To provide humanitarian food assistance in connection with U.S. activities in Iraq.

TEXT OF AMENDMENTS

SA 435. Mr. STEVENS proposed an amendment to the bill S. 762, making
supplemental appropriations to support Department of Defense operations
in Iraq, Department of Homeland Security, and Related Efforts for the
fiscal year ending September 30, 2003, and for other purposes; as
follows:

Section 3101 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(d) The National Debt Ceiling of the United States shall
be increased by the total amount of funds appropriated by Act
of Congress for the Department of Defense, Department of
Homeland Security or any other Agency of government to
prosecute the war against terrorism, the war in Afghanistan,
the war in Iraq, since September 11, 2001.
______

SA 436. Mr. STEVENS (for himself, Mr. Inouye, Mr. Durbin, Mr. Warner,
Mr. Chambliss, Ms. Mikulski, Mrs. Dole, Mr. Daschle, Mr. Corzine, Mr.
Levin, Mrs. Boxer, and Mrs. Clinton) proposed an amendment to the bill
S. 762, making supplemental appropriations to support Department of
Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 2003, and for
other purposes; as follows:

At the end of chapter 3 of title I add the following:
(a) Increase in Imminent Danger Special Pay.--Section
310(a) of title 37, United States Code, is amended by
striking ``$150'' and inserting ``$225''.
(b) Increase in Family Separation Allowance.--Section
427(a)(1) of title 37, United States Code, is amended by
striking ``$100'' and inserting ``$250''.
(c) Expiration.--(1) The amendment made by subsections (a)
and (b) shall expire on September 30, 2003.
(2) Effective on September 30, 2003, sections 310(a) of
title 37, United States Code, and 427(a)(1) of title 37,
United States Code, as in effect on the day before the date
of the enactment of this Act are hereby revived.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on Oct. 1, 2002 and shall apply
with respect to months beginning on or after that date.

[[Page S4717]]

______

SA 437. Mr. DURBIN (for himself and Mr. Levin) proposed an amendment
to amendment SA 436 proposed by Mr. Stevens (for himself, Mr. Inouye,
Mr. Durbin, Mr. Warner, Mr. Chambliss, Ms. Mikulski, Mrs. Dole, Mr.
Daschle, Mr. Corzine, Mr. Levin, Mrs. Boxer, and Mrs. Clinton) to the
bill S. 762, making supplemental appropriations to support Department
of Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 2003, and for
other purposes; as follows:

In the amendment strike all after the first word and insert
the following:
(a) Increase in Imminent Danger Special Pay.--Section
310(a) of title 37, United States Code, is amended by
striking ``$150'' and inserting ``$250''.
(b) Increase in Family Separation Allowance.--Section
427(a)(1) of title 37, United States Code, is amended by
striking ``$100'' and inserting ``$250''.
(c) Expiration.--(1) The amendment made by subsections (a)
and (b) shall expire on September 30, 2003.
(2) Effective on September 30, 2003, sections 310(a) of
title 37, United States Code, and 427(a)(1) of title 37,
United States Code, as in effect on the day before the date
of the enactment of this Act are hereby revived.
______

SA 438. Mrs. CLINTON (for herself and Mr. Leahy) submitted an
amendment intended to be proposed by her to the bill S. 762, making
supplemental appropriations to support Department of Defense operations
in Iraq, Department of Homeland Security, and Related Efforts for the
fiscal year ending September 30, 2003, and for other purposes; which
was ordered to lie on the table; as follows:

On page __, between lines __ and __, insert the following:

SEC. __. REPORTING REQUIREMENT.

(a) In General.--Any Federal agency, including the
Department of Defense and the Agency for International
Development, which contracts with a private company for a
reconstruction project in Iraq shall submit a report to
Congress not later than 30 days after the execution each such
contract if--
(1) the amount of the contract is greater than $10,000,000;
and
(2) the procurement process underlying the contract was not
subject to standard competitive bidding procedures.
(b) Contents.--The report required under subsection (a)
shall include--
(1) the terms of the contract;
(2) the reasons the agency did not use standard competitive
bidding procedures; and
(3) a description of how the agency identified and
solicited companies to perform the functions required by the
contract.
______

SA 439. Mrs. FEINSTEIN (for herself, Ms. Mikulski, Mr. Dodd, and Mr.
Dayton) submitted an amendment intended to be proposed by her to the
bill S. 762, making supplemental appropriations to support Department
of Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 2003, and for
other purposes; which was ordered to lie on the table; as follows:

On page 38, after line 10, insert the following:

ADDITIONAL AMOUNTS

Sec. __. For an additional amount, not otherwise provided
for, to carry out activities under the National Flood
Insurance Act of 1968 and the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001 et seq.), the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), the Earthquake Hazards Reduction Act of 1977 (42
U.S.C. 7701 et seq.), the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2201 et seq.), the Defense Production
Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and
303 of the National Security Act of 1947 (50 U.S.C. 404-405),
and Reorganization Plan No. 3 of 197, $200,000,000, to remain
available until expended. Provided, That this amount shall be
for grants to improve public safety communications and
interoperability.
Sec. __. For an additional amount, not otherwise provided
for, to carry out activities authorized by the Violent Crime
Control and Law Enforcement Act of 1994, Public Law 103-322
(including administrative costs), $200,000,000, to remain
available until expended. Provided, That this amount shall be
for the COPS Interoperable Communications Technology Program
to provide grants to improve public safety communications and
interoperability.
______

SA 440. Mr. REID (for himself, Mrs. Clinton, Mr. Schumer, Mr.
Lieberman, and Ms. Stabenow) proposed an amendment to the bill S. 762,
making supplemental appropriations to support Department of Defense
operations in Iraq, Department of Homeland Security, and Related
Efforts for the fiscal year ending September 30, 2003, and for other
purposes; as follows:

On page 18, line 8, strike all that follows through page
20, line 10 and insert the following:

CHAPTER

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS--CIVIL

Operations and Maintenance, General

For an additional amount for homeland security expenses,
for ``Operations and Maintenance, General'', $29,000,000, to
remain available until expended.

DEPARTMENT OF THE INTERIOR

Bureau of reclamation

water and related resources

For an additional amount for homeland security expenses,
for ``Water and Related Resources'', $25,000,000, to remain
available until expended.

DEPARTMENT OF ENERGY

Energy Programs

science

For an additional amount for ``Science'' for emergency
expenses necessary to support safeguard and security
activities, $10,000,000, to remain available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

weapons activities

For an additional amount for ``Weapons Activities'' for
emergency expenses necessary to safeguard nuclear weapons and
nuclear material $70,000,000 to remain available until
expended: Provided, That $30,000,000 of the funds provided
shall be available for secure transportation asset
activities: Provided further, That $40,000,000 of the funds
provided shall be available to meet increased safeguards and
security needs throughout the nuclear weapons complex,
including at least $15,000,000 for cyber security.

nuclear nonproliferation

For an additional amount for ``Nuclear Nonproliferation''
for emergency expenses necessary to safeguard fissile nuclear
material, $300,000,000, to remain available until expended:
Provided, That $135,000,000 of the funds provided shall be
available for the development of nuclear detectors at mega
seaports, in coordination with the Department of Homeland
Security Bureau of Customs and Border Protection: Provided
further, That $40,000,000 of the funds provided shall be
available for detection and deterrence of radiological
dispersal devices: Provided further, That $20,000,000 of the
funds provided shall be available for nonproliferation
assistance to nations other than the Former Soviet Union:
Provided further, That $20,000,000 of the funds provided
shall be available for nonproliferation forensics and
attribution: Provided further, That $15,000,000 of the funds
provided shall be available for nuclear nonproliferation
verification program, including $2,500,000 for the Caucasus
Seismic Network: Provided further, That $12,000,000 of the
funds provided shall be available for nonproliferation
assistance to Russian strategic rocket forces: Provided
further, That $10,000,000 of the funds provided shall be
available for the packaging and disposition of any nuclear
material found in Iraq: Provided further, That $10,000,000 of
the funds provided shall be available for nuclear material
detection materials and devices: Provided further, That
$10,000,000 of the funds provided shall be available for
lower yield nuclear detection: Provided further, That
$10,000,000 of the funds provided shall be available for
nuclear material characterization: Provided further, That
$5,000,000 of the funds provided shall be available for a
radionuclide deployable analysis system: Provided further,
That $5,000,000 of the funds provided shall be available
for U.S. export control nuclear security: Provided
further, That $5,000,000 of the funds provided shall be
available for international export control cooperation
activities: Provided further, That $2,000,000 of the funds
provided shall be available for support of proliferation
analyses in post-war Iraq: Provided further, That
$1,000,000 of the funds provided shall be available for
vulnerability assessments of spent nuclear fuel casks.

environmental and other defense activities

defense environmental restoration and waste management

For an additional amount for ``Defense Environmental
Restoration and Waste Management'', or emergency expenses
necessary to support safeguards and security activities at
nuclear and other facilities, $15,000,000, to remain
available until expended.

defense facility closure projects

For an additional amount for ``Defense Facility Closure
Projects'' for emergency expenses necessary to support
safeguard and security activities at nuclear and other
facilities, $5,000,000, to remain available until expended.

other defense activities

For an additional amount for ``Other Defense Activities'',
$18,000,000, to remain available until expended, for
increased safeguard and security of Department of Energy
facilities and personnel, including intelligence and
counterintelligence activities: Provided, That this amount
shall be available for transfer to other accounts within the
Department of Energy for other expenses necessary to support
elevated security conditions 15 days after notification to
the Congress of the proposed transfers.

[[Page S4718]]

______

SA 441. Mr. LEAHY (for himself, Mr. Craig, Mr. Kerry, Mr. Schumer,
Ms. Mikulski, Mr. Bingaman, Mrs. Lincoln, Mr. Harkin, Mr. Pryor, Mr.
Sarbanes, Mrs. Murray, Mr. Warner, Mr. Grassley, Mr. Feingold, Mr.
Jeffords, Mr. Crapo, Ms. Cantwell, Mr. Kennedy, Mr. Kohl, Mrs.
Feinstein, Mr. Wyden, Mr. Allen, Mr. Baucus, Mr. Corzine, Mr.
Lautenberg, Mr. Johnson, Mr. Reid, Mrs. Clinton, Mr. Campbell, Mr.
Lieberman, Mr. Dayton, Mr. Coleman, Ms. Snowe, Mr. Chafee, Mr. Reed,
Mr. Allard, Mr. Burns, Mr. Dorgan, Mr. Lugar, Mr. Durbin, Mr. Nelson of
Nebraska, Mr. Roberts, Ms. Landrieu, Mr. Levin, and Ms. Collins)
submitted an amendment intended to be proposed by him to the bill S.
762, making supplemental appropriations to support Department of
Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 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 ORGANICALLY PRODUCED FEED FOR CERTIFICATION
AS ORGANIC FARM.

Section 771 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2003 (division A of Public Law 108-7) is repealed.
______

SA 442. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 47, line 5, before the ``.'' insert the following:
On page 46, line 13, strike ``$106,060,000'' and insert
``$117,060,000''.
Provided further, That of the amount made available under
this heading, $10,000,000 to remain available until September
30, 2004, shall only be available for incorporation of
additional technologies for disseminating terrorism warnings
within the All Hazards Warning Network.
______

SA 443. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

At an appropriate place, insert the following:
Sec. _. (a) None of the funds appropriated or otherwise
made available by this Act for purposes of reconstruction in
Iraq may be obligated or expended to pay any person who is a
citizen of a country named in subsection (b), any person that
is organized under the laws of such a country, any person
that is affiliated with a person organized under the laws of
such a country, or any person that is owned by a person
organized under the laws of such a country.
(b) Subsection (a) applies with respect to France and
Germany.
(c) Subsection (a) does not apply to an individual employed
by the United Nations or any other international
organization, or by a nongovernmental organization operated
on a not-for-profit basis, with respect to the performance of
the duties of the individual's position of employment with
the United Nations, such other international organization, or
such nongovernmental organization.
(d) Subsection (a) does not apply to a person who is a
citizen of the United States or that is organized under the
laws of the United States.
______

SA 444. Mr. BUNNING submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq. Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:
Sec.  . For an additional amount for the law enforcement
technology program under the heading ``Community Oriented
Policing Services'' in the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2003, $5,000,000 for the Louisville-Jefferson County,
Kentucky Public Safety Communications System to implement a
common interoperable voice and data communications system for
public safety organizations in the metropolitan area.
______

SA 445. Mr. HOLLINGS (for himself, Ms. Stabenow, Mrs. Boxer, Mr.
Schumer, Mr. Graham of Florida, Mr. Kerry, and Mr. Breaux) proposed an
amendment to the bill S. 762, making supplemental appropriations to
support Department of Defense operations in Iraq, Department of
Homeland Security, and Related Efforts for the fiscal year ending
September 30, 2003, and for other purposes; as follows:

At the appropriate place insert the following:

DEPARTMENT OF HOMELAND SECURITY

United States Coast Guard

operating expenses

For an additional amount for ``Operating Expenses'',
$93,000,000, to remain available until December 31, 2003, of
which not less than $50,000,000 shall be for port
vulnerability assessments and the port vulnerability
assessment program, and not less than $7,000,000 shall be for
the purchase of radiation detection equipment, and not less
than $36,000,000 shall be for the establishment of Maritime
Safety and Security Teams.

acquisition, construction and improvements

For an additional amount for ``Acquisition, Construction
and Improvements'', $57,000,000, to remain available until
December 31, 2003, to implement the Automated Identification
System and other tracking systems designed to actively track
and monitor vessels operating in United States waters.

Border and Transportation Security

customs and border protection

For an additional amount for ``Customs and Border
Protection'', $160,000,000, to remain available until
December 31, 2003, of which not less than $110,000,000 shall
be for the deployment and installation of portal screening
equipment at our Nation's seaports, and of which not less
than $50,000,000 shall be for the evaluation and
implementation, in coordination with the Transportation
Security Administration, to secure systems of transportation
such as the Container Security Initiative and the Customs-
Trade Partnership Against Terrorism.

Transportation Security Administration

For an additional amount for ``Salaries and Expenses'',
$680,000,000, to remain available until December 31, 2003, of
which not less than $600,000,000 shall be available for port
security grants for the purpose of implementing the
provisions of the Maritime Transportation Security Act, and
not less than $30,000,000 shall be for continued development
and implementation of the Transportation Worker
Identification Card as well as for background checks of
transportation workers who work in secure areas or who work
with sensitive cargo or information, and not less than
$50,000,000 shall be for the evaluation and implementation,
in coordination with the Bureau of Customs and Border
Protection, of secure systems of transportation such as
Operation Safe Commerce.

Federal Law Enforcement Training Center

salaries and expenses

For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2004,
for the development of seaport security training programs,
and for equipment and personnel to provide training to
Federal, State and local law enforcement agencies and,
notwithstanding any provision of law, private security
personnel performing seaport security functions.
______

SA 446. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 47, line 5, before the ``.'' insert the following:
On page 46, line 13, strike ``$106,060,000'' and insert
``$117,060,000''.
Provided further, That of the amount made available under
this heading, $10,000,000 to remain available until September
30, 2004, shall only be available for incorporation of
additional technologies for disseminating terrorism warnings
within the All Hazards Warning Network.
______

SA 447. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
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 Army, acting through the Chief
of Engineers, shall use previously provided funds to
expeditiously complete dam safety and seepage stability
correction measures for the Waterbury Dam, VT project.

[[Page S4719]]

______

SA 448. Mr. KERRY (for himself, Ms. Snowe, and Mr. Bennett) submitted
an amendment intended to be proposed by him to the bill S. 762, making
supplemental appropriations to support Department of Defense operations
in Iraq. Department of Homeland Security, and Related Efforts for the
fiscal year ending September 30, 2003, and for other purposes; which
was ordered to lie on the table; as follows:

Insert at the appropriate place in the bill:
Sec. __. Section 624 of division B of the Consolidated
Appropriations Resolution, 2003 (Public Law 108-7), is
amended by inserting before the period at the end: ``and,
effective as of October 1, 2002, by inserting `and subject to
the provisions of Public Law 108-8,' after `until expended,'
''.
______

SA 449. Mrs. FEINSTEIN (for herself, Mr. Bingaman, and Mr. Schumer)
submitted an amendment intended to be proposed by her to the bill S.
762, making supplemental appropriations to support Department of
Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 2003, and for
other purposes; which was ordered to lie on the table; as follows:

On page 3, after line 6, insert the following:

additional amounts

Sec.__. For an additional amount for the Department of
Justice $315,000,000 shall be made available for the State
Criminal Alien Assistance Program (SCAAP) to restore funding
for fiscal year 2003 to the fiscal year 2002 level of
$565,000,000.
______

SA 450. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq. Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 32, line 13 strike the period and add the following
``: Provided further, That of the funds appropriated under
this heading $4.3 million shall be made available to the
Agency for International Development Office of Inspector
General for the purpose of monitoring and auditing
expenditures for Iraqi Reconstruction: Provided further, That
such sums are in addition to funds otherwise made available
to the Office of the Inspector General.''
______

SA 451. Mr. ALLARD (for himself, Mr. Warner, Mr. Pryor, Mr. McCain,
Mr. Graham of Florida, Mr. Graham of South Carolina, Mrs. Dole, Mr.
Chambliss, Mr. Nelson of Florida, Mr. Corzine, Mr. Cornyn, Mrs.
Clinton, Ms. Collins, Mr. Lieberman, and Mr. Dodd) proposed an
amendment to the bill S. 762, making supplemental appropriations to
support Department of Defense operations in Iraq, Department of
Homeland Security, and Related Efforts for the fiscal year ending
September 30, 2003, and for other purposes; as follows:

On page 89, between lines 4 and 5, insert the following:

TITLE V--PANEL TO REVIEW SEXUAL MISCONDUCT ALLEGATIONS AT UNITED STATES
AIR FORCE ACADEMY

SEC. 501. ESTABLISHMENT OF PANEL.

(a) Establishment.--There is established a panel to review
allegations of sexual misconduct allegations at the United
States Air Force Academy.
(b) Composition.--The panel shall be composed of seven
members, appointed by the Secretary of Defense from among
private United States citizens who have knowledge or
expertise in matters relating to sexual assault, rape, and
the United States military academies.
(c) Chairman.--The Secretary of Defense shall, in
consultation with the Chairmen of the Committees on Armed
Services of the Senate and House of Representatives, select
the Chairman of the panel from among its members under
subsection (b).
(d) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the panel. Any vacancy in the panel
shall be filled in the same manner as the original
appointment.
(e) Meetings.--The panel shall meet at the call of the
Chairman.
(f) Initial Organization Requirements.--(1) All original
appointments to the panel shall be made not later than May 1,
2003.
(2) The Chairman shall convene the first meeting of the
panel not later than May 2, 2003.

SEC. 502. DUTIES OF PANEL.

(a) In General.--The panel established under section 501(a)
shall carry out a study in order to determine responsibility
and accountability for the establishment or maintenance of an
atmosphere at the United States Air Force Academy that was
conducive to sexual misconduct (including sexual assaults and
rape) at the United States Air Force Academy.
(b) Review.--In carrying out the study required by
subsection (a), the panel shall--
(1) the actions taken by United States Air Force academy
personnel and other Department of the Air Force officials in
response to allegations of sexual assaults at the United
States Air Force Academy;
(2) review directives issued by the United States Air Force
pertaining to sexual misconduct at the United States Air
Force Academy;
(3) review the effectiveness of the process, procedures,
and policies used at the United States Air Force Academy to
respond to allegations of sexual misconduct;
(4) review the relationship between--
(A) the command climate for women at the United States Air
Force Academy; and
(B) the circumstances that resulted in sexual misconduct at
the Academy; and
(5) review, evaluate, and assess such other matters and
materials as the panel considers appropriate for the study.
(c) Report.--(1) Not later than 90 days after its first
meeting under section 501(f)(2), the panel shall submit to
the President, the Secretary of the Air Force, and Congress a
report on the study required by subsection (a).
(2) The report shall include--
(A) the findings and conclusions of the panel as a result
of the study; and
(B) any recommendations for legislative or administrative
action that the panel considers appropriate in light of the
study.

SEC. 503. PERSONNEL MATTERS.

(a) Pay of Members.--(1) Members of the panel established
under section 501(a) shall serve without pay by reason of
their work on the panel.
(2) Section 1342 of title 31, United States Code, shall not
apply to the acceptance of services of a member of the panel
under this title.
(b) Travel Expenses.--The members of the panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the panel.
______

SA 452. Ms. LANDRIEU proposed an amendment to the bill S. 762, making
supplemental appropriations to support Department of Defense operations
in Iraq, Department of Homeland Security, and Related Efforts for the
fiscal year ending September 30, 2003, and for other purposes; as
follows:

In chapter 3 of title I, under the heading
``PROCUREMENT'', insert after the matter relating to
``Procurement, Defense-Wide'' the following:

National Guard and Reserve Equipment

For an additional amount for ``National Guard and Reserve
Equipment'', $1,047,000,000.
______

SA 453. Mr. ALLEN (for himself, Mr. Harkin, and Mr. Hollings)
submitted an amendment intended to be proposed by him to the bill S.
762, making supplemental appropriations to support Department of
Defense operations in Iraq, Department of Homeland Security, and
Related Efforts for the fiscal year ending September 30, 2003, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, add the following:
Sec.   .
``28 U.S.C. Section 1605 is amended by adding, at the end,
a new subsection ``(h)'' that reads:
`(h) Any United States citizen, and their immediate family
at the time, shall have a claim for money damages against a
foreign state, as authorized by subsection (a)(7), for death
or personal injury (including economic damages, solatium,
pain and suffering) caused by the foreign state's act of
torture, extrajudicial killing, aircraft sabotage, or hostage
taking. This subsection abrogates any other provision of law
and any international agreement that purports to bar,
preclude, terminate, extinguish, or suspend the claim. This
subsection is retroactive to November 1, 1979.' ''
______

SA 454. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

Section 501(b) of title V of division N of the Consolidated
Appropriations Resolution, 2003 is amended--
(1) by striking ``program authorized for the fishery in
Sec. 211'' and inserting ``programs authorized for the
fisheries in sections 211 and 212''; and
(2) by striking ``program in section 211'' and inserting
``programs in sections 211 and 212''.
______

SA 455. Mr. KOHL (for himself, Mr. Leahy, Mr. Byrd, Mr. Biden, Mrs.
Murray, Mr. Harkin, and Mr. Nelson of Florida) submitted an amendment

[[Page S4720]]

intended to be proposed by him to the bill S. 762, making supplemental
appropriations to support Department of Defense operations in Iraq,
Department of Homeland Security, and Related Efforts for the fiscal
year ending September 30, 2003, and for other purposes; which was
ordered to lie on the table; as follows:

On page 2, after line 7, insert the following:

``public law 480 title II grants

(including transfer of funds)

For additional expenses during the current fiscal year, not
otherwise recoverable, and unrecovered prior year's costs,
including interest thereon, under the Agricultural Trade
Development Act of 1954, $600,000,000, to remain available
until expended, for commodities supplied in connection with
dispositions abroad under title II of said Act. Provided,
That of this amount, $155,000,000 shall be used to restore
funding for previously approved fiscal year 2003 programs
under section 204(a)(2) of the Agricultural Trade Development
and Assistance Act of 1954: Provided further, That of the
funds provided under this heading, the Secretary of
Agriculture shall transfer to the Commodity Credit
Corporation such sums as are necessary to acquire, and shall
acquire, a quantity of commodities for use in administering
the Bill Emerson Humanitarian Trust in an amount equal to the
quantity allocated by the Corporation pursuant to the release
of March 19, 2003, and the release of March 20, 2003.
Provided further, That the authority contained in 7 U.S.C.
1736f-1(c)(4) shall not apply during fiscal year 2003 for any
release of commodities after the date of enactment of this
Act.''.
______

SA 456. Mr. McCAIN proposed an amendment to the bill S. 762, making
supplemental appropriations to support Department of Defense operations
in Iraq, Department of Homeland Security, and Related Efforts for the
fiscal year ending September 30, 2003, and for other purposes; as
follows:

On page 42, strike lines 16 through 22.
______

SA 457. Mr. EDWARDS submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 46, line 13, strike ``$106,060,00'' and insert
``$117,060,000''. On page 47, line 5, before ``.'' insert the
following ``: Provided further, That of the amount made
available under this heading, $10,000,000 to remain available
until September 30, 2004, shall only be available for the
incorporation of additional technologies for disseminating
terrorism warnings within the All Hazards Warning Network''.
______

SA 458. Mr. WYDEN. (for himself and Mr. Smith) submitted an amendment
intended to be proposed by him to the bill S. 762, making supplemental
appropriations to support Department of Defense operations in Iraq,
Department of Homeland Security, and Related Efforts for the fiscal
year ending September 30, 2003, and for other purposes; which was
ordered to lie on the table; as follows:

On page 54, line 15, insert before ``Section'' the
following:
``In addition to amounts otherwise available for water and
related resources, not to exceed $3,000,000, the Secretary of
Interior shall make available reimbursement for operation and
maintenance costs to eligible producers in the Klamath Basin,
pursuant to Public Law 107-349, the Klamath Basin Emergency
Operation and Maintenance Refund Act of 2002;''
______

SA 459. Mr. GRAHAM of Florida (for himself, Mr. Kerry, Ms. Mikulski,
Mr. Murray, Mr. Dorgan, Mr. Dayton, Mr. Daschle, Mr. Johnson, Ms.
Landrieu, Mr. Lautenberg, and Mrs. Clinton) submitted an amendment
intended to be proposed by him to the bill S. 762, making supplemental
appropriations to support Department of Defense operations in Iraq,
Department of Homeland Security, and Related Efforts for the fiscal
year ending September 30, 2003, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL CARE

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for
furnishing, as authorized by law, inpatient and outpatient
care and treatment to beneficiaries of the Department of
Veterans Affairs, including care and treatment in facilities
not under the jurisdiction of the department; and for
furnishing recreational facilities, supplies, and equipment
incident to the provision of hospital care, medical services,
and nursing home care authorized by section 1710(e)(1)(D) of
title 38, United States Code, $375,000,000; Provided, That
such amount shall remain available until expended.
______

SA 460. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 762, making supplemental appropriations to
support Department of Defense operations in Iraq, Department of
Homeland Security, and Related Efforts for the fiscal year ending
September 30, 2003, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC.    . EXTENSION OF ENERGY SAVINGS PERFORMANCE CONTRACTING
AUTHORITY.

Section 801 (c) of the National Energy Conservation Policy
Act (42 U.S.C. 8287(c)) is amended by striking ``October 1,
2003'' and inserting ``December 31, 2004.''
______

SA 461. Mr. COCHRAN submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 46, between lines 3 and 4, insert the following:
(e) Livestock Compensation Program.--Section 203(a) of the
Agricultural Assistance Act of 2003 (title II of division N
of Public Law 108-7)) is amended by adding at the end the
following:
``(3) Grants.--
``(A) In general.--To provide assistance to eligible
applicants under paragraph (2)(B), the Secretary shall
provide grants to appropriate State departments of
agriculture (or other appropriate State agencies) that agree
to provide assistance to eligible applicants.
``(B) Amount.--The total amount of grants provided under
subparagraph (A) shall be equal to the total amount of
assistance that the Secretary determines all eligible
applicants are eligible to receive under paragraph (2)(B).''.
______

SA 462. Mr. CORZINE (for himself and Mr. Edwards) proposed an
amendment to the bill S. 762, making supplemental appropriations to
support Department of Defense operations in Iraq, Department of
Homeland Security, and Related Efforts for the fiscal year ending
September 30, 2003, and for other purposes; as follows:

On page 89, between lines 4 and 5, insert the following:

TITLE __--CHEMICAL SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Chemical Security Act of
2003''.

SEC. __02. FINDINGS.

Congress finds that--
(1) the chemical industry is a crucial part of the critical
infrastructure of the United States--
(A) in its own right; and
(B) because that industry supplies resources essential to
the functioning of other critical infrastructures;
(2) the possibility of terrorist and criminal attacks on
chemical sources (such as industrial facilities) poses a
serious threat to public health, safety, and welfare,
critical infrastructure, national security, and the
environment;
(3) the possibility of theft of dangerous chemicals from
chemical sources for use in terrorist attacks poses a further
threat to public health, safety, and welfare, critical
infrastructure, national security, and the environment; and
(4) there are significant opportunities to prevent theft
from, and criminal attack on, chemical sources and reduce the
harm that such acts would produce by--
(A)(i) reducing usage and storage of chemicals by changing
production methods and processes; and
(ii) employing inherently safer technologies in the
manufacture, transport, and use of chemicals;
(B) enhancing secondary containment and other existing
mitigation measures; and
(C) improving security.

SEC. __03. DEFINITIONS.

In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chemical source.--The term ``chemical source'' means a
stationary source (as defined in section 112(r)(2) of the
Clean Air Act (42 U.S.C. 7412(r)(2))) that contains a
substance of concern.
(3) Covered substance of concern.--The term ``covered
substance of concern'' means a substance of concern that, in
combination with a chemical source and other factors, is
designated as a high priority category by the Administrator
under section __04(a)(1).
(4) Employee.--The term ``employee'' means--
(A) a duly recognized collective bargaining representative
at a chemical source; or

[[Page S4721]]

(B) in the absence of such a representative, other
appropriate personnel.
(5) First responder.--The term ``first responder'' includes
a firefighter.
(6) Fund.--The term ``Fund'' means the Technology
Transition Fund Established under section __08(a).
(7) Safer design and maintenance.--The term ``safer design
and maintenance'' includes, with respect to a chemical source
that is within a high priority category designated under
section __04(a)(1), implementation, to the extent
practicable, of the practices of--
(A) preventing or reducing the vulnerability of the
chemical source to a release of a covered substance of
concern through use of inherently safer technology;
(B) reducing any vulnerability of the chemical source to a
release of a covered substance of concern through use of
well-maintained secondary containment, control, or mitigation
equipment;
(C) reducing any vulnerability of the chemical source to a
release of a covered substance of concern by implementing
security measures; and
(D) reducing the potential consequences of any
vulnerability of the chemical source to a release of a
covered substance of concern through the use of buffer zones
between the chemical source and surrounding populations
(including buffer zones between the chemical source and
residences, schools, hospitals, senior centers, shopping
centers and malls, sports and entertainment arenas, public
roads and transportation routes, and other population
centers).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Security measure.--
(A) In general.--The term ``security measure'' means an
action carried out to increase the security of a chemical
source.
(B) Inclusions.--The term ``security measure'', with
respect to a chemical source, includes--
(i) employee training and background checks;
(ii) the limitation and prevention of access to controls of
the chemical source;
(iii) protection of the perimeter of the chemical source;
(iv) the installation and operation of an intrusion
detection sensor; and
(v) a measure to increase computer or computer network
security.
(10) Substance of concern.--
(A) In general.--The term ``substance of concern'' means--
(i) any regulated substance (as defined in section 112(r)
of the Clean Air Act (42 U.S.C. 7412(r))); and
(ii) any substance designated by the Administrator under
section __04(a).
(B) Exclusion.--The term ``substance of concern'' does not
include liquefied petroleum gas that is used as fuel or held
for sale as fuel at a retail facility as described in section
112(r)(4)(B) of the Clean Air Act (42 U.S.C. 7412(r)(4)(B)).
(11) Unauthorized release.--The term ``unauthorized
release'' means--
(A) a release from a chemical source into the environment
of a covered substance of concern that is caused, in whole or
in part, by a criminal act;
(B) a release into the environment of a covered substance
of concern that has been removed from a chemical source, in
whole or in part, by a criminal act; and
(C) a release or removal from a chemical source of a
covered substance of concern that is unauthorized by the
owner or operator of the chemical source.
(12) Use of inherently safer technology.--
(A) In general.--The term ``use of inherently safer
technology'', with respect to a chemical source, means use of
a technology, product, raw material, or practice that, as
compared with the technologies, products, raw materials, or
practices currently in use--
(i) reduces or eliminates the possibility of a release of a
substance of concern from the chemical source prior to
secondary containment, control, or mitigation; and
(ii) reduces or eliminates the threats to public health and
the environment associated with a release or potential
release of a substance of concern from the chemical source.
(B) Inclusions.--The term ``use of inherently safer
technology'' includes input substitution, catalyst or carrier
substitution, process redesign (including reuse or recycling
of a substance of concern), product reformulation, procedure
simplification, and technology modification so as to--
(i) use less hazardous substances or benign substances;
(ii) use a smaller quantity of covered substances of
concern;
(iii) reduce hazardous pressures or temperatures;
(iv) reduce the possibility and potential consequences of
equipment failure and human error;
(v) improve inventory control and chemical use efficiency;
and
(vi) reduce or eliminate storage, transportation, handling,
disposal, and discharge of substances of concern.

SEC. __04. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY
CATEGORIES.

(a) Designation and Regulation of High Priority
Categories.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Administrator,
in consultation with State and local agencies responsible for
planning for and responding to unauthorized releases and
providing emergency health care, shall promulgate regulations
to designate certain combinations of chemical sources and
substances of concern as high priority categories based on
the severity of the threat posed by an unauthorized release
from the chemical sources.
(2) Factors to be considered.--In designating high priority
categories under paragraph (1), the Secretary and the
Administrator shall consider--
(A) the severity of the harm that could be caused by an
unauthorized release;
(B) the proximity to population centers;
(C) the threats to national security;
(D) the threats to critical infrastructure;
(E) threshold quantities of substances of concern that pose
a serious threat; and
(F) such other safety or security factors as the Secretary
and the Administrator determine to be appropriate.
(3) Requirements for high priority categories.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Administrator,
in consultation with the United States Chemical Safety and
Hazard Investigation Board, and State and local agencies
described in paragraph (1), shall promulgate regulations to
require each owner and each operator of a chemical source
that is within a high priority category designated under
paragraph (1), in consultation with local law enforcement,
first responders, and employees, to--
(i) conduct an assessment of the vulnerability of the
chemical source to a terrorist attack or other unauthorized
release;
(ii) using appropriate hazard assessment techniques,
identify hazards that may result from an unauthorized release
of a covered substance of concern; and
(iii) prepare a prevention, preparedness, and response plan
that incorporates the results of those vulnerability and
hazard assessments.
(B) Actions and procedures.--A prevention, preparedness,
and response plan required under subparagraph (A)(iii) shall
include actions and procedures, including safer design and
maintenance of the chemical source, to eliminate or
significantly lessen the potential consequences of an
unauthorized release of a covered substance of concern.
(C) Threat information.--To the maximum extent permitted by
applicable authorities and the interests of national
security, the Secretary, in consultation with the
Administrator, shall provide owners and operators of chemical
sources with threat information relevant to the assessments
and plans required under subsection (b).
(4) Review and revisions.--Not later than 5 years after the
date of promulgation of regulations under each of paragraphs
(1) and (3), the Secretary and the Administrator shall review
the regulations and make any necessary revisions.
(5) Addition of substances of concern.--For the purpose of
designating high priority categories under paragraph (1) or
any subsequent revision of the regulations promulgated under
paragraph (1), the Secretary and the Administrator may
designate additional substances that pose a serious threat as
substances of concern.
(b) Certification.--
(1) Vulnerability and hazard assessments.--Not later than 1
year after the date of promulgation of regulations under
subsection (a)(3), each owner and each operator of a chemical
source that is within a high priority category designated
under subsection (a)(1) shall--
(A) certify to the Secretary that the chemical source has
conducted assessments in accordance with the regulations; and
(B) submit to the Secretary written copies of the
assessments.
(2) Prevention, preparedness, and response plans.--Not
later than 18 months after the date of promulgation of
regulations under subsection (a)(3), the owner or operator
shall--
(A) certify to the Secretary that the chemical source has
completed a prevention, preparedness, and response plan that
incorporates the results of the assessments and complies with
the regulations; and
(B) submit to the Secretary a written copy of the plan.
(3) 5-year review.--Not later than 5 years after each of
the date of submission of a copy of an assessment under
paragraph (1) and a plan under paragraph (2), and not less
often than every 3 years thereafter, the owner or operator of
the chemical source covered by the assessment or plan, in
coordination with local law enforcement and first responders,
shall--
(A) review the adequacy of the assessment or plan, as the
case may be; and
(B)(i) certify to the Secretary that the chemical source
has completed the review; and
(ii) as appropriate, submit to the Administrator any
changes to the assessment or plan.
(4) Protection of information.--
(A) Disclosure exemption.--Except with respect to
certifications specified in paragraphs (1) through (3) of
this subsection and section __05(a), all information provided
to the Administrator under this subsection, and all
information derived from that information, shall be exempt
from disclosure under section 552 of title 5, United States
Code.

[[Page S4722]]

(B) Development of protocols.--
(i) In general.--The Secretary, shall develop such
protocols as are necessary to protect the copies of the
assessments and plans required to be submitted under this
subsection (including the information contained in those
assessments and plans) from unauthorized disclosure.
(ii) Requirements.--The protocols developed under clause
(i) shall ensure that--

(I) each copy of an assessment or plan, and all information
contained in or derived from the assessment or plan, is
maintained in a secure location;
(II) except as provided in subparagraph (C), only the
Administrator (or a designee) and individuals designated by
the Secretary may have access to the copies of the
assessments and plans; and
(III) no copy of an assessment or plan or any portion of an
assessment or plan, and no information contained in or
derived from an assessment or plan, shall be available to any
person other than an individual designated by the Secretary.

(iii) Deadline.--As soon as practicable, but not later than
1 year after the date of enactment of this Act, the Secretary
shall complete the development of protocols under clause (i)
so as to ensure that the protocols are in place before the
date on which the Secretary receives any assessment or plan
under this subsection.
(C) Federal officers and employees.--An individual referred
to in subparagraph (B)(ii) who is an officer or employee of
the United States may discuss with a State or local official
the contents of an assessment or plan described in that
subparagraph.

SEC. __05. ENFORCEMENT.

(a) Review of Plans.--
(1) In general.--The Secretary, in consultation with the
head of the Administrator, shall review each assessment and
plan submitted under section __04(b) to determine the
compliance of the chemical source covered by the assessment
or plan with regulations promulgated under paragraphs (1) and
(3) of section __04(a).
(2) Certification of compliance.--
(A) In general.--The Secretary shall certify in writing
each determination of the Secretary under paragraph (1).
(B) Inclusions.--A certification of the Secretary shall
include a checklist indicating consideration by a chemical
source of the use of 4 elements of safer design and
maintenance described in subparagraphs (A) through (D) of
section __03(6).
(C) Early compliance.--
(i) In general.--The Secretary, in consultation with the
head of the Administrator, shall--

(I) before the date of publication of proposed regulations
under section __04(a)(3), review each assessment or plan
submitted to the Secretary under section __04(b); and
(II) before the date of promulgation of final regulations
under section __04(a)(3), determine whether each such
assessment or plan meets the consultation, planning, and
assessment requirements applicable to high priority
categories under section __04(a)(3).

(ii) Affirmative determination.--If the Secretary, in
consultation with the Administrator, makes an affirmative
determination under clause (i)(II), the Secretary shall
certify compliance of an assessment or plan described in that
clause without requiring any revision of the assessment or
plan.
(D) Schedule for review and certification.--
(i) In general.--The Secretary, after taking into
consideration the factors described in section __04(a)(2),
shall establish a schedule for the review and certification
of assessments and plans submitted under section __04(b).
(ii) Deadline for completion.--Not later than 3 years after
the deadlines for the submission of assessments and plans
under paragraph (1) or (2), respectively, of section __04(b),
the Secretary shall complete the review and certification of
all assessments and plans submitted under those sections.
(b) Compliance Assistance.--
(1) Definition of determination.--In this subsection, the
term ``determination'' means a determination by the Secretary
that, with respect to an assessment or plan described in
section __04(b)--
(A) the assessment or plan does not comply with regulations
promulgated under paragraphs (1) and (3) of section __04(a);
or
(B)(i) a threat exists beyond the scope of the submitted
plan; or
(ii) current implementation of the plan is insufficient to
address--
(I) the results of an assessment of a source; or
(II) a threat described in clause (i).
(2) Determination by secretary.--If the Secretary, after
consultation with the Administrator, makes a determination,
the Secretary shall--
(A) notify the chemical source of the determination; and
(B) provide such advice and technical assistance, in
coordination with the head of the Office and the United
States Chemical Safety and Hazard Investigation Board, as is
appropriate--
(i) to bring the assessment or plan of a chemical source
described in section __04(b) into compliance; or
(ii) to address any threat described in clause (i) or (ii)
of paragraph (1)(B).
(c) Compliance Orders.--
(1) In general.--If, after the date that is 30 days after
the later of the date on which the Secretary first provides
assistance, or a chemical source receives notice, under
subsection (b)(2)(B), a chemical source has not brought an
assessment or plan for which the assistance is provided into
compliance with regulations promulgated under paragraphs (1)
and (3) of section __04(a), or the chemical source has not
complied with an entry or information request under section
__06, the Secretary may issue an order directing compliance
by the chemical source.
(2) Notice and opportunity for hearing.--An order under
paragraph (1) may be issued only after notice and opportunity
for a hearing.
(d) Abatement Action.--
(1) In general.--Notwithstanding a certification under
section __05(a)(2), if the Secretary, in consultation with
local law enforcement officials and first responders,
determines that a threat of a terrorist attack exists that is
beyond the scope of a submitted prevention, preparedness, and
response plan of 1 or more chemical sources, or current
implementation of the plan is insufficient to address the
results of an assessment of a source or a threat described in
subsection (b)(1)(B)(i), the Secretary shall notify each
chemical source of the elevated threat.
(2) Insufficient response.--If the Secretary determines
that a chemical source has not taken appropriate action in
response to a notification under paragraph (1), the Secretary
shall notify the chemical source, the Administrator, and the
Attorney General that actions taken by the chemical source in
response to the notification are insufficient.
(3) Relief.--
(A) In general.--On receipt of a notification under
paragraph (2), the Secretary or the Attorney General may
secure such relief as is necessary to abate a threat
described in paragraph (1), including such orders as are
necessary to protect public health or welfare.
(B) Jurisdiction.--The district court of the United States
for the district in which a threat described in paragraph (1)
occurs shall have jurisdiction to grant such relief as the
Secretary or Attorney General requests under subparagraph
(A).

SEC. __06. RECORDKEEPING AND ENTRY.

(a) Records Maintenance.--A chemical source that is
required to certify to the Secretary assessments and plans
under section __04 shall maintain on the premises of the
chemical source a current copy of those assessments and
plans.
(b) Right of Entry.--In carrying out this title, the
Secretary or the Administrator (or an authorized
representative of the Secretary or the Administrator), on
presentation of credentials--
(1) shall have a right of entry to, on, or through any
premises of an owner or operator of a chemical source
described in subsection (a) or any premises in which any
records required to be maintained under subsection (a) are
located; and
(2) may at reasonable times have access to, and may copy,
any records, reports, or other information described in
subsection (a).
(c) Information Requests.--In carrying out this title, the
Secretary or the Administrator may require any chemical
source to provide such information as is necessary to--
(1) enforce this title; and
(2) promulgate or enforce regulations under this title.

SEC. __07. PENALTIES.

(a) Civil Penalties.--Any owner or operator of a chemical
source that violates, or fails to comply with, any order
issued may, in an action brought in United States district
court, be subject to a civil penalty of not more than $25,000
for each day in which such violation occurs or such failure
to comply continues.
(b) Criminal Penalties.--Any owner or operator of a
chemical source that knowingly violates, or fails to comply
with, any order issued shall--
(1) in the case of a first violation or failure to comply,
be fined not less than $2,500 nor more than $25,000 per day
of violation, imprisoned not more than 1 year, or both; and
(2) in the case of a subsequent violation or failure to
comply, be fined not more than $50,000 per day of violation,
imprisoned not more than 2 years, or both.
(c) Administrative Penalties.--
(1) Penalty orders.--If the amount of a civil penalty
determined under subsection (a) does not exceed $125,000, the
penalty may be assessed in an order issued by the Secretary.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against which the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30 days
after the date on which the notice is received by the person,
a hearing on the proposed order.

SEC. __08. TECHNOLOGY TRANSITION FUND.

(a) Establishment.--The Secretary and the Administrator
shall establish and administer a fund to be known as the
``Technology Transition Fund'', consisting of the amount
transferred to the Fund under subsection (c)(1).
(b) Use of Amounts in Fund.--Amounts in the Fund shall be
used by the Secretary and the Administrator to provide grants
to chemical facilities that demonstrate financial hardship to
assist those chemical facilities in transitioning to use of
inherently safer technology.
(c) Funding.--
(1) In general.--Notwithstanding any other provision of
law, out of any funds in

[[Page S4723]]

the Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Fund, for use by the Secretary
and the Administrator in carrying out this section, not later
than 30 days after the date of enactment of this Act,
$50,000,000.
(2) Receipt and acceptance.--The Secretary and the
Administrator shall be entitled to receive, shall accept, and
shall use to carry out this section the funds transferred to
the Fund under paragraph (1), without further appropriation.
(3) Availability of funds.--Funds transferred under
paragraph (1) shall remain available until expended.

SEC. __09. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

Nothing in this title affects any duty or other requirement
imposed under any other Federal or State law.

SEC. __10. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this title.
______

SA 463. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place; insert the following:

SEC.__.

Section 501(b) of title V of division N of the Consolidated
Appropriations Resolution, 2003 is amended--
(1) by striking ``program authorized for the fishery in Sec. 211''
and inserting ``programs authorized for the fisheries in sections 211
and 212''; and
(2) by striking ``program in section 211'' and inserting ``programs
in sections 211 and 212''.
______

SA 464. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. ADJUSTED PAY DIFFERENTIALS FOR FEDERAL LAW
ENFORCEMENT OFFICERS.

(a) Adjusted Differentials.--
(1) In general.--Paragraph (1) of section 404(b) of the
Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305
note) is amended by striking the matter after ``follows:''
and inserting the following:

``Area                                               Differential
Atlanta Consolidated Metropolitan Statistical Area............16.82%
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area...............................24.42%
Chicago-Gary-Kenosha, IL-IN-WI Consolidated Metropolitan
Statistical Area............................................25.68%
Cincinnati-Hamilton, OH-KY-IN Consolidated Metropolitan
Statistical Area............................................21.47%
Cleveland Consolidated Metropolitan Statistical Area..........17.83%
Columbus Consolidated Metropolitan Statistical Area...........16.90%
Dallas Consolidated Metropolitan Statistical Area.............18.51%
Dayton Consolidated Metropolitan Statistical Area.............15.97%
Denver-Boulder-Greeley, CO Consolidated Metropolitan Statistical
Area........................................................22.78%
Detroit-Ann Arbor-Flint, MI Consolidated Metropolitan Statistical
Area........................................................25.61%
Hartford, CT Consolidated Metropolitan Statistical Area.......24.47%
Houston-Galveston-Brazoria, TX Consolidated Metropolitan
Statistical Area............................................30.39%
Huntsville Consolidated Metropolitan Statistical Area.........13.29%
Indianapolis Consolidated Metropolitan Statistical Area.......13.38%
Kansas City Consolidated Metropolitan Statistical Area........14.11%
Los Angeles-Riverside-Orange County, CA Consolidated Metropolitan
Statistical Area............................................27.25%
Miami-Fort Lauderdale, FL Consolidated Metropolitan Statistical
Area........................................................21.75%
Milwaukee Consolidated Metropolitan Statistical Area..........17.45%
Minneapolis-St. Paul, MN-WI Consolidated Metropolitan Statistical
Area........................................................20.27%
New York-Northern New Jersey-Long Island, NY-NJ-CT-PA Consolidated
Metropolitan Statistical Area...............................27.11%
Orlando, FL Consolidated Metropolitan Statistical Area........14.22%
Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD Consolidated
Metropolitan Statistical Area...............................21.03%
Pittsburgh Consolidated Metropolitan Statistical Area.........14.89%
Portland-Salem, OR-WA Consolidated Metropolitan Statistical Ar20.96%
Richmond Consolidated Metropolitan Statistical Area...........16.46%
Sacramento-Yolo, CA Consolidated Metropolitan Statistical Area20.77%
San Diego, CA Consolidated Metropolitan Statistical Area......22.13%
San Francisco-Oakland-San Jose, CA Consolidated Metropolitan
Statistical Area............................................32.98%
Seattle-Tacoma-Bremerton, WA Consolidated Metropolitan Statistical
Area........................................................21.18%
St. Louis Consolidated Metropolitan Statistical Area..........14.69%
Washington-Baltimore, DC-MD-VA-WV Consolidated Metropolitan
Statistical Area............................................19.48%
Rest of United States Consolidated Metropolitan Statistical 14.19%''.

(2) Special rules.--For purposes of the provision of law
amended by paragraph (1)--
(A) the counties of Providence, Kent, Washington, Bristol,
and Newport, RI, the counties of York and Cumberland, ME, and
the city of Concord, NH, shall be treated as if located in
the Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area; and
(B) members of the Capitol Police shall be considered to be
law enforcement officers within the meaning of section 402 of
the Federal Law Enforcement Pay Reform Act of 1990.
(3) Effective date.--The amendment made by paragraph (1)--
(A) shall take effect as if included in the Federal Law
Enforcement Pay Reform Act of 1990 on the date of the
enactment of such Act; and
(B) shall be effective only with respect to pay for service
performed in pay periods beginning on or after the date of
the enactment of this Act.

Paragraph (2) shall be applied in a manner consistent with
the preceding sentence.
(b) Separate Pay, Evaluation, and Promotion System for
Federal Law Enforcement Officers.--
(1) Study.--Not later than 6 months after the date of the
enactment of this Act, the Office of Personnel Management
shall study and submit to Congress a report which shall
contain its findings and recommendations regarding the need
for, and the potential benefits to be derived from, the
establishment of a separate pay, evaluation, and promotion
system for Federal law enforcement officers. In carrying out
this paragraph, the Office of Personnel Management shall take
into account the findings and recommendations contained in
the September 1993 report of the Office entitled ``A Plan to
Establish a New Pay and Job Evaluation System for Federal Law
Enforcement Officers''.
(2) Demonstration project.--
(A) In general.--If, after completing its report under
paragraph (1), the Office of Personnel Management considers
it to be appropriate, the Office shall implement, within 12
months after the date of the enactment of this Act, a
demonstration project to determine whether a separate system
for Federal law enforcement officers (as described in
paragraph (1)) would result in improved Federal personnel
management.
(B) Applicable provisions.--Any demonstration project under
this paragraph shall be conducted in accordance with the
provisions of chapter 47 of title 5, United States Code,
except that a project under this paragraph shall not be taken
into account for purposes of the numerical limitation under
section 4703(d)(2) of such title.
(C) Permanent changes.--Not later than 6 months before the
demonstration project's scheduled termination date, the
Office of Personnel Management shall submit to Congress--
(i) its evaluation of the system tested under the
demonstration project; and
(ii) recommendations as to whether or not that system (or
any aspects of that system) should be continued or extended
to other Federal law enforcement officers.
(3) Federal law enforcement officer defined.--In this
subsection, the term ``Federal law enforcement officer''
means a law enforcement officer as defined under section
8331(20) or 8401(17) of title 5, United States Code.
(c) Limitation on Premium Pay.--
(1) In general.--Section 5547 of title 5, United States
Code, is amended--
(A) in subsection (a), by striking ``5545a,'';
(B) in subsection (c), by striking ``or 5545a''; and
(C) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay
under section 5545a.''.
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
1114 of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 115 Stat. 1239).
(d) Appropriations.--There are appropriated out of any
money in the Treasury not otherwise appropriated for the
fiscal year ending September 30, 2003, $125,000,000, for
purposes of subsection (a) of this section.

[[Page S4724]]

______

SA 465. Mr. DODD submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

In chapter 6 of title I under the heading ``Border and
Transportation Security'' under the heading ``office for
domestic preparedness'', increase the amount appropriated by
$150,000,000.
In chapter 6 of title I, add at the end the following:

GENERAL PROVISIONS, THIS CHAPTER

Sec. 601. (a) Availability of Funds for Fire Prevention and
Control.--Of the amount appropriated by this chapter under
the heading ``Border and Transportation Security'' under the
heading ``office for domestic preparedness'', $150,000,000
shall be available to carry out activities under section 33
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
(b) Relationship to Other Funds.--The amount available
under subsection (a) for the activities referred to in that
subsection is in addition to any other amounts available in
fiscal year 2003 for such activities.
______

SA 466. Mr. SMITH (for himself and Mr. Hatch) submitted an amendment
intended to be proposed by him to the bill S. 762, making supplemental
appropriations to support Department of Defense operations in Iraq,
Department of Homeland Security, and Related Efforts for the fiscal
year ending September 30, 2003, and for other purposes; which was
ordered to lie on the table; as follows:

On page 89, between lines 4 and 5, insert the following:

TITLE V--GENERAL PROVISIONS, THIS ACT

Sec. 501. (a) None of the funds made available during
fiscal year 2003 by this or any other Act may be made
available to the Government of the Russian Federation unless
the President determines and certifies in writing to the
appropriate congressional committees that such Government is
not enforcing any statute, executive order, regulation, or
other government policy that would discriminate, or would
have as its principal effect discrimination, against a
religious group or a religious community in violation of an
international agreement on human rights or religious freedoms
to which the Russian Federation is a party.
(b) In this section the term ``appropriate congressional
committees'' means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the
Committee on Appropriations and the Committee on
International Relations of the House of Representatives.
(c) The prohibition in subsection (a) shall take effect on
the date that is 45 days after the date of the enactment of
this Act.
______

SA 467. Mr. KYL (for himself and Mr. Campbell) submitted an amendment
intended to be proposed by him to the bill S. 762, making supplemental
appropriations to support Department of Defense operations in Iraq,
Department of Homeland Security, and Related Efforts for the fiscal
year ending September 30, 2003, and for other purposes; which was
ordered to lie on the table; as follows:

On page 89, between lines 4 and 5, insert the following:

TITLE V--GENERAL PROVISIONS, THIS ACT

prohibition on providing funds for reconstruction in iraq to entities
from countries that did not publicly support a united nations
resolution authorizing the use of force in iraq

Sec. 501. (a) No funds made available in this Act for
purposes of reconstruction in Iraq may be provided, directly
or indirectly through a subcontract or otherwise, to a person
that is a resident of or is organized under the laws of a
country that did not publicly commit to vote in favor of the
draft resolution introduced in the United Nations Security
Council by the United Kingdom, Spain, and the United States
on March 7, 2003.
(b) The President may waive the prohibition described in
subsection (a) for a person if the President determines
that--
(1) such person possesses unique capabilities or expertise
that are critical to the reconstruction of Iraq; and
(2) it is in the national interest of the United States to
grant the waiver.
______

SA 468. Mr. McCAIN submitted an amendment intended to be proposed by
him to the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; which was ordered to lie on the table; as
follows:

On page 42, strike lines 16 through 22.
______

SA 469. Mr. FRIST (for Ms. Collins (for herself, Mr. Carper, and Mr.
Lieberman)) proposed an amendment to the bill S. 280, to amend chapter
83 of title 5, United States Code, to reform the funding of benefits
under the Civil Service Retirement System for employees of the United
States Postal Service, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Postal Civil Service
Retirement System Funding Reform Act of 2003''.

SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.

(a) Definitions.--Section 8331 of title 5, United States
Code, is amended--
(1) in paragraph (17)--
(A) by striking `` `normal cost' '' and inserting ``
`normal-cost percentage' ''; and
(B) by inserting ``and standards (using dynamic
assumptions)'' after ``practice'';
(2) by amending paragraph (18) to read as follows:
``(18) `Fund balance' means the current net assets of the
Fund available for payment of benefits, as determined by the
Office in accordance with appropriate accounting standards,
but does not include any amount attributable to--
``(A) the Federal Employees' Retirement System; or
``(B) contributions made under the Federal Employees'
Retirement Contribution Temporary Adjustment Act of 1983 by
or on behalf of any individual who became subject to the
Federal Employees' Retirement System;''; and
(3) by striking ``and'' at the end of paragraph (27), by
striking the period at the end of paragraph (28) and
inserting ``; and'', and by adding at the end the following:
``(29) `dynamic assumptions' means economic assumptions
that are used in determining actuarial costs and liabilities
of a retirement system and in anticipating the effects of
long-term future--
``(A) investment yields;
``(B) increases in rates of basic pay; and
``(C) rates of price inflation.''.
(b) Deductions and Contributions.--
(1) In general.--Section 8334(a)(1) of title 5, United
States Code, is amended--
(A) by striking ``(a)(1)'' and inserting ``(a)(1)(A)'';
(B) by designating the matter following the first sentence
as subparagraph (B)(i) and aligning the text accordingly;
(C) in subparagraph (B)(i) (as so designated by
subparagraph (B)), by striking ``An equal'' and inserting
``Except as provided in clause (ii), an equal''; and
(D) by adding at the end the following:
``(ii) In the case of an employee of the United States
Postal Service, the amount to be contributed under this
subparagraph shall (instead of the amount described in clause
(i)) be equal to the product derived by multiplying the
employee's basic pay by the percentage equal to--
``(I) the normal-cost percentage for the applicable
employee category listed in subparagraph (A), minus
``(II) the percentage deduction rate that applies with
respect to such employee under subparagraph (A).''.
(2) Conforming amendments.--Section 8334(k) of title 5,
United States Code, is amended--
(A) in paragraph (1)(A), by striking ``the first sentence
of subsection (a)(1) of this section'' and inserting
``subsection (a)(1)(A)'';
(B) in paragraph (1)(B)--
(i) by striking ``the second sentence of subsection (a)(1)
of this section'' and inserting ``subparagraph (B) of
subsection (a)(1)''; and
(ii) by striking ``such sentence'' and inserting ``such
subparagraph''; and
(C) in paragraph (2)(C)(iii), by striking ``the first
sentence of subsection (a)(1)'' and inserting ``subsection
(a)(1)(A)''.
(c) Postal Supplemental Liability.--Subsection (h) of
section 8348 of title 5, United States Code, is amended to
read as follows:
``(h)(1)(A) For purposes of this subsection, `Postal
supplemental liability' means the estimated excess, as
determined by the Office, of--
``(i) the actuarial present value of all future benefits
payable from the Fund under this subchapter attributable to
the service of current or former employees of the United
States Postal Service, over
``(ii) the sum of--
``(I) the actuarial present value of deductions to be
withheld from the future basic pay of employees of the United
States Postal Service currently subject to this subchapter
pursuant to section 8334;
``(II) the actuarial present value of the future
contributions to be made pursuant to section 8334 with
respect to employees of the United States Postal Service
currently subject to this subchapter;
``(III) that portion of the Fund balance, as of the date
the Postal supplemental liability is determined, attributable
to payments to the Fund by the United States Postal Service
and its employees, including earnings on those payments; and
``(IV) any other appropriate amount, as determined by the
Office in accordance with generally accepted actuarial
practices and principles.
``(B)(i) In computing the actuarial present value of future
benefits, the Office shall include the full value of benefits
attributable to military and volunteer service for United

[[Page S4725]]

States Postal Service employees first employed after June 30,
1971, and a prorated share of the value of benefits
attributable to military and volunteer service for United
States Postal Service employees first employed before July 1,
1971.
``(ii) Military service so included shall not be included
in the computation of any amount under subsection (g)(2).
``(2)(A) Not later than June 30, 2004, the Office shall
determine the Postal supplemental liability as of September
30, 2003. The Office shall establish an amortization
schedule, including a series of equal annual installments
commencing September 30, 2004, which provides for the
liquidation of such liability by September 30, 2043.
``(B) The Office shall redetermine the Postal supplemental
liability as of the close of the fiscal year, for each fiscal
year beginning after September 30, 2003, through the fiscal
year ending September 30, 2038, and shall establish a new
amortization schedule, including a series of equal annual
installments commencing on September 30 of the subsequent
fiscal year, which provides for the liquidation of such
liability by September 30, 2043.
``(C) The Office shall redetermine the Postal supplemental
liability as of the close of the fiscal year for each fiscal
year beginning after September 30, 2038, and shall establish
a new amortization schedule, including a series of equal
annual installments commencing on September 30 of the
subsequent fiscal year, which provides for the liquidation of
such liability over 5 years.
``(D) Amortization schedules established under this
paragraph shall be set in accordance with generally accepted
actuarial practices and principles, with interest computed at
the rate used in the most recent dynamic actuarial valuation
of the Civil Service Retirement System.
``(E) The United States Postal Service shall pay the
amounts so determined to the Office, with payments due not
later than the date scheduled by the Office.
``(F) An amortization schedule established under
subparagraph (B) or (C) shall supersede any amortization
schedule previously established under this paragraph.
``(3) Notwithstanding any other provision of law, in
computing the amount of any payment under any other
subsection of this section that is based upon the amount of
the unfunded liability, such payment shall be computed
disregarding that portion of the unfunded liability that the
Office determines will be liquidated by payments under this
subsection.
``(4) Notwithstanding any other provision of this
subsection, any determination or redetermination made by the
Office under this subsection shall, upon request of the
Postal Service, be subject to reconsideration and review
(including adjustment by the Board of Actuaries of the Civil
Service Retirement System) to the same extent and in the same
manner as provided under section 8423(c).''.
(d) Repeals.--
(1) In general.--The following provisions of law are
repealed:
(A) Subsection (m) of section 8348 of title 5, United
States Code.
(B) Subsection (c) of section 7101 of the Omnibus Budget
Reconciliation Act of 1990 (5 U.S.C. 8348 note).
(2) Rule of construction.--Nothing in this subsection shall
be considered to affect any payments made before the date of
the enactment of this Act under either of the provisions of
law repealed by paragraph (1).
(e) Military Service Proposals.--
(1) Proposals.--The United States Postal Service, the
Department of the Treasury, and the Office of Personnel
Management shall, by September 30, 2003, each prepare and
submit to the President, the Congress, and the General
Accounting Office proposals detailing whether and to what
extent the Department of the Treasury or the Postal Service
should be responsible for the funding of benefits
attributable to the military service of current and former
employees of the Postal Service that, prior to the date of
the enactment of this Act, were provided for under section
8348(g)(2) of title 5, United States Code.
(2) GAO review and report.--Not later than 60 days after
the Postal Service, the Department of the Treasury, and the
Office of Personnel Management have submitted their proposals
under paragraph (1), the General Accounting Office shall
prepare and submit a written evaluation of each such proposal
to the Committee on Government Reform of the House of
Representatives and the Committee on Governmental Affairs of
the Senate.

SEC. 3. DISPOSITION OF SAVINGS ACCRUING TO THE UNITED STATES
POSTAL SERVICE.

(a) In General.--Savings accruing to the United States
Postal Service as a result of the enactment of this Act--
(1) shall, to the extent that such savings are attributable
to fiscal year 2003 or 2004, be used to reduce the postal
debt (in consultation with the Secretary of the Treasury),
and the Postal Service shall not incur additional debt to
offset the use of the savings to reduce the postal debt in
fiscal years 2003 and 2004;
(2) shall, to the extent that such savings are attributable
to fiscal year 2005, be used to continue holding postage
rates unchanged and to reduce the postal debt, to such extent
and in such manner as the Postal Service shall specify (in
consultation with the Secretary of the Treasury); and
(3) to the extent that such savings are attributable to any
fiscal year after fiscal year 2005, shall be considered to be
operating expenses of the Postal Service and, until otherwise
provided for by law, shall be held in escrow and may not be
obligated or expended.
(b) Amounts Saved.--
(1) In general.--The amounts representing any savings
accruing to the Postal Service in any fiscal year as a result
of the enactment of this Act shall be computed by the Office
of Personnel Management for each such fiscal year in
accordance with paragraph (2).
(2) Methodology.--Not later than July 31, 2003, the Office
of Personnel Management shall--
(A) formulate a plan specifically enumerating the actuarial
methods and assumptions by which the Office shall make its
computations under paragraph (1); and
(B) submit such plan to the Committee on Government Reform
of the House of Representatives and the Committee on
Governmental Affairs of the Senate.
(3) Requirements.--The plan shall be formulated in
consultation with the Postal Service and shall include the
opportunity for the Postal Service to request reconsideration
of computations under this subsection, and for the Board of
Actuaries of the Civil Service Retirement System to review
and make adjustments to such computations, to the same extent
and in the same manner as provided under section 8423(c) of
title 5, United States Code.
(c) Reporting Requirement.--The Postal Service shall
include in each report rendered under section 2402 of title
39, United States Code, the amount applied toward reducing
the postal debt, and the size of the postal debt before and
after the application of subsection (a), during the period
covered by such report.
(d) Sense of Congress.--It is the sense of the Congress
that--
(1) the savings accruing to the Postal Service as a result
of the enactment of this Act will be sufficient to allow the
Postal Service to fulfill its commitment to hold postage
rates unchanged until at least 2006;
(2) because the Postal Service still faces substantial
obligations related to postretirement health benefits for its
current and former employees, some portion of the savings
referred to in paragraph (1) should be used to address those
unfunded obligations; and
(3) none of the savings referred to in paragraph (1) should
be used in the computation of any bonuses for Postal Service
executives.
(e) Postal Service Proposal.--
(1) In general.--The United States Postal Service shall, by
September 30, 2003, prepare and submit to the President, the
Congress, and the General Accounting Office its proposal
detailing how any savings accruing to the Postal Service as a
result of the enactment of this Act, which are attributable
to any fiscal year after fiscal year 2005, should be
expended.
(2) Matters to consider.--In preparing its proposal under
this subsection, the Postal Service shall consider--
(A) whether, and to what extent, those future savings
should be used to address--
(i) debt repayment;
(ii) prefunding of postretirement healthcare benefits for
current and former postal employees;
(iii) productivity and cost saving capital investments;
(iv) delaying or moderating increases in postal rates; and
(v) any other matter; and
(B) the work of the President's Commission on the United
States Postal Service under section 5 of Executive Order
13278 (67 Fed. Reg. 76672).
(3) GAO review and report.--Not later than 60 days after
the Postal Service submits its proposal pursuant to paragraph
(1), the General Accounting Office shall prepare and submit a
written evaluation of such proposal to the Committee on
Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate.
(4) Legislative action.--Not later than 180 days after it
has received both the proposal of the Postal Service and the
evaluation of such proposal by the General Accounting Office
under this subsection, Congress shall revisit the question of
how the savings accruing to the Postal Service as a result of
the enactment of this Act should be used.
(f) Determination and Disposition of Surplus.--
(1) In general.--If, as of the date under paragraph (2),
the Office of Personnel Management determines (after
consultation with the Postmaster General) that the
computation under section 8348(h)(1)(A) of title 5, United
States Code, yields a negative amount (hereinafter referred
to as a ``surplus'')--
(A) the Office shall inform the Postmaster General of its
determination, including the size of the surplus so
determined; and
(B) the Postmaster General shall submit to the Congress a
report describing how the Postal Service proposes that such
surplus be used, including a draft of any legislation that
might be necessary.
(2) Determination date.--The date to be used for purposes
of paragraph (1) shall be September 30, 2025, or such earlier
date as, in the judgment of the Office, is the date by which
all postal employees under the Civil Service Retirement
System will have retired.
(g) Definitions.--For purposes of this section--

[[Page S4726]]

(1) the savings accruing to the Postal Service as a result
of the enactment of this Act shall, for any fiscal year, be
equal to the amount (if any) by which--
(A) the contributions that the Postal Service would
otherwise have been required to make to the Civil Service
Retirement and Disability Fund for such fiscal year if this
Act had not been enacted, exceed
(B) the contributions made by the Postal Service to such
Fund for such fiscal year; and
(2) the term ``postal debt'' means the outstanding
obligations of the Postal Service, as determined under
chapter 20 of title 39, United States Code.

SEC. 4. EFFECTIVE DATE.

This Act and the amendments made by this Act shall become
effective on the date of the enactment of this Act, except
that the amendments made by section 2(b) shall apply with
respect to pay periods beginning on or after such date.
______

SA 470. Mr. BAYH submitted an amendment intended to be proposed to
the bill S. 762, making supplemental appropriations to support
Department of Defense operations in Iraq, Department of Homeland
Security, and Related Efforts for the fiscal year ending September 30,
2003, and for other purposes; as follows:

In chapter 3 of title I, add at the end the following:
Sec. 314. Of the amount appropriated by this chapter under
the heading ``OPERATION AND MAINTENANCE'' under the heading
``Operation and Maintenance, Army'', $6,000,000 shall be
available for the reactivation of two bomb lines at Crane
Army Ammunition Activity, Indiana, in order to provide
additional support and production for the Joint Munitions
command bomb manufacturing capability.

____________________