of PPS Federal
rate under PPS for skilled nursing facilities.
Sec. 113. Increase in renal dialysis composite rate for services
furnished in 2003.
Sec. 114. Extension of the authorization for appropriations for
vaccines outreach expansion.
Sec. 115. Extension of moratorium on therapy caps.
Sec. 116. Increase in the conversion factor for payments under the
medicare physician fee schedule.
Sec. 117. Revision of Medicare+Choice minimum percentage increase.
TITLE II--MEDICAID PROVISIONS
Sec. 201. Extension of medicare cost-sharing for part B premium for
certain additional low-income medicare beneficiaries.
Sec. 202. Medicaid DSH allotments.
TITLE III--APPLICATION AND BUDGET SCOREKEEPING
Sec. 301. Application of provisions of division.
Sec. 302. Budget Scorekeeping.
TITLE I--MEDICARE PROVISIONS
SEC. 101. REVISION OF ACUTE CARE HOSPITAL PAYMENT UPDATES.
Subclause (XVIII) of section 1886(b)(3)(B)(i) (42 U.S.C.
1395ww(b)(3)(B)(i)) is amended by striking ``minus 0.55
percentage points''.
SEC. 102. EXTENSION OF LEVEL OF ADJUSTMENT FOR INDIRECT COSTS
OF MEDICAL EDUCATION (IME).
(a) In General.--Section 1886(d)(5)(B)(ii) (42 U.S.C.
1395ww(d)(5)(B)(ii)) is amended--
(1) in subclause (VI) by inserting ``and fiscal year 2003''
after ``2002''; and
(2) in subclause (VII), by striking ``2002'' and inserting
``2003''.
(b) Conforming Amendment Relating to Determination of
Standardized Amount.--Section 1886(d)(2)(C)(i) (42 U.S.C.
1395ww(d)(2)(C)(i)) is amended--
(1) by striking ``1999 or'' and inserting ``1999,''; and
(2) by inserting ``, or of section 102 of the Health Care
Improvement Act of 2003'' after ``2000''.
SEC. 103. HOSPITAL OUTPATIENT DEPARTMENT OUTLIER PAYMENTS.
(a) In General.--Section 1833(t)(5) (42 U.S.C. 1395l(t)(5))
is amended--
(1) in subparagraph (C)--
(A) in clause (i), by striking ``exceed the applicable''
and inserting ``exceed a percentage specified by the
Secretary that is not less than the applicable minimum
percentage or greater than the applicable maximum''; and
(B) by striking clause (ii) and inserting the following new
clause:
``(ii) Applicable percentages.--For purposes of clause
(i)--
``(I) the term `applicable minimum percentage' for a year
means zero percent for years before 2003 and 2.0 percent for
years after 2002; and
``(II) the term `applicable maximum percentage' for a year
means 2.5 percent for years before 2003 and 3.0 percent for
years after 2002.''; and
(2) in subparagraph (D)--
(A) in the heading, by striking ``Transitional authority''
and inserting ``Flexibility''; and
(B) in the matter preceding clause (i), by striking ``for
covered OPD services furnished before January 1, 2002,''.
SEC. 104. HOSPITAL OUTPATIENT DEPARTMENT TRANSITIONAL
PAYMENTS.
Section 1833(t)(7) (42 U.S.C. 1395l(t)(7)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by inserting ``and 2003'' after
``2002''; and
(B) by inserting ``and 2003'' after ``furnished during
2002'' in the matter preceding clause (i); and
(2) in subparagraph (C)--
(A) in the heading, by striking ``2003'' and inserting
``2004''; and
(B) by striking ``2003'' and inserting ``2004'' in the
matter preceding clause (i); and
(3) in subparagraph (D)(i), by striking ``2004'' and
inserting ``2005''.
SEC. 105. APPLICATION OF RULES FOR DETERMINING PROVIDER-BASED
STATUS FOR CERTAIN ENTITIES.
Section 404 of BIPA (114 Stat. 2763A-506) is amended by
striking ``2002'' and inserting ``2003'' each place it
appears.
SEC. 106. EXTENSION OF TREATMENT OF CERTAIN PHYSICIAN
PATHOLOGY SERVICES.
Section 542(c) of BIPA (114 Stat. 2763A-550) is amended by
striking ``2-year period'' and inserting ``3-year period''.
SEC. 107. EXTENSION OF THE AUTHORIZATION FOR APPROPRIATIONS
FOR MEDICARE RURAL GRANT PROGRAM.
Section 1820(j) (42 U.S.C. 1395i-4(j)) is amended by
striking ``2002'' and inserting ``2003''.
SEC. 108. EXTENSION OF ENHANCED PAYMENTS FOR PSYCHIATRIC
HOSPITALS.
Section 1886(b)(2)(E)(i) (42 U.S.C. 1395ww(b)(2)(E)(i)) is
amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subclause:
``(III) only in the case of a hospital or unit described in
clause (ii)(I), for a cost reporting period beginning on or
after October 1, 2002, and before September 30, 2003, 2
percent.''.
SEC. 109. ADDITIONAL DELAY IN APPLICATION OF 15 PERCENT
REDUCTION ON PAYMENT LIMITS FOR HOME HEALTH
SERVICES.
Section 1895(b)(3)(A)(i) (42 U.S.C. 1395fff(b)(3)(A)(i)) is
amended--
(1) by redesignating subclause (III) as subclause (IV);
(2) in subclause (IV), as redesignated, by striking
``described in subclause (II)'' and inserting ``described in
subclause (III)''; and
(3) by inserting after subclause (II) the following new
subclause:
``(III) For the 12-month period beginning after the period
described in subclause (II), such amount (or amounts) shall
be equal to the amount (or amounts) determined under
subclause (II), updated under subparagraph (B).''.
SEC. 110. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH
SERVICES FURNISHED IN A RURAL AREA.
(a) In General.--Section 508(a) BIPA (114 Stat. 2763A-533)
is amended--
(1) by striking ``24-Month Increase Beginning April 1,
2001'' and inserting ``In General''; and
(2) by striking ``April 1, 2003'' and inserting ``October
1, 2003''.
(b) Conforming Amendment.--Section 547(c)(2) of BIPA (114
Stat. 2763A-553) is amended by striking ``the period
beginning on April 1, 2001, and ending on September 30,
2002,'' and inserting ``a period under such section''.
SEC. 111. EXTENSION OF TEMPORARY INCREASE IN ADJUSTED FEDERAL
PER DIEM RATE UNDER PPS FOR SKILLED NURSING
FACILITIES.
Section 101(d)(1) of the Medicare, Medicaid, and SCHIP
Balanced Budget Refinement Act of 1999 (Appendix F, 113 Stat.
1501A-325), as enacted into law by section 1000(a)(6) of
Public Law 106-113, is amended--
(1) in the heading, by striking ``and 2002'' and inserting
``, 2002, and 2003''; and
(2) by striking ``and 2002'' and inserting ``, 2002, and
2003''.
SEC. 112. EXTENSION OF INCREASE IN NURSING COMPONENT OF PPS
FEDERAL RATE UNDER PPS FOR SKILLED NURSING
FACILITIES.
Section 312(a) of BIPA (114 Stat. 2763A-498) is amended by
striking ``October 1, 2002'' and inserting ``October 1,
2003''.
SEC. 113. INCREASE IN RENAL DIALYSIS COMPOSITE RATE FOR
SERVICES FURNISHED IN 2003.
Notwithstanding any other provision of law, with respect to
payment under part B of title XVIII of the Social Security
Act for renal dialysis services furnished in 2003, the
composite payment rate otherwise established under section
1881(b)(7) of such Act (42 U.S.C. 1395rr(b)(7)) shall be
increased by 1.2 percent.
SEC. 114. EXTENSION OF THE AUTHORIZATION FOR APPROPRIATIONS
FOR VACCINES OUTREACH EXPANSION.
Section 4107(b) of the Balanced Budget Act of 1997 (42
U.S.C. 1395x note) is amended by striking ``2002'' and
inserting ``2003''.
SEC. 115. EXTENSION OF MORATORIUM ON THERAPY CAPS.
Section 1833(g)(4) (42 U.S.C. 1395l(g)(4)) is amended by
striking ``and 2002'' and inserting ``2002, and 2003''.
[[Page S1258]]
SEC. 116. INCREASE IN THE CONVERSION FACTOR FOR PAYMENTS
UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE.
(a) In General.--Section 1848(d)(5)(A) of the Social
Security Act (42 U.S.C. 1395w-4(d)(5)(A)), as added by
section 402 of title IV of division N of this Act, is amended
by inserting ``increased by 2 percent'' after ``2002''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of such
section 402.
SEC. 117. REVISION OF MEDICARE+CHOICE MINIMUM PERCENTAGE
INCREASE.
Section 1853(c)(1)(C) (42 U.S.C. 1395w-23(c)(1)(C)) is
amended by striking clause (iv) and inserting the following:
``(iv) For 2002, 102 percent of the annual Medicare+Choice
capitation rate under this paragraph for the area for 2001.
``(v) For 2003, 104 percent of the annual Medicare+Choice
capitation rate under this paragraph for the area for 2002.
``(vi) For 2004 and each succeeding year, 102 percent of
the annual Medicare+Choice capitation rate under this
paragraph for the area for the previous year.''.
TITLE II--MEDICAID PROVISIONS
SEC. 201. EXTENSION OF MEDICARE COST-SHARING FOR PART B
PREMIUM FOR CERTAIN ADDITIONAL LOW-INCOME
MEDICARE BENEFICIARIES.
Section 136 of Public Law 107-229, as added by section 5 of
Public Law 107-240, is amended by striking ``60 days after
the date specified in section 107(c) of Public Law 107-229,
as amended'' and inserting ``September 30, 2003''.
SEC. 202. MEDICAID DSH ALLOTMENTS.
(a) Continuation of BIPA Rule for Determination of
Allotments for Fiscal Year 2003.--
(1) In general.--Section 1923(f)(4) (42 U.S.C. 1396r-
4(f)(4)) is amended--
(A) in the paragraph heading, by striking ``and 2002'' and
inserting ``through 2003'';
(B) in subparagraph (A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period and inserting
``; and''; and
(iii) by adding at the end the following:
``(iii) fiscal year 2003, shall be the DSH allotment
determined under clause (ii) increased, subject to
subparagraph (B) and paragraph (5), by the percentage change
in the consumer price index for all urban consumers (all
items; U.S. city average) for fiscal year 2002.''; and
(C) in subparagraph (C)--
(i) in the subparagraph heading, by striking ``2002'' and
inserting ``2003''; and
(ii) by striking ``2003'' and inserting ``2004''.
(2) Conforming amendments.--Section 1923(f)(3) (42 U.S.C.
1396r-4(f)(3)) is amended--
(A) in the paragraph heading, by striking ``2003'' and
inserting ``2004''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The DSH allotment for any State--
``(i) for fiscal year 2004, is equal to the DSH allotment
determined for the State for fiscal year 2002 under the table
set forth in paragraph (2), increased, subject to
subparagraph (B) and paragraph (5), by the percentage change
in the Consumer Price Index for all urban consumers (all
items; U.S. city average), for fiscal year 2004; and
``(ii) for fiscal year 2005 and each succeeding fiscal
year, is equal to the DSH allotment determined for the State
for the preceding fiscal year under this paragraph,
increased, subject to subparagraph (B) and paragraph (5), by
the percentage change in the Consumer Price Index for all
urban consumers (all items; U.S. city average), for the
previous fiscal year.''.
(b) Increase in Floor for Treatment as an Extremely Low DSH
State to 3 Percent in Fiscal Year 2003.--Section 1923(f)(5)
(42 U.S.C. 1396r-4(f)(5)) is amended--
(1) by striking ``fiscal year 1999'' and inserting ``fiscal
year 2001'';
(2) by striking ``Health Care Financing Administration''
and inserting ``Centers for Medicare & Medicaid Services'';
(3) by striking ``August 31, 2000'' and inserting ``August
31, 2002'';
(4) by striking ``1 percent'' each place it appears and
inserting ``3 percent''; and
(5) by striking ``fiscal year 2001'' and inserting ``fiscal
year 2003 (as determined under paragraph (4)(A)(iii))''.
TITLE III--APPLICATION AND BUDGET SCOREKEEPING
SEC. 301. APPLICATION OF PROVISIONS OF DIVISION.
(a) Application Only To Last 6 Months of Fiscal Year
2003.--Except for the amendments made by sections 116 and
201, the provisions of, and amendments made by, this division
shall only apply to the Social Security Act, the Balanced
Budget Act of 1997, the Medicare, Medicaid, and SCHIP
Balanced Budget Refinement Act of 1999 (Appendix F, 113 Stat.
1501A-321), as enacted into law by section 1000(a)(6) of
Public Law 106-113, and BIPA during the period that begins on
April 1, 2003, and ends on September 30, 2003.
(b) No Effect on Periods Beyond September 30, 2003.--All
provisions of, and amendments made by, this division shall
not apply after September 30, 2003, and, after such date, the
Social Security Act, the Balanced Budget Act of 1997, the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act
of 1999 (Appendix F, 113 Stat. 1501A-321), as enacted into
law by section 1000(a)(6) of Public Law 106-113, and BIPA
shall be applied and administered as if the provisions of,
and amendments made by, this division had not been enacted.
SEC. 302. BUDGET SCOREKEEPING.
Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement of
the committee of conference accompanying Conference Report
105-217, the provisions of this division that would have been
estimated by the Office of Management and Budget as changing
direct spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 were they
included in an Act other than an appropriations Act shall be
treated as direct spending or receipts legislation, as
appropriate, under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985, and by the Chairmen of
the House and Senate Budget Committees, as appropriate, under
the Congressional Budget Act of 1974.
______
SA 90. Ms. LANDRIEU submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 506, strike lines 3 through 9 and insert the
following:
``servation activities, $936,593,000, to remain available
until expended: Provided, That $322,300,000 shall be for use
in energy conservation grant programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507(3)): Provided
further, That notwithstanding section 3003(d)(2) of Public
Law 99-509 (15 U.S.C. 4502(d)(2)), such sums shall be
allocated to the eligible programs as follows: $277,300,000
for weath-''.
______
SA 91. Mrs. CLINTON submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeland
Security Block Grant Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Grants to States, units of general local government and Indian
tribes; authorizations.
Sec. 5. Statement of activities and review.
Sec. 6. Activities eligible for assistance.
Sec. 7. Allocation and distribution of funds.
Sec. 8. State and regional planning communication systems.
Sec. 9. Nondiscrimination in programs and activities.
Sec. 10. Remedies for noncompliance with requirements.
Sec. 11. Reporting requirements.
Sec. 12. Consultation by Secretary.
Sec. 13. Interstate agreements or compacts; purposes.
Sec. 14. Matching requirements; suspension of requirements for
economically distressed areas.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In the wake of the September 11, 2001, terrorist
attacks on our country, communities all across American now
find themselves on the front lines in the war against
terrorism on United States soil.
(2) We recognize that these communities will be forced to
shoulder a significant portion of the burden that goes along
with that responsibility. We believe that local governments
should not have to bear that responsibility alone.
(3) Our homeland defense will only be as strong as the
weakest link at the State and local level. By providing our
communities with the resources and tools they need to bolster
emergency response efforts and provide for other emergency
response initiatives, we will have a better-prepared home
front and a stronger America.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security.
(2) City.--The term ``city'' means--
(A) any unit of general local government that is classified
as a municipality by the United States Bureau of the Census;
or
(B) any other unit of general local government that is a
town or township and which, in the determination of the
Secretary--
(i) possesses powers and performs functions comparable to
those associated with municipalities;
(ii) is closely settled; and
(iii) contains within its boundaries no incorporated places
as defined by the United States Bureau of the Census that
have not entered into cooperation agreements with such town
or township to undertake or to assist in the performance of
homeland security objectives.
(3) Federal grant-in-aid program.--The term ``Federal
grant-in-aid program'' means a program of Federal financial
assistance other than loans and other than the assistance
provided by this Act.
[[Page S1259]]
(4) Indian tribe.--The term ``Indian tribe'' means any
Indian tribe, band, group, and nation, including Alaska
Indians, Aleuts, and Eskimos, and any Alaskan Native Village,
of the United States, which is considered an eligible
recipient under the Indian Self-Determination and Education
Assistance Act (Public Law 93-638) or was considered an
eligible recipient under chapter 67 of title 31, United
States Code, prior to the repeal of such chapter.
(5) Metropolitan area.--The term ``metropolitan area''
means a standard metropolitan statistical area as established
by the Office of Management and Budget.
(6) Metropolitan city.--
(A) In general.--The term ``metropolitan city'' means--
(i) a city within a metropolitan area that is the central
city of such area, as defined and used by the Office of
Management and Budget; or
(ii) any other city, within a metropolitan area, which has
a population of not less than 50,000.
(B) Period of classification.--Any city that was classified
as a metropolitan city for at least 2 years pursuant to
subparagraph (A) shall remain classified as a metropolitan
city. Any unit of general local government that becomes
eligible to be classified as a metropolitan city, and was not
classified as a metropolitan city in the immediately
preceding fiscal year, may, upon submission of written
notification to the Secretary, defer its classification as a
metropolitan city for all purposes under this Act, if it
elects to have its population included in an urban county
under subsection (d).
(C) Election by a city.--Notwithstanding subparagraph (B),
a city may elect not to retain its classification as a
metropolitan city. Any unit of general local government that
was classified as a metropolitan city in any year, may, upon
submission of written notification to the Secretary,
relinquish such classification for all purposes under this
Act if it elects to have its population included with the
population of a county for purposes of qualifying for
assistance (for such following fiscal year) under section
5(e) as an urban county.
(7) Nonqualifying community.--The term ``nonqualifying
community'' means an area that is not a metropolitan city or
part of an urban county and does not include Indian tribes.
(8) Population.--The term ``population'' means total
resident population based on data compiled by the United
States Bureau of the Census and referable to the same point
or period of time.
(9) State.--The term ``State'' means any State of the
United States, or any instrumentality thereof approved by the
Governor; and the Commonwealth of Puerto Rico, the United
States Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands.
(10) Unit of general local government.--The term ``unit of
general local government'' means any city, county, town,
township, parish, village, or other general purpose political
subdivision of a State; a combination of such political
subdivisions is recognized by the Secretary; and the District
of Columbia.
(11) Urban county.--The term ``urban county'' means any
county within a metropolitan area.
(b) Basis and Modification of Definitions.--Where
appropriate, the definitions in subsection (a) shall be
based, with respect to any fiscal year, on the most recent
data compiled by the United States Bureau of the Census and
the latest published reports of the Office of Management and
Budget available ninety days prior to the beginning of such
fiscal year. The Secretary may by regulation change or
otherwise modify the meaning of the terms defined in
subsection (a) in order to reflect any technical change or
modification thereof made subsequent to such date by the
United States Bureau of the Census or the Office of
Management and Budget.
(c) Designation of Public Agencies.--One or more public
agencies, including existing local public agencies, may be
designated by the chief executive officer of a State or a
unit of general local government to undertake activities
assisted under this Act.
(d) Local Governments, Inclusion in Urban County
Population.--With respect to program years beginning with the
program year for which grants are made available from amounts
appropriated for fiscal year 2002 under section 4, the
population of any unit of general local government which is
included in that of an urban county as provided in subsection
(a)(11) shall be included in the population of such urban
county for three program years beginning with the program
year in which its population was first so included and shall
not otherwise be eligible for a grant as a separate entity,
unless the urban county does not receive a grant for any year
during such three-year period.
(e) Urban County.--Any county seeking qualification as an
urban county, including any urban county seeking to continue
such qualification, shall notify, as provided in this
subsection, each unit of general local government, which is
included therein and is eligible to elect to have its
population excluded from that of an urban county, of its
opportunity to make such an election. Such notification
shall, at a time and in a manner prescribed by the Secretary,
be provided so as to provide a reasonable period for response
prior to the period for which such qualification is sought.
The population of any unit of general local government which
is provided such notification and which does not inform, at a
time and in a manner prescribed by the Secretary, the county
of its election to exclude its population from that of the
county shall, if the county qualifies as an urban county, be
included in the population of such urban county as provided
in subsection (d).
SEC. 4. GRANTS TO STATES, UNITS OF GENERAL LOCAL GOVERNMENT
AND INDIAN TRIBES; AUTHORIZATIONS.
(a) Authorization.--The Secretary is authorized to make
grants to States, units of general local government, and
Indian tribes to carry out activities in accordance with the
provisions of this Act.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$3,000,000,000 for each of fiscal years 2003 through 2006,
and such sums as may be necessary thereafter, for the purpose
of carrying out the provisions under section 7.
(2) State, regional, and local planning, training, and
communication systems.--There are authorized to be
appropriated $500,000,000 for each of fiscal years 2003
through 2006, and such sums as may be necessary thereafter,
for the purpose of carrying out the provisions under section
8.
SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW.
(a) Application.--
(1) In general.--Prior to the receipt in any fiscal year of
a grant under section 7(b) by any metropolitan city or urban
county, section 7(i) by any State, or section 7(i)(3) by any
unit of general local government, the grantee shall--
(i) indicate its interest in receiving funds by preparing a
statement of homeland security objectives and projected use
of funds; and
(ii) provide the Secretary with the certifications required
under paragraph (2) and, where appropriate, subsection (b).
(2) Grantee statement.--
(A) Contents.--
(i) Local government.--In the case of metropolitan cities
or urban counties receiving grants under section 7(b) and
units of general local government receiving grants under
section 7(i)(3), the statement of projected use of funds
shall consist of proposed homeland security activities.
(ii) States.--In the case of States receiving grants under
section 7(d), the statement of projected use of funds shall
consist of the method by which the States will distribute
funds to units of general local government.
(B) Consultation.--In preparing the statement, the grantee
shall consult with appropriate law enforcement agencies and
emergency response authorities.
(C) Final statement.--A copy of the final statement and the
certifications required under paragraph (3) and, where
appropriate, subsection (b) shall be furnished to the
Secretary and the Attorney General.
(D) Modifications.--Any final statement of activities may
be modified or amended from time to time by the grantee in
accordance with the same procedures required in this
paragraph for the preparation and submission of such
statement.
(3) Certification of enumerated criteria by grantee to
secretary.--Any grant under section 7 shall be made only if
the grantee certifies to the satisfaction of the Secretary
that--
(A) it has developed a homeland security plan pursuant to
section 6(a)(8) that identifies both short- and long-term
homeland security needs that have been developed in
accordance with the primary objective and requirements of
this Act; and
(B) the grantee will comply with the other provisions of
this Act and with other applicable laws.
(b) Submission of Annual Performance Reports, Audits and
Adjustments.--
(1) In general.--Each grantee shall submit to the
Secretary, at a time determined by the Secretary, a
performance and evaluation report concerning the use of funds
made available under section 7, together with an assessment
by the grantee of the relationship of such use to the
objectives identified in the grantee's statement under
subsection (a)(2).
(2) Uniform reporting requirements.--
(A) Recommendations by national associations.--The
Secretary shall encourage and assist national associations of
grantees eligible under section 7, national associations of
States, and national associations of units of general local
government in nonqualifying areas to develop and recommend to
the Secretary, within 1 year after the effective date of this
Act, uniform recordkeeping, performance reporting, evaluation
reporting, and auditing requirements for such grantees,
States, and units of general local government, respectively.
(B) Establishment of uniform reporting requirements.--Based
on the Secretary's approval of the recommendations submitted
pursuant to subparagraph (A), the Secretary shall establish
uniform reporting requirements for grantees, States, and
units of general local government.
(3) Reviews and audits.--The Secretary shall, at least on
an annual basis, make such reviews and audits as may be
necessary or appropriate to determine--
(A) in the case of grants made under section 7(b), whether
the grantee has carried out its activities and, where
applicable, whether the grantee has carried out those
activities and its certifications in accordance with the
requirements and the primary
[[Page S1260]]
objectives of this Act and with other applicable laws, and
whether the grantee has a continuing capacity to carry out
those activities in a timely manner; and
(B) in the case of grants to States made under section
7(i), whether the State has distributed funds to units of
general local government in a timely manner and in
conformance to the method of distribution described in its
statement, whether the State has carried out its
certifications in compliance with the requirements of this
Act and other applicable laws, and whether the State has made
such reviews and audits of the units of general local
government as may be necessary or appropriate to determine
whether they have satisfied the applicable performance
criteria described in subparagraph (A).
(4) Adjustments.--The Secretary may make appropriate
adjustments in the amount of the annual grants in accordance
with the Secretary's findings under this subsection. With
respect to assistance made available to units of general
local government under section 7(i)(3), the Secretary may
adjust, reduce, or withdraw such assistance, or take other
action as appropriate in accordance with the Secretary's
reviews and audits under this subsection, except that funds
already expended on eligible activities under this Act shall
not be recaptured or deducted from future assistance to such
units of general local government.
(c) Audits.--Insofar as they relate to funds provided under
this Act, the financial transactions of recipients of such
funds may be audited by the General Accounting Office under
such rules and regulations as may be prescribed by the
Comptroller General of the United States. The representatives
of the General Accounting Office shall have access to all
books, accounts, records, reports, files, and other papers,
things, or property belonging to or in use by such recipients
pertaining to such financial transactions and necessary to
facilitate the audit.
(d) Metropolitan City as Part of Urban County.--In any case
in which a metropolitan city is located, in whole or in part,
within an urban county, the Secretary may, upon the joint
request of such city and county, approve the inclusion of the
metropolitan city as part of the urban county for purposes of
submitting a statement under section 5 and carrying out
activities under this Act.
SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE.
(a) In General.--Activities assisted under this Act may
include--
(1) funding additional law enforcement, fire, and emergency
resources, including covering overtime expenses;
(2) purchasing and refurbishing personal protective
equipment for fire, police, and emergency personnel and
acquire state-of-the-art technology to improve communication
and streamline efforts;
(3) improving cyber and infrastructure security by
improving--
(A) security for water treatment plants, distribution
systems, other water infrastructure, nuclear power plants,
and other power infrastructure;
(B) security for tunnels and bridges;
(C) security for oil and gas pipelines and storage
facilities; and
(D) security for chemical plants and transportation of
hazardous substances;
(4) assisting Local Emergency Planning Committees so that
local public agencies can design, review, and improve
disaster response systems;
(5) assisting communities in coordinating their efforts and
sharing information with all relevant agencies involved in
responding to terrorist attacks;
(6) establishing timely notification systems that enable
communities to communicate with each other when a threat
emerges;
(7) improving communication systems to provide information
to the public in a timely manner about the facts of any
threat and the precautions the public should take; and
(8) devising a homeland security plan, including
determining long-term goals and short-term objectives,
evaluating the progress of the plan, and carrying out the
management, coordination, and monitoring of activities
necessary for effective planning implementation.
(b) Costs Covered.--Grants received under section 7 may be
used to cover any costs related to the eligible activities
listed in this section that were incurred on or after
September 11, 2001.
SEC. 7. ALLOCATION AND DISTRIBUTION OF FUNDS.
(a) Set-Aside for Indian Tribes.--
(1) In general.--For each fiscal year, of the amount
appropriated for grants pursuant to section 4(b)(1)
(excluding the amounts provided for use in accordance with
section 6), the Secretary shall reserve 1 percent of the
amount so appropriated for grants to Indian tribes.
(2) Selection of indian tribes.--
(A) In general.--The Secretary shall provide for
distribution of amounts under this paragraph to Indian tribes
on the basis of a competition conducted pursuant to specific
criteria for the selection of Indian tribes to receive such
amounts.
(B) Rulemaking.--The criteria shall be contained in a
regulation promulgated by the Secretary after notice and
public comment.
(b) Allocation to Metropolitan Cities and Urban Counties.--
(1) Allocation percentage.--Of the amount remaining after
allocations have been made to Indian tribes pursuant to
subsection (a), 70 percent shall be allocated by the
Secretary to metropolitan cities and urban counties.
(2) Entitlement.--Except as otherwise specifically
authorized, each metropolitan city and urban county shall be
entitled to an annual grant, to the extent authorized beyond
fiscal year 2006, from such allocation in an amount not
exceeding its basic amount computed pursuant to this
subsections (c) and (d).
(c) Computation of Amount Allocated to Metropolitan
Cities.--
(1) Computation ratios.--The Secretary shall determine the
amount to be allocated to each metropolitan city, which shall
bear the same ratio to the allocation for all metropolitan
cities as the weighted average of--
(A) the population of the metropolitan city divided by the
population of all metropolitan cities;
(B) the potential risk, as it pertains to chemical
security, of the metropolitan city divided by the potential
risk, as it pertains to chemical security, of all
metropolitan cities;
(C) the proximity of the metropolitan city to the nearest
operating nuclear power plant and the proximity of all
metropolitan cities to the nearest operating nuclear power
plant to each such city;
(D) the proximity of the metropolitan city to the nearest
United States land or water port and the proximity of all
metropolitan cities to the nearest United States land or
water port to each such city;
(E) the proximity of the metropolitan city to the nearest
international border and the proximity of all metropolitan
cities to the nearest international border to each such city;
and
(F) the proximity of the metropolitan city to the nearest
Disaster Medical Assistance Team (referred to in this
subsection as ``DMAT'') and the proximity of all metropolitan
cities to the nearest DMAT to each such city.
(2) Clarification of computation ratios.--
(A) Relative weight of factors.--In determining the average
of the ratios under paragraph (1), the ratio involving
population shall constitute 50 percent of the formula in
calculating the allocation and the remaining factors shall be
equally weighted.
(B) Potential risk as it pertains to chemical security.--If
a metropolitan city is within the vulnerable zone of a worst-
case chemical release, as specified in the most recent risk
management plans filed with the Environmental Protection
Agency or another instrument developed by the Environmental
Protection Agency or the Homeland Security Department that
captures the same information for the same facilities, the
ratio under paragraph (1)(B) shall be 1 divided by the total
number of metropolitan cities that are within such a zone.
(C) Proximity as it pertains to nuclear security.--If a
metropolitan city is located within 50 miles of an operating
nuclear power plant, as identified by the Nuclear Regulatory
Commission, the ratio under paragraph (1)(C) shall be 1
divided by the total number of metropolitan cities, not to
exceed 100, which are located within 50 miles of an operating
nuclear power plant.
(D) Proximity as it pertains to port security.--If a
metropolitan city is located within 50 miles of 1 of the 100
largest United States ports, as stated by the Department of
Transportation, Bureau of Transportation Statistics,
United States Port Report by All Land Modes, or within 50
miles of one of the 30 largest United States water ports
by metric tons and value, as stated by the Department of
Transportation, Maritime Administration, United States
Foreign Waterborne Transportation Statistics, the ratio
under paragraph (1)(D) shall be 1 divided by the total
number of metropolitan cities that are located within 50
miles of a United States land or water port.
(E) Proximity to International Borders.--If a metropolitan
city is located within 50 miles of an international border,
the ratio under paragraph (1)(E) shall be 1 divided by the
total number of metropolitan cities that are located within
50 miles of an international border.
(F) Proximity to disaster medical assistance teams.--If a
metropolitan city is located within 50 miles of a DMAT, as
organized by the National Disaster Medical System through the
Department of Public Health, the ratio under paragraph (1)(F)
shall be 1 divided by the total number of metropolitan cities
that are located within 50 miles of a DMAT.
(d) Computation of Amount Allocated to Urban Counties.--
(1) Computation ratios.--The Secretary shall determine the
amount to be allocated to each urban county, which shall bear
the same ratio to the allocation for all urban counties as
the weighted average of--
(A) the population of the urban county divided by the
population of all urban counties;
(B) the potential risk, as it pertains to chemical
security, of the urban county divided by the potential risk,
as it pertains to chemical security, of all urban counties;
(C) the proximity of the urban county to the nearest
operating nuclear power plant and the proximity of all urban
counties to the nearest operating nuclear power plant to each
such city;
(D) the proximity of the urban county to the nearest United
States land or water port and the proximity of all urban
counties to
[[Page S1261]]
the nearest United States land or water port to each such
city;
(E) the proximity of the urban county to the nearest
international border and the proximity of all urban counties
to the nearest international border to each such city; and
(F) the proximity of the urban county to the nearest
Disaster Medical Assistance Team (referred to in this
subsection as ``DMAT'') and the proximity of all urban
counties to the nearest DMAT to each such city.
(3) Clarification of computation ratios.--
(A) Relative weight of factors.--In determining the average
of the ratios under paragraph (1), the ratio involving
population shall constitute 50 percent of the formula in
calculating the allocation and the remaining factors shall be
equally weighted.
(B) Potential risk as it pertains to chemical security.--If
a urban county is within the vulnerable zone of a worst-case
chemical release, as specified in the most recent risk
management plans filed with the Environmental Protection
Agency or another instrument developed by the Environmental
Protection Agency or the Homeland Security Department that
captures the same information for the same facilities, the
ratio under paragraph (1)(B) shall be 1 divided by the total
number of urban counties that are within such a zone.
(C) Proximity as it pertains to nuclear security.--If a
urban county is located within 50 miles of an operating
nuclear power plant, as identified by the Nuclear Regulatory
Commission, the ratio under paragraph (1)(C) shall be 1
divided by the total number of urban counties, not to exceed
100, which are located within 50 miles of an operating
nuclear power plant.
(D) Proximity as it pertains to port security.--If a urban
county is located within 50 miles of 1 of the 100 largest
United States ports, as stated by the Department of
Transportation, Bureau of Transportation Statistics, United
States Port Report by All Land Modes, or within 50 miles of
one of the 30 largest United States water ports by metric
tons and value, as stated by the Department of
Transportation, Maritime Administration, United States
Foreign Waterborne Transportation Statistics, the ratio under
paragraph (1)(D) shall be 1 divided by the total number of
urban counties that are located within 50 miles of a United
States land or water port.
(E) Proximity to International Borders.--If a urban county
is located within 50 miles of an international border, the
ratio under paragraph (1)(E) shall be 1 divided by the total
number of urban counties that are located within 50 miles of
an international border.
(F) Proximity to disaster medical assistance teams.--If a
urban county is located within 50 miles of a DMAT, as
organized by the National Disaster Medical System through the
Department of Public Health, the ratio under paragraph (1)(F)
shall be 1 divided by the total number of urban counties that
are located within 50 miles of a DMAT.
(e) Exclusions.--
(1) In general.--In computing amounts or exclusions under
subsection (d) with respect to any urban county, there shall
be excluded units of general local government located in the
county the populations that are not counted in determining
the eligibility of the urban county to receive a grant under
this subsection, except that there shall be included any
independent city (as defined by the Bureau of the Census)
which--
(A) is not part of any county;
(B) is not eligible for a grant;
(C) is contiguous to the urban county;
(D) has entered into cooperation agreements with the urban
county which provide that the urban county is to undertake or
to assist in the undertaking of essential community
development and housing assistance activities with respect to
such independent city; and
(E) is not included as a part of any other unit of general
local government for purposes of this section.
(2) Independent cities.--Any independent city that is
included in any fiscal year for purposes of computing amounts
pursuant to the preceding sentence shall not be eligible to
receive assistance under subsection (i) with respect to such
fiscal year.
(f) Inclusions.--
(1) Local government straddling county line.--In computing
amounts under subsection (d) with respect to any urban
county, there shall be included all of the area of any unit
of local government which is part of, but is not located
entirely within the boundaries of, such urban county if--
(A) the part of such unit of local government that is
within the boundaries of such urban county would otherwise be
included in computing the amount for such urban county under
this section; and
(B) the part of such unit of local government that is not
within the boundaries of such urban county is not included as
a part of any other unit of local government for the purpose
of this section.
(2) Use of grant funds outside urban county.--Any amount
received under this section by an urban county described
under paragraph (1) may be used with respect to the part of
such unit of local government that is outside the boundaries
of such urban county.
(g) Population.--
(1) Effect of consolidation.--Where data are available, the
amount to be allocated to a metropolitan city that has been
formed by the consolidation of 1 or more metropolitan cities
within an urban county shall be equal to the sum of the
amounts that would have been allocated to the urban county or
cities and the balance of the consolidated government, if
such consolidation had not occurred.
(2) Limitation.--Paragraph (1) shall apply only to a
consolidation that--
(A) included all metropolitan cities that received grants
under this section for the fiscal year preceding such
consolidation and that were located within the urban county;
(B) included the entire urban county that received a grant
under this section for the fiscal year preceding such
consolidation; and
(C) took place on or after January 1, 2003.
(3) Growth rate.--The population growth rate of all
metropolitan cities defined in section 3(a)(6) shall be based
on the population of--
(A) metropolitan cities other than consolidated governments
the grant for which is determined under this paragraph; and
(B) cities that were metropolitan cities before their
incorporation into consolidated governments.
(4) Entitlement share.--For purposes of calculating the
entitlement share for the balance of the consolidated
government under this subsection, the entire balance shall be
considered to have been an urban county.
(h) Reallocation.--
(1) In general.--Except as provided in paragraph (2), any
amounts allocated to a metropolitan city or an urban county
pursuant to this section that are not received by the city or
county for a fiscal year because of failure to meet the
requirements of subsections (a) and (b) of section 5, or that
otherwise became available, shall be reallocated in the
succeeding fiscal year to the other metropolitan cities and
urban counties in the same metropolitan area that certify to
the satisfaction of the Secretary that they would be
adversely affected by the loss of such amounts from the
metropolitan area.
(2) Ratio.--The amount of the share of funds reallocated
under this paragraph for any metropolitan city or urban
county shall bear the same ratio to the total of such
reallocated funds in the metropolitan area as the amount of
funds awarded to the city or county for the fiscal year in
which the reallocated funds become available bears to the
total amount of funds awarded to all metropolitan cities and
urban counties in the same metropolitan area for that fiscal
year.
(3) Transfer.--Notwithstanding paragraphs (1) and (2), the
Secretary may upon request transfer responsibility to any
metropolitan city for the administration of any amounts
received, but not obligated, by the urban county in which
such city is located if--
(A) such city was an included unit of general local
government in such county prior to the qualification of such
city as a metropolitan city;
(B) such amounts were designated and received by such
county for use in such city prior to the qualification of
such city as a metropolitan city; and
(C) such city and county agree to such transfer of
responsibility for the administration of such amounts.
(i) Allocation to States on Behalf of Non-qualifying
Communities.--
(1) In general.--Of the amount appropriated pursuant to
section 4 that remains after allocations pursuant to
subsections (a) and (b), 30 percent shall be allocated among
the States for use in nonqualifying communities.
(2) Allocation ratio.--
(A) Population-based.--The allocation for each State shall
be based on the population of that State, relative to the
populations of all States, excluding the population of
qualifying communities.
(B) Pro-rata reduction.--The Secretary shall make a pro
rata reduction of each amount allocated to the nonqualifying
communities in each State under subparagraph (A) so that the
nonqualifying communities in each State will receive the same
percentage of the total amount available under this
subsection as the percentage that such communities would have
received if the total amount available had equaled the total
amount allocated under subparagraph (A).
(3) Distribution.--
(A) In general.--Amounts allocated under this subsection
shall be distributed to units of general local government
located in nonqualifying areas of the State to carry out
activities in accordance with the provisions of this Act--
(i) by a State that has elected, in such manner and at such
time as the Secretary shall prescribe, to distribute such
amounts consistent with the statement submitted under section
5(a); or
(ii) by the Secretary, if the State has not elected to
distribute such amounts.
(B) Certification.--Before a State may receive or
distribute amounts allocated under this subsection, the State
must certify that--
(i) with respect to units of general local government in
nonqualifying areas, the State--
(I) provides, or will provide, technical assistance to
units of general local government in connection with homeland
security initiatives;
(II) will not refuse to distribute such amounts to any unit
of general local government on the basis of the particular
eligible activity selected by such unit of general
[[Page S1262]]
local government to meet its homeland security objectives,
except that this clause may not be considered to prevent a
State from establishing priorities in distributing such
amounts on the basis of the activities selected; and
(III) has consulted with local elected officials from among
units of general local government located in nonqualifying
areas of that State in determining the method of distribution
of funds required by subparagraph (A); and
(ii) each unit of general local government to be
distributed funds will be required to identify its homeland
security objectives, and the activities to be undertaken to
meet such objectives.
(4) Minimum amount.--Each State shall be allocated in each
fiscal year authorized under this Act and under this section
not less than 0.75 percent of the total amount appropriated
in one fiscal year for grants made available to States under
this section, except that the American Samoa, Guam, and the
Northern Mariana Islands shall each be allocated 0.25
percent.
(5) Administration.--
(A) In general.--If a State receives and distributes
amounts under paragraph (1), the State shall be responsible
for the administration of funds so distributed. The State
shall pay for all administrative expenses incurred by the
State in carrying out its responsibilities under this Act,
except that from the amounts received for distribution in
nonqualifying areas, the State may deduct an amount to cover
such expenses and its administrative expenses not to exceed
the sum of $150,000 plus 50 percent of any such expenses
under this Act in excess of $150,000. Amounts deducted in
excess of $150,000 shall not exceed 2 percent of the amount
received under paragraph (1).
(B) Distribution.--If the Secretary distributes amounts
under paragraph (1), the distribution shall be made in
accordance with determinations of the Secretary pursuant to
statements submitted and the other requirements of section 5
(other than subsection (c)) and in accordance with
regulations and procedures prescribed by the Secretary.
(C) Reallocation.--
(i) Failure to comply.--Any amounts allocated for use in a
State under paragraph (1) that are not received by the State
for any fiscal year because of failure to meet the
requirements of subsection (a) or (b) of section 5 shall be
added to amounts allocated to all States under paragraph (1)
for the succeeding fiscal year.
(ii) Closeout.--Any amounts allocated for use in a State
under paragraph (1) that become available as a result of the
closeout of a grant made by the Secretary under this section
in nonqualifying areas of the State shall be added to amounts
allocated to the State under paragraph (1) for the fiscal
year in which such amounts become available.
(6) Single unit.--Any combination of units of general local
governments may not be required to obtain recognition by the
Secretary pursuant to section 3(2) to be treated as a single
unit of general local government for purposes of this
subsection.
(7) Deduction.--From the amounts received under paragraph
(1) for distribution in nonqualifying areas, the State may
deduct an amount, not to exceed 1 percent of the amount so
received, to provide technical assistance to local
governments.
(8) Applicability.--Any activities conducted with amounts
received by a unit of general local government under this
subsection shall be subject to the applicable provisions of
this Act and other Federal law in the same manner and to the
same extent as activities conducted with amounts received by
a unit of general local government under subsection (a).
(j) Qualifications and Determinations.--The Secretary may
fix such qualification or submission dates as he determines
are necessary to permit the computations and determinations
required by this section to be made in a timely manner, and
all such computations and determinations shall be final and
conclusive.
(k) Pro Rata Reduction and Increase.--
(1) Reduction.--If the total amount available for
distribution in any fiscal year to metropolitan cities and
urban counties under this section is insufficient to provide
the amounts to which metropolitan cities and urban counties
would be entitled under this section, and funds are not
otherwise appropriated to meet the deficiency, the Secretary
shall meet the deficiency through a pro rata reduction of all
amounts determined under this section.
(2) Increase.--If the total amount available for
distribution in any fiscal year to metropolitan cities and
urban counties under this section exceeds the amounts to
which metropolitan cities and urban counties would be
entitled under this section, the Secretary shall
distribute the excess through a pro rata increase of all
amounts determined under this section.
SEC. 8. STATE AND REGIONAL PLANNING; COMMUNICATIONS SYSTEMS.
(a) Allocations.--Subject to appropriations authorized
under section 4(b)(2), $500,000,000 shall be allocated to
States, regional cooperations, and local communities, in
accordance with subsection (b) for--
(1) homeland defense planning within the States;
(2) homeland defense planning within the regions;
(3) the development and maintenance of Statewide training
facilities and homeland security best-practices
clearinghouses; and
(4) the development and maintenance of communications
systems that can be used between and among first responders,
including law enforcement, fire, and emergency medical
personnel.
(b) Use of funds.--Of the amount allocated under subsection
(a)--
(1) $325,000,000 shall be used by the States for homeland
defense planning and coordination within each State;
(2) $50,000,000 shall be used by regional cooperations and
regional, multistate, or intrastate authorities for homeland
defense planning and coordination within each region;
(3) $50,000,000 shall be used by the States to develop and
maintain Statewide training facilities and best-practices
clearinghouses; and
(4) $75,000,000 shall be used by the States and local
communities to develop and maintain communications systems
that can be used between and among first responders at the
State and local level, including law enforcement, fire, and
emergency personnel.
(c) Allocations to States.--
(1) In general.--Funds under this section to be awarded to
States shall be allocated among the States based upon the
population for each State relative to the populations of all
States.
(2) Minimum amount provision.--The provision in section
7(i)(4) relating to a minimum amount shall apply to funds
awarded under this section to States.
(3) Local communications systems.--Not less than 30 percent
of the funds awarded under subsection (b)(4) shall be used
for the development and maintenance of local communications
systems.
(d) Allocations to Regional Cooperations.--Funds under this
section to be awarded to regional cooperations and regional,
multistate, or intrastate authorities, shall be allocated
among the regional cooperations based upon the population of
the areas covered by the cooperations.
SEC. 9. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
No person in the United States shall on the ground of race,
color, national origin, religion, or sex be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in
whole or in part with funds made available under this Act.
Any prohibition against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.) or with respect to an otherwise qualified handicapped
individual as provided in section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) shall also apply to any such
program or activity.
SEC. 10. REMEDIES FOR NONCOMPLIANCE WITH REQUIREMENTS.
If the Secretary finds after reasonable notice and
opportunity for hearing that a recipient of assistance under
this Act has failed to comply substantially with any
provision of this Act, the Secretary shall--
(1) terminate payments to the recipient under this Act;
(2) reduce payments to the recipient under this Act by an
amount equal to the amount of such payments which were not
expended in accordance with this Act; or
(3) limit the availability of payments under this Act to
programs, projects, or activities not affected by such
failure to comply.
SEC. 11. REPORTING REQUIREMENTS.
(a) In General.--Not later than 180 days after the end of
each fiscal year in which assistance is awarded under this
Act, the Secretary shall submit to Congress a report which
shall contain--
(1) a description of the progress made in accomplishing the
objectives of this Act;
(2) a summary of the use of such funds during the preceding
fiscal year; and
(3) a description of the activities carried out under
section 7.
(b) Reports to Secretary.--The Secretary is authorized to
require recipients of assistance under this Act to submit to
such reports and other information as may be necessary in
order for the Secretary to comply with subsection (a).
SEC. 12. CONSULTATION BY ATTORNEY GENERAL.
In carrying out the provisions of this Act including the
issuance of regulations, the Secretary shall consult with the
Attorney General and other Federal departments and agencies
administering Federal grant-in-aid programs.
SEC. 13. INTERSTATE AGREEMENTS OR COMPACTS; PURPOSES.
The consent of the Congress is hereby given to any 2 or
more States to enter into agreements or compacts, not in
conflict with any law of the United States, for cooperative
effort and mutual assistance in support of homeland security
planning and programs carried out under this Act as they
pertain to interstate areas and to localities within such
States, and to establish such agencies, joint or otherwise,
as they may deem desirable for making such agreements and
compacts effective.
SEC. 14. MATCHING REQUIREMENTS; SUSPENSION OF REQUIREMENTS
FOR ECONOMICALLY DISTRESSED AREAS.
(a) Requirement.--Grant recipients shall contribute from
funds, other than those received under this Act, 10 percent
of the total funds received under this Act. Such funds shall
be used in accordance with the grantee's statement of
homeland security objectives.
(b) Economic Distress.--Grant recipients that are deemed
economically distressed
[[Page S1263]]
shall be waived from the matching requirement set forth in
this section.
______
SA 92. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 772, strike lines 10 through 23.
______
SA 93. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1037, line 8, insert ``(a) Fruits and Vegetables.--
'' before ``The''.
On page 1037, between lines 12 and 13, insert the
following:
(b) Avocado and Citrus Producers.--
(1) In general.--The Secretary shall use $80,000,000 of
funds of the Commodity Credit Corporation to make payments,
as soon as practicable after the date of enactment of this
Act, to avocado and citrus producers that suffered economic
losses, including quality losses, as the result of the
imposition of quarantines to prevent the introduction of
fruit flies from Mexico into the State of California during
the 2002 or 2003 crop year, or both.
(2) Amount.--The amount of payments for which producers are
eligible to receive payments under this subsection shall be
based an the value of avocados and citrus, as determined by
the Secretary.
(3) Limitations.--
(A) In general.--Except as provided in subparagraph (B),
the Secretary shall not establish a payment limitation, or
income eligibility limitation, with respect to payments made
under this subsection.
(B) Payment quantities.--The Secretary may establish a
limitation on the maximum quantity of avocados or citrus for
which a producer may receive payments under this subsection.
(4) Other federal assistance.--A producer shall be
ineligible for a payment under this subsection to the extent
that the producer received compensation or assistance for the
loss under any other Federal program, other than the Federal
crop insurance program established under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
______
SA 94. Mr. BREAUX (for himself and Ms. Landrieu) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. MORGANZA, LOUISIANA, TO THE GULF OF MEXICO,
MISSISSIPPI RIVER AND TRIBUTARIES.
The project for hurricane and storm damage reduction,
Morganza, Louisiana, to the Gulf of Mexico, Mississippi River
and Tributaries, is authorized to be carried out by the
Secretary of the Army substantially in accordance with the
plans, and subject to the conditions, described in the Report
of the Chief of Engineers dated August 23, 2002, at a total
cost of $680,000,000, with an estimated Federal cost of
$442,000,000 and an estimated non-Federal cost of
$238,000,000.
______
SA 95. Ms. LANDRIEU submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 313, line 14, strike the period and insert a colon
and the following: ``Provided, That, of the funds made
available pursuant to this section, not less than $6,000,000
shall be made available for the United States Agency for
International Development to use in support of programs
that--
``(1) promote the inclusion of a significant number of
women in future legislative bodies to ensure that women's
full range of human rights are included and upheld in any
constitution or legal structures of Afghanistan;
``(2) promote the continuation and strengthening of the
Ministry for Women's Affairs as the Government of Afghanistan
makes the transition to a long-term government structure, and
encourage the appointment of women to high-level positions
within the ministries of the Government of Afghanistan;
``(3) ensure that a significant portion of United States
development, humanitarian, and relief assistance is channeled
to local and United States-based Afghan women's
organizations;
``(4) provide technical assistance, training, and capacity-
building for local women-based organizations to ensure that
United States funded efforts will be both effective and
sustainable;
``(5) promote multiyear women-centered economic development
programs, including programs to assist widows, female heads
of household, women in rural areas, and disabled women;
``(6) increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property;
``(7) provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education
for Afghan girls, women, boys, and men;
``(8) provide financial assistance to build the health
infrastructure and to deliver high-quality comprehensive
health care programs, including primary, maternal, child,
reproductive, and mental health care; and
``(9) provide, in close consultation with women's
organizations in Afghanistan, training for the military and
police forces on the protection, rights, and the particular
needs of women, and emphasize that violations of women's
rights are intolerable and should be prosecuted:
``Provided further, That one year after the date of enactment
of this Act, the Administrator of the United States Agency
for International Development shall submit a report to
Congress that contains--
``(A) a detailed description of programs funded by the
United States Agency for International Development that are
carried out under the preceding proviso;
``(B) other programs of the United States Agency for
International Development that directly or indirectly benefit
women; and
``(C) barriers that remain for women in Afghanistan,
specifically in the protection of basic human rights,
education, reproductive health, legal rights, political
participation, and economic opportunity, and what types of
foreign assistance is necessary to ensure that these barriers
might be eliminated.''.
______
SA 96. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 852, between lines 4 and 5, insert the following:
SEC. 4__. DESIGNATION OF NATHANIEL R. JONES FEDERAL BUILDING
AND UNITED STATES COURTHOUSE.
(a) In General.--The Federal building and United States
courthouse located at 10 East Commerce Street in Youngstown,
Ohio, shall be known and designated as the ``Nathaniel R.
Jones Federal Building and United States Courthouse''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Federal building and United States courthouse referred to in
subsection (a) shall be deemed to be a reference to the
Nathaniel R. Jones Federal Building and United States
Courthouse.
______
SA 97. Mr. NELSON of Florida (for himself and Mr. Daschle, Mr. Leahy,
Mr. Durbin, and Mr. Biden) submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 2, making further
continuing appropriations for the fiscal year 2003, and for other
purposes; as follows:
At the appropriate place, insert the following:
Sec.__. In addition to amounts appropriated by this Act
under the heading ``Public Law 480 Title II Grants'', there
is appropriated, out of funds in the Treasury not otherwise
appropriated, $600,000,000 for assistance for emergency
relief activities: Provided, That the amount appropriated
under this section shall remain available through September
30, 2004: Provided further, That the entire amount
appropriated under this section is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
______
SA 98. Mr. McCONNELL (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 366, line 26, strike ``this heading'' and insert in
lieu thereof: the heading ``Economic Support Fund''
______
SA 99. Mr. McCONNELL (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 366, strike everything after ``the'' on line 3,
through ``Agency'' on line 4 and insert in lieu thereof:
headings ``Trade and Development Agency'', ``International
Military Education and Training'', ``Foreign Military
Financing Program'', ``Migration and Refugee Assistance'',
and ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''
______
SA 100. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
[[Page S1264]]
On page 107, line 5, insert ``of which $10,000,000 will be
provided for the continuance of methamphetamine reduction
efforts'' before the semicolon.
______
SA 101. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. ARMED FORCES MEMORIAL.
(a) Definitions.--In this section:
(1) Map.--The term ``map'' means the map referred to in
section 8902(a)(3) of title 40, United States Code.
(2) Memorial.--The term ``memorial'' means the memorial
authorized to be established under subsection (b)(1).
(b) Authority To Establish Memorial.--
(1) In general.--The Pyramid of Remembrance Foundation may
establish a memorial on Federal land in the area depicted on
the map as ``Area II'' to honor members of the Armed Forces
of the United States who have lost their lives during
peacekeeping operations, humanitarian efforts, training,
terrorist attacks, or covert operations.
(2) Compliance with standards for commemorative works.--
(A) In general.--Except as provided in subparagraph (B),
the establishment of the memorial shall be in accordance with
chapter 89 of title 40, United States Code.
(B) Exception.--Subsections (b) and (c) of section 8903 of
title 40, United States Code, shall not apply to the
establishment of the memorial.
(c) Funds for Memorial.--
(1) Use of federal funds prohibited.--Except as provided by
chapter 89 of title 40, United States Code, no Federal funds
may be used to pay any expense incurred from the
establishment of the memorial.
(2) Deposit of excess funds.--The Pyramid of Remembrance
Foundation shall transmit to the Secretary of the Treasury
for deposit in the account provided for in section 8906(b)(1)
of title 40, United States Code--
(A) any funds that remain after payment of all expenses
incurred from the establishment of the memorial (including
payment of the amount for maintenance and preservation
required under section 8906(b) of title 40, United States
Code); or
(B) any funds that remain on expiration of the authority
for the memorial under section 8903(e) of title 40, United
States Code.
______
SA 102. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. VALUE-ADDED PROJECTS FOR AGRICULTURAL
DIVERSIFICATION.
Of the amount of funds that are made available to producers
in the State of Vermont under section 524 of the Federal Crop
Insurance Act (7 U.S.C. 1524) for fiscal year 2003, the
Secretary of Agriculture shall make a grant of $200,000 to
the Northeast Center for Food Entrepreneurship at the
University of Vermont to support value-added projects that
contribute to agricultural diversification in the State, to
remain available until expended.
______
SA 103. Mr. LEAHY (for himself, Mr. Harkin, and Ms. Stabenow)
submitted an amendment intended to be proposed by him to the joint
resolution H.J. Res. 2, making further continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
On page 1037, line 2, strike ``$250,000,000'' and insert
``$552,000,000''.
______
SA 104. Mr. LEAHY (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows;
In the division relating to agriculture--
(1) in the matter under the heading ``child nutrition
programs (including transfers of funds)'' under the heading
``Food and Nutrition Service'' in title IV--
(A) strike ``$5,834,506,000'' and insert
``$6,386,506,000''; and
(B) strike ``$4,745,663,000'' and insert
``$4,193,663,000''; and
(2) strike section 205.
______
SA 105. Ms. LANDRIEU submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows;
At the appropriate place, insert the following:
SEC. __. ESTABLISHMENT OF SPECIAL COMMITTEE ON THE
ORGANIZATION OF THE SENATE.
(a) Establishment.--There is established a special
committee of the Senate, to be known as the Special Committee
on the Organization of the Senate (in this section referred
to as the ``Special Committee'').
(b) Purposes.--The purposes of the Special Committee are--
(1) to assist the Senate in addressing its organizational
structure in light of reorganization efforts in the Executive
Branch and the House of Representatives; and
(2) to report to the Senate a set of recommendations as to
necessary changes in the committee structure of the Senate.
(c) Composition.--
(1) In general.--The Special Committee shall be composed
of--
(A) the Majority Leader and the Minority Leader;
(B) 5 members of the Senate appointed by the Majority
Leader; and
(C) 5 members of the Senate appointed by the Minority
Leader.
(2) Cochairmen.--The Majority and Minority Leaders of the
Senate shall each designate 1 member of the Special Committee
as cochairman.
(d) Powers.--
(1) In general.--For the purposes of this resolution, the
Special Committee is authorized--
(A) to make investigations into any matter within its
general purposes;
(B) to make expenditures from the contingent fund of the
Senate;
(C) to employ personnel;
(D) to hold hearings;
(E) to sit and act at any time or place during the
sessions, recesses, and adjourned periods of the Senate;
(F) to procure the service of individual consultants or
organizations thereof, in accordance with the provisions of
section 202(i) of the Legislative Reorganization Act of 1946;
(G) to publish and report the findings of the Special
Committee; and
(H) to take depositions and other testimony.
(2) Administration of oaths.--A cochairman of the Special
Committee or any member thereof may administer oaths to
witnesses.
(e) Reports.--
(1) To the senate.--Not later than 1 year after the date of
enactment of this section, the Special Committee shall issue
a final report of recommendations to the full Senate.
(2) Preliminary reports.--The Special Committee may issue
such preliminary reports and recommendations as the
cochairmen deem appropriate.
______
SA 106. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows;
At the appropriate place, insert the following:
SEC. __. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
(a) Amendment to the Homeland Security Act.--Section 457 of
the Homeland Security Act of 2002 (Public Law 107-296) is
amended to read as follows:
``SEC. 457. FUNDING FOR CITIZENSHIP AND IMMIGRATION SERVICES.
``(a) Amendment to the Immigration and Nationality Act.--
Section 286(m) of the Immigration and Nationality Act (8
U.S.C. 1356(m)) is amended by striking `services, including
the costs of similar services provided without charge to
asylum applicants or other immigrants' and inserting
`services'.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Attorney General or the Secretary, as may be
appropriate, such funds as may be necessary to compensate for
the loss of any funds for adjudication services by reason of
the operation of the amendment made by subsection (a),
including funds necessary--
``(A) to carry out the provisions of sections 207 through
209 of the Immigration and Nationality Act (8 U.S.C. 1157-
59); and
``(B) to provide fee waivers or exemptions to applicants
and petitioners.
``(2) Availability of funds.--Funds appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
``(c) Statutory Construction.--Nothing section 286(m) of
the Immigration and Nationality Act, as amended by subsection
(a), or any other provision of law, shall be construed to
require the reduction of any fee, or the foregoing of any
increase in any fee, for adjudication services that is
otherwise authorized under such section 286(m) or any other
provision of law, until the date that is 90 days after the
date on which funds are specifically appropriated and made
available under subsection (b) in an amount equal to the
amount of such proposed reduction or foregone increase for
any fiscal year.''.
(b) Effective Date.--The amendment made by subsection (a)
of this section shall be effective as if it were included in
the enactment of the Homeland Security Act of 2002 (Public
Law 107-296).
______
SA 107. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for
[[Page S1265]]
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following new section:
SEC. __. RESTORATION OF PROVISION REGARDING FEES TO COVER THE
FULL COSTS OF ALL ADJUDICATION SERVICES.
The Homeland Security Act of 2002 is amended by striking
section 457, including the amendment made by such section.
______
SA 108. Ms. CANTWELL (for herself and Mr. Nelson) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 549, between lines 14 and 15, insert the following:
In addition to any amounts otherwise appropriated under
this Act for title I of the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.), $678,551,000 is appropriated to
carry out that Act, of which--
(1) $156,965,000 (which is available for obligation for the
period April 1, 2003 through June 30, 2004) shall be for
making allotments and grants in accordance with subparagraphs
(B) and (C) of section 127(b)(1) of that Act (29 U.S.C.
2852(b)(1)) (relating to youth activities);
(2) $76,000,000 (which is available for obligation for the
period July 1, 2003 through June 30, 2004) shall be for
making allotments and grants in accordance with section
132(b)(1) of that Act (29 U.S.C. 2862(b)(1)) (relating to
employment and training activities for adults);
(3) $206,096,000 (which is available for obligation for the
period July 1, 2003 through June 30, 2004) shall be for
making allotments and grants in accordance with section
132(b)(2) of that Act (29 U.S.C. 2862(b)(2)) (relating to
employment and training activities for dislocated workers);
(4) $181,890,000 (which is available for obligation for the
period April 1, 2003 through June 30, 2004) shall be for use
under section 169 of that Act (29 U.S.C. 2914) (relating to
youth opportunity grants); and
(5) $57,600,000 (which is available for obligation for the
period July 1, 2003 through June 30, 2006) shall be for
carrying out subtitle C of title I of that Act (29 U.S.C.
2881 et seq.) (relating to the Job Corps).
Notwithstanding any other provision of this Act, funds
provided under the preceding sentence shall not result in a
further across-the-board rescission under section 601 of
division N.
______
SA 109. Mrs. BOXER submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. IMPERIAL PROJECT.
Notwithstanding any other provision of law, none of the
funds provided by this Act or any other Act for any fiscal
year may be used by the Secretary of the Interior to approve
the plan of operations submitted by the Glamis Imperial
Corporation for the Imperial project, an open-pit gold mine
located on public land administered by the Bureau of Land
Management in Imperial County, California.
______
SA 110. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. SENSE OF THE SENATE REGARDING SOUTHERN CALIFORNIA
OFFSHORE OIL LEASES.
(a) Findings.--Congress finds that--
(1) there are 36 undeveloped oil leases on land in the
southern California planning area of the outer Continental
Shelf that--
(A) have been under review by the Secretary of the Interior
for an extended period of time, including some leases that
have been under review for over 30 years; and
(B) have not been approved for development under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(2) the oil companies that hold the 36 leases--
(A) have expressed an interest in retiring the leases in
exchange for equitable compensation; and
(B) are engaged in settlement negotiations with the
Secretary of the Interior for the retirement of the leases;
and
(3) it would be a waste of the taxpayer's money to continue
the process for approval or permitting of the 36 leases while
the Secretary of the Interior and the lessees are negotiating
to retire the leases.
(b) Sense of the Senate.--It is the sense of the Senate
that no funds made available by this Act or any other Act for
any fiscal year should be used by the Secretary of the
Interior to approve any exploration, development, or
production plan for, or application for a permit to drill on,
the 36 undeveloped leases in the southern California planning
area of the outer Continental Shelf during any period in
which the lessees are engaged in settlement negotiations with
the Secretary of the Interior for the retirement of the
leases.
______
SA 111. Mrs. HUTCHISON submitted an amendment intended to be proposed
by her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the division making
appropriations for the Department of Agriculture, insert the
following:
SEC. __. ASSISTANCE TO AGRICULTURAL PRODUCERS THAT HAVE USED
WATER FOR IRRIGATION FROM RIO GRANDE RIVER.
(a) In General.--The Secretary of Agriculture shall use
$10,000,000 of the funds of the Commodity Credit Corporation
to make a grant to the State of Texas, acting through the
Texas Department of Agriculture, to provide assistance to
agricultural producers in the State of Texas with farming
operations along the Rio Grande River that have suffered
economic losses during the 2002 crop year due to the failure
of Mexico to deliver water to the United States in accordance
with the Treaty Relating to the Utilization of Waters of the
Colorado and Tijuana Rivers and of the Rio Grande, and
Supplementary Protocol signed November 14, 1944, signed at
Washington on February 3, 1944 (59 Stat. 1219; TS 944).
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of actual losses described in
subsection (a) that were incurred by the producers.
______
SA 112. Mr. BUNNING (for himself and Mr. Santorum) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
At the end of the general provisions relating to the
Department of Health and Human Services, insert the
following:
SEC. __. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
(a) In General.--The Secretary of Health and Human Services
may make grants for the purchase of ultrasound equipment.
Such ultrasound equipment shall be used by the recipients of
such grants to provide, under the direction and supervision
of a licensed physician, free ultrasound examinations to
pregnant woman needing medical services.
(b) Eligibility Requirements.--An entity may receive a
grant under subsection (a) only if the entity meets the
following conditions:
(1) Nonprofit, tax exempt organization.--The entity is a
nonprofit private organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is exempt
from tax under section 501(a) of such Code.
(2) Clinic.--The entity operates as a community-based
pregnancy help medical clinic.
(3) Qualified entity.--The entity is legally qualified to
provide medical services to pregnant women and is in
compliance with all Federal, State, and local requirements
for the provision of such services.
(4) Procedures.--The entity agrees to comply with the
following medical procedures:
(A) Image and description.--Each pregnant woman upon whom
the ultrasound equipment is used will be shown the visual
image of the embryo or fetus involved from the ultrasound
examination and will be given a general anatomical and
physiological description of the characteristics of the
embryo or fetus.
(B) Age.--Each pregnant woman will be given, according to
the best medical judgment of the physician or physician's
agent performing the ultrasound examination, the approximate
age of the embryo or fetus considering the number of weeks
elapsed from the probable time of the conception of the
embryo or fetus, based upon the information provided by the
woman as to the time of her last menstrual period, her
medical history, a physical examination, or appropriate
laboratory tests.
(C) Information on options.--Each pregnant woman will be
given information on abortion and alternatives to abortion
such as childbirth and adoption and information concerning
public and private agencies that will assist women choosing
those alternatives.
(D) Insurance.--The entity will obtain and maintain medical
malpractice insurance in an amount not less than $1,000,000,
and such insurance will cover all activities relating to the
use of the ultrasound machine purchased with the grant under
subsection (a).
(5) Multiple revenue sources.--The entity does not receive
more than 30 percent of its gross annual revenue from a
single source or donor.
(c) Limitation on Individual Grant Amount.--No grant made
under subsection (a) may be made in an amount that exceeds
the lesser of--
(1) an amount equal to 50 percent of the purchase price
cost of the ultrasound machine involved; or
(2) $20,000.
(d) Application for Grant.--To be eligible to receive a
grant under subsection (a), an
[[Page S1266]]
entity shall submit an application to the Secretary in such
form, in such manner, and containing such agreements,
assurances, and information as the Secretary determines to be
necessary to carry out this section.
(e) Annual Report to Secretary.--The Secretary may make a
grant under subsection (a) only if the applicant for the
grant agrees to report on an annual basis to the Secretary,
in such form and manner as the Secretary may require, on the
ongoing compliance of the applicant with the eligibility
conditions established in subsection (b).
(f) Definitions.--In this section:
(1) Community-based pregnancy help medical clinic.--The
term ``community-based pregnancy help medical clinic'' means
an entity that--
(A) provides free medical services to pregnant women under
the direction and supervision of a licensed physician who
serves as the medical director for such clinic; and
(B) does not charge for any services rendered to its
clients, whether or not such services are for pregnancy-
related matters.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(g) Appropriations and Offset.--
(1) Appropriations.--There is appropriated to carry out
this section $5,000,000 for fiscal year 2003.
(2) Offset.--Of the amount appropriated or otherwise made
available by title III of division K for the National
Aeronautics and Space Administration, the amount available
for the Origins program under the Office of Space Sciences is
hereby reduced by $5,000,000.
______
SA 113. Mr. KOHL submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SAVINGS PROVISION OF CERTAIN TRANSFERS MADE UNDER
THE HOMELAND SECURITY ACT OF 2002.
The transfer of functions under subtitle B of title XI of
the Homeland Security Act of 2003 (Public Law 107-296) shall
not affect any pending or completed administrative actions,
including orders, determinations, rules, regulations,
personnel actions, permits, agreements, grants, contracts,
certificates, licenses, or registrations, in effect on the
date immediately prior to the date of such transfer, or any
proceeding, unless and until amended, modified, superseded,
terminated, set aside, or revoked. Pending civil actions
shall not be affected by such transfer of functions.
______
SA 114. Mr. JEFFORDS (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place in division I, insert the
following:
Sec. __. The amendments made by section 890 of the Homeland
Security Act of 2002, relating to the Air Transportation
Safety and Systems Stabilization Act, are repealed and the
Air Transportation Safety and Systems Stabilization Act shall
be applied as if such amendments had not been enacted.
______
SA 115. Mr. JEFFORDS (for himself and Mr. Schumer) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 180, line 25, strike ``$566,500,000'' and insert
``$750,000,000''.
______
SA 116. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes, which
was ordered to lie on the table, as follows:
At the appropriate place in Division A insert:
Sec. . Notwithstanding any other provision of law, the
Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to ensure
that United States contributions for international
humanitarian food assistance for each fiscal year 2003 and
2004 shall be no less than the previous five year average
beginning on the date of enactment of this Act.
______
SA 117. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
Sec. 602. The rescission requirements in section 601(a)
shall not apply with respect to the budget authority provided
for amounts appropriated by title I of division K for the
Department of Veterans Affairs for the Veterans Health
Administration for Medical Care, or to any amounts
appropriated pursuant to that budget authority.
______
SA 118. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. TRANSFER OF FOREST LEGACY PROGRAM LAND.
Section 7(l) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2103c(l)) is amended by inserting after
paragraph (2) the following:
``(3) Transfer of forest legacy program land.--
``(A) In general.--Subject to any terms and conditions that
the Secretary may require (including the requirements
described in subparagraph (B)), the Secretary may, at the
request of a participating State, convey to the State, by
quitclaim deed, without consideration, any land or interest
in land acquired in the State under the Forest Legacy
Program.
``(B) Requirements.--In conveying land or an interest in
land under subparagraph (A), the Secretary may require that--
``(i) the deed conveying the land or interest in land
include requirements for the management of the land in a
manner that--
``(I) conserves the land or interest in land; and
``(II) is consistent with any other Forest Legacy Program
purposes for which the land or interest in land was acquired;
``(ii) if the land or interest in land is subsequently
sold, exchanged, or otherwise disposed of by the State, the
State shall--
``(I) reimburse the Secretary in an amount that is based on
the current market value of the land or interest in land in
proportion to the amount of consideration paid by the United
States for the land or interest in land; or
``(II) convey to the Secretary land or an interest in land
that is equal in value to the land or interest in land
conveyed.
``(C) Disposition of funds.--Amounts received by the
Secretary under subparagraph (B)(ii) shall be credited to the
Forest Legacy Program account, to remain available until
expended.''.
______
SA 119. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. In addition to amounts otherwise appropriated in
this Act, there are appropriated $1,600,000,000 to enable the
Department of Health and Human Services to enhance the
preparedness of the United States to respond effectively to
acts of bioterrorism, of which--
(1) $850,000,000 shall be made available for grants to
States and local communities for the costs of smallpox
vaccination programs; and
(2) $750,000,000 shall be made available to extend the
Vaccine Injury Compensation Program under title XXI of the
Public Health Service Act (42 U.S.C. 300aa-1 et seq.) to
cover those individuals who experience injuries or other
hardships resulting from the administration of vaccinia virus
or other countermeasures against smallpox.
______
SA 120. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. In addition to amounts otherwise appropriated in
this Act, there are appropriated $2,875,000,000 to enable the
Department of Health and Human Services to enhance the
preparedness of the United States to respond effectively to
acts of bioterrorism, of which--
(1) $850,000,000 shall be made available for grants to
States and local communities for the costs of smallpox
vaccination programs;
(2) $750,000,000 shall be made available to extend the
Vaccine Injury Compensation Program under title XXI of the
Public Health Service Act (42 U.S.C. 300aa-1 et seq.) to
cover those individuals who experience injuries or other
hardships resulting from the administration of vaccinia virus
or other countermeasures against smallpox;
(3) $1,250,000 shall be made available to improve the
preparedness of hospitals for bioterrorism; and
(4) $25,000,000 shall be made available to the Centers for
Disease Control and Prevention to enhance control of
biological agents and toxins as described under section 351A
of the Public Health Service Act.
______
SA 121. Mr. KENNEDY submitted an amendment intended to be proposed by
[[Page S1267]]
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1047, between lines 19 and 20, insert the
following:
Sec. 404. (a) Section 1886(d)(5)(B)(ii) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended--
(1) in subclause (V), by adding ``and'' at the end; and
(2) by striking subclauses (VI) and (VII) and inserting the
following:
``(VI) on or after October 1, 2001, `c' is equal to 1.6.''.
(b) Section 1886(d)(2)(C)(i) of the Social Security Act (42
U.S.C. 1395ww(d)(2)(C)(i)) is amended--
(1) by striking ``1999 or'' and inserting ``1999,''; and
(2) by inserting ``, or of section 404 of division N of the
Joint Resolution entitled `Joint Resolution making further
continuing appropriations for the fiscal year 2003, and for
other purposes' after ``2000''.
______
SA 122. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 59, line 14, insert before the period the
following: ``: Provided further, That an additional
$13,603,766 shall be appropriated for the Food and Drug
Administration and shall be made available for the review of
medical devices, and such amount shall be in addition to any
other amounts appropriated in this Act for such activities:
Provided further, that amounts made available under this Act
for the administrative and related expenses for departmental
management for the Department of Health and Human Services
shall be reduced on pro rata basis by $13,603,766''.
______
SA 123. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) In General.--In addition to amounts otherwise
appropriated in this Act, there are appropriated
$584,646,000, of which--
(1) $43,492,000 shall be made available to the National
Center on Minority Health and Health Disparities;
(2) $21,015,000 shall be made available to the Office of
Minority Health of the Department of Health and Human
Services;
(3) $15,334,000 shall be made available to the Office for
Civil Rights of the Department of Health and Human Services
for discrimination-related enforcement and allocated to
enforcement actions and the investigation of complaints and
potential violations of law relating to discrimination and
racial disparities in health care;
(4) $491,500,000 shall be made available to the Department
of Health and Human Services for research and activities
under the Minority HIV/AIDS initiative; and
(5) $13,305,000 shall be made available to the Health
Resources and Services Administration for Health Professions
Training for Diversity programs.
(b) Office of Minority Health.--The amount appropriated
under subsection (a)(2), shall be made available to the
Office of Minority Health of the Department of Health and
Human Services to be used for activities including--
(1) to undertake, through and in collaboration with the
Public Health Service agencies, a coordinated Federal
initiative to reduce racial and ethnic disparities in health,
particularly in the six focus areas of infant mortality,
cancer screening and management, cardiovascular disease,
diabetes, HIV/AIDS, and immunizations;
(2) to increase funding for minority health initiatives and
collaborations at the multi-State, State, and local level
that employ proven public health strategies to reduce health
disparities in specific minority populations;
(3) to expand Federal efforts and assist States in the
collection and analysis of health status data that includes
standard racial and ethnic data;
(4) to conduct or support research on effective health
interventions in minority communities;
(5) to assist in the development and dissemination of cross
cultural curricula for the training of health professionals;
(6) to provide technical assistance to States to improve
public health infrastructures and outreach for health
disparity populations; and
(7) to sponsor National Forums on African American Health
Care, Latino Health Care, Asian American Health Care, and
Native American Health Care.
______
SA 124. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 620, between lines 18 and 19, insert the following:
SEC. __. PELL GRANT FUNDING.
(a) Additional Appropriations.--Notwithstanding any other
provision of this Act, the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated
for the fiscal year ending September 30, 2003, for an
additional amount for ``Student Financial Assistance'' for
carrying out subpart 1 of part A of title IV of the Higher
Education Act of 1965, $1,350,000,000 to remain available
through September 30, 2004.
(b) Maximum Pell Grant.--Notwithstanding any other
provision of this Act, the maximum Pell Grant for which a
student shall be eligible during award year 2003-2004 shall
be $4,500.
(c) Across-the-Board Rescission.--Notwithstanding any other
provision of this Act, funds provided under subsections (a)
and (b) shall not result in a further across-the-board
rescission under section 601 of Division N.
______
SA 125. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 620, between lines 18 and 19, insert the following:
SEC. __. ADDITIONAL FUNDING FOR EDUCATION.
(a) In General.--Notwithstanding any other provision of
this Act, in lieu of any amounts otherwise appropriated under
this Act for part A of title II of the Elementary and
Secondary Education Act of 1965, the following sums are
appropriated, out of any money in the Treasury not otherwise
appropriated for the fiscal year ending September 30, 2003,
$3,500,000,000 for carrying out such part, to remain
available through September 30, 2004.
(b) Across-the-Board Rescission.--Notwithstanding any other
provision of this Act, funds provided under subsection (a)
shall not result in a further across-the-board rescission
under section 601 of Division N.
______
SA 126. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003; and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
``SEC. PERMANENT AUTHORITY TO OPERATE THE STRATEGIC
PETROLEUM RESERVE AND OTHER ENERGY PROGRAMS
(a) Amendment to Title I of the Energy Policy and
Conservation Act.--Title I of the Energy Policy and
Conservation Act (42 U.S.C. 6211 et seq.) is amended--
(1) by striking section 166 (42 U.S.C. 6246) and
inserting--
``AUTHORIZATION OF APPROPRIATIONS
``Sec. 166. There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this
part and part D, to remain available until expended.'';
(2) by striking section 186 (42 U.S.C. 6250e); and
(3) by striking part E (42 U.S.C. 6251; relating to the
expiration of title I of the Act).
(b) Amendment to Title II of the Energy Policy and
Conservation Act.--Title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271 et seq.) is amended--
(1) by striking section 256(h) (42 U.S.C. 6276(h)) and
inserting--
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary such sums as
may be necessary to carry out this part, to remain available
until expended.'';
(2) by inserting before section 273 (42 U.S.C. 6283) the
following:)
``Part C--Summer Fill and Fuel Budgeting Programs'';
(3) by striking section 273(e) (42 U.S.C. 6283(e); relating
to the expiration of summer fill and fuel budgeting
programs); and
(4) by striking part D (42 U.S.C. 6285; relating to the
expiration of title II of the Act).
(c) Technical Amendments.--The table of contents for the
Energy Policy and Conservation Act is amended--
(1) by amending the items relating to part D of title I to
read as follows:
``Part D--Northwest Home Heating Oil Reserve
``Sec 181. Establishment.
``Sec. 182. Authority.
``Sec. 183. Conditions for release; plan.
``Sec. 184. Northeast Home Heating Oil Reserve Account.
``Sec. 185. Exemptions.'';
``(2) by amending the items relating to part C of title II
to read as follows:
``Part C--Summer Fill and Fuel Budgeting Programs
``Sec. 273. Summer fill and fuel budgeting programs.''; and
(3) by striking the items relating to part D of title II.
(d) Section 183(b)(1) of the Energy Policy and Conservation
Act (42 U.S.C. 6250b(b)(1)) is amended by inserting
``(considered as a heating season average)'' ``mid-October''
through March''.
[[Page S1268]]
(e) Full Capacity.--The President shall--
(1) fill the Strategic Petroleum Reserve established
pursuant to part B of title I of the Energy Policy and
Conservation Act (42 U.S.C. 6231 et seq.) to full capacity as
soon as practicable.
(2) acquire petroleum for the Strategic Petroleum Reserve
by the most practicable and cost-effective means, including
the acquisition of crude oil the United States is entitled to
receive in kind as royalties from production on Federal
lands; and
(3) ensure that the fill rate minimizes impacts on
petroleum markets.
(b) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Energy shall
submit to the Congress a plan to--
(1) eliminate any infrastructure impediments that may limit
maximum drawdown capability; and
(2) determine whether the capacity of the Strategic
Petroleum Reserve on the date of enactment of this section is
adequate in light of the increasing consumption of petroleum
and the reliance on imported petroleum.
______
SA 127. Mr. DURBIN (for himself, Mr. DeWine, Mr. Daschle, Mr.
Kennedy, Mrs. Boxer, Mrs. Murray, Mr. Schumer, Ms. Mikulski, Mr. Leahy,
Mr. Kohl, Mrs. Clinton, Mr. Biden, Ms. Landrieu, Mr. Corzine, Mr.
Edwards, and Mr. Lautenberg) submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 2, making further
continuing appropriations for the fiscal year 2003, and for other
purposes; which was ordered to lie on the table; as follows:
On page 311, between lines 7 and 8, insert the following:
united states agency for international
development
child survival and health programs fund
additional amount for global hiv/aids programs
(including transfer of funds)
For an additional amount to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, $180,000,000, to remain
available until September 30, 2004: Provided, That of such
amount, not less than $100,000,000 shall be made available
for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (in addition to amounts made
available for contribution to such Fund under any other
provision of this Act): Provided, further, That, of the
additional amount appropriated under this heading, up to
$25,000,000 (not to be derived from the amount made available
for contribution under the preceding proviso) may be
transferred to (and upon transfer shall be merged with)
amounts appropriated for the Department of Health and Human
Services for the Centers for Disease Control and Prevention
for disease control, research, and training under title II of
division G of this Act, which shall be made available for
child survival, maternal health, and other disease programs
and development activities to prevent, treat, care for, and
address the impact and consequences of HIV/AIDS: Provided,
further, That not more than seven percent of the total amount
appropriated under this heading may be made available for
administrative costs of departments and agencies of the
United States that carry out programs for which funds are
appropriated under this heading, but funds made available for
such costs may not to be derived from amounts made available
for contribution and transfer under the preceding provisos.
______
SA 128. Mr. LEVIN (for himself, Mr. Fitzgerald, Mr. DeWine, Mr.
Voinovich, and Mr. Schumer) submitted an amendment intended to be
proposed by him to the joint resolution H.J. Res. 2, making further
continuing appropriations for the fiscal year 2003, and for other
purposes; which was ordered to lie on the table; as follows:
On page 259, line 19, strike ``projects:'' and insert
``projects; and of which $500,000 shall be available for
dispersal barriers in the Chicago Ship and Sanitary Canal,
Illinois:''.
______
SA 129. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. USE OF EMERGENCY FUNDS FOR SMALL BUSINESS LOANS.
The matter under the heading ``business loans program
account'' in chapter 2 of division B of the Department of
Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107-117) is amended by striking
``For emergency expenses'' and inserting the following: ``For
loan guarantee subsidies under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) or for emergency expenses''.
______
SA 130. Mr. CONRAD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 1032, strike line 21 and all that follows
through page 1041, line 13, and insert the following:
TITLE II--EMERGENCY AGRICULTURAL DISASTER ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Emergency Agricultural
Disaster Assistance Act of 2003''.
SEC. 202. CROP DISASTER ASSISTANCE.
(a) In General.--The Secretary of Agriculture (referred to
in this title as the ``Secretary'') shall use such sums as
are necessary, but not to exceed $2,250,000,000, of funds of
the Commodity Credit Corporation to make emergency financial
assistance authorized under this section available to
producers on a farm that have incurred qualifying crop losses
for the 2001 or 2002 crop, or both, due to damaging weather
or related condition, as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-55),
including using the same loss thresholds for the quantity and
quality losses as were used in administering that section.
(c) Crop Insurance.--In carrying out this section, the
Secretary shall not discriminate against or penalize
producers on a farm that have purchased crop insurance under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
SEC. 203. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall use such sums as are
necessary of funds of the Commodity Credit Corporation as are
necessary, but not to exceed $720,000,000, to make and
administer payments for livestock losses to producers for
2001 or 2002 losses, or both, in a county that has received a
corresponding emergency designation by the President or the
Secretary, of which an amount determined by the Secretary
shall be made available for the American Indian livestock
program under section 806 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(b) Administration.--The Secretary shall make assistance
available under this section in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549, 1549A-51).
SEC. 204. CROP AND PASTURE FLOOD COMPENSATION PROGRAM.
(a) Definition of Covered Land.--In this section:
(1) In general.--The term ``covered land'' means land
that--
(A) was unusable for agricultural production during the
2001 or 2002 crop year, or both, as the result of flooding;
(B) was used for agricultural production during at least 1
of the 1992 through 2000 crop years;
(C) is a contiguous parcel of land of at least 1 acre; and
(D) is located in a county in which producers were eligible
for assistance under the 1998 or 2000 Flood Compensation
Program established under part 1439 of title 7, Code of
Federal Regulations.
(2) Exclusions.--The term ``covered land'' excludes any
land for which a producer is insured, enrolled, or assisted
during the 2001 or 2002 crop year (as applicable) under--
(A) a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.);
(B) the noninsured crop assistance program operated under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333);
(C) any crop disaster program established for the 2001 or
2002 crop year (as applicable);
(D) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.);
(E) the wetlands reserve program established under
subchapter C of chapter 1 of subtitle D of the Food Security
Act of 1985 (16 U.S.C. 3837 et seq.);
(F) any emergency watershed protection program or Federal
easement program that prohibits crop production or grazing;
or
(G) any other Federal or State water storage program, as
determined by the Secretary.
(b) Compensation.--The Secretary shall use not more than
$12,000,000 of funds of the Commodity Credit Corporation to
compensate producers with covered land for losses on the
covered land from long-term flooding.
(c) Payment Rate.--The payment rate for compensation
provided to a producer under this section shall equal the
average county cash rental rate per acre established by the
National Agricultural Statistics Service for the 2001 or 2002
crop year (as applicable).
(d) Payment Limitation.--The total amount of payments made
to a person (as defined in section 1001(e) of the Food
Security
[[Page S1269]]
Act (7 U.S.C. 1308(e))) under this section may not exceed
$40,000.
SEC. 205. FUNDING.
Of the funds of the Commodity Credit Corporation, the
Secretary shall--
(1) use such sums as are necessary to carry out this title,
to remain available until expended; and
(2) transfer to the fund established by section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c), to remain available
until expended, an amount that does not exceed the greater
of--
(A) $250,000,000; or
(B) the amount equal to the amount of funds under section
32 of that Act that--
(i) were made available before the date of enactment of
this Act to provide assistance to livestock producers under
the 2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070); and
(ii) were not otherwise reimbursed from another account
used by the Secretary or the Commodity Credit Corporation.
SEC. 206. REGULATIONS.
______
SA 131. Mr. HARKIN (for himself, Mr. Durbin, Ms. Landrieu, and Mr.
Breaux) submitted an amendment intended to be proposed by him to the
joint resolution H.J. Res. 2, making further continuing appropriations
for the fiscal year 2003, and for other purposes; which was ordered to
lie on the table; as follows:
On page 170, line 1, strike ``$329,397,000,'' and insert
``$348,397,000, of which $19,000,000 (referred to in this
title as the `supplemental legal assistance amount') is to
provide supplemental funding for basic field programs, and
related administration, to ensure that no service area
(including a merged or reconfigured service area) receives
less funding under the Legal Services Corporation Act for
fiscal year 2003 than the area received for fiscal year 2002,
due to use of data from the 2000 Census, and''.
On page 183, after line 25, add the following:
Sec. __. The amount made available under each account in
this division, other than the accounts relating to the Legal
Services Corporation and the accounts contained in title III,
for travel expenses, supplies, and printing expenses shall be
reduced on a pro rata basis, so that the total of the
reductions equals $19,000,000.
______
SA 132. Mr. HARKIN (for himself, Mr. Feingold, and Mr. Dodd)
submitted an amendment intended to be proposed by him to the joint
resolution H.J. Res. 2, making further continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
Sec. __. None of the funds made available in this Act may
be used by the Secretary of the Treasury or his delegate to
issue any rule or regulation which implements the proposed
amendments to Internal Revenue Service regulations set forth
in REG-209500-86 and REG-164464-02, filed December 10, 2002,
or any amendments reaching results similar to such proposed
amendments.
______
SA 133. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 1037, strike line 18 and all that follows
through page 1039, line 9.
______
SA 134. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1036, strike lines 15 through 22 and insert the
following:
established by the Secretary for the Program; and
(2) effective beginning on the date of enactment
______
SA 135. Mr. TALENT (for himself, and Mr. Lugar) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. CORN.
Notwithstanding any other provision of law, the Secretary
of Agriculture shall consider the planting, prevented
planting, and production of corn used to produce popcorn as
the planting, prevented planting, and production of corn for
the purposes of determining base acres and payment yields for
direct and counter-cyclical payments under subtitle A of
title I of Public Law 107-171.
______
SA 136. Ms. Mikulski (for herself, Mr. Kennedy, Mr. Kerry, Mr.
Jeffords, and Mrs. Clinton) submitted an amendment intended to be
proposed by her to the joint resolution H.J. Res. 2, making further
continuing appropriations for the fiscal year 2003, and for other
purposes, which was ordered to lie on the table, as follows:
At the appropriate place in title II of division G, insert
the following:
Sec. __. (a) In General.--In addition to amounts otherwise
appropriated under this Act to carry out programs and
activities under title VIII of the Public Health Service Act,
there are appropriated an additional $20,000,000, to remain
available until expended, to carry out programs and
activities authorized under sections 831, 846, 846A, 851,
852, and 855 of such Act (as amended by the Nurse
Reinvestment Act (Public Law 107-205)).
(b) Offset.--Amounts made available under this division for
the administrative and related expenses for departmental
management shall be reduced on pro rata basis by $20,000,000.
______
SA 137. Mr. LIEBERMAN (for himself, Ms. Landrieu, Mr. Hollings, and
Mr. Graham of Florida) submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) Decreased Cost-Sharing Requirement.--Section 507(c) of
the Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 470a note) is amended--
(1) by striking ``(1) Except'' and inserting the following:
``(1) In general.--Except'';
(2) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(3) by striking ``(2) The Secretary'' and inserting the
following:
``(2) Waiver.--The Secretary'';
(4) by striking ``paragraph (1)'' and inserting
``paragraphs (1) and (3)''; and
(5) by adding at the end the following:
``(3) Exception.--The Secretary shall not obligate funds
made available under subsection (d)(2) for a grant with
respect to a building or structure listed on, or eligible for
listing on, the National Register of Historic Places unless
the grantee agrees to provide, from funds derived from non-
Federal sources, an amount that is equal to 30 percent of the
total cost of the project for which the grant is provided.''.
(b) Authorization of Appropriations.--Section 507(d) of the
Omnibus Parks and Public Lands Management Act of 1996 (16
U.S.C. 470a note) is amended--
(1) by striking ``Pursuant to'' and inserting the
following:
``(1) In general.--Under''; and
(2) by adding at the end the following:
``(2) Additional funding.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated from the Historic Preservation Fund to carry out
this section $10,000,000 for each of fiscal years 2003
through 2008.''.
______
SA 138. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriation for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1047, between lines 19 and 20, insert the
following:
Sec. 404. Section 136 of Public Law 107-229, as added by
section 5 of Public Law 107-240, is amended by striking ``60
days after the date specified in section 107(c) of Public Law
107-229, as amended'' and inserting ``September 30, 2003''.
______
SA 139. Mr. GRAHAM of Florida (for himself, Mr. Nelson of Florida,
and Mr. Voinovich) submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was
On page 271, between lines 10 and 11, insert the
following:
SEC. 1__. MODIFIED WATER DELIVERY PROJECT IN THE STATE OF
FLORIDA.
The Corps of Engineers, using funds made available for
modifications authorized by section 104 of the Everglades
National Park Protection and Expansion Act of 1989 (16 U.S.C.
410r-8), shall immediately carry out alternative 6D
(including paying 100 percent of the cost of acquiring land
or an interest in land) for the purpose of providing a flood
protection system for the 8.5 square mile area described in
the report entitled ``Central and South Florida Project,
Modified Water Deliveries to Everglades National Park,
Florida, 8.5 Square Mile Area, General Reevaluation Report
and Final Supplemental Environmental Impact Statement'' and
dated July 2000.
______
SA 140. Mr. REID (for himself, Mr. Wyden, Mr. Harkin, and Mr. Crapo)
[[Page S1270]]
submitted an amendment intended to be proposed by him to the joint
resolution H.J. Res. 2, making furthur continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
Sec. __. CDBG Funds.--(a) Not later than 30 days after the
date of enactment of this Act, funds made available for block
grants 1under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) for fiscal
year 2002 may not be withheld from any metropolitan city that
has satisfied the population criteria pursuant to the 2000
census and has satisfied all other required criteria,
including the metropolitan cities listed in subsection (b).
(b) The metropolitan cities listed in this subsection are--
(1) Ames, Iowa;
(2) Bend, Oregon;
(3) Carson City, Nevada; and
(4) Idaho Falls, Idaho.
______
SA 141. Mrs. MURRAY submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the bill, insert:
Sec. Sense of the Senate Regarding the Continuation of
Amtrak Service.--It is the Sense of the Senate that the
conferees on this joint resolution should approve the full
$1,200,000,000 included in the Senate version of this
resolution for Grants to the National Railroad Passenger
Corporation (Amtrak) so as to ensure the continuation of
passenger rail service along Amtrak's national passenger rail
network, including the Northeast Corridor, for the remainder
of the current fiscal year.
______
SA 142. Mr. REID submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. RESTORATION OF FISH, WILDLIFE, AND ASSOCIATED
HABITATS IN WATERSHEDS OF CERTAIN LAKES.
(a) In General.--In carrying out section 2507 of Public Law
107-171, the Secretary of the Interior, acting through the
Commissioner of Reclamation, shall--
(1) subject to paragraph (3), provide water and assistance
under that section only for the Pyramid, Summit, and Walker
Lakes in the State of Nevada;
(2) use $1,000,000 to provide a grant to the Walker River
Paiute Tribe for the creation of a fish hatchery at Walker
Lake; and
(3) use $2,000,000 to provide grants, to be divided
equally, to the State of Nevada, the State of California, the
Truckee Meadows Water Authority, and the Pyramid Lake Paiute
Tribe, to implement the Truckee River Operating Agreement.
(b) Restoration of Lakes.--Notwithstanding any other
provision of law, the Secretary of the Interior, acting
through the Commissioner of Reclamation, may take actions or
initiate programs that will provide additional water to
Pyramid, Summit, and Walker Lakes in the State of Nevada--
(1) to protect, restore, and enhance fish, wildlife, and
associated habitats of the Lakes; and
(2) to protect, restore, and enhance fish, wildlife, and
associated habitats in the watersheds of the Lakes if the
actions or programs will result in the restoration of the
Lakes.
(c) Administration.--The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide
financial assistance to State and local public agencies,
Indian tribes, nonprofit organizations, and individuals to
carry out this section and section 2507 of Public Law 107-
171.
______
SA 143. Mr. REID (for himself and Mr. Kyl) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. FEDERAL MILK MARKETING.
(a) Exemption of Milk Producers and Handlers From
Obligation to Pool Milk.--Section 8c(5) of the Agricultural
Adjustment Act (7 U.S.C. 608c(5)), reenacted with amendments
by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following:
``(M) Obligation of certain milk producers and handlers to
pool milk.--
``(i) Definition of covered producer or handler.--
``(I) In general.--In this subparagraph, the term `covered
producer or handler' means a producer-handler, producer
operating as a handler, or handler of Class I milk products--
``(aa) a plant of which is located within the boundaries of
a marketing area (as those boundaries are in effect as of the
date of enactment of this subparagraph) and covered by an
order issued pursuant to this paragraph;
``(bb) that has packaged fluid milk product dispositions,
or sales of packaged fluid milk products to other plants, in
a milk marketing area located in a State that enforces
minimum prices to handlers for milk purchases; and
``(cc) that is not otherwise obligated by an order under
this paragraph, or a regulated milk pricing plan operated by
a State, to pay minimum class prices for the raw milk
presented by those milk dispositions or sales.
``(II) Exclusions.--The term `covered producer or handler'
does not include--
``(aa) a handler that operates an exempt plant (as defined
in section 1000.8(e) of title 7, Code of Federal Regulations
(as in effect on the date of enactment of this
subparagraph)); or
``(bb) a producer-handler that has route dispositions, and
sales to other plants, of packaged fluid milk products
equaling less than 6,000,000 pounds of milk in any 30-day
period.**
``(ii) Requirement.--Notwithstanding any other provision of
this subsection and without limiting the authority of the
Secretary to otherwise regulate a noncovered producer or
handler, a covered producer or handler shall be subject to
all minimum price requirements of the Federal milk marketing
order in which the plant of the covered producer or handler
is located, at Federal order class prices for the county in
which the plant is located.''.
(b) Exemption of Milk Handlers From Minimum Price
Requirements.--Section 8c(5) of the Agricultural Adjustment
Act (7 U.S.C. 608c(5)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937 (as amended by
subsection (a)), is amended by adding at the end the
following:
``(N) Exemption of milk handlers from minimum price
requirements.--Notwithstanding any other provision of this
subsection, no handler with distribution of Class I milk
products in the Arizona-Las Vegas marketing area (Order No.
131) shall be exempt during any month from any minimum milk
price requirement established by the Secretary under this
subsection if the total distribution of Class I products
within the Arizona-Las Vegas marketing area of any handler's
own farm production exceeds the lesser of--
``(i) 3 percent of the total quantity of Class I products
distributed in the Arizona-Las Vegas marketing area (Order
No. 131); or
``(ii) 5,000,000 pounds.''.
(c) Exclusion of Nevada From Federal Milk Marketing
Orders.--
(1) In general.--Section 8c(11)(C) the Agricultural
Adjustment Act (7 U.S.C. 608c(11)(C)), reenacted with
amendments by the Agricultural Marketing Agreement Act of
1937, is amended by striking the last sentence and inserting
the following: ``In the case of milk and its products, no
county located within the State of Nevada shall be within a
marketing area defined in any order issued under this
section.''.
(2) Informal rulemaking.--The Secretary of Agriculture may
modify an order issued under section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with amendments by
the Agricultural Marketing Agreement Act of 1937, to
implement the amendment made by paragraph (1) by promulgating
regulations, without regard to sections 556 and 557 of title
5, United States Code.
______
SA 144. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 311, line 7, before the period at the end insert
the following: ``Provided further, That, notwithstanding any
other provision of law, the funds under this heading that are
available for efforts relating to the treatment and
prevention of HIV/AIDS shall also include family preservation
efforts carried out through programs and initiatives that are
designed to maintain and preserve the families of those
persons afflicted with HIV/AIDS and to reduce the numbers of
orphans created by HIV/AIDS''.
______
SA 145. Ms. SNOWE submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows;
On page 1047, between lines 19 and 20, insert the
following:
Sec. 404. (a) Extending Availability of SCHIP Allotments
for Fiscal Years 1998 Through 2001.--
(1) Retained and redistributed allotments for fiscal years
1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of
section 2104(g) of the Social Security Act (42 U.S.C.
1397dd(g)) are each amended by striking ``fiscal year 2002''
and inserting ``fiscal year 2004''.
(2) Extension and revision of retained and redistributed
allotments for fiscal year 2000.--
[[Page S1271]]
(A) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g)
is amended--
(i) in the heading, by striking ``and 1999'' and inserting
``through 2000''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iii) Fiscal year 2000 allotment.--Of the amounts
allotted to a State pursuant to this section for fiscal year
2000 that were not expended by the State by the end of fiscal
year 2002, 50 percent of that amount shall remain available
for expenditure by the State through the end of fiscal year
2004.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--
(i) in subparagraph (A), by inserting ``or for fiscal year
2000 by the end of fiscal year 2002,'' after ``fiscal year
2001,'';
(ii) in subparagraph (A), by striking ``1998 or 1999'' and
inserting ``1998, 1999, or 2000'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause (I),
(II) by striking the period at the end of subclause (II)
and inserting ``; or''; and
(III) by adding at the end the following new subclause:
``(III) the fiscal year 2000 allotment, the amount
specified in subparagraph (C)(i) (less the total of the
amounts under clause (ii) for such fiscal year), multiplied
by the ratio of the amount specified in subparagraph (C)(ii)
for the State to the amount specified in subparagraph
(C)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 1999'' and
inserting ``, 1999, or 2000'';
(v) in subparagraph (B), by striking ``with respect to
fiscal year 1998 or 1999'';
(vi) in subparagraph (B)(ii)--
(I) by inserting ``with respect to fiscal year 1998, 1999,
or 2000,'' after ``subsection (e),''; and
(II) by striking ``2002'' and inserting ``2004''; and
(vii) by adding at the end the following new subparagraph:
``(C) Amounts used in computing redistributions for fiscal
year 2000.--For purposes of subparagraph (A)(i)(III)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2000,
less the total amount remaining available pursuant to
paragraph (2)(A)(iii);
``(ii) the amount specified in this clause for a State is
the amount by which the State's expenditures under this title
in fiscal years 2000, 2001, and 2002 exceed the State's
allotment for fiscal year 2000 under subsection (b); and
``(iii) the amount specified in this clause is the sum, for
all States entitled to a redistribution under subparagraph
(A) from the allotments for fiscal year 2000, of the amounts
specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 1999'' and inserting
``, 1999, and 2000''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 1999'' and inserting ``,
fiscal year 1999, or fiscal year 2000''; and
(II) by striking ``or November 30, 2001'' and inserting
``November 30, 2001, or November 30, 2002'', respectively.
(3) Extension and revision of retained and redistributed
allotments for fiscal year 2001.--
(A) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g),
as amended in paragraph (2)(A)(ii), is further amended--
(i) in the heading, by striking ``2000'' and inserting
``2001''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iv) Fiscal year 2001 allotment.--Of the amounts allotted
to a State pursuant to this section for fiscal year 2001 that
were not expended by the State by the end of fiscal year
2003, 50 percent of that amount shall remain available for
expenditure by the State through the end of fiscal year
2005.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in paragraph (2)(B), is further
amended--
(i) in subparagraph (A), by inserting ``or for fiscal year
2001 by the end of fiscal year 2003,'' after ``fiscal year
2002,'';
(ii) in subparagraph (A), by striking ``1999, or 2000'' and
inserting ``1999, 2000, or 2001'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause (II),
(II) by striking the period at the end of subclause (III)
and inserting ``; or''; and
(III) by adding at the end the following new subclause:
``(IV) the fiscal year 2001 allotment, the amount specified
in subparagraph (D)(i) (less the total of the amounts under
clause (ii) for such fiscal year), multiplied by the ratio of
the amount specified in subparagraph (D)(ii) for the State to
the amount specified in subparagraph (D)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 2000'' and
inserting ``2000, or 2001'';
(v) in subparagraph (B)--
(I) by striking ``and'' at the end of clause (ii);
(II) by redesignating clause (iii) as clause (iv); and
(III) by inserting after clause (ii) the following new
clause:
``(iii) notwithstanding subsection (e), with respect to
fiscal year 2001, shall remain available for expenditure by
the State through the end of fiscal year 2005; and''; and
(vi) by adding at the end the following new subparagraph:
``(D) Amounts used in computing redistributions for fiscal
year 2001.--For purposes of subparagraph (A)(i)(IV)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2001,
less the total amount remaining available pursuant to
paragraph (2)(A)(iv);
``(ii) the amount specified in this clause for a State is
the amount by which the State's expenditures under this title
in fiscal years 2001, 2002, and 2003 exceed the State's
allotment for fiscal year 2001 under subsection (b); and
``(iii) the amount specified in this clause is the sum, for
all States entitled to a redistribution under subparagraph
(A) from the allotments for fiscal year 2001, of the amounts
specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 2000'' and inserting
``2000, and 2001''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 2000'' and inserting
``fiscal year 2000, or fiscal year 2001''; and
(II) by striking ``or November 30, 2002,'' and inserting
``November 30, 2002, or November 30, 2003,'', respectively.
(4) Effective date.--This subsection, and the amendments
made by this subsection, shall be effective as if this
subsection had been enacted on September 30, 2002, and
amounts under title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.) from allotments for fiscal years 1998 through
2000 are available for expenditure on and after October 1,
2002, under the amendments made by this subsection as if this
subsection had been enacted on September 30, 2002.
(b) Authority for Qualifying States To Use Portion of SCHIP
Funds for Medicaid Expenditures.--Section 2105 of the Social
Security Act (42 U.S.C. 1397ee) is amended by adding at the
end the following:
``(g) Authority for Qualifying States To Use Certain Funds
for Medicaid Expenditures.--
``(1) State option.--
``(A) In general.--Notwithstanding any other provision of
law, with respect to allotments for fiscal years 1998, 1999,
2000, 2001, for fiscal years in which such allotments are
available under subsections (e) and (g) of section 2104, a
qualifying State (as defined in paragraph (2)) may elect to
use not more than 20 percent of such allotments (instead of
for expenditures under this title) for payments for such
fiscal year under title XIX in accordance with subparagraph
(B).
``(B) Payments to states.--
``(i) In general.--In the case of a qualifying State that
has elected the option described in subparagraph (A), subject
to the total amount of funds described with respect to the
State in subparagraph (A), the Secretary shall pay the State
an amount each quarter equal to the additional amount that
would have been paid to the State under title XIX for
expenditures of the State for the fiscal year described in
clause (ii) if the enhanced FMAP (as determined under
subsection (b)) had been substituted for the Federal medical
assistance percentage (as defined in section 1905(b)) of such
expenditures.
``(ii) Expenditures described.--For purposes of clause (i),
the expenditures described in this clause are expenditures
for such fiscal years for providing medical assistance under
title XIX to individuals who have not attained age 19 and
whose family income exceeds 150 percent of the poverty line.
``(2) Qualifying state.--In this subsection, the term
`qualifying State' means a State that--
``(A) as of April 15, 1997, has an income eligibility
standard with respect to any 1 or more categories of children
(other than infants) who are eligible for medical assistance
under section 1902(a)(10)(A) or under a waiver under section
1115 implemented on January 1, 1994, that is up to 185
percent of the poverty line or above; and
``(B) satisfies the requirements described in paragraph
(3).
``(3) Requirements.--The requirements described in this
paragraph are the following:
``(A) SCHIP income eligibility.--The State has a State
child health plan that (whether implemented under title XIX
or this title)--
``(i) as of January 1, 2001, has an income eligibility
standard that is at least 200 percent of the poverty line or
has an income eligibility standard that exceeds 200 percent
of the poverty line under a waiver under section 1115 that is
based on a child's lack of health insurance;
``(ii) subject to subparagraph (B), does not limit the
acceptance of applications for children; and
``(iii) provides benefits to all children in the State who
apply for and meet eligibility standards on a statewide
basis.
``(B) No waiting list imposed.--With respect to children
whose family income is at or below 200 percent of the poverty
line, the State does not impose any numerical limitation,
waiting list, or similar limitation on the eligibility of
such children for child health assistance under such State
plan.
``(C) Additional requirements.--The State has implemented
at least 4 of the following policies and procedures (relating
to coverage of children under title XIX and this title):
[[Page S1272]]
``(i) Uniform, simplified application form.--With respect
to children who are eligible for medical assistance under
section 1902(a)(10)(A), the State uses the same uniform,
simplified application form (including, if applicable,
permitting application other than in person) for purposes of
establishing eligibility for benefits under title XIX and
this title.
``(ii) Elimination of asset test.--The State does not apply
any asset test for eligibility under section 1902(l) or this
title with respect to children.
``(iii) Adoption of 12-month continuous enrollment.--The
State provides that eligibility shall not be regularly
redetermined more often than once every year under this title
or for children described in section 1902(a)(10)(A).
``(iv) Same verification and redetermination policies;
automatic reassessment of eligibility.--With respect to
children who are eligible for medical assistance under
section 1902(a)(10)(A), the State provides for initial
eligibility determinations and redeterminations of
eligibility using the same verification policies (including
with respect to face-to-face interviews), forms, and
frequency as the State uses for such purposes under this
title, and, as part of such redeterminations, provides for
the automatic reassessment of the eligibility of such
children for assistance under title XIX and this title.
``(v) Outstationing enrollment staff.--The State provides
for the receipt and initial processing of applications for
benefits under this title and for children under title XIX at
facilities defined as disproportionate share hospitals under
section 1923(a)(1)(A) and Federally-qualified health centers
described in section 1905(l)(2)(B) consistent with section
1902(a)(55).''.
______
SA 146. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 720, beginning in line 5, strike ``Provided
further, That none of the funds provided in this Act shall be
available to compensate in excess of 37 active duty flag
officer billets:''.
______
SA 147. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 136, beginning with line 10, strike through line
22.
______
SA 148. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 126, beginning with line 8, strike through line 12.
______
SA 149. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 137, beginning with line 11, strike through line
15.
______
SA 150. Ms. MURKOWSKI (for herself and Mr. Stevens) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 432, line 10 after ``expended:'' insert the
following:
``Provided, That subsection (t) of P.L. 93-153 is amended
hereinafter in the first sentence by inserting ``or renew or
extend'' before ``any'' the first place it appears and by
inserting ``on or'' before ``before:''.
______
SA 151. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the bill insert the following
new section:
``SEC. . CLARIFICATION OF ALASKA NATIVE SETTLEMENT TRUSTS.
``(A) Section of P.L. (43 U.S.C. 1629b) is amended:
``(1) at subsection (d)(1) by striking ``An'' and inserting
in its place ``Except as otherwise set forth in subsection
(d)(3) of this section, an'';
``(2) by creating the following new subsection:
``(d)(3) A resolution described in subsection (a)(3) of
this section shall be considered to be approved by the
shareholders of a Native Corporation if it receives the
affirmative vote of shares representing--
``(A) a majority of the shares present or represented by
proxy at the meeting relating to such resolution, or
``(B) an amount of shares greater than a majority of the
shares present or represented by proxy at the meeting
relating to such resolution (but not greater than two-thirds
of the total voting power of the corporation) if the
corporation establishes such a level by an amendment to its
articles of incorporation.'';
``(3) by creating the following new subsection:
``(f) Substantially all of the assets. For purposes of this
section and section 1629e of this title, a Native Corporation
shall be considered to be transferring all or substantially
all of its assets to a Settlement Trust only if such assets
represent two-thirds or more of the fair market value of the
Native Corporation's total assets.
``(B) Section of P.L. (43 U.S.C. 1629e) is amended by
striking subsection (B) and inserting in its place the
following:
``(B) shall give rise to dissenters rights to the extent
provided under the laws of the State only if:
``(i) the rights of beneficiaries in the Settlement Trust
receiving a conveyance are inalienable; and
``(ii) a shareholder vote on such transfer is required by
(a)(4) of section 1629b of this title.''
______
SA 152. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1026, after line 22, add the following:
Sec. . Of the total amount appropriated under title IV of
the Department of Defense Appropriations Act, 2003 (Public
Law 107-248) for Ballistic Missile Defense Technology,
$4,000,000 shall be available for a Phase III Small Business
Innovation Research (SBIR) program that is based on the
Missile Defense Agency's Phase II Small Business Innovation
Research (SBIR) program for the use of an open atmosphere
vapor deposition process for frequency adaptive electronics
and high-density memory storage.
______
SA 153. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the followimg:
DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT
SEC. __. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Federal Workforce Flexibility Act of 2003''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT
Sec. __. Short title; table of contents.
TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS
Sec. 101. Streamlined personnel management demonstration projects.
Sec. 102. Effective date.
TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 201. Recruitment, relocation, and retention bonuses.
Sec. 202. Streamlined critical pay authority.
TITLE III--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
Sec. 301. Agency training.
Sec. 302. Annual leave enhancements.
TITLE I--FEDERAL HUMAN RESOURCES MANAGEMENT INNOVATIONS
SEC. 101. STREAMLINED PERSONNEL MANAGEMENT DEMONSTRATION
PROJECTS.
Chapter 47 of title 5, United States Code, is amended--
(1) in section 4701--
(A) in subsection (a)--
(i) by striking ``(a)'';
(ii) by striking paragraph (1) and inserting the following:
``(1) `agency' means an Executive agency and any entity
that is subject to any provision of this title that could be
waived under section 4703, but does not include--
``(A) the Federal Bureau of Investigation, the Central
Intelligence Agency, the Defense Intelligence Agency, the
National Imagery and Mapping Agency, the National Security
Agency, and, as determined by the President, any Executive
agency or unit thereof which is designated by the President
and which has as its principal function the conduct of
foreign intelligence or counterintelligence activities; or
``(B) the General Accounting Office;'';
(iii) in paragraph (4), by striking ``and'' at the end;
(iv) by redesignating paragraph (5) as paragraph (6); and
(v) by inserting after paragraph (4) the following:
``(5) `modification' means a significant change in 1 or
more of the elements of a demonstration project plan as
described in section 4703(b)(1); and''; and
(B) by striking subsection (b); and
[[Page S1273]]
(2) in section 4703--
(A) in subsection (a)--
(i) by striking ``conduct and evaluate demonstration
projects'' and inserting ``conduct, modify, and evaluate
demonstration projects'';
(ii) by striking ``, including any law or regulation
relating to--'' and all that follows and inserting a period;
and
(iii) by adding at the end the following: ``The decision to
initiate or modify a project under this section shall be made
by the Office.'';
(B) by striking subsection (b) and inserting the following:
``(b) Before conducting or entering into any agreement or
contract to conduct a demonstration project, the Office shall
ensure--
``(1) that each project has a plan which describes--
``(A) its purpose;
``(B) the employees to be covered;
``(C) its anticipated outcomes and resource implications,
including how the project relates to carrying out the
agency's strategic plan, including meeting performance goals
and objectives, and accomplishing its mission;
``(D) the personnel policies and procedures the project
will use that differ from those otherwise available and
applicable, including a specific citation of any provisions
of law, rule, or regulation to be waived and a specific
description of any contemplated action for which there is a
lack of specific authority;
``(E) the method of evaluating the project; and
``(F) the agency's system for ensuring that the project is
implemented in a manner consistent with merit system
principles;
``(2) notification of the proposed project to employees who
are likely to be affected by the project;
``(3) an appropriate comment period;
``(4) publication of the final plan in the Federal
Register;
``(5) notification of the final project at least 90 days in
advance of the date any project proposed under this section
is to take effect to employees who are likely to be affected
by the project;
``(6) publication of any subsequent modification in the
Federal Register; and
``(7) notification of any subsequent modification to
employees who are included in the project.'';
(C) in subsection (c)--
(i) by striking paragraph (1) and inserting the following:
``(1) any provision of chapter 63 or subpart G of part III
of this title;'';
(ii) by redesignating paragraphs (4) and (5) as paragraphs
(6) and (7), respectively;
(iii) by inserting after paragraph (3) the following:
``(4) section 7342, 7351, or 7353;
``(5) the Ethics in Government Act of 1978 (5 U.S.C.
App.);''; and
(iv) in paragraph (6) as redesignated, by striking
``paragraph (1), (2), or (3) of this subsection; or'' and
inserting ``paragraphs (1) through (5);'';
(D) by striking subsections (d) and (e) and inserting the
following:
``(d)(1) Unless terminated at an earlier date in accordance
with this section, each demonstration project shall terminate
at the end of the 10-year period beginning on the date on
which the project takes effect.
``(2) Before the end of the 5-year period beginning on the
date on which a demonstration project takes effect, the
Office shall submit a recommendation to Congress on whether
Congress should enact legislation to make that project
permanent.
``(e) The Office may terminate a demonstration project
under this chapter if the Office determines that the
project--
``(1) is not consistent with merit system principles set
forth in section 2301, veterans' preference principles, or
the provisions of this chapter; or
``(2) otherwise imposes a substantial hardship on, or is
not in the best interests of, the public, the Government,
employees, or eligibles.''; and
(E) by striking subsections (h) and (i) and inserting the
following:
``(h) Notwithstanding section 2302(e)(1), for purposes of
applying section 2302(b)(11) in a demonstration project under
this chapter, the term `veterans' preference requirement'
means any of the specific provisions of the demonstration
project plan that are designed to ensure that the project is
consistent with veterans' preference principles.
``(i) The Office shall ensure that each demonstration
project is evaluated. Each evaluation shall assess--
``(1) the project's compliance with the plan developed
under subsection (b)(1); and
``(2) the project's impact on improving public management.
``(j) Upon request of the Director of the Office of
Personnel Management, agencies shall cooperate with and
assist the Office in any evaluation undertaken under
subsection (i) and provide the Office with requested
information and reports relating to the conducting of
demonstration projects in their respective agencies.''.
SEC. 102. EFFECTIVE DATE.
This title shall take effect 180 days after the date of
enactment of this Act.
TITLE II--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 201. RECRUITMENT, RELOCATION, AND RETENTION BONUSES.
(a) Bonuses.--
(1) In general.--Chapter 57 of title 5, United States Code,
is amended by striking sections 5753 and 5754 and inserting
the following:
``Sec. 5753. Recruitment and relocation bonuses
``(a) In this section, the term `employee' has the meaning
given that term under section 2105, except that such term
also includes an employee described under subsection (c) of
that section.
``(b)(1) The Office of Personnel Management may authorize
the head of an agency to pay a bonus to an individual
appointed or moved to a position that is likely to be
difficult to fill in the absence of such a bonus, if the
individual--
``(A)(i) is newly appointed as an employee of the Federal
Government; or
``(ii) is currently employed by the Federal Government and
moves to a new position in the same geographic area under
circumstances described in regulations of the Office; or
``(B) is currently employed by the Federal Government and
must relocate to accept a position stationed in a different
geographic area.
``(2) Except as provided by subsection (h), a bonus may be
paid under this section only to an employee covered by the
General Schedule pay system established under subchapter III
of chapter 53.
``(c)(1) Payment of a bonus under this section shall be
contingent upon the employee entering into a written service
agreement to complete a period of employment with the agency,
not to exceed 4 years. The Office may, by regulation,
prescribe a minimum service.
``(2)(A) The agreement shall include--
``(i) the length of the required service period;
``(ii) the amount of the bonus;
``(iii) the method of payment; and
``(iv) other terms and conditions under which the bonus is
payable, subject to subsections (d) and (e) and regulations
of the Office.
``(B) The terms and conditions for paying a bonus, as
specified in the service agreement, shall include--
``(i) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(ii) the effect of the termination.
``(3) The agreement shall be made effective upon employment
with the agency or movement to a new position or geographic
area, as applicable, except that a service agreement with
respect to a recruitment bonus may be made effective at a
later date under circumstances described in regulations of
the Office, such as when there is an initial period of formal
basic training.
``(d)(1) Except as provided in subsection (e), a bonus
under this section shall not exceed 25 percent of the annual
rate of basic pay of the employee at the beginning of the
service period multiplied by the number of years (or
fractions thereof) in the service period, not to exceed 4
years.
``(2) A bonus under this section may be paid as an initial
lump sum, in installments, as a final lump sum upon the
completion of the full service period, or in a combination of
these forms of payment.
``(3) A bonus under this section is not part of the basic
pay of an employee for any purpose.
``(4) Under regulations of the Office, a recruitment bonus
under this section may be paid to an eligible individual
before that individual enters on duty.
``(e) The Office may authorize the head of an agency to
waive the limitation under subsection (d)(1) based on a
critical agency need, subject to regulations prescribed by
the Office. Under such a waiver, the amount of the bonus may
be up to 50 percent of the employee's annual rate of basic
pay at the beginning of the service period multiplied by the
number of years (or fractions thereof) in the service period,
not to exceed 100 percent of the employee's annual rate of
basic pay at the beginning of the service period.
``(f) The Office shall require that, before paying a bonus
under this section, an agency shall establish a plan for
paying recruitment bonuses and a plan for paying relocation
bonuses, subject to regulations prescribed by the Office.
``(g) The Office may prescribe regulations to carry out
this section, including regulations relating to the repayment
of a recruitment or relocation bonus in appropriate
circumstances when the agreed-upon service period has not
been completed.
``(h)(1) At the request of the head of an Executive agency,
the Office may extend coverage under this section to
categories of employees within the agency who otherwise would
not be covered by this section.
``(2) The Office shall not extend coverage to the head of
an Executive agency, including an Executive agency headed by
a board or other collegial body composed of 2 or more
individual members.
``Sec. 5754. Retention bonuses
``(a) In this section, the term `employee' has the meaning
given that term under section 2105, except that such term
also includes an employee described in subsection (c) of that
section.
``(b) The Office of Personnel Management may authorize the
head of an agency to pay a retention bonus to an employee,
subject to regulations prescribed by the Office, if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the
[[Page S1274]]
agency for the employee's services makes it essential to
retain the employee; and
``(2) the agency determines that, in the absence of a
retention bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal service under
conditions described in regulations of the Office.
``(c) The Office may authorize the head of an agency to pay
retention bonuses to a group of employees in 1 or more
categories of positions in 1 or more geographic areas,
subject to the requirements of subsection (b)(1) and
regulations prescribed by the Office, if there is a high risk
that a significant portion of employees in the group would be
likely to leave in the absence of retention bonuses.
``(d) Except as provided in subsection (j), a bonus may be
paid only to an employee covered by the General Schedule pay
system established under subchapter III of chapter 53.
``(e)(1) Payment of a retention bonus is contingent upon
the employee entering into a written service agreement with
the agency to complete a period of employment with the
agency.
``(2)(A) The agreement shall include--
``(i) the length of the required service period;
``(ii) the amount of the bonus;
``(iii) the method of payment; and
``(iv) other terms and conditions under which the bonus is
payable, subject to subsections (f) and (g) and regulations
of the Office.
``(B) The terms and conditions for paying a bonus, as
specified in the service agreement, shall include--
``(i) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(ii) the effect of the termination.
``(3)(A) Notwithstanding paragraph (1), a written service
agreement is not required if the agency pays a retention
bonus in biweekly installments and sets the installment
payment at the full bonus percentage rate established for the
employee with no portion of the bonus deferred.
``(B) If an agency pays a retention bonus in accordance
with subparagraph (A) and makes a determination to terminate
the payments, the agency shall provide written notice to the
employee of that determination. Except as provided in
regulations of the Office, the employee shall continue to be
paid the retention bonus through the end of the pay period in
which such written notice is provided.
``(4) A retention bonus for an employee may not be based on
any period of such service which is the basis for a
recruitment or relocation bonus under section 5753.
``(f)(1) Except as provided in subsection (g), a retention
bonus, which shall be stated as a percentage of the
employee's basic pay for the service period associated with
the bonus, may not exceed--
``(A) 25 percent of the employee's basic pay if paid under
subsection (b); or
``(B) 10 percent of an employee's basic pay if paid under
subsection (c).
``(2) A retention bonus may be paid to an employee in
installments after completion of specified periods of service
or in a single lump sum at the end of the full period of
service required by the agreement. An installment payment may
not exceed the product derived from multiplying the amount of
basic pay earned in the installment period by a percentage
not to exceed the bonus percentage rate established for the
employee. If the installment payment percentage is less than
the bonus percentage rate, the accrued but unpaid portion of
the bonus is payable as part of the final installment payment
to the employee after completion of the full service period
under the terms of the service agreement.
``(3) A retention bonus is not part of the basic pay of an
employee for any purpose.
``(g) Upon the request of the head of an agency, the Office
may waive the limit established under subsection (f)(1) and
permit the agency head to pay an otherwise eligible employee
or category of employees retention bonuses of up to 50
percent of basic pay, based on a critical agency need.
``(h) The Office shall require that, before paying a bonus
under this section, an agency shall establish a plan for
paying retention bonuses, subject to regulations prescribed
by the Office.
``(i) The Office may prescribe regulations to carry out
this section.
``(j)(1) At the request of the head of an Executive agency,
the Office may extend coverage under this section to
categories of employees within the agency who otherwise would
not be covered by this section.
``(2) The Office shall not extend coverage under this
section to the head of an Executive agency, including an
Executive agency headed by a board or other collegial body
composed of 2 or more individual members.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5754 and
inserting the following:
``5754. Retention bonuses.''.
(b) Relocation Payments.--Section 407 of the Federal
Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note;
104 Stat. 1467) is repealed.
(c) Effective Date and Application.--
(1) Effective date.--Except as provided under paragraphs
(2) and (3), this section shall take effect on the first day
of the first applicable pay period beginning on or after 180
days after the date of enactment of this Act.
(2) Application to agreements.--A recruitment or relocation
bonus service agreement that was authorized under section
5753 of title 5, United States Code, before the effective
date under paragraph (1) shall continue, until its
expiration, to be subject to section 5753 as in effect on the
day before such effective date.
(3) Application to allowances.--Payment of a retention
allowance that was authorized under section 5754 of title 5,
United States Code, before the effective date under paragraph
(1) shall continue, subject to section 5754 as in effect on
the day before such effective date, until the retention
allowance is reauthorized or terminated (but no longer than 1
year after such effective date).
SEC. 202. STREAMLINED CRITICAL PAY AUTHORITY.
Section 5377 of title 5, United States Code, is amended--
(1) by striking subsection (c) and inserting the following:
``(c) The Office of Personnel Management, in consultation
with the Office of Management and Budget, may, upon the
request of the head of an agency, grant authority to fix the
rate of basic pay for 1 or more positions in such agency in
accordance with this section.'';
(2) in subsection (e)(1), by striking ``Office of
Management and Budget'' and inserting ``Office of Personnel
Management'';
(3) by striking subsections (f) and (g) and inserting the
following:
``(f) The Office of Personnel Management may not authorize
the exercise of authority under this section with respect to
more than 800 positions at any 1 time, of which not more than
30 may, at any such time, be positions the rate of basic pay
for which would otherwise be determined under subchapter II.
``(g) The Office of Personnel Management shall consult with
the Office of Management and Budget before making any
decision to grant or terminate any authority under this
section.''; and
(4) in subsection (h), by striking ``The Office of
Management and Budget shall report to the Committee on Post
Office and Civil Service'' and inserting ``The Office of
Personnel Management shall report to the Committee on
Government Reform.''.
TITLE III--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
SEC. 301. AGENCY TRAINING.
(a) Training To Accomplish Performance Plans and Strategic
Goals.--Section 4103 of title 5, United States Code, is
amended by adding at the end the following:
``(c) The head of each agency shall--
``(1) evaluate each program or plan established, operated,
or maintained under subsection (a) with respect to
accomplishing specific performance plans and strategic goals
in performing the agency mission; and
``(2) modify such program or plan to accomplish such plans
and goals.''.
(b) Agency Training Officer; Specific Training Programs.--
(1) In general.--Chapter 41 of title 5, United States Code,
is amended by adding after section 4119 the following:
``Sec. 4120. Agency training officer
``Each agency shall appoint or designate a training officer
who shall be responsible for developing, coordinating, and
administering training for the agency.
``Sec. 4121. Specific training programs
``In consultation with the Office of Personnel Management,
each head of an agency shall establish--
``(1) a comprehensive management succession program to
provide training to employees to develop managers for the
agency; and
``(2) a program to provide training to managers on actions,
options, and strategies a manager may use in--
``(A) relating to employees with unacceptable performances;
and
``(B) mentoring employees and improving employee
performance and productivity.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by adding at the end the following:
``4120. Agency training officer.
``4121. Specific training programs.''.
SEC. 302. ANNUAL LEAVE ENHANCEMENTS.
(a) Accrual of Leave for Newly Hired Federal Employees With
Qualified Experience.--
(1) In general.--Section 6303 of title 5, United States
Code, is amended by adding at the end the following:
``(e)(1) In this subsection, the term `period of qualified
non-Federal service' means any equal period of service
performed by an individual that--
``(A) except for this subsection would not otherwise be
service performed by an employee for purposes of subsection
(a); and
``(B) was performed in a position--
``(i) the duties of which were directly related to the
duties of the position in an agency that such individual
holds; and
``(ii) which meets such other conditions as the Office of
Personnel Management shall prescribe by regulation.
``(2) For purposes of subsection (a), the head of an agency
may deem a period of qualified non-Federal service performed
by an individual to be a period of service performed as an
employee.''.
(2) Effective date.--This section shall take effect 120
days after the date of enactment of this Act and shall only
apply to an individual hired on or after that effective date.
[[Page S1275]]
(b) Senior Executive Service Annual Leave Enhancements.--
(1) In general.--Section 6303(a) of title 5, United States
Code, is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding after paragraph (3) the following:
``(4) one day for each full biweekly pay period for an
employee in a position paid under section 5376 or 5383, or
for an employee in an equivalent category for which the
minimum rate of basic pay is greater than the rate payable at
GS-15, step 10.''.
(2) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out the amendments made
by this subsection.
(3) Effective dates.--
(A) In general.--Paragraph (1) shall take effect 120 days
after the date of enactment of this Act.
(B) Regulations.--Paragraph (2) shall take effect on the
date of enactment of this Act.
______
SA 154. Mr. VOINOVICH submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the followimg:
DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT
SEC. __. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Federal Workforce Flexibility Act of 2003''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION __--REFORM RELATING TO FEDERAL EMPLOYMENT
Sec. __. Short title; table of contents.
TITLE I--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
Sec. 101. Recruitment, relocation, and retention bonuses.
Sec. 102. Streamlined critical pay authority.
TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
Sec. 201. Agency training.
Sec. 202. Annual leave enhancements.
TITLE I--REFORMS RELATING TO FEDERAL HUMAN CAPITAL MANAGEMENT
SEC. 101. RECRUITMENT, RELOCATION, AND RETENTION BONUSES.
(a) Bonuses.--
(1) In general.--Chapter 57 of title 5, United States Code,
is amended by striking sections 5753 and 5754 and inserting
the following:
``Sec. 5753. Recruitment and relocation bonuses
``(a) In this section, the term `employee' has the meaning
given that term under section 2105, except that such term
also includes an employee described under subsection (c) of
that section.
``(b)(1) The Office of Personnel Management may authorize
the head of an agency to pay a bonus to an individual
appointed or moved to a position that is likely to be
difficult to fill in the absence of such a bonus, if the
individual--
``(A)(i) is newly appointed as an employee of the Federal
Government; or
``(ii) is currently employed by the Federal Government and
moves to a new position in the same geographic area under
circumstances described in regulations of the Office; or
``(B) is currently employed by the Federal Government and
must relocate to accept a position stationed in a different
geographic area.
``(2) Except as provided by subsection (h), a bonus may be
paid under this section only to an employee covered by the
General Schedule pay system established under subchapter III
of chapter 53.
``(c)(1) Payment of a bonus under this section shall be
contingent upon the employee entering into a written service
agreement to complete a period of employment with the agency,
not to exceed 4 years. The Office may, by regulation,
prescribe a minimum service.
``(2)(A) The agreement shall include--
``(i) the length of the required service period;
``(ii) the amount of the bonus;
``(iii) the method of payment; and
``(iv) other terms and conditions under which the bonus is
payable, subject to subsections (d) and (e) and regulations
of the Office.
``(B) The terms and conditions for paying a bonus, as
specified in the service agreement, shall include--
``(i) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(ii) the effect of the termination.
``(3) The agreement shall be made effective upon employment
with the agency or movement to a new position or geographic
area, as applicable, except that a service agreement with
respect to a recruitment bonus may be made effective at a
later date under circumstances described in regulations of
the Office, such as when there is an initial period of formal
basic training.
``(d)(1) Except as provided in subsection (e), a bonus
under this section shall not exceed 25 percent of the annual
rate of basic pay of the employee at the beginning of the
service period multiplied by the number of years (or
fractions thereof) in the service period, not to exceed 4
years.
``(2) A bonus under this section may be paid as an initial
lump sum, in installments, as a final lump sum upon the
completion of the full service period, or in a combination of
these forms of payment.
``(3) A bonus under this section is not part of the basic
pay of an employee for any purpose.
``(4) Under regulations of the Office, a recruitment bonus
under this section may be paid to an eligible individual
before that individual enters on duty.
``(e) The Office may authorize the head of an agency to
waive the limitation under subsection (d)(1) based on a
critical agency need, subject to regulations prescribed by
the Office. Under such a waiver, the amount of the bonus may
be up to 50 percent of the employee's annual rate of basic
pay at the beginning of the service period multiplied by the
number of years (or fractions thereof) in the service period,
not to exceed 100 percent of the employee's annual rate of
basic pay at the beginning of the service period.
``(f) The Office shall require that, before paying a bonus
under this section, an agency shall establish a plan for
paying recruitment bonuses and a plan for paying relocation
bonuses, subject to regulations prescribed by the Office.
``(g) The Office may prescribe regulations to carry out
this section, including regulations relating to the repayment
of a recruitment or relocation bonus in appropriate
circumstances when the agreed-upon service period has not
been completed.
``(h)(1) At the request of the head of an Executive agency,
the Office may extend coverage under this section to
categories of employees within the agency who otherwise would
not be covered by this section.
``(2) The Office shall not extend coverage to the head of
an Executive agency, including an Executive agency headed by
a board or other collegial body composed of 2 or more
individual members.
``Sec. 5754. Retention bonuses
``(a) In this section, the term `employee' has the meaning
given that term under section 2105, except that such term
also includes an employee described in subsection (c) of that
section.
``(b) The Office of Personnel Management may authorize the
head of an agency to pay a retention bonus to an employee,
subject to regulations prescribed by the Office, if--
``(1) the unusually high or unique qualifications of the
employee or a special need of the agency for the employee's
services makes it essential to retain the employee; and
``(2) the agency determines that, in the absence of a
retention bonus, the employee would be likely to leave--
``(A) the Federal service; or
``(B) for a different position in the Federal service under
conditions described in regulations of the Office.
``(c) The Office may authorize the head of an agency to pay
retention bonuses to a group of employees in 1 or more
categories of positions in 1 or more geographic areas,
subject to the requirements of subsection (b)(1) and
regulations prescribed by the Office, if there is a high risk
that a significant portion of employees in the group would be
likely to leave in the absence of retention bonuses.
``(d) Except as provided in subsection (j), a bonus may be
paid only to an employee covered by the General Schedule pay
system established under subchapter III of chapter 53.
``(e)(1) Payment of a retention bonus is contingent upon
the employee entering into a written service agreement with
the agency to complete a period of employment with the
agency.
``(2)(A) The agreement shall include--
``(i) the length of the required service period;
``(ii) the amount of the bonus;
``(iii) the method of payment; and
``(iv) other terms and conditions under which the bonus is
payable, subject to subsections (f) and (g) and regulations
of the Office.
``(B) The terms and conditions for paying a bonus, as
specified in the service agreement, shall include--
``(i) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed; and
``(ii) the effect of the termination.
``(3)(A) Notwithstanding paragraph (1), a written service
agreement is not required if the agency pays a retention
bonus in biweekly installments and sets the installment
payment at the full bonus percentage rate established for the
employee with no portion of the bonus deferred.
``(B) If an agency pays a retention bonus in accordance
with subparagraph (A) and makes a determination to terminate
the payments, the agency shall provide written notice to the
employee of that determination. Except as provided in
regulations of the Office, the employee shall continue to be
paid the retention bonus through the end of the pay period in
which such written notice is provided.
``(4) A retention bonus for an employee may not be based on
any period of such service which is the basis for a
recruitment or relocation bonus under section 5753.
``(f)(1) Except as provided in subsection (g), a retention
bonus, which shall be stated as a percentage of the
employee's basic pay for the service period associated with
the bonus, may not exceed--
[[Page S1276]]
``(A) 25 percent of the employee's basic pay if paid under
subsection (b); or
``(B) 10 percent of an employee's basic pay if paid under
subsection (c).
``(2) A retention bonus may be paid to an employee in
installments after completion of specified periods of service
or in a single lump sum at the end of the full period of
service required by the agreement. An installment payment may
not exceed the product derived from multiplying the amount of
basic pay earned in the installment period by a percentage
not to exceed the bonus percentage rate established for the
employee. If the installment payment percentage is less than
the bonus percentage rate, the accrued but unpaid portion of
the bonus is payable as part of the final installment payment
to the employee after completion of the full service period
under the terms of the service agreement.
``(3) A retention bonus is not part of the basic pay of an
employee for any purpose.
``(g) Upon the request of the head of an agency, the Office
may waive the limit established under subsection (f)(1) and
permit the agency head to pay an otherwise eligible employee
or category of employees retention bonuses of up to 50
percent of basic pay, based on a critical agency need.
``(h) The Office shall require that, before paying a bonus
under this section, an agency shall establish a plan for
paying retention bonuses, subject to regulations prescribed
by the Office.
``(i) The Office may prescribe regulations to carry out
this section.
``(j)(1) At the request of the head of an Executive agency,
the Office may extend coverage under this section to
categories of employees within the agency who otherwise would
not be covered by this section.
``(2) The Office shall not extend coverage under this
section to the head of an Executive agency, including an
Executive agency headed by a board or other collegial body
composed of 2 or more individual members.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5754 and
inserting the following:
``5754. Retention bonuses.''.
(b) Relocation Payments.--Section 407 of the Federal
Employees Pay Comparability Act of 1990 (5 U.S.C. 5305 note;
104 Stat. 1467) is repealed.
(c) Effective Date and Application.--
(1) Effective date.--Except as provided under paragraphs
(2) and (3), this section shall take effect on the first day
of the first applicable pay period beginning on or after 180
days after the date of enactment of this Act.
(2) Application to agreements.--A recruitment or relocation
bonus service agreement that was authorized under section
5753 of title 5, United States Code, before the effective
date under paragraph (1) shall continue, until its
expiration, to be subject to section 5753 as in effect on the
day before such effective date.
(3) Application to allowances.--Payment of a retention
allowance that was authorized under section 5754 of title 5,
United States Code, before the effective date under paragraph
(1) shall continue, subject to section 5754 as in effect on
the day before such effective date, until the retention
allowance is reauthorized or terminated (but no longer than 1
year after such effective date).
SEC. 102. STREAMLINED CRITICAL PAY AUTHORITY.
Section 5377 of title 5, United States Code, is amended--
(1) by striking subsection (c) and inserting the following:
``(c) The Office of Personnel Management, in consultation
with the Office of Management and Budget, may, upon the
request of the head of an agency, grant authority to fix the
rate of basic pay for 1 or more positions in such agency in
accordance with this section.'';
(2) in subsection (e)(1), by striking ``Office of
Management and Budget'' and inserting ``Office of Personnel
Management'';
(3) by striking subsections (f) and (g) and inserting the
following:
``(f) The Office of Personnel Management may not authorize
the exercise of authority under this section with respect to
more than 800 positions at any 1 time, of which not more than
30 may, at any such time, be positions the rate of basic pay
for which would otherwise be determined under subchapter II.
``(g) The Office of Personnel Management shall consult with
the Office of Management and Budget before making any
decision to grant or terminate any authority under this
section.''; and
(4) in subsection (h), by striking ``The Office of
Management and Budget shall report to the Committee on Post
Office and Civil Service'' and inserting ``The Office of
Personnel Management shall report to the Committee on
Government Reform.''.
TITLE II--REFORMS RELATING TO FEDERAL EMPLOYEE CAREER DEVELOPMENT AND
BENEFITS
SEC. 201. AGENCY TRAINING.
(a) Training To Accomplish Performance Plans and Strategic
Goals.--Section 4103 of title 5, United States Code, is
amended by adding at the end the following:
``(c) The head of each agency shall--
``(1) evaluate each program or plan established, operated,
or maintained under subsection (a) with respect to
accomplishing specific performance plans and strategic goals
in performing the agency mission; and
``(2) modify such program or plan to accomplish such plans
and goals.''.
(b) Agency Training Officer; Specific Training Programs.--
(1) In general.--Chapter 41 of title 5, United States Code,
is amended by adding after section 4119 the following:
``Sec. 4120. Agency training officer
``Each agency shall appoint or designate a training officer
who shall be responsible for developing, coordinating, and
administering training for the agency.
``Sec. 4121. Specific training programs
``In consultation with the Office of Personnel Management,
each head of an agency shall establish--
``(1) a comprehensive management succession program to
provide training to employees to develop managers for the
agency; and
``(2) a program to provide training to managers on actions,
options, and strategies a manager may use in--
``(A) relating to employees with unacceptable performances;
and
``(B) mentoring employees and improving employee
performance and productivity.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by adding at the end the following:
``4120. Agency training officer.
``4121. Specific training programs.''.
SEC. 202. ANNUAL LEAVE ENHANCEMENTS.
(a) Accrual of Leave for Newly Hired Federal Employees With
Qualified Experience.--
(1) In general.--Section 6303 of title 5, United States
Code, is amended by adding at the end the following:
``(e)(1) In this subsection, the term `period of qualified
non-Federal service' means any equal period of service
performed by an individual that--
``(A) except for this subsection would not otherwise be
service performed by an employee for purposes of subsection
(a); and
``(B) was performed in a position--
``(i) the duties of which were directly related to the
duties of the position in an agency that such individual
holds; and
``(ii) which meets such other conditions as the Office of
Personnel Management shall prescribe by regulation.
``(2) For purposes of subsection (a), the head of an agency
may deem a period of qualified non-Federal service performed
by an individual to be a period of service performed as an
employee.''.
(2) Effective date.--This section shall take effect 120
days after the date of enactment of this Act and shall only
apply to an individual hired on or after that effective date.
(b) Senior Executive Service Annual Leave Enhancements.--
(1) In general.--Section 6303(a) of title 5, United States
Code, is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding after paragraph (3) the following:
``(4) one day for each full biweekly pay period for an
employee in a position paid under section 5376 or 5383, or
for an employee in an equivalent category for which the
minimum rate of basic pay is greater than the rate payable at
GS-15, step 10.''.
(2) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out the amendments made
by this subsection.
(3) Effective dates.--
(A) In general.--Paragraph (1) shall take effect 120 days
after the date of enactment of this Act.
(B) Regulations.--Paragraph (2) shall take effect on the
date of enactment of this Act.
______
SA 155. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 488, on line 2, strike the period after the word
``accomplishment'' and insert the following:
``: Provided further, That within funds available for the
purpose of implementing the Valles Caldera Preservation Act,
notwithstanding the limitations of 107(e)(2) of the Valles
Caldera Preservation Act (Public Law 106-248), for fiscal
year 2003, the members of the Board of Trustees of the Valles
Caldera Trust may receive, upon request, compensation for
each day (including travel time) that they are engaged in the
performance of the functions of the Board, except that
compensation shall not exceed the daily equivalent of the
annual rate in effect for members of the Senior Executive
Service at the ES-1 level, and shall be in addition to any
reimbursement for travel, subsistence and other necessary
expenses incurred by them in the performance of their duties,
and except that Members of the Board who are officers or
employees of the United States shall not receive any
additional compensation by reason of service on the Board.''
______
SA 156. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for
[[Page S1277]]
other purposes; which was ordered to lie on the table, as follows:
On page 489, line 8, after ``Service;'' add the following
new proviso: ``Provided further, That hazardous fuel
treatment dollars in the National Fire Plan are to go to the
County Partnership Restoration Program for forest restoration
on the Apache-Sitgreaves National Forest in Arizona, the
Lincoln National Forest in New Mexico, and the Grand Mesa,
Uncompahgre and Gunnison National Forest in Colorado;''
______
SA 157. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to joint resolution H.J. Res.
2, making further continuing appropriations for the fiscal year 2003,
and for other purposes; which was ordered to lie on the table; as
follows:
On page 547, between lines 4 and 5, insert the following:
TITLE __--T'UF SHUR BIEN PRESERVATION TRUST AREA
SEC. __01. SHORT TITLE.
This title may be cited as the ``T'uf Shur Bien
Preservation Trust Area Act''.
SEC. __02. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1748, the Pueblo of Sandia received a grant from a
representative of the King of Spain, which grant was
recognized and confirmed by Congress in 1858 (11 Stat. 374);
and
(2) in 1994, the Pueblo filed a civil action against the
Secretary of the Interior and the Secretary of Agriculture in
the United States District Court for the District of Columbia
(Civil No. 1:94CV02624), asserting that Federal surveys of
the grant boundaries erroneously excluded certain land within
the Cibola National Forest, including a portion of the Sandia
Mountain Wilderness.
(b) Purposes.--The purposes of this title are--
(1) to establish the T'uf Shur Bien Preservation Trust Area
in the Cibola National Forest;
(2) to confirm the status of national forest land and
wilderness land in the Area while resolving issues associated
with the civil action referred to in subsection (a)(2) and
the opinions of the Solicitor of the Department of the
Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and
January 19, 2001 (M-37002); and
(3) to provide the Pueblo, the parties to the civil action,
and the public with a fair and just settlement of the
Pueblo's claim.
SEC. __03. DEFINITIONS.
In this title:
(1) Area.--
(A) In general.--The term ``Area'' means the T'uf Shur Bien
Preservation Trust Area, comprised of approximately 9890
acres of land in the Cibola National Forest, as depicted on
the map.
(B) Exclusions.--The term ``Area'' does not include--
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) Crest facilities.--The term ``crest facilities''
means--
(A) all facilities and developments located on the crest of
Sandia Mountain, including the Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and related facilities
of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities described in
subparagraphs (A) through (J) are located and the land
extending 100 feet along terrain to the west of each such
facility, unless a different distance is agreed to in writing
by the Secretary and the Pueblo and documented in the survey
of the Area.
(3) Existing use.--The term ``existing use'' means a use
that--
(A) is occurring in the Area as of the date of enactment of
this Act; or
(B) is authorized in the Area after November 1, 1995, but
before the date of enactment of this Act.
(4) La luz tract.--The term ``La Luz tract'' means the
tract comprised of approximately 31 acres of land owned in
fee by the Pueblo and depicted on the map.
(5) Local public body.--The term ``local public body''
means a political subdivision of the State of New Mexico (as
defined in New Mexico Code 6-5-1).
(6) Map.--The term ``map'' means the Forest Service map
entitled ``T'uf Shur Bien Preservation Trust Area'' and dated
April 2000.
(7) Modified use.--
(A) In general.--The term ``modified use'' means an
existing use that, at any time after the date of enactment of
this Act, is modified or reconfigured but not significantly
expanded.
(B) Inclusions.--The term ``modified use'' includes--
(i) a trail or trailhead being modified, such as to
accommodate handicapped access;
(ii) a parking area being reconfigured (but not expanded);
and
(iii) a special use authorization for a group recreation
use being authorized for a different use area or time period.
(8) New use.--
(A) In general.--The term ``new use'' means--
(i) a use that is not occurring in the Area as of the date
of enactment of this Act; and
(ii) an existing use that is being modified so as to be
significantly expanded or altered in scope, dimension, or
impact on the land, water, air, or wildlife resources of the
Area.
(B) Exclusions.--The term ``new use'' does not include a
use that--
(i) is categorically excluded from documentation
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(ii) is carried out to comply with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(9) Piedra lisa tract.--The term ``Piedra Lisa tract''
means the tract comprised of approximately 160 acres of land
owned by the Pueblo and depicted on the map.
(10) Pueblo.--The term ``Pueblo'' means the Pueblo of
Sandia in its governmental capacity.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(12) Settlement agreement.--The term ``Settlement
Agreement'' means the Agreement of Compromise and Settlement
dated April 4, 2000, among the United States, the Pueblo, and
the Sandia Peak Tram Company.
(13) Special use permit.--The term ``special use permit''
means the Special Use Permit issued December 1, 1993, by the
Secretary to Sandia Peak Tram Company and Sandia Peak Ski
Company
(14) Special use permit area.--
(A) In general.--The term ``special use permit area'' means
the land and facilities subject to the special use permit.
(B) Inclusions.--The term ``special use permit area''
includes--
(i) approximately 46 acres of land used as an aerial
tramway corridor;
(ii) approximately 945 acres of land used as a ski area;
and
(iii) the land and facilities described in Exhibit A to the
special use permit, including--
(I) the maintenance road to the lower tram tower;
(II) water storage and water distribution facilities; and
(III) 7 helispots.
(15) Subdivision.--The term ``subdivision'' means--
(A) the subdivision of--
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I, II, or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned property
depicted on the map.
(16) Traditional or cultural use.--The term ``traditional
or cultural use'' means--
(A) a ceremonial activity (including the placing of
ceremonial materials in the Area); and
(B) the use, hunting, trapping, or gathering of plants,
animals, wood, water, and other natural resources for a
noncommercial purpose.
SEC. __04. T'UF SHUR BIEN PRESERVATION TRUST AREA.
(a) Establishment.--The T'uf Shur Bien Preservation Trust
Area is established within the Cibola National Forest and the
Sandia Mountain Wilderness as depicted on the map--
(1) to recognize and protect in perpetuity the rights and
interests of the Pueblo in and to the Area, as specified in
section __05(a);
(2) to preserve in perpetuity the national forest and
wilderness character of the Area; and
(3) to recognize and protect in perpetuity the longstanding
use and enjoyment of the Area by the public.
(b) Administration and Applicable Law.--
(1) In general.--The Secretary shall continue to administer
the Area as part of the National Forest System subject to and
consistent with the provisions of this title affecting
management of the Area.
(2) Traditional or cultural uses.--Traditional or cultural
uses by Pueblo members and members of other federally-
recognized Indian tribes authorized to use the Area by the
Pueblo under section __05(a)(4) shall not be restricted
except by--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including
regulations promulgated under that Act) as in effect on the
date of enactment of this Act; and
(B) applicable Federal wildlife protection laws, as
provided in section __06(a)(2).
(3) Later enactments.--To the extent that any law enacted
or amended after the date of enactment of this Act is
inconsistent with this title, the law shall not apply to the
Area unless expressly made applicable by Congress.
(4) Trust.--The use of the word ``Trust'' in the name of
the Area--
(A) is in recognition of the specific rights and interests
of the Pueblo in the Area; and
(B) does not confer on the Pueblo the ownership interest
that exists in a case in which the Secretary of the Interior
accepts the title to land held in trust for the benefit of an
Indian tribe.
(c) Map.--
(1) Filing.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and a
legal description of the Area with the Committee on Resources
of the House of Representatives and
[[Page S1278]]
with the Committee on Energy and Natural Resources of the
Senate.
(2) Public availability.--The map and legal description
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Washington,
District of Columbia.
(3) Effect.--The map and legal description filed under
paragraph (1) shall have the same effect as if the map and
legal description were included in this title, except that--
(A) technical and typographical errors shall be corrected;
(B) changes that may be necessary under subsection (b),
(d), or (e) of section __09 or subsection (b) or (c) of
section __13 shall be made; and
(C) to the extent that the map and the language of this
title conflict, the language of this title shall control.
(d) No Conveyance of Title.--No right, title, or interest
of the United States in or to the Area or any part of the
Area shall be conveyed to or exchanged with any person,
trust, or governmental entity, including the Pueblo, without
specific authorization of Congress.
(e) Prohibited Uses.--
(1) In general.--Notwithstanding any other provision of
law--
(A) no use prohibited by the Wilderness Act (16 U.S.C. 1131
et seq.) as of the date of enactment of this Act shall be
permitted in the wilderness portion of the Area; and
(B) none of the following uses shall be permitted in any
portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the Pueblo objects under section
__05(a)(3).
(2) Mining claims.--The Area is closed to the location of
mining claims under section 2320 of the Revised Statutes (30
U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
(f) No Modification of Boundaries.--Establishment of the
Area shall not--
(1) affect the boundaries of or repeal or disestablish the
Sandia Mountain Wilderness or the Cibola National Forest; or
(2) modify the existing boundary of the Pueblo grant.
SEC. __05. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) In General.--The Pueblo shall have the following rights
and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those uses
are not inconsistent with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including
regulations promulgated under that Act) as in effect on the
date of enactment of this Act; or
(B) applicable Federal wildlife protection laws as provided
in section __06(a)(2).
(2) Perpetual preservation of the national forest and
wilderness character of the Area under this title.
(3) Rights in the management of the Area as specified in
section __07, including--
(A) the right to consent or withhold consent to a new use;
(B) the right to consultation regarding a modified use;
(C) the right to consultation regarding the management and
preservation of the Area; and
(D) the right to dispute resolution procedures.
(4) Exclusive authority, in accordance with the customs and
laws of the Pueblo, to administer access to the Area for
traditional or cultural uses by members of the Pueblo and of
other federally-recognized Indian tribes.
(5) Such other rights and interests as are recognized in
sections __04, __05(c), __07, __08, and __09.
(b) Access.-- Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) Compensable Interest.--
(1) In general.--If, by an Act of Congress enacted after
the date of enactment of this Act, Congress diminishes the
national forest or wilderness designation of the Area by
authorizing a use prohibited by section __04(e) in all or any
portion of the Area, or denies the Pueblo access for any
traditional or cultural use in all or any portion of the
Area--
(A) the United States shall compensate the Pueblo as if the
Pueblo held a fee title interest in the affected portion of
the Area and as though the United States had acquired such an
interest by legislative exercise of the power of eminent
domain; and
(B) the restrictions of sections __04(e) and __06(a) shall
be disregarded in determining just compensation owed to the
Pueblo.
(2) Effect.--Any compensation made to the Pueblo under
paragraph (c) shall not affect the extinguishment of claims
under section __10.
SEC. __06. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE
AREA.
(a) Limitations.--The rights and interests of the Pueblo
recognized in this title do not include--
(1) any right to sell, grant, lease, convey, encumber, or
exchange land or any interest in land in the Area (and any
such conveyance shall not have validity in law or equity);
(2) any exemption from applicable Federal wildlife
protection laws;
(3) any right to engage in a use prohibited by section
__04(e); or
(4) any right to exclude persons or governmental entities
from the Area.
(b) Exception.--No person who exercises traditional or
cultural use rights as authorized by section __05(a)(4) may
be prosecuted for a Federal wildlife offense requiring proof
of a violation of a State law (including regulations).
SEC. __07. MANAGEMENT OF THE AREA.
(a) Process.--
(1) In general.--The Secretary shall consult with the
Pueblo not less than twice each year, unless otherwise
mutually agreed, concerning protection, preservation, and
management of the Area (including proposed new uses and
modified uses in the Area and authorizations that are
anticipated during the next 6 months and were approved in the
preceding 6 months).
(2) New uses.--
(A) Request for consent after consultation.--
(i) Denial of consent.--If the Pueblo denies consent for a
new use within 30 days after completion of the consultation
process, the Secretary shall not proceed with the new use.
(ii) Granting of consent.--If the Pueblo consents to the
new use in writing or fails to respond within 30 days after
completion of the consultation process, the Secretary may
proceed with the notice and comment process and the
environmental analysis.
(B) Final request for consent.--
(i) Request.--Before the Secretary (or a designee) signs a
record of decision or decision notice for a proposed new use,
the Secretary shall again request the consent of the Pueblo.
(ii) Denial of consent.--If the Pueblo denies consent for a
new use within 30 days after receipt by the Pueblo of the
proposed record of decision or decision notice, the new use
shall not be authorized.
(iii) Failure to respond.--If the Pueblo fails to respond
to the consent request within 30 days after receipt of the
proposed record of decision or decision notice--
(I) the Pueblo shall be deemed to have consented to the
proposed record of decision or decision notice; and
(II) the Secretary may proceed to issue the final record of
decision or decision notice.
(3) Public involvement.--
(A) In general.--With respect to a proposed new use or
modified use, the public shall be provided notice of--
(i) the purpose and need for the proposed new use or
modified use;
(ii) the role of the Pueblo in the decisionmaking process;
and
(iii) the position of the Pueblo on the proposal.
(B) Court challenge.--Any person may bring a civil action
in the United States District Court for the District of New
Mexico to challenge a determination by the Secretary
concerning whether a use constitutes a new use or a modified
use.
(b) Emergencies and Emergency Closure Orders.--
(1) Authority.--The Secretary shall retain the authority of
the Secretary to manage emergency situations, to--
(A) provide for public safety; and
(B) issue emergency closure orders in the Area subject to
applicable law.
(2) Notice.--The Secretary shall notify the Pueblo
regarding emergencies, public safety issues, and emergency
closure orders as soon as practicable.
(3) No consent.--An action of the Secretary described in
paragraph (1) shall not require the consent of the Pueblo.
(c) Disputes Involving Forest Service Management and Pueblo
Traditional Uses.--
(1) In general.--In a case in which the management of the
Area by the Secretary conflicts with a traditional or
cultural use, if the conflict does not pertain to a new use
subject to the process specified in subsection (a)(2), the
process for dispute resolution specified in this subsection
shall apply.
(2) Dispute resolution process.--
(A) In general.--In the case of a conflict described in
paragraph (1)--
(i) the party identifying the conflict shall notify the
other party in writing addressed to the Governor of the
Pueblo or the Regional Forester, as appropriate, specifying
the nature of the dispute; and
(ii) the Governor of the Pueblo or the Regional Forester
shall attempt to resolve the dispute for a period of at least
30 days after notice has been provided before bringing a
civil action in the United States District Court for the
District of New Mexico.
(B) Disputes requiring immediate resolution.--In the case
of a conflict that requires immediate resolution to avoid
imminent, substantial, and irreparable harm--
(i) the party identifying the conflict shall notify the
other party and seek to resolve the dispute within 3 days of
the date of notification; and
(ii) if the parties are unable to resolve the dispute
within 3 days--
(I) either party may bring a civil action for immediate
relief in the United States District Court for the District
of New Mexico; and
(II) the procedural requirements specified in subparagraph
(A) shall not apply.
SEC. __08. JURISDICTION OVER THE AREA.
(a) Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other provision of
law, jurisdiction over crimes committed in the Area shall be
allocated as provided in this paragraph.
[[Page S1279]]
(2) Jurisdiction of the pueblo.--The Pueblo shall have
jurisdiction over an offense committed by a member of the
Pueblo or of another federally-recognized Indian tribe who is
present in the Area with the permission of the Pueblo under
section __05(a)(4).
(3) Jurisdiction of the united states.--The United States
shall have jurisdiction over--
(A) an offense described in section 1153 of title 18,
United States Code, committed by a member of the Pueblo or
another federally-recognized Indian tribe;
(B) an offense committed by any person in violation of the
laws (including regulations) pertaining to the protection and
management of national forests;
(C) enforcement of Federal criminal laws of general
applicability; and
(D) any other offense committed by a member of the Pueblo
against a person not a member of the Pueblo.
(4) Jurisdiction of the state of new mexico.--The State of
New Mexico shall have jurisdiction over an offense under the
law of the State committed by a person not a member of the
Pueblo.
(5) Overlapping jurisdiction.--To the extent that the
respective allocations of jurisdiction over the Area under
paragraphs (2), (3), and (4) overlap, the governments shall
have concurrent jurisdiction.
(6) Federal use of state law.--Under the jurisdiction of
the United States described in paragraph (3)(D), Federal law
shall incorporate any offense defined and punishable under
State law that is not so defined under Federal law.
(b) Civil Jurisdiction.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the United States, the State of New Mexico, and local
public bodies shall have the same civil adjudicatory,
regulatory, and taxing jurisdiction over the Area as was
exercised by those entities on the day before the date of
enactment of this Act.
(2) Jurisdiction of the pueblo.--
(A) In general.--The Pueblo shall have exclusive civil
adjudicatory jurisdiction over--
(i) a dispute involving only members of the Pueblo;
(ii) a civil action brought by the Pueblo against a member
of the Pueblo; and
(iii) a civil action brought by the Pueblo against a member
of another federally-recognized Indian tribe for a violation
of an understanding between the Pueblo and the other tribe
regarding use of or access to the Area for traditional or
cultural uses.
(B) Regulatory jurisdiction.--The Pueblo shall have no
regulatory jurisdiction over the Area, except that the Pueblo
shall have exclusive authority to--
(i) regulate traditional or cultural uses by the members of
the Pueblo and administer access to the Area by other
federally-recognized Indian tribes for traditional or
cultural uses, to the extent such regulation is consistent
with this title; and
(ii) regulate hunting and trapping in the Area by members
of the Pueblo, to the extent that the hunting or trapping is
related to traditional or cultural uses, except that such
hunting and trapping outside of that portion of the Area in
sections 13, 14, 23, 24, and the northeast quarter of section
25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M.,
Sandoval County, New Mexico, shall be regulated by the Pueblo
in a manner consistent with the regulations of the State of
New Mexico concerning types of weapons and proximity of
hunting and trapping to trails and residences.
(C) Taxing jurisdiction.--The Pueblo shall have no
authority to impose taxes within the Area.
(3) State and local taxing jurisdiction.--The State of New
Mexico and local public bodies shall have no authority within
the Area to tax the uses or the property of the Pueblo,
members of the Pueblo, or members of other federally-
recognized Indian tribes authorized to use the Area under
section __05(a)(4).
SEC. __09. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.
(a) Subdivisions.--
(1) In general.--The subdivisions are excluded from the
Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no civil or criminal
jurisdiction for any purpose, including adjudicatory, taxing,
zoning, regulatory or any other form of jurisdiction, over
the subdivisions and property interests therein, and the laws
of the Pueblo shall not apply to the subdivisions.
(B) State jurisdiction.--The jurisdiction of the State of
New Mexico and local public bodies over the subdivisions and
property interests therein shall continue in effect, except
that on application of the Pueblo a tract comprised of
approximately 35 contiguous, nonsubdivided acres in the
northern section of Evergreen Hills owned in fee by the
Pueblo at the time of enactment of this Act, shall be
transferred to the United States and held in trust for the
Pueblo by the United States and administered by the Secretary
of the Interior.
(3) Limitations on trust land.--Trust land described in
paragraph (2)(B) shall be subject to all limitations on use
pertaining to the Area contained in this title.
(b) Piedra Lisa.--
(1) In general.--The Piedra Lisa tract is excluded from the
Area.
(2) Declaration of trust title.--The Piedra Lisa tract--
(A) shall be transferred to the United States;
(B) is declared to be held in trust for the Pueblo by the
United States; and
(C) shall be administered by the Secretary of the Interior
subject to all limitations on use pertaining to the Area
contained in this title.
(3) Applicability of certain restriction.--The restriction
contained in section __06(a)(4) shall not apply outside of
Forest Service System trails.
(c) Crest Facilities.--
(1) In general.--The land on which the crest facilities are
located is excluded from the Area.
(2) Jurisdiction.--The Pueblo shall have no civil or
criminal jurisdiction for any purpose, including
adjudicatory, taxing, zoning, regulatory or any other form of
jurisdiction, over the land on which the crest facilities are
located and property interests therein, and the laws of the
Pueblo, shall not apply to that land. The preexisting
jurisdictional status of that land shall continue in effect.
(d) Special Use Permit Area.--
(1) In general.--The land described in the special use
permit is excluded from the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no civil or criminal
jurisdiction for any purpose, including adjudicatory, taxing,
zoning, regulatory, or any other form of jurisdiction, over
the land described in the special use permit, and the laws of
the Pueblo shall not apply to that land.
(B) Preexisting status.--The preexisting jurisdictional
status of that land shall continue in effect.
(3) Amendment to plan.--In the event the special use
permit, during its existing term or any future terms or
extensions, requires amendment to include other land in the
Area necessary to realign the existing or any future
replacement tram line, associated structures, or facilities,
the land subject to that amendment shall thereafter be
excluded from the Area and shall have the same status under
this title as the land currently described in the special use
permit.
(4) Land dedicated to aerial tramway and related uses.--Any
land dedicated to aerial tramway and related uses and
associated facilities that are excluded from the special use
permit through expiration, termination or the amendment
process shall thereafter be included in the Area, but only
after final agency action no longer subject to any appeals.
(e) La Luz Tract.--
(1) In general.--The La Luz tract now owned in fee by the
Pueblo is excluded from the Area and, on application by the
Pueblo, shall be transferred to the United States and held in
trust for the Pueblo by the United States and administered by
the Secretary of the Interior subject to all limitations on
use pertaining to the Area contained in this title.
(2) Nonapplicability of certain restriction.--The
restriction contained in section __06(a)(4) shall not apply
outside of Forest Service System trails.
(f) Evergreen Hills Access.--The Secretary shall ensure
that Forest Service Road 333D, as depicted on the map, is
maintained in an adequate condition in accordance with
section 1323(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3210(a)).
(g) Pueblo Fee Land.--Those properties not specifically
addressed in subsections (a) or (e) that are owned in fee by
the Pueblo within the subdivisions are excluded from the Area
and shall be subject to the jurisdictional provisions of
subsection (a).
(h) Rights-of-Way.--
(1) Road rights-of-way.--
(A) In general.--In accordance with the Pueblo having given
its consent in the Settlement Agreement, the Secretary of the
Interior shall grant to the County of Bernalillo, New Mexico,
in perpetuity, the following irrevocable rights-of-way for
roads identified on the map in order to provide for public
access to the subdivisions, the special use permit land and
facilities, the other leasehold and easement rights and
interests of the Sandia Peak Tram Company and its affiliates,
the Sandia Heights South Subdivision, and the Area--
(i) a right-of-way for Tramway Road;
(ii) a right-of-way for Juniper Hill Road North;
(iii) a right-of-way for Juniper Hill Road South;
(iv) a right-of-way for Sandia Heights Road; and
(v) a right-of-way for Juan Tabo Canyon Road (Forest Road
No. 333).
(B) Conditions.--The road rights-of-way shall be subject to
the following conditions:
(i) Such rights-of-way may not be expanded or otherwise
modified without the Pueblo's written consent, but road
maintenance to the rights-of-way shall not be subject to
Pueblo consent.
(ii) The rights-of-way shall not authorize uses for any
purpose other than roads without the Pueblo's written
consent.
(iii) Except as provided in the Settlement Agreement,
existing rights-of-way or leasehold interests and obligations
held by the Sandia Peak Tram Company and its affiliates,
shall be preserved, protected, and unaffected by this title.
(2) Utility rights-of-way.--In accordance with the Pueblo
having given its consent in the Settlement Agreement, the
Secretary of the Interior shall grant irrevocable utility
rights-of-way in perpetuity across Pueblo land to appropriate
utility or other service providers serving Sandia Heights
Addition,
[[Page S1280]]
Sandia Heights North Units I, II, and 3, the special use
permit land, Tierra Monte, and Valley View Acres, including
rights-of-way for natural gas, power, water,
telecommunications, and cable television services. Such
rights-of-way shall be within existing utility corridors as
depicted on the map or, for certain water lines, as described
in the existing grant of easement to the Sandia Peak Utility
Company; provided that use of water line easements outside
the utility corridors depicted on the map shall not be used
for utility purposes other than water lines and associated
facilities. Except where above-ground facilities already
exist, all new utility facilities shall be installed
underground unless the Pueblo agrees otherwise. To the extent
that enlargement of existing utility corridors is required
for any technologically-advanced telecommunication,
television, or utility services, the Pueblo shall not
unreasonably withhold agreement to a reasonable enlargement
of the easements described above.
(3) Forest service rights-of-way.--In accordance with the
Pueblo having given its consent in the Settlement Agreement,
the Secretary of the Interior shall grant to the Forest
Service the following irrevocable rights-of-way in perpetuity
for Forest Service trails crossing land of the Pueblo in
order to provide for public access to the Area and through
Pueblo land--
(A) a right-of-way for a portion of the Crest Spur Trail
(Trail No. 84), crossing a portion of the La Luz tract, as
identified on the map;
(B) a right-of-way for the extension of the Foothills Trail
(Trail No. 365A), as identified on the map; and
(C) a right-of-way for that portion of the Piedra Lisa
North-South Trail (Trail No. 135) crossing the Piedra Lisa
tract.
SEC. __10. EXTINGUISHMENT OF CLAIMS.
(a) In General.--Except for the rights and interests in and
to the Area specifically recognized in sections __04, __05,
__07, __08, and __09, all Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
land within the Area, any part thereof, and property
interests therein, as well as related boundary, survey,
trespass, and monetary damage claims, are permanently
extinguished. The United States' title to the Area is
confirmed.
(b) Subdivisions.--Any Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
the subdivisions and property interests therein (except for
land owned in fee by the Pueblo as of the date of enactment
of this Act), as well as related boundary, survey, trespass,
and monetary damage claims, are permanently extinguished.
(c) Special Use and Crest Facilities Areas.--Any Pueblo
right, title and interest of any kind, including aboriginal
claims, and related boundary, survey, trespass, and monetary
damage claims, are permanently extinguished in and to--
(1) the land described in the special use permit; and
(2) the land on which the crest facilities are located.
(d) Pueblo Agreement.--As provided in the Settlement
Agreement, the Pueblo has agreed to the relinquishment and
extinguishment of those claims, rights, titles and interests
extinguished pursuant to subsection (a), (b) and (c).
(e) Consideration.--The recognition of the Pueblo's rights
and interests in this title constitutes adequate
consideration for the Pueblo's agreement to the
extinguishment of the Pueblo's claims in this section and the
right-of-way grants contained in section __09, and it is the
intent of Congress that those rights and interests may only
be diminished by a future Act of Congress specifically
authorizing diminishment of such rights, with express
reference to this title.
SEC. __11. CONSTRUCTION.
(a) Strict Construction.--This title recognizes only
enumerated rights and interests, and no additional rights,
interests, obligations, or duties shall be created by
implication.
(b) Existing Rights.--To the extent there exist within the
Area as of the date of enactment of this Act any valid
private property rights associated with private land that are
not otherwise addressed in this title, such rights are not
modified or otherwise affected by this title, nor is the
exercise of any such right subject to the Pueblo's right to
withhold consent to new uses in the Area as set forth in
section __05(a)(3)(A).
(c) Not Precedent.--The provisions of this title creating
certain rights and interests in the National Forest System
are uniquely suited to resolve the Pueblo's claim and the
geographic and societal situation involved, and shall not be
construed as precedent for any other situation involving
management of the National Forest System.
(d) Fish and Wildlife.--Except as provided in section
__08(b)(2)(B), nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico
with respect to fish and wildlife, including the regulation
of hunting, fishing, or trapping within the Area.
(e) Federal Land Policy and Management Act.--Section 316 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1746) is amended by adding at the end the following: ``Any
corrections authorized by this section which affect the
boundaries of, or jurisdiction over, land administered by
another Federal agency shall be made only after consultation
with, and the approval of, the head of such other agency.''
SEC. __12. JUDICIAL REVIEW.
(a) Enforcement.--A civil action to enforce the provisions
of this title may be brought to the extent permitted under
chapter 7 of title 5, United States Code. Judicial review
shall be based on the administrative record and subject to
the applicable standard of review set forth in section 706 of
title 5, United States Code.
(b) Waiver.--A civil action may be brought against the
Pueblo for declaratory judgment or injunctive relief under
this title, but no money damages, including costs or
attorney's fees, may be imposed on the Pueblo as a result of
such judicial action.
(c) Venue.--Venue for any civil action provided for in this
section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. __13. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND
EXCHANGE.
(a) Contributions.--
(1) In general.--The Secretary may accept contributions
from the Pueblo, or from other persons or governmental
entities--
(A) to perform and complete a survey of the Area; or
(B) to carry out any other project or activity for the
benefit of the Area in accordance with this title.
(2) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete the
survey of the Area under paragraph (1)(A).
(b) Land Exchange.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, after consultation with the Pueblo,
the Secretary shall, in accordance with applicable laws,
prepare and offer a land exchange of National Forest land
outside the Area and contiguous to the northern boundary of
the Pueblo's Reservation within sections 10, 11, and 14 of
T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding
wilderness land, for land owned by the Pueblo in the
Evergreen Hills subdivision in Sandoval County contiguous to
National Forest land, and the La Luz tract in Bernalillo
County.
(2) Acceptance of payment.--Notwithstanding section 206(b)
of the Federal Land Policy and Management Act (43 U.S.C.
1716(b)), the Secretary may either make or accept a cash
equalization payment in excess of 25 percent of the total
value of the land or interests transferred out of Federal
ownership.
(3) Funds received.--Any funds received by the Secretary as
a result of the exchange shall be deposited in the fund
established under the Act of December 4, 1967, known as the
Sisk Act (16 U.S.C. 484a), and shall be available to purchase
non-Federal land within or adjacent to the National Forests
in the State of New Mexico.
(4) Treatment of land exchanged or conveyed.--All land
exchanged or conveyed to the Pueblo is declared to be held in
trust for the Pueblo by the United States and added to the
Pueblo's Reservation subject to all existing and outstanding
rights and shall remain in its natural state and shall not be
subject to commercial development of any kind. Land exchanged
or conveyed to the Forest Service shall be subject to all
limitations on use pertaining to the Area under this title.
(5) Failure to make offer.--If the land exchange offer is
not made by the date that is 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives, a report explaining the
reasons for the failure to make the offer including an
assessment of the need for any additional legislation that
may be necessary for the exchange. If additional legislation
is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to
existing law.
(c) Land Acquisition and Other Compensation.--
(1) In general.--The Secretary may acquire land owned by
the Pueblo within the Evergreen Hills Subdivision in Sandoval
County or any other privately held land inside of the
exterior boundaries of the Area. The boundaries of the Cibola
National Forest and the Area shall be adjusted to encompass
any land acquired pursuant to this section.
(2) Piedra lisa tract.--Subject to the availability of
appropriations, the Secretary shall compensate the Pueblo for
the fair market value of--
(A) the right-of-way established pursuant to section
__09(h)(3)(C); and
(B) the conservation easement established by the
limitations on use of the Piedra Lisa tract pursuant to
section __09(b)(2).
(d) Reimbursement of Certain Costs.--
(1) In general.--The Pueblo, the County of Bernalillo, New
Mexico, and any person that owns or has owned property inside
of the exterior boundaries of the Area as designated on the
map, and who has incurred actual and direct costs as a result
of participating in the case of Pueblo of Sandia v. Babbitt,
Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly
related to resolving the issues litigated in that case, may
apply for reimbursement in accordance with this section.
Costs directly related to such participation which shall
qualify for reimbursement shall be--
[[Page S1281]]
(A) dues or payments to a homeowner association for the
purpose of legal representation; and
(B) legal fees and related expenses.
(2) Treatment of reimbursement.--Any reimbursement provided
in this subsection shall be in lieu of that which might
otherwise be available pursuant to the Equal Access to
Justice Act (24 U.S.C. 2412).
(3) Payments.--The Secretary of the Treasury shall make
reimbursement payments as provided in this section out of any
money not otherwise appropriated.
(4) Applications.--Not later than 180 days after the date
of enactment of this Act, applications for reimbursement
shall be filed with the Department of the Treasury, Financial
Management Service, Washington, D.C.
(5) Maximum reimbursement.--
(A) In general.--No party shall be reimbursed in excess of
$750,000 under this section, and the total amount reimbursed
in accordance with this section shall not exceed $3,000,000.
(B) Offset.--The percentage amount of each rescission
provided for under section 601 of division N shall be
increased by such percentage amount as is necessary to
rescind an amount of funds equal to the total amount
reimbursed under this section.
SEC. __14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as are
necessary for the Forest Service to carry out
responsibilities of the Forest Service in accordance with
section __13(c).
SEC. __15. EFFECTIVE DATE.
The provisions of this title shall take effect immediately
on enactment of this Act.
______
SA 158. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 547, between lines 4 and 5, insert the following:
TITLE __--T'UF SHUR BIEN PRESERVATION TRUST AREA
SEC. __01. SHORT TITLE.
This title may be cited as the ``T'uf Shur Bien
Preservation Trust Area Act''.
SEC. __02. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in 1748, the Pueblo of Sandia received a grant from a
representative of the King of Spain, which grant was
recognized and confirmed by Congress in 1858 (11 Stat. 374);
and
(2) in 1994, the Pueblo filed a civil action against the
Secretary of the Interior and the Secretary of Agriculture in
the United States District Court for the District of Columbia
(Civil No. 1:94CV02624), asserting that Federal surveys of
the grant boundaries erroneously excluded certain land within
the Cibola National Forest, including a portion of the Sandia
Mountain Wilderness.
(b) Purposes.--The purposes of this title are--
(1) to establish the T'uf Shur Bien Preservation Trust Area
in the Cibola National Forest;
(2) to confirm the status of national forest land and
wilderness land in the Area while resolving issues associated
with the civil action referred to in subsection (a)(2) and
the opinions of the Solicitor of the Department of the
Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and
January 19, 2001 (M-37002); and
(3) to provide the Pueblo, the parties to the civil action,
and the public with a fair and just settlement of the
Pueblo's claim.
SEC. __03. DEFINITIONS.
In this title:
(1) Area.--
(A) In general.--The term ``Area'' means the T'uf Shur Bien
Preservation Trust Area, comprised of approximately 9890
acres of land in the Cibola National Forest, as depicted on
the map.
(B) Exclusions.--The term ``Area'' does not include--
(i) the subdivisions;
(ii) Pueblo-owned land;
(iii) the crest facilities; or
(iv) the special use permit area.
(2) Crest facilities.--The term ``crest facilities''
means--
(A) all facilities and developments located on the crest of
Sandia Mountain, including the Sandia Crest Electronic Site;
(B) electronic site access roads;
(C) the Crest House;
(D) the upper terminal, restaurant, and related facilities
of Sandia Peak Tram Company;
(E) the Crest Observation Area;
(F) parking lots;
(G) restrooms;
(H) the Crest Trail (Trail No. 130);
(I) hang glider launch sites;
(J) the Kiwanis cabin; and
(K) the land on which the facilities described in
subparagraphs (A) through (J) are located and the land
extending 100 feet along terrain to the west of each such
facility, unless a different distance is agreed to in writing
by the Secretary and the Pueblo and documented in the survey
of the Area.
(3) Existing use.--The term ``existing use'' means a use
that--
(A) is occurring in the Area as of the date of enactment of
this Act; or
(B) is authorized in the Area after November 1, 1995, but
before the date of enactment of this Act.
(4) La luz tract.--The term ``La Luz tract'' means the
tract comprised of approximately 31 acres of land owned in
fee by the Pueblo and depicted on the map.
(5) Local public body.--The term ``local public body''
means a political subdivision of the State of New Mexico (as
defined in New Mexico Code 6-5-1).
(6) Map.--The term ``map'' means the Forest Service map
entitled ``T'uf Shur Bien Preservation Trust Area'' and dated
April 2000.
(7) Modified use.--
(A) In general.--The term ``modified use'' means an
existing use that, at any time after the date of enactment of
this Act, is modified or reconfigured but not significantly
expanded.
(B) Inclusions.--The term ``modified use'' includes--
(i) a trail or trailhead being modified, such as to
accommodate handicapped access;
(ii) a parking area being reconfigured (but not expanded);
and
(iii) a special use authorization for a group recreation
use being authorized for a different use area or time period.
(8) New use.--
(A) In general.--The term ``new use'' means--
(i) a use that is not occurring in the Area as of the date
of enactment of this Act; and
(ii) an existing use that is being modified so as to be
significantly expanded or altered in scope, dimension, or
impact on the land, water, air, or wildlife resources of the
Area.
(B) Exclusions.--The term ``new use'' does not include a
use that--
(i) is categorically excluded from documentation
requirements under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(ii) is carried out to comply with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(9) Piedra lisa tract.--The term ``Piedra Lisa tract''
means the tract comprised of approximately 160 acres of land
owned by the Pueblo and depicted on the map.
(10) Pueblo.--The term ``Pueblo'' means the Pueblo of
Sandia in its governmental capacity.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
(12) Settlement agreement.--The term ``Settlement
Agreement'' means the Agreement of Compromise and Settlement
dated April 4, 2000, among the United States, the Pueblo, and
the Sandia Peak Tram Company.
(13) Special use permit.--The term ``special use permit''
means the Special Use Permit issued December 1, 1993, by the
Secretary to Sandia Peak Tram Company and Sandia Peak Ski
Company
(14) Special use permit area.--
(A) In general.--The term ``special use permit area'' means
the land and facilities subject to the special use permit.
(B) Inclusions.--The term ``special use permit area''
includes--
(i) approximately 46 acres of land used as an aerial
tramway corridor;
(ii) approximately 945 acres of land used as a ski area;
and
(iii) the land and facilities described in Exhibit A to the
special use permit, including--
(I) the maintenance road to the lower tram tower;
(II) water storage and water distribution facilities; and
(III) 7 helispots.
(15) Subdivision.--The term ``subdivision'' means--
(A) the subdivision of--
(i) Sandia Heights Addition;
(ii) Sandia Heights North Unit I, II, or 3;
(iii) Tierra Monte;
(iv) Valley View Acres; or
(v) Evergreen Hills; and
(B) any additional plat or privately-owned property
depicted on the map.
(16) Traditional or cultural use.--The term ``traditional
or cultural use'' means--
(A) a ceremonial activity (including the placing of
ceremonial materials in the Area); and
(B) the use, hunting, trapping, or gathering of plants,
animals, wood, water, and other natural resources for a
noncommercial purpose.
SEC. __04. T'UF SHUR BIEN PRESERVATION TRUST AREA.
(a) Establishment.--The T'uf Shur Bien Preservation Trust
Area is established within the Cibola National Forest and the
Sandia Mountain Wilderness as depicted on the map--
(1) to recognize and protect in perpetuity the rights and
interests of the Pueblo in and to the Area, as specified in
section __05(a);
(2) to preserve in perpetuity the national forest and
wilderness character of the Area; and
(3) to recognize and protect in perpetuity the longstanding
use and enjoyment of the Area by the public.
(b) Administration and Applicable Law.--
(1) In general.--The Secretary shall continue to administer
the Area as part of the National Forest System subject to and
consistent with the provisions of this title affecting
management of the Area.
(2) Traditional or cultural uses.--Traditional or cultural
uses by Pueblo members and members of other federally-
recognized Indian tribes authorized to use the Area by
[[Page S1282]]
the Pueblo under section __05(a)(4) shall not be restricted
except by--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including
regulations promulgated under that Act) as in effect on the
date of enactment of this Act; and
(B) applicable Federal wildlife protection laws, as
provided in section __06(a)(2).
(3) Later enactments.--To the extent that any law enacted
or amended after the date of enactment of this Act is
inconsistent with this title, the law shall not apply to the
Area unless expressly made applicable by Congress.
(4) Trust.--The use of the word ``Trust'' in the name of
the Area--
(A) is in recognition of the specific rights and interests
of the Pueblo in the Area; and
(B) does not confer on the Pueblo the ownership interest
that exists in a case in which the Secretary of the Interior
accepts the title to land held in trust for the benefit of an
Indian tribe.
(c) Map.--
(1) Filing.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and a
legal description of the Area with the Committee on Resources
of the House of Representatives and with the Committee on
Energy and Natural Resources of the Senate.
(2) Public availability.--The map and legal description
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, Washington,
District of Columbia.
(3) Effect.--The map and legal description filed under
paragraph (1) shall have the same effect as if the map and
legal description were included in this title, except that--
(A) technical and typographical errors shall be corrected;
(B) changes that may be necessary under subsection (b),
(d), or (e) of section __09 or subsection (b) or (c) of
section __13 shall be made; and
(C) to the extent that the map and the language of this
title conflict, the language of this title shall control.
(d) No Conveyance of Title.--No right, title, or interest
of the United States in or to the Area or any part of the
Area shall be conveyed to or exchanged with any person,
trust, or governmental entity, including the Pueblo, without
specific authorization of Congress.
(e) Prohibited Uses.--
(1) In general.--Notwithstanding any other provision of
law--
(A) no use prohibited by the Wilderness Act (16 U.S.C. 1131
et seq.) as of the date of enactment of this Act shall be
permitted in the wilderness portion of the Area; and
(B) none of the following uses shall be permitted in any
portion of the Area:
(i) Gaming or gambling.
(ii) Mineral production.
(iii) Timber production.
(iv) Any new use to which the Pueblo objects under section
__05(a)(3).
(2) Mining claims.--The Area is closed to the location of
mining claims under section 2320 of the Revised Statutes (30
U.S.C. 23) (commonly known as the ``Mining Law of 1872'').
(f) No Modification of Boundaries.--Establishment of the
Area shall not--
(1) affect the boundaries of or repeal or disestablish the
Sandia Mountain Wilderness or the Cibola National Forest; or
(2) modify the existing boundary of the Pueblo grant.
SEC. __05. PUEBLO RIGHTS AND INTERESTS IN THE AREA.
(a) In General.--The Pueblo shall have the following rights
and interests in the Area:
(1) Free and unrestricted access to the Area for
traditional or cultural uses, to the extent that those uses
are not inconsistent with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including
regulations promulgated under that Act) as in effect on the
date of enactment of this Act; or
(B) applicable Federal wildlife protection laws as provided
in section __06(a)(2).
(2) Perpetual preservation of the national forest and
wilderness character of the Area under this title.
(3) Rights in the management of the Area as specified in
section __07, including--
(A) the right to consent or withhold consent to a new use;
(B) the right to consultation regarding a modified use;
(C) the right to consultation regarding the management and
preservation of the Area; and
(D) the right to dispute resolution procedures.
(4) Exclusive authority, in accordance with the customs and
laws of the Pueblo, to administer access to the Area for
traditional or cultural uses by members of the Pueblo and of
other federally-recognized Indian tribes.
(5) Such other rights and interests as are recognized in
sections __04, __05(c), __07, __08, and __09.
(b) Access.-- Except as provided in subsection (a)(4),
access to and use of the Area for all other purposes shall
continue to be administered by the Secretary.
(c) Compensable Interest.--
(1) In general.--If, by an Act of Congress enacted after
the date of enactment of this Act, Congress diminishes the
national forest or wilderness designation of the Area by
authorizing a use prohibited by section __04(e) in all or any
portion of the Area, or denies the Pueblo access for any
traditional or cultural use in all or any portion of the
Area--
(A) the United States shall compensate the Pueblo as if the
Pueblo held a fee title interest in the affected portion of
the Area and as though the United States had acquired such an
interest by legislative exercise of the power of eminent
domain; and
(B) the restrictions of sections __04(e) and __06(a) shall
be disregarded in determining just compensation owed to the
Pueblo.
(2) Effect.--Any compensation made to the Pueblo under
paragraph (c) shall not affect the extinguishment of claims
under section __10.
SEC. __06. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE
AREA.
(a) Limitations.--The rights and interests of the Pueblo
recognized in this title do not include--
(1) any right to sell, grant, lease, convey, encumber, or
exchange land or any interest in land in the Area (and any
such conveyance shall not have validity in law or equity);
(2) any exemption from applicable Federal wildlife
protection laws;
(3) any right to engage in a use prohibited by section
__04(e); or
(4) any right to exclude persons or governmental entities
from the Area.
(b) Exception.--No person who exercises traditional or
cultural use rights as authorized by section __05(a)(4) may
be prosecuted for a Federal wildlife offense requiring proof
of a violation of a State law (including regulations).
SEC. __07. MANAGEMENT OF THE AREA.
(a) Process.--
(1) In general.--The Secretary shall consult with the
Pueblo not less than twice each year, unless otherwise
mutually agreed, concerning protection, preservation, and
management of the Area (including proposed new uses and
modified uses in the Area and authorizations that are
anticipated during the next 6 months and were approved in the
preceding 6 months).
(2) New uses.--
(A) Request for consent after consultation.--
(i) Denial of consent.--If the Pueblo denies consent for a
new use within 30 days after completion of the consultation
process, the Secretary shall not proceed with the new use.
(ii) Granting of consent.--If the Pueblo consents to the
new use in writing or fails to respond within 30 days after
completion of the consultation process, the Secretary may
proceed with the notice and comment process and the
environmental analysis.
(B) Final request for consent.--
(i) Request.--Before the Secretary (or a designee) signs a
record of decision or decision notice for a proposed new use,
the Secretary shall again request the consent of the Pueblo.
(ii) Denial of consent.--If the Pueblo denies consent for a
new use within 30 days after receipt by the Pueblo of the
proposed record of decision or decision notice, the new use
shall not be authorized.
(iii) Failure to respond.--If the Pueblo fails to respond
to the consent request within 30 days after receipt of the
proposed record of decision or decision notice--
(I) the Pueblo shall be deemed to have consented to the
proposed record of decision or decision notice; and
(II) the Secretary may proceed to issue the final record of
decision or decision notice.
(3) Public involvement.--
(A) In general.--With respect to a proposed new use or
modified use, the public shall be provided notice of--
(i) the purpose and need for the proposed new use or
modified use;
(ii) the role of the Pueblo in the decisionmaking process;
and
(iii) the position of the Pueblo on the proposal.
(B) Court challenge.--Any person may bring a civil action
in the United States District Court for the District of New
Mexico to challenge a determination by the Secretary
concerning whether a use constitutes a new use or a modified
use.
(b) Emergencies and Emergency Closure Orders.--
(1) Authority.--The Secretary shall retain the authority of
the Secretary to manage emergency situations, to--
(A) provide for public safety; and
(B) issue emergency closure orders in the Area subject to
applicable law.
(2) Notice.--The Secretary shall notify the Pueblo
regarding emergencies, public safety issues, and emergency
closure orders as soon as practicable.
(3) No consent.--An action of the Secretary described in
paragraph (1) shall not require the consent of the Pueblo.
(c) Disputes Involving Forest Service Management and Pueblo
Traditional Uses.--
(1) In general.--In a case in which the management of the
Area by the Secretary conflicts with a traditional or
cultural use, if the conflict does not pertain to a new use
subject to the process specified in subsection (a)(2), the
process for dispute resolution specified in this subsection
shall apply.
(2) Dispute resolution process.--
(A) In general.--In the case of a conflict described in
paragraph (1)--
(i) the party identifying the conflict shall notify the
other party in writing addressed to the Governor of the
Pueblo or the Regional Forester, as appropriate, specifying
the nature of the dispute; and
[[Page S1283]]
(ii) the Governor of the Pueblo or the Regional Forester
shall attempt to resolve the dispute for a period of at least
30 days after notice has been provided before bringing a
civil action in the United States District Court for the
District of New Mexico.
(B) Disputes requiring immediate resolution.--In the case
of a conflict that requires immediate resolution to avoid
imminent, substantial, and irreparable harm--
(i) the party identifying the conflict shall notify the
other party and seek to resolve the dispute within 3 days of
the date of notification; and
(ii) if the parties are unable to resolve the dispute
within 3 days--
(I) either party may bring a civil action for immediate
relief in the United States District Court for the District
of New Mexico; and
(II) the procedural requirements specified in subparagraph
(A) shall not apply.
SEC. __08. JURISDICTION OVER THE AREA.
(a) Criminal Jurisdiction.--
(1) In general.--Notwithstanding any other provision of
law, jurisdiction over crimes committed in the Area shall be
allocated as provided in this paragraph.
(2) Jurisdiction of the pueblo.--The Pueblo shall have
jurisdiction over an offense committed by a member of the
Pueblo or of another federally-recognized Indian tribe who is
present in the Area with the permission of the Pueblo under
section __05(a)(4).
(3) Jurisdiction of the united states.--The United States
shall have jurisdiction over--
(A) an offense described in section 1153 of title 18,
United States Code, committed by a member of the Pueblo or
another federally-recognized Indian tribe;
(B) an offense committed by any person in violation of the
laws (including regulations) pertaining to the protection and
management of national forests;
(C) enforcement of Federal criminal laws of general
applicability; and
(D) any other offense committed by a member of the Pueblo
against a person not a member of the Pueblo.
(4) Jurisdiction of the state of new mexico.--The State of
New Mexico shall have jurisdiction over an offense under the
law of the State committed by a person not a member of the
Pueblo.
(5) Overlapping jurisdiction.--To the extent that the
respective allocations of jurisdiction over the Area under
paragraphs (2), (3), and (4) overlap, the governments shall
have concurrent jurisdiction.
(6) Federal use of state law.--Under the jurisdiction of
the United States described in paragraph (3)(D), Federal law
shall incorporate any offense defined and punishable under
State law that is not so defined under Federal law.
(b) Civil Jurisdiction.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the United States, the State of New Mexico, and local
public bodies shall have the same civil adjudicatory,
regulatory, and taxing jurisdiction over the Area as was
exercised by those entities on the day before the date of
enactment of this Act.
(2) Jurisdiction of the pueblo.--
(A) In general.--The Pueblo shall have exclusive civil
adjudicatory jurisdiction over--
(i) a dispute involving only members of the Pueblo;
(ii) a civil action brought by the Pueblo against a member
of the Pueblo; and
(iii) a civil action brought by the Pueblo against a member
of another federally-recognized Indian tribe for a violation
of an understanding between the Pueblo and the other tribe
regarding use of or access to the Area for traditional or
cultural uses.
(B) Regulatory jurisdiction.--The Pueblo shall have no
regulatory jurisdiction over the Area, except that the Pueblo
shall have exclusive authority to--
(i) regulate traditional or cultural uses by the members of
the Pueblo and administer access to the Area by other
federally-recognized Indian tribes for traditional or
cultural uses, to the extent such regulation is consistent
with this title; and
(ii) regulate hunting and trapping in the Area by members
of the Pueblo, to the extent that the hunting or trapping is
related to traditional or cultural uses, except that such
hunting and trapping outside of that portion of the Area in
sections 13, 14, 23, 24, and the northeast quarter of section
25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M.,
Sandoval County, New Mexico, shall be regulated by the Pueblo
in a manner consistent with the regulations of the State of
New Mexico concerning types of weapons and proximity of
hunting and trapping to trails and residences.
(C) Taxing jurisdiction.--The Pueblo shall have no
authority to impose taxes within the Area.
(3) State and local taxing jurisdiction.--The State of New
Mexico and local public bodies shall have no authority within
the Area to tax the uses or the property of the Pueblo,
members of the Pueblo, or members of other federally-
recognized Indian tribes authorized to use the Area under
section __05(a)(4).
SEC. __09. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.
(a) Subdivisions.--
(1) In general.--The subdivisions are excluded from the
Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no civil or criminal
jurisdiction for any purpose, including adjudicatory, taxing,
zoning, regulatory or any other form of jurisdiction, over
the subdivisions and property interests therein, and the laws
of the Pueblo shall not apply to the subdivisions.
(B) State jurisdiction.--The jurisdiction of the State of
New Mexico and local public bodies over the subdivisions and
property interests therein shall continue in effect, except
that on application of the Pueblo a tract comprised of
approximately 35 contiguous, nonsubdivided acres in the
northern section of Evergreen Hills owned in fee by the
Pueblo at the time of enactment of this Act, shall be
transferred to the United States and held in trust for the
Pueblo by the United States and administered by the Secretary
of the Interior.
(3) Limitations on trust land.--Trust land described in
paragraph (2)(B) shall be subject to all limitations on use
pertaining to the Area contained in this title.
(b) Piedra Lisa.--
(1) In general.--The Piedra Lisa tract is excluded from the
Area.
(2) Declaration of trust title.--The Piedra Lisa tract--
(A) shall be transferred to the United States;
(B) is declared to be held in trust for the Pueblo by the
United States; and
(C) shall be administered by the Secretary of the Interior
subject to all limitations on use pertaining to the Area
contained in this title.
(3) Applicability of certain restriction.--The restriction
contained in section __06(a)(4) shall not apply outside of
Forest Service System trails.
(c) Crest Facilities.--
(1) In general.--The land on which the crest facilities are
located is excluded from the Area.
(2) Jurisdiction.--The Pueblo shall have no civil or
criminal jurisdiction for any purpose, including
adjudicatory, taxing, zoning, regulatory or any other form of
jurisdiction, over the land on which the crest facilities are
located and property interests therein, and the laws of the
Pueblo, shall not apply to that land. The preexisting
jurisdictional status of that land shall continue in effect.
(d) Special Use Permit Area.--
(1) In general.--The land described in the special use
permit is excluded from the Area.
(2) Jurisdiction.--
(A) In general.--The Pueblo shall have no civil or criminal
jurisdiction for any purpose, including adjudicatory, taxing,
zoning, regulatory, or any other form of jurisdiction, over
the land described in the special use permit, and the laws of
the Pueblo shall not apply to that land.
(B) Preexisting status.--The preexisting jurisdictional
status of that land shall continue in effect.
(3) Amendment to plan.--In the event the special use
permit, during its existing term or any future terms or
extensions, requires amendment to include other land in the
Area necessary to realign the existing or any future
replacement tram line, associated structures, or facilities,
the land subject to that amendment shall thereafter be
excluded from the Area and shall have the same status under
this title as the land currently described in the special use
permit.
(4) Land dedicated to aerial tramway and related uses.--Any
land dedicated to aerial tramway and related uses and
associated facilities that are excluded from the special use
permit through expiration, termination or the amendment
process shall thereafter be included in the Area, but only
after final agency action no longer subject to any appeals.
(e) La Luz Tract.--
(1) In general.--The La Luz tract now owned in fee by the
Pueblo is excluded from the Area and, on application by the
Pueblo, shall be transferred to the United States and held in
trust for the Pueblo by the United States and administered by
the Secretary of the Interior subject to all limitations on
use pertaining to the Area contained in this title.
(2) Nonapplicability of certain restriction.--The
restriction contained in section __06(a)(4) shall not apply
outside of Forest Service System trails.
(f) Evergreen Hills Access.--The Secretary shall ensure
that Forest Service Road 333D, as depicted on the map, is
maintained in an adequate condition in accordance with
section 1323(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3210(a)).
(g) Pueblo Fee Land.--Those properties not specifically
addressed in subsections (a) or (e) that are owned in fee by
the Pueblo within the subdivisions are excluded from the Area
and shall be subject to the jurisdictional provisions of
subsection (a).
(h) Rights-of-Way.--
(1) Road rights-of-way.--
(A) In general.--In accordance with the Pueblo having given
its consent in the Settlement Agreement, the Secretary of the
Interior shall grant to the County of Bernalillo, New Mexico,
in perpetuity, the following irrevocable rights-of-way for
roads identified on the map in order to provide for public
access to the subdivisions, the special use permit land and
facilities, the other leasehold and easement rights and
interests of the Sandia Peak Tram Company and its affiliates,
the Sandia Heights South Subdivision, and the Area--
(i) a right-of-way for Tramway Road;
(ii) a right-of-way for Juniper Hill Road North;
(iii) a right-of-way for Juniper Hill Road South;
[[Page S1284]]
(iv) a right-of-way for Sandia Heights Road; and
(v) a right-of-way for Juan Tabo Canyon Road (Forest Road
No. 333).
(B) Conditions.--The road rights-of-way shall be subject to
the following conditions:
(i) Such rights-of-way may not be expanded or otherwise
modified without the Pueblo's written consent, but road
maintenance to the rights-of-way shall not be subject to
Pueblo consent.
(ii) The rights-of-way shall not authorize uses for any
purpose other than roads without the Pueblo's written
consent.
(iii) Except as provided in the Settlement Agreement,
existing rights-of-way or leasehold interests and obligations
held by the Sandia Peak Tram Company and its affiliates,
shall be preserved, protected, and unaffected by this title.
(2) Utility rights-of-way.--In accordance with the Pueblo
having given its consent in the Settlement Agreement, the
Secretary of the Interior shall grant irrevocable utility
rights-of-way in perpetuity across Pueblo land to appropriate
utility or other service providers serving Sandia Heights
Addition, Sandia Heights North Units I, II, and 3, the
special use permit land, Tierra Monte, and Valley View Acres,
including rights-of-way for natural gas, power, water,
telecommunications, and cable television services. Such
rights-of-way shall be within existing utility corridors as
depicted on the map or, for certain water lines, as described
in the existing grant of easement to the Sandia Peak Utility
Company; provided that use of water line easements outside
the utility corridors depicted on the map shall not be used
for utility purposes other than water lines and associated
facilities. Except where above-ground facilities already
exist, all new utility facilities shall be installed
underground unless the Pueblo agrees otherwise. To the extent
that enlargement of existing utility corridors is required
for any technologically-advanced telecommunication,
television, or utility services, the Pueblo shall not
unreasonably withhold agreement to a reasonable enlargement
of the easements described above.
(3) Forest service rights-of-way.--In accordance with the
Pueblo having given its consent in the Settlement Agreement,
the Secretary of the Interior shall grant to the Forest
Service the following irrevocable rights-of-way in perpetuity
for Forest Service trails crossing land of the Pueblo in
order to provide for public access to the Area and through
Pueblo land--
(A) a right-of-way for a portion of the Crest Spur Trail
(Trail No. 84), crossing a portion of the La Luz tract, as
identified on the map;
(B) a right-of-way for the extension of the Foothills Trail
(Trail No. 365A), as identified on the map; and
(C) a right-of-way for that portion of the Piedra Lisa
North-South Trail (Trail No. 135) crossing the Piedra Lisa
tract.
SEC. __10. EXTINGUISHMENT OF CLAIMS.
(a) In General.--Except for the rights and interests in and
to the Area specifically recognized in sections __04, __05,
__07, __08, and __09, all Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
land within the Area, any part thereof, and property
interests therein, as well as related boundary, survey,
trespass, and monetary damage claims, are permanently
extinguished. The United States' title to the Area is
confirmed.
(b) Subdivisions.--Any Pueblo claims to right, title and
interest of any kind, including aboriginal claims, in and to
the subdivisions and property interests therein (except for
land owned in fee by the Pueblo as of the date of enactment
of this Act), as well as related boundary, survey, trespass,
and monetary damage claims, are permanently extinguished.
(c) Special Use and Crest Facilities Areas.--Any Pueblo
right, title and interest of any kind, including aboriginal
claims, and related boundary, survey, trespass, and monetary
damage claims, are permanently extinguished in and to--
(1) the land described in the special use permit; and
(2) the land on which the crest facilities are located.
(d) Pueblo Agreement.--As provided in the Settlement
Agreement, the Pueblo has agreed to the relinquishment and
extinguishment of those claims, rights, titles and interests
extinguished pursuant to subsection (a), (b) and (c).
(e) Consideration.--The recognition of the Pueblo's rights
and interests in this title constitutes adequate
consideration for the Pueblo's agreement to the
extinguishment of the Pueblo's claims in this section and the
right-of-way grants contained in section __09, and it is the
intent of Congress that those rights and interests may only
be diminished by a future Act of Congress specifically
authorizing diminishment of such rights, with express
reference to this title.
SEC. __11. CONSTRUCTION.
(a) Strict Construction.--This title recognizes only
enumerated rights and interests, and no additional rights,
interests, obligations, or duties shall be created by
implication.
(b) Existing Rights.--To the extent there exist within the
Area as of the date of enactment of this Act any valid
private property rights associated with private land that are
not otherwise addressed in this title, such rights are not
modified or otherwise affected by this title, nor is the
exercise of any such right subject to the Pueblo's right to
withhold consent to new uses in the Area as set forth in
section __05(a)(3)(A).
(c) Not Precedent.--The provisions of this title creating
certain rights and interests in the National Forest System
are uniquely suited to resolve the Pueblo's claim and the
geographic and societal situation involved, and shall not be
construed as precedent for any other situation involving
management of the National Forest System.
(d) Fish and Wildlife.--Except as provided in section
__08(b)(2)(B), nothing in this title shall be construed as
affecting the responsibilities of the State of New Mexico
with respect to fish and wildlife, including the regulation
of hunting, fishing, or trapping within the Area.
(e) Federal Land Policy and Management Act.--Section 316 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1746) is amended by adding at the end the following: ``Any
corrections authorized by this section which affect the
boundaries of, or jurisdiction over, land administered by
another Federal agency shall be made only after consultation
with, and the approval of, the head of such other agency.''
SEC. __12. JUDICIAL REVIEW.
(a) Enforcement.--A civil action to enforce the provisions
of this title may be brought to the extent permitted under
chapter 7 of title 5, United States Code. Judicial review
shall be based on the administrative record and subject to
the applicable standard of review set forth in section 706 of
title 5, United States Code.
(b) Waiver.--A civil action may be brought against the
Pueblo for declaratory judgment or injunctive relief under
this title, but no money damages, including costs or
attorney's fees, may be imposed on the Pueblo as a result of
such judicial action.
(c) Venue.--Venue for any civil action provided for in this
section, as well as any civil action to contest the
constitutionality of this title, shall lie only in the United
States District Court for the District of New Mexico.
SEC. __13. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND
EXCHANGE.
(a) Contributions.--
(1) In general.--The Secretary may accept contributions
from the Pueblo, or from other persons or governmental
entities--
(A) to perform and complete a survey of the Area; or
(B) to carry out any other project or activity for the
benefit of the Area in accordance with this title.
(2) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete the
survey of the Area under paragraph (1)(A).
(b) Land Exchange.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, after consultation with the Pueblo,
the Secretary shall, in accordance with applicable laws,
prepare and offer a land exchange of National Forest land
outside the Area and contiguous to the northern boundary of
the Pueblo's Reservation within sections 10, 11, and 14 of
T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding
wilderness land, for land owned by the Pueblo in the
Evergreen Hills subdivision in Sandoval County contiguous to
National Forest land, and the La Luz tract in Bernalillo
County.
(2) Acceptance of payment.--Notwithstanding section 206(b)
of the Federal Land Policy and Management Act (43 U.S.C.
1716(b)), the Secretary may either make or accept a cash
equalization payment in excess of 25 percent of the total
value of the land or interests transferred out of Federal
ownership.
(3) Funds received.--Any funds received by the Secretary as
a result of the exchange shall be deposited in the fund
established under the Act of December 4, 1967, known as the
Sisk Act (16 U.S.C. 484a), and shall be available to purchase
non-Federal land within or adjacent to the National Forests
in the State of New Mexico.
(4) Treatment of land exchanged or conveyed.--All land
exchanged or conveyed to the Pueblo is declared to be held in
trust for the Pueblo by the United States and added to the
Pueblo's Reservation subject to all existing and outstanding
rights and shall remain in its natural state and shall not be
subject to commercial development of any kind. Land exchanged
or conveyed to the Forest Service shall be subject to all
limitations on use pertaining to the Area under this title.
(5) Failure to make offer.--If the land exchange offer is
not made by the date that is 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives, a report explaining the
reasons for the failure to make the offer including an
assessment of the need for any additional legislation that
may be necessary for the exchange. If additional legislation
is not necessary, the Secretary, consistent with this
section, should proceed with the exchange pursuant to
existing law.
(c) Land Acquisition and Other Compensation.--
(1) In general.--The Secretary may acquire land owned by
the Pueblo within the Evergreen Hills Subdivision in Sandoval
County or any other privately held land inside of the
exterior boundaries of the Area. The boundaries of the Cibola
National Forest
[[Page S1285]]
and the Area shall be adjusted to encompass any land acquired
pursuant to this section.
(2) Piedra lisa tract.--Subject to the availability of
appropriations, the Secretary shall compensate the Pueblo for
the fair market value of--
(A) the right-of-way established pursuant to section
__09(h)(3)(C); and
(B) the conservation easement established by the
limitations on use of the Piedra Lisa tract pursuant to
section __09(b)(2).
(d) Reimbursement of Certain Costs.--
(1) In general.--The Pueblo, the County of Bernalillo, New
Mexico, and any person that owns or has owned property inside
of the exterior boundaries of the Area as designated on the
map, and who has incurred actual and direct costs as a result
of participating in the case of Pueblo of Sandia v. Babbitt,
Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly
related to resolving the issues litigated in that case, may
apply for reimbursement in accordance with this section.
Costs directly related to such participation which shall
qualify for reimbursement shall be--
(A) dues or payments to a homeowner association for the
purpose of legal representation; and
(B) legal fees and related expenses.
(2) Treatment of reimbursement.--Any reimbursement provided
in this subsection shall be in lieu of that which might
otherwise be available pursuant to the Equal Access to
Justice Act (24 U.S.C. 2412).
(3) Payments.--The Secretary of the Treasury shall make
reimbursement payments as provided in this section out of any
money not otherwise appropriated as provided in advance in
appropriations acts.
(4) Applications.--Not later than 180 days after the date
of enactment of this Act, applications for reimbursement
shall be filed with the Department of the Treasury, Financial
Management Service, Washington, D.C.
(5) Maximum reimbursement.--
(A) In general.--No party shall be reimbursed in excess of
$750,000 under this section, and the total amount reimbursed
in accordance with this section shall not exceed $3,000,000.
SEC. __14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title, including such sums as are
necessary for the Forest Service to carry out
responsibilities of the Forest Service in accordance with
section __13(c).
SEC. __15. EFFECTIVE DATE.
The provisions of this title shall take effect immediately
on enactment of this Act.
______
SA 159 Mr. STEVENS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 237, at the end of line 15, insert the following:
``Such amount shall be made available as a direct lump sum
payment to the Alaska Fisheries Marketing Board (hereinafter
`Board') which is hereby established to award grants to
market, develop, and promote Alaska seafood and improve
related technology and transportation with emphasis on wild
salmon, of which 20 percent shall be transferred to the
Alaska Seafood Marketing Institute. The Board shall be
transferred to the Alaska Seafood Marketing Institute. The
Board shall be appointed by the Secretary of Commerce and
shall be administered by an Executive Director to be
appointed by the Secretary. The Board shall submit an annual
report to the Secretary detailing the expenditures of the
board.''
______
SA 160. Mr. STEVENS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table, as follows:
On page 183, line 25, insert the following after
``contributions.'': ``Such amounts shall be subject only to
conditions and requirements required by the Maritime
Administration.''
______
SA 161. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 295 at the end of line 24 insert the following new
section:
``Sec. 3XX. None of the funds appropriated by this or any
other Act may be used to defer, deobligate, withdraw to
headquarters, reserve for contemplated future rescissions, or
otherwise adversely affect the planned and continuing
expenditure of funds previously made available for Cerro
Grande Fire Activities in P.L. 106-246 and P.L. 106-377.
______
SA 162. Mr. FITZGERALD (for himself, Mrs. Clinton, and Mrs. Dole)
submitted an amendment intended to be proposed by him to the joint
resolution H.J. Res. 2, making further continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
On page 335, line 10, before the period at the end of the
line insert the following: ``Provided further, That funds
appropriated under this heading may be made available for a
headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and
so reports to the appropriate committees of Congress) that
the Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red
Cross and Red Crescent Movement''.
______
SA 163. Mr. FITZGERALD submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Strike section 741.
______
SA 164. Mr. SPECTER submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert:
SEC. 641. MODIFICATION OF FUNDING REQUIREMENTS FOR CERTAIN
PLANS.
(a) Funding Rules for Certain Plans.--
(1) In general.--Notwithstanding any other provision of the
Internal Revenue Code of 1986 or the Employee Retirement
Income Security Act of 1974, the minimum funding rules under
paragraph (2) shall apply for any plan year beginning after
December 31, 2002, in the case of a defined benefit plan
which--
(A) was established by an air carrier which was granted a
conditional loan guarantee by the Air Transport Stabilization
Board on July 10, 2002, and which filed for protection under
chapter 11 of title 11, United States Code, on August 11,
2002, and
(B) is maintained for the benefit of such carrier's
employees pursuant to a collective bargaining agreement.
(2) Special funding rule.--
(A) In general.--In the case of a plan described in
paragraph (1), the minimum funding requirements under this
paragraph shall be the requirements set forth in Treasury
Regulation section 1.412(c)(1)-3 (as in effect on the date of
the enactment of this section).
(B) Rules of special application.--In applying the
requirements of Treasury Regulation section 1.412(c)(1)-3 for
purposes of paragraph (1)--
(i) the plan shall be treated as having met the
requirements of Treasury Regulation section 1.412(c)(1)-
3(a)(2),
(ii) the payment schedules shall be determined--
(I) by using the maximum amortization period permitted
under section 1.412(c)(1)-3, and
(II) on the basis of the actuarial valuation of the accrued
liability and the current liability of the plan as of January
1, 2003, less the actuarial value of the plan assets on that
date,
(iii) the payments under a restoration payment schedule
shall be made in level amounts over the payment period, and
(iv) the actuarial value of assets shall be the fair market
value of such assets as of January 1, 2003, with prospective
investment returns in excess of or less than the assumed
return phased in over 5 years.
(b) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2002.
______
SA 165. Mr. BYRD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 641, line 10, insert ``President Pro Tempore
emeritus, $7,500;'' before ``Chairmen of the Majority and
Minority Conference Committees''.
On page 641, line 13, strike ``$120,000'' and insert
``$127,500''.
On page 641, line 22, strike ``$116,891,000'' and insert
``$117,041,000''.
On page 642, between lines 3 and 4, insert:
office of the president pro tempore emeritus
For the Office of the President Pro Tempore emeritus,
$150,000.
On page 645, line 2, strike ``$18,513,000'' and insert
``$18,355,500''.
On page 650, between lines 23 and 24, insert:
SEC. 8. OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS OF THE
SENATE.
(a) Establishment.--There is established the Office of the
President pro tempore emeritus of the Senate.
(b) Designation.--Any Member of the Senate who--
(1) is designated by the Senate as the President pro
tempore emeritus of the United States Senate; and
(2) is serving as a Member of the Senate,
shall be the President pro tempore emeritus of the United
States Senate.
(c) Appointment and Compensation of Employees.--The
President pro tempore emeritus is authorized to appoint and
fix the compensation of such employees as the President
[[Page S1286]]
pro tempore emeritus determines appropriate.
(d) Expense Allowance.--There is authorized an expense
allowance for the President pro tempore emeritus which shall
not exceed $7,500 each fiscal year. The President pro tempore
emeritus may receive the expense allowance (1) as
reimbursement for actual expenses incurred upon certification
and documentation of such expenses by the President pro
tempore emeritus, or (2) in equal monthly payments. Such
amounts paid to the President pro tempore emeritus as
reimbursement of actual expenses incurred upon certification
and documentation under this subsection, shall not be
reported as income, and the expenses so reimbursed shall not
be allowed as a deduction under the Internal Revenue Code of
1986.
(e) Effective Date.--This section shall take effect on the
date of enactment of this Act and shall apply only with
respect to the 108th Congress.
______
SA 166. Mr. BYRD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 713, strike line 23 and all that follows through
page 714, line 3, and insert the following:
Sec. 209. United States-China Economic and Security Review
Commission.
(a) Appropriations.--There are appropriated, out of any
funds in the Treasury not otherwise appropriated, $1,800,000,
to remain available until expended, to the United States-
China Economic and Security Review Commission.
(b) Name Change.--
(1) In general.--Section 1238 of the Floyd D. Spence
National Defense Authorization Act of 2001 (22 U.S.C. 7002)
is amended--
(A) in the section heading by inserting ``ECONOMIC AND''
before ``SECURITY'';
(B) in subsection (a)--
(i) in paragraph (1), by inserting ``Economic and'' before
``Security''; and
(ii) in paragraph (2), by inserting ``Economic and'' before
``Security'';
(C) in subsection (b)--
(i) in the subsection heading, by inserting ``Economic
and'' before ``Security'';
(ii) in paragraph (1), by inserting ``Economic and'' before
``Security'';
(iii) in paragraph (3)--
(I) in the matter preceding subparagraph (A), by inserting
``Economic and'' before ''Security''; and
(II) in subparagraph (H), by inserting ``Economic and''
before ``Security''; and
(iv) in paragraph (4), by inserting ``Economic and'' before
``Security'' each place it appears; and
(D) in subsection (e)--
(i) in paragraph (1), by inserting ``Economic and'' before
``Security'';
(ii) in paragraph (2), by inserting ``Economic and'' before
``Security'';
(iii) in paragraph (3)--
(I) in the first sentence, by inserting ``Economic and''
before ``Security''; and
(II) in the second sentence, by inserting ``Economic and''
before ``Security'';
(iv) in paragraph (4), by inserting ``Economic and'' before
``Security''; and
(v) in paragraph (6), by inserting ``Economic and'' before
``Security'' each place it appears.
(2) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or relating to the United
States-China Security Review Commission shall be deemed to
refer to the United States-China Economic and Security Review
Commission.
(c) Membership and Terms.--
(1) In general.--Section 1238(b)(3) of the Floyd D. Spencer
National Defense Authorization Act of 2001 (22 U.S.C. 7002)
is amended--
(A) in the matter preceding subparagraph (A), by striking
``12 members'' and inserting ``8 members''; and
(B) by striking subparagraph (F) and inserting the
following:
``(F) each appointing authority referred to under
subparagraphs (A) through (D) of this paragraph shall--
``(i) appoint 2 members to the Commission;
``(ii) make the 2 appointments with respect to the 108th
Congress on a staggered term basis, such that--
``(I) 1 appointment shall be for a term expiring on
December 31, 2003; and
``(II) 1 appointment shall be for a term expiring on
December 31, 2004;
``(iii) make all appointments with respect to the 109th
Congress, and each subsequent Congress, on an approximate 2-
year term basis to expire on December 31 of the applicable
year; and
``(iv) make appointments not later than 30 days after the
date on which each new Congress convenes;''.
(2) Effective date.--This subsection shall take effect on
the date of enactment of this Act.
______
SA 167. Mr. BYRD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place insert the following:
SEC. . TREATMENT OF ABANDONED MINE RECLAMATION FUND
INTEREST.
(a) In General.--Notwithstanding any other provision of
law, any interest credited to the fund established by section
401 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1231) shall be transferred to the Combined Fund
identified in section 402(h)(2) of such Act (30 U.S.C.
1232(h)(2)), up to such amount as is estimated by the
trustees of such Combined Fund to offset the amount of any
deficit in net assets in the Combined Fund.
(b) Prohibition on Other Transfers.--Except as provided in
subsection (a), no principal amounts in or credited to the
fund established by section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) may be
transferred to the Combine Fund identified in section
402(h)(2) of such Act (30 U.S.C. 1232(h)(2)).
(c) Limitation.--This section shall cease to have any force
and effect after September 30, 2004.
______
SA 168. Mr. BYRD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
For additional amounts for grants to state and local health
departments to support activities related to immunizing first
responders against smallpox, $850,000,000: Proivded, That
this amount is transferred to the Centers for Disease Control
and Prevention.
______
SA 169. Mr. BYRD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the joint resolution insert the
following:
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$363,000,000, to remain available until expended, only for
the Entry Exit System, to be managed by the Justice
Management Division: Provided, That none of the funds
appropriated in this Act, or in Public Law 107-117, for the
Immigration and Naturalization Service's Entry Exist System
may be obligated until the INS submits a plan for expenditure
that: (1) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including OMB Circular A-11, part 3; (2) complies
with the acquisition rules, requirements, guidelines, and
systems acquisition management practices of the Federal
Government; (3) is reviewed by the General Accounting Office;
and (4) has been approved by the Committees on
Appropriations: Proivded further, That funds provided under
this heading shall only be available for obligation and
expenditure in accordance with the procedures applicable to
reprogramming notifications set forth in section 605 of
Public Law 107-77.
______
SA 170. Mr. BYRD submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the joint resolution insert the
following:
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security administration
weapons activities
For an additional amount for ``Weapons Activities'' for
emergency expenses, $150,000,000: Provided, That $25,000,000
of the funds provided shall be available for secure
transportation asset activities: Provided further, That
$35,000,000 shall be available for construction and
renovation activities at the National Center for Combating
Terrorism: Provided further, That $90,000,000 of the funds
provided shall be available to meet increased safeguard and
security needs throughout the nuclear weapons complex,
including at least $25,000,000 for cyber security.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Other Defense Activities
For an additional amount for ``Other Defense Activities''
for emergency expenses needed to conduct critical
infrastructure assessments at critical energy supply
facilities nationwide, $50,000,000, to remain available until
expended: Provided, That $25,000,000 of the funds made
available shall be provided to the National Infrastructure
Simulation and Analysis Center: Provided further, That
$25,000,000 of the funds made available shall be provided to
the National Energy Technology Laboratory.
______
SA 171. Mr. BYRD submitted an amendment intended to be proposed by
[[Page S1287]]
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in the joint resolution insert the
following:
DIVISION __--HOMELAND SECURITY
SUPPLEMENTAL APPROPRIATIONS
DEPARTMENT OF TRANSPORTATION
Transportation Security Administration
SALARIES AND EXPENSES
For additional amounts for necessary expenses of the
Transportation Security Administration related to
transportation security services pursuant to Public Law 107-
71, $620,000,000, to remain available until September 30,
2004, of which $500,000,000 shall be available for port
security grants for the purpose of implementing the
provisions of the Maritime Transportation Security Act, and
$120,000,000 shall be available for Operation Safe Commerce.
DEPARTMENT OF THE TREASURY
United States Customs Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$47,000,000 for the Container Security Initiative.
______
SA 172. Ms. LANDRIEU (for herself and Ms. Snowe) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res.2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 397, line 12, delete all after ``Fund'',`` through
opportunities'' on line 17, and insert in lieu thereof:
not less than $8,000,000 shall be made available for programs
to support women's development in Afghanistan, including
girl's and women's education, health, legal and social
rights, economic opportunities, and political participation:
Provided further, That of the funds provided in the previous
proviso, $5,000,000 shall be made available to support
activities directed by Afghan Ministry of Women's Affairs
including the establishment of women's resource centers
throughout Afghanistan, and not less than $1,500,000 should
be made available to support activities of the National Human
Rights Commission of Afghanistan: Provided further, That one
year after the date of enactment of this Act, the Secretary
of State shall submit a report to the appropriate
congressional committees that details women's development
programs in Afghanistan supported by the United States
Government, and barriers that impede he development of women
in Afghanistan
______
SA 173. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 59, line 14, insert before the period the
following: ``: Provided further, That notwithstanding any
other provision of this Act, the amount, excluding the amount
of user fees appropriated, that is appropriated for devices
and radiological products under the salaries and expenses
account of the Food and Drug Administration is increased to
$205,720,000: Provided further, That amounts made available
under this Act for the administrative and related expenses
for departmental management for the Department of Health and
Human Services shall be reduced on pro rata basis by the
amount necessary to increase such amount to $205,720,000''.
______
SA 174. Mr. AKAKA (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
Sec. . Sense of Congress on Pay Parity.--It is the sense
of Congress that there should be parity between the
adjustments in the compensation of members of the uniformed
services and the adjustments in the compensation of civilian
employees of the United States, including blue collar Federal
employees paid under the Federal Wage system.
______
SA 175. Mr. SCHUMER submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 93, line 1, strike ``$3,927,587,000'' and insert
``$4,202,587,000 (which amount shall not be subject to
reduction by any other provision of this Act, including
section 601)''.
On page 99, line 17, strike ``$1,368,415,000'' and insert
``$1,827,715,000 (which amount shall not be subject to
reduction by any other provision of this Act, including
section 601)''.
On page 105, line 19, before the period, insert the
following: ``Provided further, That, notwithstanding any
other provision of this Act, including section 601, the total
amount appropriated under this heading for the Weed and Seed
Program Fund shall not be reduced''.
On page 106, line 12, before the period, insert the
following: ``Provided further, That, notwithstanding any
other provision of this Act, including section 601, the total
amount appropriated under this heading for Community Oriented
Policing Services shall not be reduced''.
On page 111, line 20, before the period, insert the
following: ``Provided further, That, notwithstanding any
other provision of this Act, including section 601, the total
amount appropriated under this heading for the Juvenile
Justice Programs shall not be reduced''.
______
SA 176. Mr. SCHUMER (for himself, Mr. Graham of Florida, Mr. Kennedy,
Mr. Reid, Mrs. Clinton, Mr. Johnson, Mr. Conrad, Mr. Kerry, Mr.
Daschle, Mr. Jeffords, Ms. Landrieu, and Mr. Leahy) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 898, before the period at the end of line 21,
insert the following: ``: Provided, further, That,
notwithstanding any other provision of this Act, the total
amount appropriated for fiscal year 2003 for the Veterans
Health Administration for medical care is $23,889,304,000''.
______
SA 177. Mr. SCHUMER (for himself, Ms. Mikulski, Mr. Smith, Mr.
Kennedy, Mr. Sarbanes, Mrs. Murray, Mr. Lautenberg, Ms. Cantwell, and
Mrs. Clinton) submitted an amendment intended to be proposed by him to
the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in title II of division G, insert
the following:
Sec. __. (a) In General.--In addition to amounts otherwise
appropriated under this Act to carry out programs and
activities under title XXVI of the Public Health Service Act
(42 U.S.C. 300ff-11 et seq.), there are appropriated an
additional--
(1) $33,500,000 to carry out part A of such title XXVI (42
U.S.C. 300ff-11 et seq.);
(2) $32,400,000 to carry out part B of such title XXVI (42
U.S.C. 300ff-21 et seq.);
(3) $62,000,000 to carry out State AIDS Drug Assistance
Programs under section 2616 of such title XXVI (42 U.S.C.
300ff-26);
(4) $8,300,000 to carry out part C of such title XXVI (42
U.S.C. 300ff-51 et seq.);
(5) $15,000,000 to carry out part D of such title XXVI (42
U.S.C. 300ff-71 et seq.);
(6) $9,705,000 to carry out section 2692(a) of such title
XXVI (42 U.S.C. 300ff-111(a)); and
(7) $3,500,000 to carry out section 2692(b) of such title
XXVI (42 U.S.C. 300ff-111(b)).
(b) Reduction in Administrative Accounts.--Amounts made
available under this Act for the administrative and related
expenses for departmental management for the Department of
Health and Human Services shall be reduced on pro rata basis
by $164,405,000.
______
SA. 178. Mr. NELSON of Florida (for himself, Mr. Daschle, and Mr.
Leahy) submitted an amendment intended to be proposed by him to the
joint resolution H.J. Res. 2, making further continuing appropriations
for the fiscal year 2003, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
Sec.__. In addition to amounts appropriated by this Act
under the heading ``Public Law 480 Title II Grants'', there
is appropriated, out of funds in the Treasury not otherwise
appropriated, $600,000,000 for assistance for emergency
relief activities: Provided, That the amount appropriated
under this section shall remain available through September
30, 2004.
______
SA 179. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows;
On page 29 line 11 strike the period and insert the
following:
: Provided,
(a) Whereas, the Commodity Credit corporation (CCC) is a
Government owned and operated entity that was created to
stabilize, support, and protect farm income and prices;
(b) Whereas, CCC was incorporated on October 17, 1933,
under a Delaware charter. On July 1, 1939, CCC was
transferred to the United States Department of Agriculture
(USDA). It was reincorporated on July 1, 1948, as a Federal
corporation within USDA by the Commodity Credit Corporation
Charter Act (62 Stat. 1070; 15 U.S.C. 174);
(c) Whereas, the mission of the CCC has expanded over time:
[[Page S1288]]
(1) Pursuant to section 2701 of the Farm Security and Rural
Investment Act of 2002 (Pub. L. 107-171), the officer and
directors of CCC have a responsibility to use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out the conservation reserve program
(CRP); the wetlands reserve program (WRP); the conservation
security program (CSP); the grassland reserve program (GRP);
the environmental quality incentives program (EQIP); and the
wildlife habitat incentives program (WHIP), including the
provision of technical assistance; and
(2) Pursuant to section 1601 of the Farm Security and Rural
Investment Act of 2002 (Pub. L. 107-171) the officers and
directors of CCC have a responsibility to use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out Title I of the Act;
(d) Whereas, CCC is managed by a Board of Directors,
subject to the general supervision and direction of the
Secretary of Agriculture, who is an ex-officio director and
chairperson of the Board. The Board consists of seven
members, in addition to the Secretary, who are appointed by
the President of the United States by and with the advice and
consent of the Senate. All members of the Board and
Corporation officers are USDA officials;
(e) Whereas, CCC has in the past requested other agencies
to assist it in the conduct of its business and reimbursed
them for their administrative expenses under the authority
granted to it by section 11 of the CCC Charter Act. For
example:
(1) CCC's price support, storage, and reserve programs, and
its domestic acquisition and disposal activities have been
carried out primarily through the personnel and facilities of
the Farm Service Agency (FSA).
(2) The Agricultural Marketing Service (AMS) occasionally
uses CCC authority to acquire various commodities for
domestic and foreign food assistance programs.
(3) Export sales and foreign assistance disposal of CCC-
controlled stocks have been administered through the General
Sales Manager of the Foreign Agricultural Service (FAS).
(4) The Natural Resources Conservation Service has
administered several conservation programs under the auspices
of CCC;
(f) Whereas, in 1996 section 11 of the CCC Charter Act was
amended to limit reimbursements by CCC to other agencies in
the performance of any part or all of the functions of the
CCC;
(g) Whereas, section 10 of the CCC Charter Act mandates
that the Secretary appoint such officers and employees of the
CCC as may be necessary for the conduct of business of the
Corporation. Expenditures of the Corporation under this
section are not subject to the section 11 cap on
reimbursements to other agencies;
(h) The Secretary is directed to exercise her authority
under section 10 of the CCC Charter Act and appoint such
officers and employees of the CCC as may be necessary for the
conduct of business of the Corporation if the Secretary
determines that the total amount of funds available under
section 11 of the CCC Charter Act are not sufficient to allow
other agencies to carry out the functions of the CCC.
______
SA 180. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1027, strike line 6 and all that follows through
page 1032, line 8.
______
SA 181. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following: ``No funds
appropriated under this Act may be used in a manner
inconsistent with Executive Orders 12873, 13101, 13123,
13148, 13149, and 13221.''
______
SA 182. Mr. Kennedy submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 59, line 14, insert before the period the
following: ``: Provided further, That an additional
$7,866,000 shall be appropriated for the Food and Drug
Administration and shall be made available for the review of
medical devices, and such amount shall be in addition to any
other amounts appropriated in this Act for such activities:
Provided further, that amounts made available under this Act
for the administrative and related expenses for departmental
management of the Department of Agriculture shall be reduced
on pro rata basis by $7,866,000''.
______
SA 183. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 59, line 14, insert before the period the
following: ``: Provided further, That an additional
$7,866,000 shall be appropriated for the Food and Drug
Administration and shall be made available for the review of
medical devices, and such amount shall be in addition to any
other amounts appropriated in this Act for such activities:
Provided further, that amounts made available under this Act
for the administrative and related expenses for departmental
management for the Department of Health and Human Services
shall be reduced on pro rata basis by $7,866,000''.
______
SA 184. Mr. KENNEDY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 59, line 14, insert before the period the
following: ``: Provided further, That an additional
$13,603,766 shall be appropriated for the Food and Drug
Administration and shall be made available for the review of
medical devices, and such amount shall be in addition to any
other amounts appropriated in this Act for such activities:
Provided further, that amounts made available under this Act
for the administrative and related expenses for departmental
management of the Department of Agriculture shall be reduced
on pro rata basis by $13,603,766''.
______
SA 185. Mr. BOND submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations by the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 988, after line 23, insert the following provision:
``The Environmental Protection Agency is directed to submit
a report no later that February 15, 2004 on the practices and
procedures by which States develop separate emission
standards, including standards for nonroad engines or
vehicles, as compared to the development by Environmental
Protection Agency of national emission standards under the
Clean Air Act. This report shall include an assessment of the
procedures, practices, standards and requirements used by
States as opposed to those used by Environmental Protection
Agency, including how States and the Environmental Protection
Agency take into account technological feasibility, economic
feasibility, impact on the economy, costs, safety, noise and
energy factors associated in the development of these
standards.''.
______
SA 186. Mr. BOND submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, between lines 8 and 9, insert the following:
SEC. 1__. MISSOURI RIVER.
None of the funds made available by this Act may be used by
the United States Fish and Wildlife Service--
(1) to require the Corps of Engineers to implement a steady
release flow schedule for the Missouri River; or
(2) to prevent the Corps of Engineers from relocating bird
nests along the Missouri River.
______
SA 187. Mr. LEAHY submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 308, line 10, strike ``supports or'' and ``the
management of a program of''
On page 347, line 4, after the colon, insert:
Provided further, That of the funds appropriated under this
heading, not less than $35,000,000 shall be made available
for the United Nations Populations Fund:
On page 347, line 7, strike ``if'' and insert in lieu
thereof:
unless
On page 347, line 8, strike ``no longer supports or''
On page 347, line 9, strike ``the management of a program
of''
On page 365, line 4, before the period insert the
following:
Provided further, That of the funds appropriated under title
II of this Act, not less than $435,000,000 shall be made
available for family planning/reproductive health''
On page 424, line 13, insert the following new section:
REQUIREMENTS RELATED TO PRIVATE ORGANIZATIONS
Sec. 585. Notwithstanding any other provisions of law,
regulation, or policy, in determining eligibility for
assistance authorized under part I or the Foreign Assistance
Act of 1961, foreign private organizations shall be subject
to only those requirements relating to the use of non-United
States Government funds for advocacy and lobbying activities
that apply to United States private organizations receiving
assistance under part I of such Act.
______
SA 188. Mr. DODD submitted an amendment intended to be proposed by
[[Page S1289]]
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 589, line 17, strike ``$8,648,884,000'' and insert
``$8,848,884,000''.
On page 589, line 23, strike ``$6,667,533,000'' and insert
``$6,867,533,000''.
______
SA 189. Mr. INOUYE submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. NEW ELECTRIC UTILITY ENTITIES SERVING EXTREMELY
HIGH-COST COMMUNITIES.
(a) In General.--Section 19 of the Rural Electrification
Act of 193 (7 U.S.C. 918a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Acquisition by Consumer-Owned Entities of Assets of
an Electric Utility.--A consumer-owned entity that acquires
the assets of an electric utility providing electricity to
residential customers at a rate exceeding 18 cents per
kilowatt hour shall be eligible to receive a grant under
subsection (a) for the purposes of--
``(1) paying any transaction, transition, or other
organizational costs associated with the acquisition; and
``(2) if the Secretary determines that relocation and
refurbishment of any generation asset of the electric utility
will enhance efforts to reduce overall electric costs in the
community served, paying the costs of relocation and
refurbishment.''.
(b) Applicability of Amendment.--The amendment made by
subsection (a) applies to a consumer-owned entity that
acquires the assets of an electric utility on or after the
date that is 2 years before the date of enactment of this
Act.
______
SA 190. Mrs. BOXER. (for herself and Mr. Dorgan) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
203, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. . SALARIES.
No funds shall be used to pay any federal employee or any
employee, member or chairperson of any federal commission,
board, committee, or council an annual salary in excess of
the annual salary of the President of the United States.
______
SA 191. Mr. BREAUX (for himself and Ms. Landrieu) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 1051, line 7, strike ``access.'' and insert
``access; and
``(3) $3,000,000 shall be made available to the oyster
industry in the State of Louisiana for economic assistance to
the oyster fishery affected by Hurricane Isidore, and
Hurricane Lili: Provided, That such funds may be used only
for (A) personal assistance with priority given to food,
energy needs, housing assistance, transportation fuel, and
other urgent needs; (B) assistance for small businesses
including oystermen, oyster processors, and related
businesses serving the oyster industry; (C) domestic product
marketing and seafood promotion; and (D) State seafood
testing programs.
______
SA 192. Mr. LAUTENBERG (for himself, Mrs. Boxer, and Mr. Kennedy)
submitted an amendment intended to be proposed by him to the joint
resolution H.J. Res. 2, making further continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
On page 982, strike lines 21 through 25 and insert the
following:
per project; $1,500,000,000, to remain available until
expended, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (Public Law 99-
499; 100 Stat. 1613),
______
SA 193. Mr. JEFFORDS (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 260, line 9, before the colon, insert the
following: ``, and that the Corps of Engineers shall bear
full responsibility for correcting any design deficiencies of
Waterbury Dam''.
______
SA 194. Mr. JEFFORDS submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 120, line 12, strike ``$257,886,000'' and insert
``$317,213,000''.
______
SA 195. Mr. DAYTON submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title III of Division G, insert the
following:
SEC. __. FULLY FUNDING IDEA.
(a) Fully Funding IDEA.--Notwithstanding any other
provision of this Act, the total amount appropriated for
fiscal year 2003 (out of any money in the Treasury not
otherwise appropriated for the fiscal year ending September
30, 2003) to carry out part B of the Individuals with
Disabilities Education Act, other than section 619 of such
Act, shall be the greater of--
(1) $19,204,246,000; or
(2) the amount necessary to fully fund 40 percent of the
average per pupil expenditure for programs under part B of
such Act, other than section 619 of such Act.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available through September 30,
2004.
(c) Across-the-Board Rescission.--Notwithstanding any other
provision of this Act, funds provided under subsection (a)
shall not result in a further across-the-board rescission
under section 601 of Division N.
______
SA. 196. Mr. Dayton submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Notwithstanding any other provision of law, with
respect to any State that is operating under a waiver
described in section 415(a) of the Social Security Act (42
U.S.C. 615(a)) which would otherwise expire on a date that
occurs during the period that begins on September 30, 2002
(or in the case of New Hampshire, March 31, 2002), and ends
on September 30, 2003, the State may elect to continue to
operate under that waiver, on the same terms and conditions
as applied to the waiver on the day before such date, through
September 30, 2003.
______
SA. 197. Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Kerry, Mrs.
Boxer, Mr. Liberman, Mr. Leahy, and Mr. Schumer) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
On page 1014, between lines 13 and 14, insert the
following:
SEC. 4__. REGULATIONS TO CONTROL HAZARDOUS AIR POLLUTANTS
FROM MOTOR VEHICLES AND MOTOR VEHICLE FUELS.
Not later than July 1, 2004, the Administrator of the
Environmental Protection Agency shall promulgate final
regulations to control hazardous air pollutants from motor
vehicles and motor vehicle fuels, as provided for in section
80.1045 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
______
SA. 198. Mr. JEFFORDS (for himself, Mr. Kennedy, Mr. Kerry, Mrs.
Boxer, Mr. Liberman, Mr. Leahy, and Mr. Schumer) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
On page 1014, between lines 13 and 14, insert the
following:
SEC. 4__. NEW SOURCE REVIEW PROGRAM.
Not later than February 15, 2003, the Environmental
Protection Agency, the Department of Energy, and the
Department of Justice shall each satisfy all information
requests relating to the new source review program under
section 111 and parts C and D of title I of the Clean Air Act
(42 U.S.C. 7411, 7470 et seq.) made in 2001 or 2002--
(1) by the Committee on Environment and Public Works, the
Committee on the Judiciary, or the Committee on Health,
Education, Labor, and Pensions of the Senate, or a member of
any of those Committees; or
(2) by the General Accounting Office on behalf of any of
those Committees or a member of any of those Committees;
through the provision of copies of the requested documents,
analyses, electronic mail, or document logs to the requesting
[[Page S1290]]
Committee or member or to the General Accounting Office.
______
SA 199. Mr. DURBIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 257, on line 15, strike ``that action.'' and insert
``that action, except that this limitation on attorneys' fees
paid by the District of Columbia shall not apply if the
plaintiff is a child who is (a) from a family with an annual
income of less than $17,600; or (b) from a family where one
of the parents or guardians is a disabled veteran; or (c)
where the child has been adjudicated as neglected,
delinquent, in need of supervision, abused, or is a ward of
the District of Columbia; or (d) from a family where one of
the parents or guardians is on active duty with the Armed
Services of the United States or the National Guard; or (e)
from a family for which the primary custodian is over the age
of 65; or (f) from a family where one of the parents or
guardians is a firefighter or law enforcement officer.''
______
SA 200. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Before the period at the end of the undesignated paragraph
under the heading ``International Military Education and
Training'', insert the following: ``Provided further, That
funds made available under this heading for Indonesian
military personnel shall be available only for ``Expanded
International Military Education and Training'' assistance,
unless the President determines and reports to the
appropriate congressional committees that the Government of
Indonesia and the Indonesian Armed Forces are (1)
demonstrating a commitment to assist United States efforts to
combat international terrorism, including United States
interdiction efforts against al-Qaida and other terrorist
organizations, and taking effective measures to bring to
justice those responsible for the October 13, 2002, terrorist
attack on Bali, which killed United States citizens, and (2)
taking effective measures, including cooperating with the
Federal Bureau of Investigation, to bring to justice any
member of the Indonesian Armed Forces or Indonesian militia
group against whom there is credible evidence of involvement
in the August 31, 2002, attack, which resulted in the deaths
of United States citizens, and in other gross violations of
human rights: Provided further, That nothing in the preceding
proviso prohibits the United States from conducting ongoing
contacts and training with the Indonesian Armed Forces,
including sales of nonlethal defense articles,
counterterrorism training, officer visits, port visits,
educational exchanges, or Expanded International Military
Educational and Training for military officers and
civilians''.
______
SA 201. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 450, line 2 strike ``restoration:'' and insert the
following:
``restoration; and with the funds provided in this title, the
Secretary shall release a plan for assisting states, federal
agencies and tribes in managing chronic wasting disease in
wild and captive cervids within 90 days of enactment of this
Act.''.
______
SA 202. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 443, line 3, strike ``projects:'' and insert the
following:
``projects; and of which $500,000 of the funds provided to
the National Park Service for resource stewardship activities
is for work with the U.S. Geological Survey to refine a
chronic wasting disease test for use on live cervids.''.
______
SA 203. Mr. ALLEN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Of the $10 million available for the Challenge Grant
Program, not more than $3 million shall be made available for
Communities In Schools, Inc.
______
SA 204. Mr. COCHRAN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 1032, strike line 21 and all that follows
through page 1042, line 7, and insert the following:
TITLE II--AGRICULTURAL ASSISTANCE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Agricultural Assistance
Act of 2003''.
SEC. 202. DEFINITIONS.
In this title:
(1) Covered commodity.--The term ``covered commodity'' has
the meaning given the term in section 1001 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7901).
(2) Disaster county.--The term ``disaster county'' means a
county included in the geographic area covered by a
qualifying natural disaster declaration, excluding a
contiguous county.
(3) Eligible noninsurable commodity.--The term ``eligible
noninsurable commodity'' means an eligible crop for which the
producers on a farm are eligible to obtain assistance under
section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333).
(4) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock)
produced in an area that is eligible for coverage under a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.).
(5) Qualifying natural disaster declaration.--The term
``qualifying natural disaster declaration'' means--
(A) a natural disaster declared by the Secretary under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)); or
(B) a major disaster or emergency designated by the
President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 203. SUPPLEMENTAL DIRECT PAYMENTS.
(a) In General.--The Secretary shall make payments to
producers on a farm if--
(1)(A) the farm is located in a disaster county declared
during calendar year 2001 or 2002; or
(B) the producers on the farm have incurred qualifying crop
losses with respect to the 2001 or 2002 crop of a covered
commodity or peanuts due to damaging weather or related
condition, as determined by the Secretary using the same loss
thresholds for the quantity and quality losses as were used
in administering section 815 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-55); and
(2) the producers on the farm are eligible for direct
payments for the 2002 crop of a covered commodity or peanuts
under sections 1103 and 1303, respectively, of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 7913,
7953).
(b) Amount.--The amount of the payment made to the
producers on a farm under this section shall be equal to 42
percent of the amount of the direct payment the producers on
the farm are eligible to receive for the 2002 crop under
sections 1103 and 1303, respectively, of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 7913, 7953).
(c) Crop Insurance.--As a condition of the receipt of a
payment under this section--
(1) in the case of an insurable commodity, the producers on
the farm shall enter into a contract with the Secretary under
which the producers on the farm agree--
(A) to obtain at least catastrophic risk protection
coverage for each insurable commodity produced on the farm
for each of the next 2 crop years for which crop insurance is
available under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.), as determined by the Secretary; and
(B) on violation of the contract, to repay to the Secretary
any payment received under this section; and
(2) in the case of an eligible noninsurable commodity, the
producers on the farm shall enter into a contract with the
Secretary under which the producers on the farm agree--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing deadline,
for each eligible noninsurable commodity produced on the farm
for each of the next 2 crop or calendar years (as applicable)
under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333), as determined by the
Secretary; and
(B) on violation of the contract, to repay to the Secretary
any payment received under this section.
(d) Administration.--The total amount of payments made to a
person under this section for 1 or more covered commodities,
and the total amount of payments made to a person under this
section for peanuts, shall not exceed the dollar amounts that
are specified in paragraphs (1) and (2), respectively, of
section 1001(b) of the Food Security Act of 1985 (7 U.S.C.
1308(b)).
(e) Time for Payment.--The Secretary shall make payments
under this section as soon as practicable after the date of
enactment of this Act.
SEC. 204. LIVESTOCK ASSISTANCE.
(a) Livestock Assistance Program.--Subject to subsection
(c), in carrying out the
[[Page S1291]]
2002 Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070), the
Secretary shall--
(1) provide assistance to any applicant that--
(A) conducts a livestock operation that is physically
located in a county that requested a declaration as a
disaster county during the period beginning on January 1,
2001, and ending on the date of enactment of this Act; and
(B) meets all other eligibility requirements established by
the Secretary for the Program;
(2) provide assistance to producers of an animal described
in section 10806(a)(1) of the Farm Security and Rural
Investment Act of 2002 (21 U.S.C. 321d(a)(1)) that meet all
other eligibility requirements established by the Secretary
for the Program; and
(3) effective beginning on the date of enactment of this
Act, carry out the Program using funds of the Commodity
Credit Corporation.
(b) Livestock Loss Assistance Program.--
(1) In general.--Subject to paragraph (2) and subsection
(c), the Secretary shall use $250,000,000 of funds of the
Commodity Credit Corporation to establish a program under
which payments for livestock losses are made using the
criteria established to carry out the 1999 Livestock
Assistance Program to producers for losses in a disaster
county declared during calendar year 2001 or 2002.
(2) Choice of payments.--If the farm of the producers is
located in a disaster county declared during each of calendar
years 2001 and 2002, the producers on the farm may elect to
receive payments under this subsection for losses associated
with the qualifying natural disaster declaration in either
calendar year 2001 or calendar year 2002, but not both.
(c) Relationship of Livestock Assistance Programs.--
(1) Definition of livestock assistance program.--In this
subsection, the term ``livestock assistance program'' means--
(A) the 2002 Cattle Feed Program announced by the Secretary
on September 3, 2002 (67 Fed. Reg. 56260);
(B) the 2002 Livestock Compensation Program, as announced
by the Secretary on October 10, 2002 (67 Fed. Reg. 63070) and
modified in accordance with subsection (a); and
(C) the livestock loss assistance program established under
subsection (b).
(2) Payments.--The amount of assistance that the producers
on a farm would otherwise receive for a loss under a
livestock assistance program shall be reduced by the amount
of the assistance that the producers on the farm receive
under any other livestock assistance program.
SEC. 205. EMERGENCY SURPLUS REMOVAL.
The Secretary shall transfer $250,000,000 of funds of the
Commodity Credit Corporation to the fund established by
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to
carry out emergency surplus removal of agricultural
commodities.
SEC. 206. SPECIALTY CROPS.
The Secretary shall use $100,000,000 of funds of the
Commodity Credit Corporation to provide assistance to
producers directly or through grants to States, or take such
other action as the Secretary determines is appropriate, to
assist producers of fruits and vegetables (including nuts).
SEC. 207. TOBACCO PAYMENTS.
(a) Definitions.--In this section:
(1) Eligible person.--The term ``eligible person'' means a
person that--
(A) owns a farm for which, irrespective of temporary
transfers or undermarketings, a basic quota or allotment for
eligible tobacco is established for the 2002 crop year under
part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.);
(B) controls the farm from which, under the quota or
allotment for the relevant period, eligible tobacco is
marketed, could have been marketed, or can be marketed,
taking into account temporary transfers; or
(C) grows, could have grown, or can grow eligible tobacco
that is marketed, could have been marketed, or can be
marketed under the quota or allotment for the 2002 crop year,
taking into account temporary transfers.
(2) Eligible tobacco.--The term ``eligible tobacco'' means
each of the following kinds of tobacco:
(A) Flue-cured tobacco, comprising types 11, 12, 13, and
14.
(B) Fire-cured tobacco, comprising types 21, 22, and 23.
(C) Dark air-cured tobacco, comprising types 35 and 36.
(D) Virginia sun-cured tobacco, comprising type 37.
(E) Burley tobacco, comprising type 31.
(F) Cigar-filler and cigar-binder tobacco, comprising types
42, 43, 44, 54, and 55.
(b) Payments.--Not later than June 1, 2003, the Secretary
shall use funds of the Commodity Credit Corporation to make
payments under this section.
(c) Poundage Payment Quantities.--
(1) In general.--
(A) Flue-cured and cigar tobacco.--In the case of Flue-
cured tobacco (types 11, 12, 13, and 14) and cigar-filler and
cigar-binder tobacco (types 42, 43, 44, 54, and 55), the
poundage payment quantity under this section shall equal the
number of pounds of the basic poundage quota of the kind of
tobacco, irrespective of temporary transfers or
undermarketings, under part I of subtitle B of title III of
the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311 et
seq.) for the 2002 crop year.
(B) Other kinds of eligible tobacco.--In the case of each
other kind of eligible tobacco, the poundage payment quantity
under this section shall equal--
(i) in the case of eligible persons that are owners
described in subsection (a)(1)(A), the number of pounds of
the basic poundage quota of the kind of tobacco, irrespective
of temporary transfers or undermarketings, under part I of
subtitle B of title III of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1311 et seq.) for the 2002 crop year; and
(ii) in the case of eligible persons that are controllers
described in subsection (a)(1)(B) or growers described in
subsection (a)(1)(C), the number of pounds of effective
poundage quota of the kind of tobacco, including temporary
transfers or undermarketings, under part I of subtitle B of
title III of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1311 et seq.) for the 2002 crop year.
(2) Conversion of individual allotments to poundage payment
quantities.--In the case of each kind of eligible tobacco
other than Flue-cured tobacco (types 11, 12, 13, and 14) and
Burley tobacco (type 31), individual allotments shall be
converted to poundage payment quantities by multiplying--
(A) the number of acres that may, irrespective of temporary
transfers or undermarketings, be devoted, without penalty, to
the production of the kind of tobacco under the allotment
under part I of subtitle B of title III of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1311 et seq.) for the 2002
crop year; by
(B)(i) in the case of fire-cured tobacco (type 21), 1,746
pounds per acre;
(ii) in the case of fire-cured tobacco (types 22 and 23),
2,676 pounds per acre;
(iii) in the case of dark air-cured tobacco (types 35 and
36), 2,475 pounds per acre;
(iv) in the case of Virginia sun-cured tobacco (type 37),
1,502 pounds per acre; and
(v) in the case of cigar-filler and cigar-binder tobacco
(types 42, 43, 44, 54, and 55), 2,230 pounds per acre.
(d) Available Payment Amounts.--The available payment
amount for each kind of eligible tobacco under subsection (b)
shall not exceed the amount obtained by multiplying--
(1) 5.55 cents per pound; and
(2) the national basic poundage quota for the applicable
kind.
(e) Division of Payments Among Eligible Persons.--
(1) In general.--Payments available with respect to a pound
of payment quantity, as determined under subsection (d),
shall be made available to eligible persons in accordance
with this paragraph, as determined by the Secretary.
(2) Flue-cured and cigar tobacco.--In the case of payments
made available in a State under subsection (b) for Flue-cured
tobacco (types 11, 12, 13, and 14) and cigar-filler and
cigar-binder tobacco (types 42, 43, 44, 54, and 55), the
Secretary shall distribute (as determined by the Secretary)--
(A) 50 percent of the payments to eligible persons that are
owners described in subsection (a)(1)(A); and
(B) 50 percent of the payments to eligible persons that are
growers described in subsection (a)(1)(C).
(3) Other kinds of eligible tobacco.--In the case of
payments made available in a State under subsection (b) for
each other kind of eligible tobacco not covered by paragraph
(2), the Secretary shall distribute (as determined by the
Secretary)--
(A) 33\1/3\ percent of the payments to eligible persons
that are owners described in subsection (a)(1)(A);
(B) 33\1/3\ percent of the payments to eligible persons
that are controllers described in subsection (a)(1)(B); and
(C) 33\1/3\ percent of the payments to eligible persons
that are growers described in subsection (a)(1)(C).
(f) Special Rule for Georgia.--The Secretary may make
payments under this section to eligible persons in Georgia
only if the State of Georgia agrees to use $13,000,000 to
make payments at the same time, or subsequently, to the same
persons in the same manner as provided for the Federal
payments under this section, as required by section 204(b)(6)
of the Agricultural Risk Protection Act of 2000 (7 U.S.C.
1421 note; Public Law 106-224).
(g) Judicial Review.--A determination by the Secretary
under this section shall not be subject to judicial review.
SEC. 208. COTTONSEED.
The Secretary shall use $50,000,000 of funds of the
Commodity Credit Corporation to provide assistance to
producers and first-handlers of the 2002 crop of cottonseed.
SEC. 209. HURRICANE ASSISTANCE.
(a) In General.--In a State in a which a qualifying natural
disaster declaration has been made during a calendar year,
the Secretary shall make available to first processors that
are eligible to obtain a loan under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a)) assistance in the form of payments, or
commodities in the inventory of the Commodity Credit
Corporation from carrying out that section, to partially
compensate producers and first processors for crop and other
losses that are related to the qualifying natural disaster
declaration.
(b) Administration.--Assistance under this section shall
be--
(1) shared by an affected first processor with affected
producers that provide commodities to the processor in a
manner that
[[Page S1292]]
reflects contracts entered into between the processor and the
producers; and
(2) made available under such terms and conditions as the
Secretary determines are necessary to carry out this section.
(c) Quantity.--To carry out this section, the Secretary
shall--
(1) use 200,000 tons of commodities in the inventory of the
Commodity Credit Corporation under section 156(a) of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7272(a));
(2) make payments in an aggregate amount equal to the
market value of 200,000 tons of commodities described in
paragraph (1); or
(3) take any combination of actions described in paragraphs
(1) and (2) using commodities or payments with a total market
value of 200,000 tons of commodities described in paragraph
(1).
(d) Limitations.--The Secretary shall provide assistance
under this section only in a State described in section
359f(c)(1)(A) of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1359ff(c)(1)(A)) in which a qualifying natural
disaster declaration was made during calendar year 2002.
SEC. 210. WEATHER-RELATED LOSSES.
The Secretary shall use not more than $80,000,000 of funds
of the Commodity Credit Corporation to provide assistance to
sugar beet producers that suffered production losses
(including quality losses) for the 2002 crop year, as
determined by the Secretary.
SEC. 211. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED ALONG
RIO GRANDE FOR WATER LOSSES.
(a) In General.--The Secretary shall use $10,000,000 of
funds of the Commodity Credit Corporation to make a grant to
the State of Texas, acting through the Texas Department of
Agriculture, to provide assistance to agricultural producers
in the State of Texas with farming operations along the Rio
Grande that have suffered economic losses during the 2002
crop year due to the failure of Mexico to deliver water to
the United States in accordance with the Treaty Relating to
the Utilization of Waters of the Colorado and Tijuana Rivers
and of the Rio Grande, and Supplementary Protocol signed
November 14, 1944, signed at Washington February 3, 1944 (59
Stat. 1219; TS 994).
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of economic losses described in
subsection (a) that were incurred by the producers.
SEC. 212. ASSISTANCE TO AGRICULTURAL PRODUCERS LOCATED IN NEW
MEXICO FOR TEBUTHIURON APPLICATION LOSSES.
(a) In General.--The Secretary shall use not more than
$1,650,000 of funds of the Commodity Credit Corporation to
reimburse agricultural producers on farms located in the
vicinity of Malaga, New Mexico, for losses incurred during
calendar years 2002 and 2003 as the result of the application
by the Federal Government of tebuthiuron on land on or near
the farms of the producers during August 2002, to remain
available until expended.
(b) Amount.--The amount of assistance provided to
individual agricultural producers under this section shall be
proportional to the amount of losses described in subsection
(a) that were incurred by the producers.
SEC. 213. ADMINISTRATION.
Section 1232(a)(7)(A)(iii) of the Food Security Act of 1985
(16 U.S.C. 3832(a)(7)(A)(iii)) is amended by inserting before
the semicolon the following: ``, except that this clause
shall not apply during the 2002 calendar year''.
SEC. 214. SENSE OF SENATE ON ASSISTANCE FOR PORK PRODUCERS
UNDER THE FEED ASSISTANCE PROGRAMS.
It is the sense of the Senate that--
(1) weather-related disasters have caused economic distress
for United States pork producers in the form of higher feed
costs;
(2) feed assistance programs administered by the Secretary
(such as the Livestock Assistance Program established under
part 1439 of title 7, Code of Federal Regulations, and the
2002 Cattle Feed Program announced by the Secretary on
September 3, 2002 (67 Fed. Reg. 56260)), have been very
effective in--
(A) assisting cow-calf producers that have been negatively
affected by weather-related disasters; and
(B) reducing Commodity Credit Corporation-owned stocks of
powdered nonfat dry milk; and
(3) the Secretary, using authorities of the Commodity
Credit Corporation, should expand feed assistance programs
admininstered by the Secretary to include United States pork
producers that are negatively affected by weather-related
disasters.
SEC. 215. FUNDING.
(a) In General.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out this title, to remain available
until expended.
(b) Administration.--The Secretary, acting through the Farm
Service Agency, may use not more than $70,000,000 of funds of
the Commodity Credit Corporation to cover administrative
costs associated with the implementation of this title and
title I of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 7901 et seq.), to remain available until expended.
SEC. 216. REGULATIONS.
(a) In General.--The Secretary may promulgate such
regulations as are necessary to implement this title.
(b) Procedure.--The promulgation of the regulations and
administration of this title shall be made without regard
to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying
out this section, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
______
SA 205. Mr. McCONNELL submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. PRICE SUPPORT ADJUSTMENTS.
(a) Carry Forward Adjustment.--Section 319(e) of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1314e(e)) is
amended in the fifth sentence--
(1) by striking ``: Provided, That'' and inserting ``,
except that (1)''; and
(2) by inserting before the period at the end the
following: ``, (2) the total quantity of all adjustments
under this sentence for all farms for any crop year may not
exceed 10 percent of the national basic quota for the
preceding crop year, and (3) this sentence shall not apply to
the establishment of a marketing quota for the 2003 marketing
year''.
(b) Special Requirements.--During the period beginning on
the date of enactment of this Act and ending on the last day
of the 2002 marketing year for the kind of tobacco involved,
the Secretary of Agriculture may waive the application of
section 1464.2(b)(2) of title 7, Code of Federal Regulations.
(c) Regulations.--
(1) In general.--The Secretary of Agriculture may
promulgate such regulations as are necessary to implement
this section and the amendments made by this section.
(2) Procedure.--The promulgation of the regulations and
administration of this section and the amendments made by
this section shall be made without regard to--
(A) the notice and comment provisions of section 553 of
title 5, United States Code;
(B) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(C) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
______
SA 206. Mr. VOINOVICH (for himself, and Mr. DeWine) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 424, between lines 12 and 13, insert the following:
SEC. 5__. EXTENSION OF PROHIBITION OF OIL AND GAS DRILLING IN
THE GREAT LAKES.
Section 503 of the Energy and Water Resources Development
Approptiations Act, 2002 (115 Stat. 512), is amended by
striking ``2002 and 2003'' and inserting ``2002 through
2005''.
______
SA 207. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 547, between lines 4 and 5, insert the following:
TITLE __--OTTAWA NATIONAL WILDLIFE REFUGE COMPLEX
SEC. __01. SHORT TITLE.
This title may be cited as the ``Ottawa National Wildlife
Refuge Complex Expansion and Detroit River International
Wildlife Refuge Expansion Act''.
SEC. __02. DEFINITIONS.
In this title:
(1) International refuge.--The term ``International
Refuge'' means the Detroit River International Wildlife
Refuge established by section 5(a) of the Detroit River
International Wildlife Refuge Establishment Act (16 U.S.C.
668dd note; 115 Stat. 894).
(2) Refuge complex.--The term ``Refuge Complex'' means the
Ottawa National Wildlife Refuge Complex and the lands and
waters in the complex, as described in the document entitled
``The Comprehensive Conservation Plan for the Ottawa National
Wildlife Refuge Complex'' and dated September 22, 2000,
including--
(A) the Ottawa National Wildlife Refuge, established by the
Secretary in accordance with the Migratory Bird Conservation
Act (16 U.S.C. 715 et seq.);
[[Page S1293]]
(B) the West Sister Island National Wildlife Refuge
established by Executive Order No. 7937, dated August 2,
1937; and
(C) the Cedar Point National Wildlife Refuge established by
the Secretary in accordance with the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Western basin.--
(A) In general.--The term ``western basin'' means the
western basin of Lake Erie, consisting of the land and water
in the watersheds of Lake Erie extending from the watershed
of the Lower Detroit River in the State of Michigan to and
including Sandusky Bay and the watershed of Sandusky Bay in
the State of Ohio.
(B) Inclusion.--The term `western basin' includes the Bass
Island archipelago in the State of Ohio.
SEC. __03. EXPANSION OF BOUNDARIES.
(a) Refuge Complex Boundaries.--
(1) Expansion.--The boundaries of the Refuge Complex are
expanded to include land and water in the State of Ohio from
the eastern boundary of Maumee Bay State Park to the eastern
boundary of the Darby Unit (including the Bass Island
archipelago), as depicted on the map entitled ``Ottawa
National Wildlife Refuge Complex Expansion and Detroit River
International Wildlife Refuge Expansion Act'' and dated
September 6, 2002.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for inspection in appropriate offices
of the United States Fish and Wildlife Service.
(b) Boundary Revisions.--The Secretary may make such
revisions of the boundaries of the Refuge Complex as the
Secretary determines to be appropriate--
(1) to facilitate the acquisition of property within the
Refuge Complex; or
(2) to carry out this title.
(c) Acquisition.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire by donation, purchase with donated or
appropriated funds, or exchange the land and water, and
interests in land and water (including conservation
easements), within the boundaries of the Refuge Complex.
(2) Consent.--No land, water, or interest in land or water
described in paragraph (1) may be acquired by the Secretary
without the consent of the owner of the land, water, or
interest.
(d) Transfers From Other Agencies.--Administrative
jurisdiction over any Federal property that is located within
the boundaries of the Refuge Complex and under the
administrative jurisdiction of an agency of the United States
other than the Department of the Interior may, with the
concurrence of the head of the administering agency, be
transferred without consideration to the Secretary for the
purpose of this title.
(e) Study of Associated Area.--
(1) In general.--The Secretary, acting through the Director
of the United States Fish and Wildlife Service, shall conduct
a study of fish and wildlife habitat and aquatic and
terrestrial communities in and around the 2 dredge spoil
disposal sites that are--
(A) referred to by the Toledo-Lucas County Port Authority
as ``Port Authority Facility Number Three'' and ``Grassy
Island'', respectively; and
(B) located within Toledo Harbor near the mouth of the
Maumee River.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall--
(A) complete the study under paragraph (1); and
(B) submit to Congress a report on the results of the
study.
SEC. __04. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.
The southern boundary of the International Refuge is
extended south to include additional land and water in the
State of Michigan located east of Interstate Route 75,
extending from the southern boundary of Sterling State Park
to the Ohio State boundary, as depicted on the map referred
to in section __03(a)(1).
SEC. __05. ADMINISTRATION.
(a) Refuge Complex.--
(1) In general.--The Secretary shall administer all
federally owned land, water, and interests in land and water
that are located within the boundaries of the Refuge Complex
in accordance with--
(A) the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.); and
(B) this title.
(2) Additional authority.--The Secretary may use such
additional statutory authority available to the Secretary for
the conservation of fish and wildlife, and the provision of
opportunities for fish- and wildlife-dependent recreation, as
the Secretary determines to be appropriate to carry out this
title.
(b) Additional Purposes.--In addition to the purposes of
the Refuge Complex under other laws, regulations, executive
orders, and comprehensive conservation plans, the Refuge
Complex shall be managed--
(1) to strengthen and complement existing resource
management, conservation, and education programs and
activities at the Refuge Complex in a manner consistent with
the primary purposes of the Refuge Complex--
(A) to provide major resting, feeding, and wintering
habitats for migratory birds and other wildlife; and
(B) to enhance national resource conservation and
management in the western basin;
(2) in partnership with nongovernmental and private
organizations and private individuals dedicated to habitat
enhancement, to conserve, enhance, and restore the native
aquatic and terrestrial community characteristics of the
western basin (including associated fish, wildlife, and plant
species);
(3) to facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial
authorities, State and local governments, local communities
in the United States and Canada, conservation organizations,
and other non-Federal entities to promote public awareness of
the resources of the western basin; and
(4) to advance the collective goals and priorities that--
(A) were established in the report entitled ``Great Lakes
Strategy 2002--A Plan for the New Millennium'', developed by
the United States Policy Committee, comprised of Federal
agencies (including the United States Fish and Wildlife
Service, the National Oceanic and Atmospheric Administration,
the United States Geological Survey, the Forest Service, and
the Great Lakes Fishery Commission) and State governments and
tribal governments in the Great Lakes basin; and
(B) include the goals of cooperating to protect and restore
the chemical, physical, and biological integrity of the Great
Lakes basin ecosystem.
(c) Priority Uses.--In providing opportunities for
compatible fish- and wildlife-dependent recreation, the
Secretary, in accordance with paragraphs (3) and (4) of
section 4(a) of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd(a)), shall
ensure, to the maximum extent practicable, that hunting,
trapping, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority
public uses of the Refuge Complex.
(d) Cooperative Agreements Regarding Non-Federal Land.--To
promote public awareness of the resources of the western
basin and encourage public participation in the conservation
of those resources, the Secretary may enter into cooperative
agreements with the State of Ohio or Michigan, any political
subdivision of the State, or any person for the management,
in a manner consistent with this title, of land that--
(1) is owned by the State, political subdivision, or
person; and
(2) is located within the boundaries of the Refuge Complex.
(e) Use of Existing Greenway Authority.--The Secretary
shall encourage the State of Ohio to use authority under the
recreational trails program under section 206 of title 23,
United States Code, to provide funding for acquisition and
development of trails within the boundaries of the Refuge
Complex.
SEC. __06. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary--
(1) to acquire land and water within the Refuge Complex
under section __03(c);
(2) to carry out the study under section __03(e); and
(3) to develop, operate, and maintain the Refuge Complex.
______
SA 208. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in the bill, insert the following:
``SEC. . BANDON CRANBERRY WATER CONTROL DISTRICT.
``(a) Of the funds made available to the United States
Department of Agriculture for the Rural Community Advancement
Program, $250,000 shall be made available from the Rural
Community Facilities Grant Program for grants to the Bandon
Cranberry Water Control District in Coos County, Oregon, to
help meet certain debt obligations for existing water supply
projects.
``(b) The Department is further directed to work with the
Bandon Cranberry Water Control District to restructure its
remaining debt on water supply projects, in light of the
significant reduction in commodity prices experienced by the
cranberry growers in recent years.''
______
SA 209. Mr. SMITH (for himself and Mr. Wyden) submitted an amendment
intended to be proposed by him to the joint resolution H.J. Res. 2,
making further continuing appropriations for the fiscal year 2003, and
for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in the bill, insert the following:
``SEC. . BANDON CRANBERRY WATER CONTROL DISTRICT.
``(a) Of the funds made available to the United States
Department of Agriculture for the Rural Community Advancement
Program, $250,000 shall be made available from the Rural
Community Facilities Grant Program for grants to the Bandon
Cranberry Water Control District in Coos County, Oregon, to
help meet certain debt obligations for existing water supply
projects.''
______
SA 210. Mr. NICKLES submitted an amendment intended to be proposed by
[[Page S1294]]
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 578 strike lines 15 through 19.
______
SA 211. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 772, beginning with line 24, strike through line 2
on page 773.
______
SA 212. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 745, beginning with ``account; to be available'' in
line 24, strike through line 12 on page 749, and insert
``account.''.
______
SA 213. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 731, beginning with ``the following'' in line 10,
strike through line 2 on page 735, and insert, ``sums shall
be made available for Intelligent Transportation System
projects that are designed to achieve the goals and purposes
set forth in section 5203 of the Intelligent Transportation
Systems Act of 1998 (subtitle C of title V of Public Law 105-
178; 112 Stat. 453; 23 U.S.C. 502 note).''.
______
SA 214. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 262, beginning with ``That'' in line 2, strike
through ``State,'' in line 24, and insert ``That the
Secretary of the Army, acting through the Chief of Engineers,
may use up to $5,000,000 of Construction, General funding as
provided herein for construction of an emergency outlet from
Devils Lake, North Dakota, to the Sheyenne River except that
the funds shall not become available until completion of the
feasibility study required by Public Law 105-245, for the
continuation of which the Secretary may use $500,000 of such
funding, and except that the funds for such construction
shall not become available unless the Secretary of the Army
determines that an emergency (as defined in section 102 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) exists with respect to the
emergency need for the outlet and reports to Congress that
the construction is technically sound, economically
justified, and environmentally acceptable and in compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.): Provided further, That the economic
justification for the emergency outlet shall be prepared in
accordance with the principles and guidelines for economic
evaluation as required by regulations and procedures of the
Army Corps of Engineers for all flood control projects:
Provided further, That the economic justification be fully
described, including the analysis of the benefits and costs,
in the project plan documents: Provided further, That the
plans for the emergency outlet shall be reviewed and, to be
effective, shall contain assurances provided by the Secretary
of State, after consultation with the International Joint
Commission,''.
______
SA 215. Mr. STEVENS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1052, line 5, strike ``1.6 percent'' and insert:
``0.5 percent''.
______
SA 216. Mr. STEVENS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, line 9, insert the following:
``Sec. 136. At the end of Pub. L. No. 92-203, as amended,
insert the following new section:
``Notwithstanding any other provision of law, section 4(5)
of Pub. L. 100-497 shall include those entities defined in
section 3(g) of Pub. L. 92-203, and 25 U.S.C. sections 465
and 467 shall be applicable to such entities to carry out,
within the continental United States, the purposes of Pub. L.
100-497. For the sole purpose of carrying out the activities
permitted by Pub. L. 100-497, those entities shall be deemed
to be on the list provided for in Pub. L. 103-454 and in
carrying out these activities shall have the same powers,
authority, status and immunities as if included on that list.
The applicable Secretary, utilizing the authority provided in
section 22(f) of Pub. L. 92-203 or 1302(h) of Pub. L. 96-487
may in his or her discretion enter into a land exchange
pursuant thereto. An entity defined in section 3(g) of Pub.
L. 92-203 may apply, for a period of ten years from the date
of enactment of this section, to the Secretary of the
Interior to have title to any lands that have been or may be
acquired by the entity pursuant to section 22(f) of Pub. L.
92-203, section 1302(h) of Pub. L. 96-487, or subsections
12(b)(6) or 12(b)(7) of Pub. L. 94-204, as amended, placed in
the status described in 25 U.S.C. sections 465 and 467 to
carry out the purposes of Pub. L. 100-497, and the Secretary
shall accept title to such lands and place them into such
status forthwith, and such lands shall be deemed to have been
in such status prior to October 17, 1988.'''
______
SA 217. Mr. STEVENS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, add the following:
Sec. . Funding for the Individuals with Disabilities
Education Act. In addition to any amounts otherwise
appropriated under this Act for support of Part B of the
Individuals with Disabilities Education Act, the following
sum is appropriated out of any money in the Treasury not
otherwise appropriated for the fiscal year ending September
30, 2003, $1,500,000,000, which shall become available on
October 1, 2003, and shall remain available through September
30, 2004, academic year 2003-2004.
______
SA 218. Mr. HATCH submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC 7(c) OF PL 106-143 IS AMENDED BY STRIKING ``2001'', AND
INSERTING 2004.
______
SA 219. Mr. HATCH submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 486, between lines 8 and 9, insert the following:
SEC. __. BLACK REVOLUTIONARY WAR PATRIOTS MEMORIAL.
(a) Cost Sharing.--Public Law 99-558 (100 Stat. 3144) is
amended by striking section 2 and inserting the following:
``SEC. 2. COST SHARING.
``Up to 25 percent of the total cost of establishing the
memorial may be derived from Federal sources.''.
(b) Repeal of Duplicative Enactments.--
(1) Section 118 of Public Law 99-500 (100 Stat. 1783-266)
is repealed.
(2) Title VIII of Public Law 99-590 (100 Stat. 3339) is
repealed.
(3) Section 118 of Public Law 99-591 (100 Stat. 3341-266)
is repealed.
______
SA 220. Mrs. BOXER (for herself, Mr. Ensign, and Mr. Specter)
submitted an amendment intended to be proposed by her to the joint
resolution H.J. Res. 2, making further continuing appropriations for
the fiscal year 2003, and for other purposes; which was ordered to lie
on the table; as follows:
At the appropriate place, insert the following:
SEC. . FUNDING FOR AFTER-SCHOOL PROGRAMS.
(a) Findings.--Congress finds that--
(1) There remains a great need for after-school programs.
The Census Bureau reported that at least 8 to 15 million
children have no place to go after school is out.
(2) According to the FBI, youth are most at risk for
committing violent acts and being victims of violent crimes
between 3 p.m. and 8 p.m.--after school is out and before
parents arrive home.
(3) Studies show that organized extracurricular activities,
such as after-school programs, reduce crime, drug use, and
teenage pregnancy.
(b) Sense of the Senate.--It is the sense of the Senate
that every effort should be made to--
(1) accommodate the waiting lists of children needing
access to after-school programs; and
(2) fund after-school programs at the level authorized in
the Leave No Child Behind Act.
______
SA 221. Mrs. BOXER submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1014, between lines 13 and 14, insert the
following:
[[Page S1295]]
SEC. . SCOPE OF FEDERAL JURISDICTION OVER WATERS OF THE
UNITED STATES
None of the funds made available under this Act shall be
used--
(1) to promulgate or implement any regulation relating to
the scope of Federal jurisdiction under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) over waters of
the United States (including the proposed rulemaking
described in the notion issued on January 15, 2003 (68 Fed.
Reg. 1991 (January 15, 2003)) or any similar regulation); or
(2) to implement as a policy of the Federal Government the
holding in Solid Waste Agency of Northern Cook County v.
United States Army Corps of Engineers, 531 U.S. 159 (2001),
relating to the scope of Federal jurisdiction conferred by
Congress under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), so as to apply the holding of that case
to any factual situation other than the precise facts in that
case.
______
SA 222. Mrs. BOXER submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1014, between lines 13 and 14, insert the
following:
SEC. . FEDERAL JURISDICTION OVER WATERS OF THE UNITED
STATES.
``No funds made available by this Act shall be used by the
Administration of the Environmental Protection Agency or the
Secretary of the Army Corps of Engineers to exempt any bodies
of water that are currently covered by the Clean Water Act
from the Clean Water Act.''
______
SA 223. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 486, between lines 8 and 9, insert the following:
SEC. . CALIFORNIA OFFSHORE OIL LEASES.
``No funds made available by this act shall be used by the
Secretary of the Interior to approve any exploration,
development, or production plan for, or application for a
permit to drill on, the 36 undeveloped leases in southern
California planning area of the outer Continental Shelf
during any period in which the leases are engaged in
settlement negotiations with the Secretary of the Interior
for the retirement of the leases.''
______
SA 224. Mr. BOND submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1014, after line 13, insert the following new
section, with the section renumbered as appropriate:
``SEC. 423. SECTION 214 OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1980 (42. U.S.C. 1436A) IS
AMENDED BY:
(1) in subsection (a)(6), by striking out ``or'' at the
end;
(2) by renumbering paragraph (7) as (8) in subsection (a);
(3) by adding after paragraph (6) in subsection (a), the
following new paragraph: ``(7) a qualified alien described in
8 U.S.C. 1641, or'';
(4) in subsection (c)(1)(A), by striking ``paragraphs (1)
through (6)'' and inserting ``paragraphs (1) through (7)'';
and
(5) in subsection (c)(2)(A), by inserting ``(other than a
qualified alien as described in 8 U.S.C. 1641(c))'' after
``any alien''.''
______
SA 225. Ms. LANDRIEU (for herself and Mr. Breaux) submitted an
amendment intended to be proposed by her to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 259, line 19, strike ``projects:'' and insert
``projects; and of which $55,000,000 shall be available for
the Southeast Louisiana project:''.
______
SA 226. Mr. KOHL submitted an amendment intended to be proposed by
her to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 35, line 7, strike ``$682,814,000'' and insert
``$678,814,000''.
On page 35, line 12 strike ``$86,762,000'' and insert
``$82,762,000''.
On page 43, line 7, strike ``$35,000,000'' and insert
``$34,000,000''.
On page 43, line 18, strike ``$47,498,000'' and insert
``$46,498,000''.
In Division A, at the appropriate place, insert the
following new section:
Sec. . There is hereby appropriated $6,000,000 for grants
made available in accordance with section 7412 of Public Law
107-171.''
______
SA 227. Mr. KOHL submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On Page 41, line 20, strike ``$55,956,000'' and insert
``53,956,000''.
On Page 42, line 14, strike ``$730,000,000'' and insert
``722,000,000''.
In Division A, at the appropriate place, insert the
following new section:
Sec. . There is hereby appropriated an amount sufficient
for expansion of the program described in section 18(f) of
the Richard B. Russell National School Lunch Act (42 U.S.C.
1769(f)) to include an additional twenty states; Provided,
That these funds should be used to include states with the
lowest program participation rates averaged over the three
previous years.
______
SA 228. Mr. HARKIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 75, strike lines 17 through 20.
______
SA 229. Mr. HARKIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 3, line 24, strike ``$133,155,000'' and insert
``$118,155,000''.
______
SA 230. Mr. McCAIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 263, beginning with ``$346,437,000,'' in line 24,
strike through line 6 on page 264 and insert ``$331,687,000,
to remain available until expended: Provided, That the
Secretary of the Army, acting through the Chief of Engineers,
using $250,000 of the funds provided herein, is directed to
continue environmental review and project plans for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi.''.
______
SA 231. Mr. GRAHAM of Florida (for himself and Mr. Kennedy) submitted
an amendment intended to be proposed by him to the joint resolution
H.J. Res. 2, making further continuing appropriations for the fiscal
year 2003, and for other purposes; which was ordered to lie on the
table; as follows:
On page 1047, between lines 19 and 20, insert the
following:
Sec. 404. (a) The letter to State Medicaid Directors dated
December 20, 2002, from Dennis G. Smith, Director, Center for
Medicaid and State Operations of the Centers for Medicare &
Medicaid Services (relating to placing limits on coverage of
emergency services under the medicaid program under title XIX
of the Social Security Act), shall have no force or effect
and State medicaid programs shall be administered without
regard to such letter.
(b) None of the funds appropriated or made available in
this Act may be used for payments for medicaid expenditures
directly or indirectly related to capitation payments (or
other forms of premium or risk payments) to a managed care
entity (including a primary care case manager) that does not
pay for use of emergency services by a medicaid beneficiary
enrolled with the entity that meet the prudent layperson
standard under 1932(b)(2) of the Social Security Act (42
U.S.C. 1396u-2(b)(2)).
______
SA 232. Mr. GRAHAM of Florida (for himself and Mr. Kennedy) submitted
an amendment intended to be proposed by him to the joint resolution
H.J. Res. 2, making further continuing appropriations for the fiscal
year 2003, and for other purposes; which was ordered to lie on the
table; as follows:
On page 1047, between lines 19 and 20, insert the
following:
Sec. 404. (a) The letter to State Medicaid Directors dated
December 20, 2002, from Dennis G. Smith, Director, Center for
Medicaid and State Operations of the Centers for Medicare &
Medicaid Services (relating to placing limits on coverage of
emergency services under the medicaid program under title XIX
of the Social Security Act), shall have no force or effect
and State medicaid programs shall be administered without
regard to such letter.
(b) None of the funds appropriated or made available in
this Act may be used for payments for medicaid expenditures
directly or indirectly related to capitation payments (or
other forms of premium or risk payments) to a managed care
entity (including a primary care case manager) that does not
pay for use of emergency services by a medicaid
[[Page S1296]]
beneficiary enrolled with the entity that meet the prudent
layperson standard under 1932(b)(2) of the Social Security
Act (42 U.S.C. 1396u-2(b)(2)).
(c) None of the funds appropriated or made available in
this Act may be used to approve medicaid plan amendments,
waivers, or waiver amendments that restrict payment on behalf
of a medicaid beneficiary enrolled with a managed care entity
(including a primary care case manager) for use of emergency
services that meet the prudent layperson standard under
section 1932(b)(2) of the Social Security Act (42 U.S.C.
1396u-2(b)(2)).
______
SA 233. Mr. CORZINE (for himself and Mrs. Clinton) submitted an
amendment intended to be proposed by him to the joint resolution H.J.
Res. 2, making further continuing appropriations for the fiscal year
2003, and for other purposes; which was ordered to lie on the table; as
follows:
On page 115, between lines 23 and 24, insert the following:
Sec. 110. None of the funds appropriated by this Act may be
used to remove, deport, or detain an alien spouse or child of
an individual who died as a result of a September 11, 2001,
terrorist attack, unless the alien spouse or child is--
(1) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)) or deportable under paragraph (2) or (4) of section
237(a) of that Act (8 U.S.C. 1227(a)) (including any
terrorist perpetrator of a September 11, 2001, terrorist
attack against the United States); or
(2) a member of the family of a person described in
paragraph (1).
______
SA 234. Mr. CORZINE submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1026, after line 22, add the following:
Sec. 111. (a) In addition to amounts appropriated in Public
Law 107-248, funds are hereby appropriated for the National
Commission To Fight Terrorist Attacks Upon the United States
for fiscal year 2003 in the total amount of $3,000,000.
(b) The total amount appropriated under the heading
``Departmental offices, salaries, and expenses'' in title I
of division J of this Act is hereby reduced by $3,000,000.
______
SA 235. Mr. CORZINE submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1026, after line 22, add the following:
Sec. 111. (a) In addition to amounts appropriated in Public
Law 107-248, funds are hereby appropriated for the National
Commission To Fight Terrorist Attacks Upon the United States
for fiscal year 2003 in the total amount of $300,000,000.
______
SA 236. Mr. HARKIN submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. SENSE OF THE SENATE CONCERNING CERTAIN FUNDS FOR
TECHNICAL ASSISTANCE FOR MANDATORY CONSERVATION
PROGRAMS.
(a) Findings.--The Senate finds that--
(1) conservation technical assistance provided through the
Department of Agriculture is essential to help the farmers,
ranchers, and landowners of the United States to implement
and maintain critical conservation practices;
(2) Congress provided a historic increase in mandatory
funding for voluntary conservation efforts in the Farm
Security and Rural Investment Act of 2002 (Public Law 107-
171);
(3) in that Act, Congress provided mandatory funding
sufficient to cover all conservation technical assistance
needed to carry out conservation programs;
(4) under that Act, conservation technical assistance is
provided to carry out conservation programs;
(5) the General Accounting Office has determined that,
under the Farm Security and Rural Investment Act of 2002,
funding for conservation technical assistance--
(A) is provided directly for conservation programs; and
(B) is not subject to the limitation specified in section
11 of the Commodity Credit Corporation Charter Act (15 U.S.C.
714i); and
(6) the General Accounting Office has determined that funds
in the Conservation Operations account cannot be used to fund
conservation technical assistance for conservation programs
under the Farm Security and Rural Investment Act of 2002.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the President should provide full funding for
conservation technical assistance in order to implement
conservation programs under title XII of the Food Security
Act of 1985 (16 U.S.C. 3801 et seq.); and
(2) the President should not use funds from the
Conservation Operations account to provide conservation
technical assistance for carrying out conservation programs
directly funded by that title.
______
SA 237. Mr. DODD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 596, between lines 2 and 3, insert the following:
election reform grant program
Notwithstanding title I of division B, the appropriation
under such title of $50,000,000 to the Office of Justice
Programs of the Department of Justice for an election reform
grant program is rescinded, the proviso relating to such
appropriation shall have no effect, and there is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Health and Human Services
for the expenses authorized by part 2 of subtitle D of title
II of the Help America Vote Act of 2002 (Public Law 107-252;
116 Stat. 1698), relating to payments to States and units of
local government to assure access for individuals with
disabilities, $50,000,000, to remain available until
expended.
______
SA 238. Mr. DODD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
Beginning on page 111, line 25, strike ``: Provided, That''
and all that follows before the period on page 112, line 4.
______
SA 239. Mr. DODD submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 1032, strike lines 18 through 20, and insert the
following:
carry out the provisions of the Help America Vote Act of 2002
(Public Law 107-252; 116 Stat. 1666), to remain available
until expended.
______
SA 240. Mr. SMITH submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CLARIFICATION OF CERTAIN PATENT PROVISIONS TO
RAILROAD CARS.
Section 272 of title 35, United States Code, is amended by
adding after the period the following: ``This section shall
apply to any vehicle that is a railroad car entering and
leaving the United States on a regular basis.''.
______
SA 241. Mr. CHAFEE submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title III of Division G, add the following:
SEC. __. HIGHER EDUCATION FUNDING.
Notwithstanding any other provision of this Act, of the
amounts appropriated under this Act for programs or
activities under title III of Division G that are in excess
of $54,195,685,000 that are available for distribution to
States and local educational agencies in accordance with
sections 5111 and 5112 of the Elementary and Secondary
Education Act of 1965--
(1) $1,350,000,000 shall be available to the Secretary of
Education to carry out subpart 1 of part A of title IV of the
Higher Education Act of 1965 (Federal Pell Grants); and
(2) $150,000,000 shall be available to the Secretary of
Education for programs under the Higher Education Act of
1965, other than programs under subpart 1 of part A of title
IV of such Act.
______
SA 242. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the joint resolution H.J.Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
``The Secretary of the Army, acting through the Chief of
Engineers, is directed to provide $2,900,000 of the funds
provided therein for the continuation of the shore protection
project in Dare County (Bodie Island), North Carolina, as
authorized by Section 101
[[Page S1297]]
(24) of the Water Resources Development Act of 2000.''
______
SA 243. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On page 80, between lines 3 and 4, insert the following:
SEC. 7__. RURAL HOUSING SERVICE.
Title III of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001, is amended in the first paragraph under the heading
``rural housing insurance fund program account (including
transfer of funds)'' under the heading ``Rural Housing
Service'' (114 Stat. 1549, 1549A-19) by inserting before the
period at the end the following: ``: Provided further, That
after September 30, 2002, any funds remaining for the
demonstration program may be used, within the State in which
the demonstration program is carried out, for fiscal year
2003 and subsequent fiscal years to make grants, and to cover
the costs (as defined in section 502 of the Congressional
Budget and Impoundment Control Act of 1974 (2 U.S.C. 661a))
of loans authorized, under section 504 of the Housing Act of
1949 (42 U.S.C. 1474)''.
______
SA 244. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. BLUE RIDGE NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Blue Ridge National Heritage Area established by subsection
(b).
(2) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated
by subsection (d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area approved under
subsection (e).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of North
Carolina.
(b) Establishment.--There is established the Blue Ridge
National Heritage Area in the State.
(c) Boundaries.--The Heritage Area shall consist of the
counties of Alleghany, Ashe, Avery, Buncombe, Burke,
Caldwell, Cherokee, Clay, Graham, Haywood, Henderson,
Jackson, McDowell, Macon, Madison, Mitchell, Polk,
Rutherford, Surry, Swain, Transylvania, Watauga, Wilkes,
Yadkin, and Yancey in the State.
(d) Management Entity.--
(1) In general.--As a condition of the receipt of funds
made available under subsection (i)(1), the Blue Ridge
National Heritage Area Partnership shall be the management
entity for the Heritage Area.
(2) Board of directors.--The management entity shall be
governed by a board of directors composed of 9 members, of
whom--
(A) 2 members shall be appointed by AdvantageWest;
(B) 2 members shall be appointed by HandMade In America,
Inc.;
(C) 1 member shall be appointed by the Education and
Research Consortium of Western North Carolina;
(D) 1 member shall be appointed by the Eastern Band of the
Cherokee Indians; and
(E) 3 members shall--
(i) be appointed by the Governor of the State;
(ii) reside in geographically diverse regions of the
Heritage Area;
(iii) be a representative of State or local governments or
the private sector; and
(iv) have knowledge of tourism, economic and community
development, regional planning, historic preservation,
cultural or natural resources development, regional planning,
conservation, recreational services, education, or museum
services.
(e) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the management entity shall submit to
the Secretary for approval a management plan for the Heritage
Area.
(2) Consideration of other plans and actions.--In
developing the management plan, the management entity shall--
(A) for the purpose of presenting a unified preservation
and interpretation plan, take into consideration Federal,
State, and local plans; and
(B) provide for the participation of residents, public
agencies, and private organizations in the Heritage Area.
(3) Contents.--The management plan shall--
(A) present comprehensive recommendations and strategies
for the conservation, funding, management, and development of
the Heritage Area;
(B) identify existing and potential sources of Federal and
non-Federal funding for the conservation, management, and
development of the Heritage Area; and
(C) include--
(i) an inventory of the cultural, historical, natural, and
recreational resources of the Heritage Area, including a list
of property that--
(I) relates to the purposes of the Heritage Area; and
(II) should be conserved, restored, managed, developed, or
maintained because of the significance of the property;
(ii) a program of strategies and actions for the
implementation of the management plan that identifies the
roles of agencies and organizations that are involved in the
implementation of the management plan;
(iii) an interpretive and educational plan for the Heritage
Area;
(iv) a recommendation of policies for resource management
and protection that develop intergovernmental cooperative
agreements to manage and protect the cultural, historical,
natural, and recreational resources of the Heritage Area; and
(v) an analysis of ways in which Federal, State, and local
programs may best be coordinated to promote the purposes of
this Act.
(4) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date described in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until a management plan is submitted
to the Secretary.
(5) Approval or disapproval of management plan.--
(A) In general.--Not later than 90 days after receiving the
management plan submitted under paragraph (1), the Secretary
shall approve or disapprove the management plan.
(B) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether the
management plan--
(i) has strong local support from landowners, business
interests, nonprofit organizations, and governments in the
Heritage Area; and
(ii) has a high potential for effective partnership
mechanisms.
(C) Action following disapproval.--If the Secretary
disapproves a management plan under subparagraph (A), the
Secretary shall--
(i) advise the management entity in writing of the reasons
for the disapproval;
(ii) make recommendations for revisions to the management
plan; and
(iii) allow the management entity to submit to the
Secretary revisions to the management plan.
(D) Deadline for approval of revision.--Not later than 60
days after the date on which a revision is submitted under
subparagraph (C), the Secretary shall approve or disapprove
the proposed revision.
(6) Amendment of approved management plan.--
(A) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(i) review the management plan; and
(ii) submit to the Secretary, for review and approval, the
recommendation of the management entity for any amendments to
the management plan.
(B) Use of funds.--No funds made available under subsection
(i)(1) shall be used to implement any amendment proposed by
the management entity under subparagraph (A)(ii) until the
Secretary approves the amendment.
(f) Authorities and Duties of the Management Entity.--
(1) Authorities.--For the purposes of developing and
implementing the management plan, the management entity may
use funds made available under subsection (i)(1) to--
(A) make loans and grants to, and enter into cooperative
agreements with, the State (including a political
subdivision), nonprofit organizations, or persons;
(B) hire and compensate staff; and
(C) enter into contracts for goods and services.
(2) Duties.--In addition to developing the management plan,
the management entity shall--
(A) develop and implement the management plan while
considering the interests of diverse units of government,
businesses, private property owners, and nonprofit groups in
the Heritage Area;
(B) conduct public meetings in the Heritage Area at least
semiannually on the development and implementation of the
management plan;
(C) give priority to the implementation of actions, goals,
and strategies in the management plan, including providing
assistance to units of government, nonprofit organizations,
and persons in--
(i) carrying out the programs that protect resources in the
Heritage Area;
(ii) encouraging economic viability in the Heritage Area in
accordance with the goals of the management plan;
(iii) establishing and maintaining interpretive exhibits in
the Heritage Area;
(iv) developing recreational and educational opportunities
in the Heritage Area; and
(v) increasing public awareness of and appreciation for the
cultural, historical, and natural resources of the Heritage
Area; and
(D) for any fiscal year for which Federal funds are
received under subsection (i)(1)--
(i) submit to the Secretary a report that describes, for
the fiscal year--
(I) the accomplishments of the management entity;
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(II) the expenses and income of the management entity; and
(III) each entity to which a grant was made;
(ii) make available for audit by Congress, the Secretary,
and appropriate units of government, all records relating to
the expenditure of funds and any matching funds; and
(iii) require, for all agreements authorizing expenditure
of Federal funds by any entity, that the receiving entity
make available for audit all records relating to the
expenditure of funds.
(3) Prohibition on the acquisition of real property.--The
management entity shall not use Federal funds received under
subsection (i)(1) to acquire real property or an interest in
real property.
(g) Technical and Financial Assistance.--
(1) In general.--The Secretary may provide to the
management entity technical assistance and, subject to the
availability of appropriations, financial assistance, for use
in developing and implementing the management plan.
(2) Priority for assistance.--In providing assistance under
paragraph (1), the Secretary shall give priority to actions
that facilitate--
(A) the preservation of the significant cultural,
historical, natural, and recreational resources of the
Heritage Area; and
(B) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources of the Heritage Area.
(h) Land Use Regulation.--
(1) In general.--Nothing in this Act--
(A) grants any power of zoning or land use to the
management entity; or
(B) modifies, enlarges, or diminishes any authority of the
Federal Government or any State or local government to
regulate any use of land under any law (including
regulations).
(2) Private property.--Nothing in this Act--
(A) abridges the rights of any person with respect to
private property;
(B) affects the authority of the State or local government
with respect to private property; or
(C) imposes any additional burden on any property owner.
(i) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(2) Non-federal share.--The non-Federal share of the cost
of any activities carried out using Federal funds made
available under paragraph (1) shall be not less than 50
percent.
(j) Termination of authority.--The authority of the
Secretary to provide assistance under this Act terminates on
the date that is 15 years after the date of enactment of this
Act.
______
SA 245. Mr. DOMENICI submitted an amendment intended to be proposed
by him to the joint resolution H.J. Res. 2, making further continuing
appropriations for the fiscal year 2003, and for other purposes; which
was ordered to lie on the table; as follows:
On Page 1027, strike Title II of Division M in its entirety
and insert the following:
TITLE II--PRICE-ANDERSON ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Price-Anderson Amendments
Act of 2002''.
SEC. 202. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) Indemnification of Nuclear Regulatory Commission
Licensees.--Section 170c. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(c)) is amended--
(1) in the subsection heading, by striking ``LICENSES'' and
inserting ``LICENSEES''; and
(2) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2017''.
(b) Indemnification of Department of Energy Contractors.--
Section 170d. (1)(A) of the Atomic Energy Act of 1954 (42
U.S.C. 2210(d)(1)(A)) is amended by striking ``December 31,
2004'' and inserting ``August 1, 2017''.
(c) Indemnification of Nonprofit Educational
Institutions.--Section 170k. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002''
each place it appears and inserting ``August 1, 2017''.
(d) Effective Date.--The indemnification authority extended
by this section shall apply to nuclear incidents occurring on
or after August 1, 2002.
SEC. 203. MAXIMUM ASSESSMENT.
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C.
2210) is amended--
(1) in the second proviso of the third sentence of
subsection b.(1)--
(A) by striking ``$63,000,000'' and inserting
``$94,000,000''; and
(B) by striking ``$10,000,000 in any 1 year'' and inserting
``$15,000,000 in any 1 year (subject to adjustment for
inflation under subsection t.''; and
(2) in subsection t.(1)--
(A) by inserting ``total and annual'' after ``amount of the
maximum'';
(B) by striking ``the date of the enactment of the Price-
Anderson Amendments Act of 1988'' and inserting ``July 1,
2002''; and
(C) by striking ``such date of enactment'' and inserting
``July 1, 2002''.
SEC. 204. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) Indemnification of Department of Energy Contractors.--
Section 170d. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)) is amended by striking paragraph (2) and inserting
the following:
(2) In an agreement of indemnification entered into under
paragraph (1), the Secretary--
``(A) may require the contractor to provide and maintain
financial protection of such a type and in such amounts as
the Secretary shall determine to be appropriate to cover
public liability arising out of or in connection with the
contractual activity; and
``(B) shall indemnify the persons indemnified against such
liability above the amount of the financial protection
required, in the amount of $10,000,000,000 (subject to
adjustment for inflation under subsection t.), in the
aggregate, for all persons indemnified in connection with the
contract and for each nuclear incident, including such legal
costs of the contractor as are approved by the Secretary.''.
(b) Contract Amendments.--Section 170 d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by
striking paragraph (3) and inserting the following:
``(3) All agreements of indemnification under which the
Department of Energy (or its predecessor agencies) may be
required to indemnify any person under this section shall be
deemed to be amended, on the date of enactment of the Price-
Anderson Amendments Act of 2002, to reflect the amount of
indemnity for public liability and any applicable financial
protection required of the contractor under this
subsection.''.
``(c) Liability Limit.--Section 170 e.(1)(B) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
(1) by striking ``the maximum amount of financial
protection required under subsection b. or''; and
(2) by striking ``paragraph (3) of subsection d., whichever
amount is more'' and inserting ``paragraph (2) of subsection
d.''.
SEC. 205. INCIDENTS OUTSIDE THE UNITED STATES.
(a) Amount of Indemnification.--Section 170 d.(5) of the
Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended
by striking ``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170 e.(4) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by
striking ``$100,000,000'' and inserting ``$500,000,000''.
SEC. 206. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(p)) is amended by striking ``August 1, 1998'' and
inserting ``August 1, 2013''.
SEC. 207. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(t)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
``(2) The Secretary shall adjust the amount of
indemnification provided under an agreement of
indemnification under subsection d. not less than once during
each 5-year period following July 1, 2002, in accordance with
the aggregate percentage change in the Consumer Price Index
since--
``(A) that date, in the case of the first adjustment under
this paragraph; or
``(B) the previous adjustment under this paragraph.''.
SEC. 208. TREATMENT OF MODULAR REACTORS.
Section 170b. of the Atomic Energy Act of 1954 (42 U.S.C.
2210(b)) is amended by adding at the end the following:
``(5)(A) For purposes of this section only, the Commission
shall consider a combination of facilities described in
subparagraph (B) to be a single facility having a rated
capacity of 100,000 electrical kilowatts or more.
``(B) A combination of facilities referred to in
subparagraph (A) is 2 or more facilities located at a single
site, each of which has a rated capacity of 100,000
electrical kilowatts or more but not more than 300,000
electrical kilowatts, with a combined rated capacity of not
more than 1,300,000 electrical kilowatts.''.
SEC. 209. APPLICABILITY.
The amendments made by sections 203, 204, and 205 do not
apply to a nuclear incident that occurs before the date of
the enactment of this Act.
SEC. 210. CIVIL PENALTIES.
(a) Repeal of Automatic Remission.--Section 234A b.(2) of
the Atomic Energy Act of 1954 (42 U.S.C. 2 282 a(b)(2)) is
amended by striking the last sentence.
(b) Limitation for Not-for-Profit Institutions.--Subsection
d. of section 234A of the Atomic Energy Act of 1954 (42
U.S.C. 2282a(d)) is amended to read as follows:
``d. (1) Notwithstanding subsection a., in the case of any
not-for-profit contractor, subcontractor, or supplier, the
total amount of civil penalties paid under subsection a. may
not exceed the total amount of fees paid within any one-year
period (as determined by the Secretary) under the contract
under which the violation occurs.
``(2) For purposes of this section, the term `not-for-
profit' means that no part of the net earnings of the
contractor subcontractor, or supplier inures, or may lawfully
inure, to the benefit of any natural person or for-profit
artificial person.''.
(c) Effective Date.--The amendments made by this section
shall not apply to any
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violation of the Atomic Energy Act of 1954 occurring under a
contract entered into before the date of enactment of this
section.
____________________