109TH CONGRESS

1ST SESSION S. CON. RES. 18

CONCURRENT RESOLUTION

1 Resolved by the Senate (the House of Representatives

2 concurring),

3 SECTION 1. CONCURRENT RESOLUTION ON THE BUDGET

4 FOR FISCAL YEAR 2006.

5 (a) DECLARATION.—Congress declares that this reso6 lution is the concurrent resolution on the budget for fiscal

7 year 2006 including the appropriate budgetary levels for

8 fiscal years 2005 and 2007 through 2010 as authorized

9 by section 301 of the Congressional Budget Act of 1974

10 (2 U.S.C. 632).

11 (b) TABLE OF CONTENTS.—The table of contents for

12 this concurrent resolution is as follows:

Sec. 1. Concurrent resolution on the budget for fiscal year 2006.

TITLE I—LEVELS AND AMOUNTS

Sec. 101. Recommended levels and amounts.

Sec. 102. Social Security.

Sec. 103. Major functional categories.

TITLE II—RECONCILIATION

Sec. 201. Reconciliation in the Senate.

TITLE III—RESERVE FUNDS

Sec. 301. Reserve fund for health information technology and pay-for-performance.
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Sec. 302. Reserve fund for Asbestos Injury Trust Fund.

Sec. 303. Reserve fund for the uninsured.

Sec. 304. Reserve fund for Land and Water Conservation Fund.

Sec. 305. Reserve fund for the Federal Pell Grant Program.

Sec. 306. Reserve fund for Higher Education.

Sec. 307. Reserve fund for energy legislation.

Sec. 308. Reserve fund for the safe importation of prescription drugs.

Sec. 309. Adjustment for surface transportation.

Sec. 310. Reserve fund for the bipartisan medicaid commission.

Sec. 311. Deficit-neutral reserve fund for patriotic employers of national

guardsmen and reservists.

Sec. 312. Deficit-neutral reserve fund for the Family Opportunity Act.

Sec. 313. Deficit-neutral reserve fund for the restoration of SCHIP funds.

Sec. 314. Reserve for funding of Hope credit.

Sec. 315. Deficit-neutral reserve fund for influenza vaccine shortage prevention.

Sec. 316. Reserve fund for extension of treatment of combat pay for earned income and child tax credits.

TITLE IV—BUDGET ENFORCEMENT

Sec. 401. Restrictions on advance appropriations.

Sec. 402. Emergency legislation.

Sec. 403. Supermajority enforcement.

Sec. 404. Discretionary spending limits in the Senate.

Sec. 405. Application and effect of changes in allocations and aggregates.

Sec. 406. Adjustments to reflect changes in concepts and definitions.

Sec. 407. Limitation on long-term spending proposals.

Sec. 408. Exercise of rulemaking powers.

TITLE V—SENSE OF THE SENATE

Sec. 501. Sense of the Senate regarding unauthorized appropriations.

Sec. 502. Sense of the Senate regarding a commission to review the performance of programs.

Sec. 503. Sense of the Senate regarding Tricare.

Sec. 504. Sense of the Senate regarding restraining Medicaid growth.

Sec. 505. Sense of the Senate regarding tribal colleges and universities.

Sec. 506. Sense of the Senate regarding support for the President’s request to

concentrate Federal funds for State and local homeland security assistance programs on the highest threats, vulnerabilities,

and needs.

Sec. 507. Sense of the Senate rejecting proposed elimination of per diem reimbursement to State nursing homes in the President’s budget.

Sec. 508. Sense of the Senate regarding Impact Aid.

Sec. 509. Sense of the Senate regarding mandatory agricultural programs.

Sec. 510. Sense of the Senate regarding social security restructuring.

Sec. 511. Sense of the Senate that failing to address social security will result

in massive debt, deep benefit cuts and tax increases.

Sec. 512. Sense of the Senate regarding the State Criminal Alien Assistance

Program.

Sec. 513. Sense of the Senate regarding funding for subsonic and hypersonic

aeronautics research by the National Aeronautics and Space

Administration.

Sec. 514. Sense of the Senate concerning children with HIV/AIDS.

Sec. 515. Sense of the Senate regarding the acquisition of the next generation

destroyer (DDX).
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Sec. 516. Sense of the Senate on reducing the tax on social security benefits.

Sec. 517. Sense of the Senate on the crime victims fund.

Sec. 518. Sense of the Senate supporting funding for HIDTAS.

Sec. 519. Sense of the Senate regarding the need for a comprehensive, coordinated, and integrated national ocean policy.

Sec. 520. United States response to global HIV/AIDS, tuberculosis, and malaria.

Sec. 521. Offset for increases in funding for the Cops Methamphetamine Enforcement and Clean Up Program.

Sec. 522. Sense of the Senate regarding foreign-owned debt.

Sec. 523. Sense of the Senate regarding tax relief to encourage charitable giving.

Sec. 524. Sense of the Senate regarding water infrastructure.

Sec. 525. Sense of the Senate regarding funding of administrative costs of Social Security Administration.

Sec. 526. Sense of the Senate concerning comparative effectiveness studies.

Sec. 527. Sense of the Senate regarding the Advanced Technology Program.

Sec. 528. Sense of the Senate with respect to pension reform.

1 TITLE I—LEVELS AND AMOUNTS

2 SEC. 101. RECOMMENDED LEVELS AND AMOUNTS.

3 The following budgetary levels are appropriate for the

4 fiscal years 2005 through 2010:

5 (1) FEDERAL REVENUES.—For purposes of the en6 forcement of this resolution—

7 (A) The recommended levels of Federal reve8 nues are as follows:

9 Fiscal year 2005: $1,483,908,000,000.

10 Fiscal year 2006: $1,588,646,000,000.

11 Fiscal year 2007: $1,705,690,000,000.

12 Fiscal year 2008: $1,811,285,000,000.

13 Fiscal year 2009: $1,917,240,000,000.

14 Fiscal year 2010: $2,034,260,000,000.

15 (B) The amounts by which the aggregate levels

16 of Federal revenues should be changed are as fol17 lows:
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1 Fiscal year 2005: ¥$116,000,000.

2 Fiscal year 2006: ¥$19,016,000,000.

3 Fiscal year 2007: ¥$13,581,000,000.

4 Fiscal year 2008: ¥$24,900,000,000.

5 Fiscal year 2009: ¥$38,975,000,000.

6 Fiscal year 2010: ¥$32,108,000,000.

7 (2) NEW BUDGET AUTHORITY.—For purposes of the

8 enforcement of this resolution, the appropriate levels of

9 total new budget authority are as follows:

10 Fiscal year 2005: $2,074,959,000,000.

11 Fiscal year 2006: $2,141,801,000,000.

12 Fiscal year 2007: $2,210,608,000,000.

13 Fiscal year 2008: $2,329,249,000,000.

14 Fiscal year 2009: $2,453,065,000,000.

15 Fiscal year 2010: $2,551,318,000,000.

16 (3) BUDGET OUTLAYS.—For purposes of the enforce17 ment of this resolution, the appropriate levels of total

18 budget outlays are as follows:

19 Fiscal year 2005: $2,055,994,000,000.

20 Fiscal year 2006: $2,145,684,000,000.

21 Fiscal year 2007: $2,229,291,000,000.

22 Fiscal year 2008: $2,315,553,000,000.

23 Fiscal year 2009: $2,418,787,000,000.

24 Fiscal year 2010: $2,526,493,000,000.
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1 (4) DEFICITS.—For purposes of the enforcement of

2 this resolution, the amounts of the deficits are as follows:

3 Fiscal year 2005: ¥$572,086,000,000.

4 Fiscal year 2006: ¥$557,038,000,000.

5 Fiscal year 2007: ¥$523,601,000,000.

6 Fiscal year 2008: ¥$504,268,000,000.

7 Fiscal year 2009: ¥$501,547,000,000.

8 Fiscal year 2010: ¥$492,233,000,000.

9 (5) DEBT SUBJECT TO LIMIT.—The appropriate lev10 els of the public debt are as follows:

11 Fiscal year 2005: $7,961,738,000,000.

12 Fiscal year 2006: $8,637,186,000,000.

13 Fiscal year 2007: $9,288,652,000,000.

14 Fiscal year 2008: $9,931,410,000,000.

15 Fiscal year 2009: $10,574,984,000,000.

16 Fiscal year 2010: $11,210,426,000,000.

17 (6) DEBT HELD BY THE PUBLIC.—The appropriate

18 levels of the debt held by the public are as follows:

19 Fiscal year 2005: $4,688,918,000,000.

20 Fiscal year 2006: $5,067,403,000,000.

21 Fiscal year 2007: $5,395,305,000,000.

22 Fiscal year 2008: $5,686,105,000,000.

23 Fiscal year 2009: $5,955,749,000,000.

24 Fiscal year 2010: $6,199,346,000,000.
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1 SEC. 102. SOCIAL SECURITY.

2 (a) SOCIAL SECURITY REVENUES.—For purposes of

3 Senate enforcement under sections 302 and 311 of the

4 Congressional Budget Act of 1974, the amounts of reve5 nues of the Federal Old-Age and Survivors Insurance

6 Trust Fund and the Federal Disability Insurance Trust

7 Fund are as follows:

8 Fiscal year 2005: $573,475,000,000.

9 Fiscal year 2006: $604,777,000,000.

10 Fiscal year 2007: $637,792,000,000.

11 Fiscal year 2008: $671,688,000,000.

12 Fiscal year 2009: $705,849,000,000.

13 Fiscal year 2010: $740,343,000,000.

14 (b) SOCIAL SECURITY OUTLAYS.—For purposes of

15 Senate enforcement under sections 302 and 311 of the

16 Congressional Budget Act of 1974, the amounts of outlays

17 of the Federal Old-Age and Survivors Insurance Trust

18 Fund and the Federal Disability Insurance Trust Fund

19 are as follows:

20 Fiscal year 2005: $398,088,000,000.

21 Fiscal year 2006: $415,993,000,000.

22 Fiscal year 2007: $429,254,000,000.

23 Fiscal year 2008: $443,235,000,000.

24 Fiscal year 2009: $460,443,000,000.

25 Fiscal year 2010: $479,412,000,000.
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1 (c) SOCIAL SECURITY ADMINISTRATIVE EX2 PENSES.—In the Senate, the amounts of new budget au3 thority and budget outlays of the Federal Old-Age and

4 Survivors Insurance Trust Fund and the Federal Dis5 ability Insurance Trust Fund for administrative expenses

6 are as follows:

7 Fiscal year 2005:

8 (A) New budget authority,

9 $4,426,000,000.

10 (B) Outlays, $4,405,000,000.

11 Fiscal year 2006:

12 (A) New budget authority,

13 $4,576,000,000.

14 (B) Outlays, $4,587,000,000.

15 Fiscal year 2007:

16 (A) New budget authority,

17 $4,710,000,000.

18 (B) Outlays, $4,785,000,000.

19 Fiscal year 2008:

20 (A) New budget authority,

21 $4,853,000,000.

22 (B) Outlays, $4,849,000,000.

23 Fiscal year 2009:

24 (A) New budget authority,

25 $5,001,000,000.
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1 (B) Outlays, $4,974,000,000.

2 Fiscal year 2010:

3 (A) New budget authority,

4 $5,152,000,000.

5 (B) Outlays, $5,124,000,000.

6 SEC. 103. MAJOR FUNCTIONAL CATEGORIES.

7 Congress determines and declares that the appro8 priate levels of new budget authority and budget outlays

9 for fiscal years 2005 through 2010 for each major func10 tional category are:

11 (1) National Defense (050):

12 Fiscal year 2005:

13 (A) New budget authority,

14 $498,761,000,000.

15 (B) Outlays, $496,928,000,000.

16 Fiscal year 2006:

17 (A) New budget authority,

18 $491,562,000,000.

19 (B) Outlays, $496,117,000,000.

20 Fiscal year 2007:

21 (A) New budget authority,

22 $465,260,000,000.

23 (B) Outlays, $479,984,000,000.

24 Fiscal year 2008:
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1 (A) New budget authority,

2 $483,730,000,000.

3 (B) Outlays, $479,730,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $503,763,000,000.

7 (B) Outlays, $489,146,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $513,904,000,000.

11 (B) Outlays, $505,872,000,000.

12 (2) International Affairs (150):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $34,707,000,000.

16 (B) Outlays, $32,425,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $32,884,600,000.

20 (B) Outlays, $35,388,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $36,580,000,000.

24 (B) Outlays, $34,555,600,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $37,131,000,000.

3 (B) Outlays, $33,972,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $37,171,000,000.

7 (B) Outlays, $33,847,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $36,862,000,000.

11 (B) Outlays, $33,436,000,000.

12 (3) General Science, Space, and Technology (250):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $24,413,000,000.

16 (B) Outlays, $23,594,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $24,735,000,000.

20 (B) Outlays, $23,894,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $25,294,000,000.

24 (B) Outlays, $24,672,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $25,796,000,000.

3 (B) Outlays, $25,095,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $26,102,000,000.

7 (B) Outlays, $25,472,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $26,413,000,000.

11 (B) Outlays, $25,808,000,000.

12 (4) Energy (270):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $2,564,000,000.

16 (B) Outlays, $794,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $3,247,000,000.

20 (B) Outlays, $2,127,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $2,859,000,000.

24 (B) Outlays, $1,698,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $2,923,000,000.

3 (B) Outlays, $1,035,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $2,534,000,000.

7 (B) Outlays, $1,132,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $2,232,000,000.

11 (B) Outlays, $1,022,000,000.

12 (5) Natural Resources and Environment (300):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $32,527,000,000.

16 (B) Outlays, $31,168,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $30,005,000,000.

20 (B) Outlays, $31,973,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $30,373,000,000.

24 (B) Outlays, $31,556,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $30,446,000,000.

3 (B) Outlays, $31,846,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $31,115,000,000.

7 (B) Outlays, $32,051,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $30,609,000,000.

11 (B) Outlays, $31,604,000,000.

12 (6) Agriculture (350):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $30,151,000,000.

16 (B) Outlays, $28,550,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $29,087,000,000.

20 (B) Outlays, $28,143,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $26,245,000,000.

24 (B) Outlays, $25,057,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $24,492,000,000.

3 (B) Outlays, $23,434,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $24,845,000,000.

7 (B) Outlays, $23,950,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $24,584,000,000.

11 (B) Outlays, $23,854,000,000.

12 (7) Commerce and Housing Credit (370):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $16,804,000,000.

16 (B) Outlays, $11,302,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $10,363,000,000.

20 (B) Outlays, $5,117,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $9,866,000,000.

24 (B) Outlays, $4,764,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $9,815,000,000.

3 (B) Outlays, $4,067,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $10,413,000,000.

7 (B) Outlays, $4,122,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $14,270,000,000.

11 (B) Outlays, $6,399,000,000.

12 (8) Transportation (400):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $72,506,000,000.

16 (B) Outlays, $67,663,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $69,683,000,000.

20 (B) Outlays, $69,789,000,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $71,030,000,000.

24 (B) Outlays, $71,013,000,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $74,489,000,000.

3 (B) Outlays, $72,755,000,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $81,524,000,000.

7 (B) Outlays, $75,693,000,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $82,867,000,000.

11 (B) Outlays, $79,335,000,000.

12 (9) Community and Regional Development (450):

13 Fiscal year 2005:

14 (A) New budget authority,

15 $23,007,000,000.

16 (B) Outlays, $20,756,000,000.

17 Fiscal year 2006:

18 (A) New budget authority,

19 $15,208,000,000.

20 (B) Outlays, $18,425,080,000.

21 Fiscal year 2007:

22 (A) New budget authority,

23 $13,118,000,000.

24 (B) Outlays, $17,416,280,000.

25 Fiscal year 2008:
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1 (A) New budget authority,

2 $13,272,000,000.

3 (B) Outlays, $15,545,680,000.

4 Fiscal year 2009:

5 (A) New budget authority,

6 $13,410,000,000.

7 (B) Outlays, $13,815,560,000.

8 Fiscal year 2010:

9 (A) New budget authority,

10 $13,430,000,000.

11 (B) Outlays, $13,197,700,000.

12 (10) Education, Training, Employment, and Social

13 Services (500):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $94,026,000,000.

17 (B) Outlays, $92,805,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $98,387,000,000.

21 (B) Outlays, $88,496,020,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $89,909,000,000.

25 (B) Outlays, $94,077,410,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $90,600,000,000.

4 (B) Outlays, $89,917,380,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $90,762,000,000.

8 (B) Outlays, $89,173,190,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $90,369,000,000.

12 (B) Outlays, $88,679,000,000.

13 (11) Health (550):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $257,498,000,000.

17 (B) Outlays, $252,799,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $263,962,000,000.

21 (B) Outlays, $264,301,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $275,711,000,000.

25 (B) Outlays, $275,158,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $295,315,000,000.

4 (B) Outlays, $293,927,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $317,433,000,000.

8 (B) Outlays, $313,894,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $336,858,000,000.

12 (B) Outlays, $335,893,000,000.

13 (12) Medicare (570):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $292,587,000,000.

17 (B) Outlays, $293,587,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $331,240,000,000.

21 (B) Outlays, $331,003,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $371,899,000,000.

25 (B) Outlays, $372,186,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $395,362,000,000.

4 (B) Outlays, $395,408,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $420,284,000,000.

8 (B) Outlays, $419,877,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $448,161,000,000.

12 (B) Outlays, $448,492,000,000.

13 (13) Income Security (600):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $339,651,000,000.

17 (B) Outlays, $347,850,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $347,395,000,000.

21 (B) Outlays, $353,429,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $352,633,000,000.

25 (B) Outlays, $358,674,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $365,775,000,000.

4 (B) Outlays, $370,107,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $374,946,000,000.

8 (B) Outlays, $377,951,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $384,137,000,000.

12 (B) Outlays, $386,269,000,000.

13 (14) Social Security (650):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $15,849,000,000.

17 (B) Outlays, $15,849,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $15,991,000,000.

21 (B) Outlays, $15,991,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $17,804,000,000.

25 (B) Outlays, $17,804,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $19,868,000,000.

4 (B) Outlays, $19,868,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $21,843,000,000.

8 (B) Outlays, $21,843,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $24,129,000,000.

12 (B) Outlays, $24,129,000,000.

13 (15) Veterans Benefits and Services (700):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $69,448,000,000.

17 (B) Outlays, $68,873,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $68,994,000,000.

21 (B) Outlays, $68,365,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $66,181,000,000.

25 (B) Outlays, $65,931,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $69,458,000,000.

4 (B) Outlays, $69,257,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $69,971,000,000.

8 (B) Outlays, $69,680,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $70,069,000,000.

12 (B) Outlays, $69,794,000,000.

13 (16) Administration of Justice (750):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $39,819,000,000.

17 (B) Outlays, $39,502,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $42,024,400,000.

21 (B) Outlays, $42,889,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $41,751,000,000.

25 (B) Outlays, $42,952,400,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $42,607,000,000.

4 (B) Outlays, $43,287,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $43,178,000,000.

8 (B) Outlays, $43,428,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $43,436,000,000.

12 (B) Outlays, $43,448,000,000.

13 (17) General Government (800):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $16,765,000,000.

17 (B) Outlays, $17,673,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $18,074,000,000.

21 (B) Outlays, $18,381,500,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $18,074,000,000.

25 (B) Outlays, $18,048,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $19,753,000,000.

4 (B) Outlays, $19,693,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $17,772,000,000.

8 (B) Outlays, $17,545,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $18,092,000,000.

12 (B) Outlays, $17,894,000,000.

13 (18) Net Interest (900):

14 Fiscal year 2005:

15 (A) New budget authority,

16 $267,980,000,000.

17 (B) Outlays, $267,980,000,000.

18 Fiscal year 2006:

19 (A) New budget authority,

20 $310,451,000,000.

21 (B) Outlays, $310,451,000,000.

22 Fiscal year 2007:

23 (A) New budget authority,

24 $359,866,000,000.

25 (B) Outlays, $359,866,000,000.
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1 Fiscal year 2008:

2 (A) New budget authority,

3 $398,279,000,000.

4 (B) Outlays, $398,279,000,000.

5 Fiscal year 2009:

6 (A) New budget authority,

7 $428,689,000,000.

8 (B) Outlays, $428,689,000,000.

9 Fiscal year 2010:

10 (A) New budget authority,

11 $457,125,000,000.

12 (B) Outlays, $457,125,000,000.

13 (19) Allowances (920):

14 Fiscal year 2005:

15 (A) New budget authority, $0.

16 (B) Outlays, $0.

17 Fiscal year 2006:

18 (A) New budget authority,

19 ¥$6,130,000,000.

20 (B) Outlays, ¥$3,233,100,000.

21 Fiscal year 2007:

22 (A) New budget authority, ¥$32,000,000.

23 (B) Outlays, ¥$1,183,690,000.

24 Fiscal year 2008:

25 (A) New budget authority, ¥$32,000,000.
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1 (B) Outlays, ¥$1,028,060,000.

2 Fiscal year 2009:

3 (A) New budget authority, ¥$32,000,000.

4 (B) Outlays, ¥$488,750,000.

5 Fiscal year 2010:

6 (A) New budget authority, ¥$32,000,000.

7 (B) Outlays, ¥$185,700,000.

8 (20) Undistributed Offsetting Receipts (950):

9 Fiscal year 2005:

10 (A) New budget authority,

11 ¥$54,104,000,000.

12 (B) Outlays, ¥$54,104,000,000.

13 Fiscal year 2006:

14 (A) New budget authority,

15 ¥$55,362,000,000.

16 (B) Outlays, ¥$55,362,000,000.

17 Fiscal year 2007:

18 (A) New budget authority,

19 ¥$63,813,000,000.

20 (B) Outlays, ¥$64,938,000,000.

21 Fiscal year 2008:

22 (A) New budget authority,

23 ¥$69,830,000,000.

24 (B) Outlays, ¥$70,642,000,000.

25 Fiscal year 2009:
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1 (A) New budget authority,

2 ¥$62,658,000,000.

3 (B) Outlays, ¥$62,033,000,000.

4 Fiscal year 2010:

5 (A) New budget authority,

6 ¥$66,197,000,000.

7 (B) Outlays, ¥$65,572,000,000.

8 TITLE II—RECONCILIATION

9 SEC. 201. RECONCILIATION IN THE SENATE.

10 (a) SPENDING RECONCILIATION INSTRUCTIONS.—In

11 the Senate, by June 6, 2005, the committees named in

12 this section shall submit their recommendations to the

13 Committee on the Budget of the Senate. After receiving

14 those recommendations, the Committee on the Budget

15 shall report to the Senate a reconciliation bill carrying out

16 all such recommendations without any substantive revi17 sion.

18 (1) COMMITTEE ON AGRICULTURE, NUTRITION,

19 AND FORESTRY.—The Senate Committee on Agri20 culture, Nutrition, and Forestry shall report changes

21 in laws within its jurisdiction sufficient to reduce

22 outlays by $171,000,000 in fiscal year 2006, and

23 $2,814,000,000 for the period of fiscal years 2006

24 through 2010.
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1 (2) COMMITTEE ON BANKING, HOUSING, AND

2 URBAN AFFAIRS.—The Senate Committee on Bank3 ing, Housing, and Urban Affairs shall report

4 changes in laws within its jurisdiction sufficient to

5 reduce outlays by $30,000,000 in fiscal year 2006,

6 and $270,000,000 for the period of fiscal years 2006

7 through 2010.

8 (3) COMMITTEE ON COMMERCE, SCIENCE, AND

9 TRANSPORTATION.—The Senate Committee on Com10 merce, Science, and Transportation shall report

11 changes in laws within its jurisdiction sufficient to

12 reduce outlays by $8,000,000 in fiscal year 2006,

13 and $2,576,000,000 for the period of fiscal years

14 2006 through 2010.

15 (4) COMMITTEE ON ENERGY AND NATURAL RE16 SOURCES.—The Senate Committee on Energy and

17 Natural Resources shall report changes in laws with18 in its jurisdiction sufficient to reduce outlays by

19 $33,000,000 in fiscal year 2006, and

20 $2,658,000,000 for the period of fiscal years 2006

21 through 2010.

22 (5) COMMITTEE ON ENVIRONMENT AND PUBLIC

23 WORKS.—The Senate Committee on Environment

24 and Public Works shall report changes in laws with25 in its jurisdiction sufficient to reduce outlays by
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30

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1 $14,000,000 in fiscal year 2006, and $112,000,000

2 for the period of fiscal years 2006 through 2010.

3 (6) COMMITTEE ON HEALTH, EDUCATION,

4 LABOR, AND PENSIONS.—The Senate Committee on

5 Health, Education, Labor, and Pensions shall report

6 changes in laws within its jurisdiction sufficient to

7 reduce outlays by $2,204,000,000 in fiscal years

8 2005 and 2006, and $8,576,000,000 for the period

9 of fiscal years 2005 through 2010.

10 (b) REVENUE RECONCILIATION INSTRUCTIONS.—

11 The Senate Committee on Finance shall report to the Sen12 ate a reconciliation bill not later than September 7, 2005

13 that consists of changes in laws within its jurisdiction suf14 ficient to reduce the total level of revenues by not more

15 than: $19,016,000,000 for fiscal year 2006, and

16 $128,580,000,000 for the period of fiscal years 2006

17 through 2010.

18 (c) INCREASE IN STATUTORY DEBT LIMIT.—The

19 Committee on Finance shall report to the Senate a rec20 onciliation bill not later than September 16, 2005, that

21 consists solely of changes in laws within its jurisdiction

22 to increase the statutory debt limit by $446,464,000,000.
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1 TITLE III—RESERVE FUNDS

2 SEC. 301. RESERVE FUND FOR HEALTH INFORMATION

3 TECHNOLOGY AND PAY-FOR-PERFORMANCE.

4 In the Senate, if the Committee on Finance or the

5 Committee on Health, Education, Labor, and Pensions re6 ports a bill or joint resolution, if an amendment is offered

7 thereto, or if a conference report is submitted thereon,

8 that—

9 (1) provides incentives or other support for

10 adoption of modern information technology to im11 prove quality in health care; and

12 (2) provides for performance-based payments

13 that are based on accepted clinical performance

14 measures that improve the quality in healthcare,

15 provided that the committee is within its allocation as pro16 vided under section 302(a) of the Congressional Budget

17 Act of 1974, the chairman of the Committee on the Budg18 et may revise allocations of new budget authority and out19 lays, the revenue aggregates, and other appropriate meas20 ures to reflect such legislation provided that such legisla21 tion would not increase the deficit for the period of fiscal

22 years 2006 through 2010.
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1 SEC. 302. RESERVE FUND FOR ASBESTOS INJURY TRUST

2 FUND.

3 In the Senate, if the Committee on the Judiciary re4 ports legislation, if an amendment is offered thereto, or

5 if a conference report is submitted thereon, that—

6 (1) compensates injured victims of asbestos-re7 lated disease;

8 (2) does not compensate uninjured claimants or

9 those suffering from a disease not shown to be as10 bestos-related disease;

11 (3) requires strict medical criteria; and

12 (4) is reasonably expected to remain funded

13 from non-Federal sources for the 50-year life of the

14 fund,

15 provided that the committee is within its allocation as pro16 vided under section 302(a) of the Congressional Budget

17 Act of 1974, the chairman of the Budget Committee may

18 make the appropriate adjustments in allocations and ag19 gregates to the extent that such legislation would not in20 crease the deficit for the period of fiscal years 2006

21 through 2056.

22 SEC. 303. RESERVE FUND FOR THE UNINSURED.

23 In the Senate, if the Committee on Finance or the

24 Committee on Health, Education, Labor, and Pensions of

25 the Senate reports a bill or joint resolution, if an amend-
†

33

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1 ment is offered thereto, or if a conference report is sub2 mitted thereon, that—

3 (1) addresses health care costs, coverage, or

4 care for the uninsured;

5 (2)(A) provides safety net access to integrated

6 and other health care services; or

7 (B) increases the number of people with health

8 insurance, provided that such increase is not ob9 tained primarily as a result of increasing premiums

10 for the currently insured; and

11 (3) increases access to coverage through mecha12 nisms that decrease the growth of health care costs,

13 and may include tax- and market-based measures

14 (such as tax credits, deductibility, regulatory re15 forms, consumer-directed initiatives, and other meas16 ures targeted to key segments of the uninsured, such

17 as individuals without employer-sponsored coverage

18 and college students and recent graduates),

19 provided that the committee is within its allocation as pro20 vided under section 302(a) of the Congressional Budget

21 Act of 1974, the chairman of the Committee on the Budg22 et may revise allocations of new budget authority and out23 lays, the revenue aggregates, and other appropriate aggre24 gates to reflect such legislation, to the extent that such

25 legislation would not increase the deficit for fiscal year
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34

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1 2006 and for the period of fiscal years 2006 through

2 2010.

3 SEC. 304. RESERVE FUND FOR LAND AND WATER CON4 SERVATION FUND.

5 (a) IN THE SENATE.—If—

6 (1) the Committee on Energy and Natural Re7 sources reports a bill or joint resolution, or an

8 amendment is offered thereto, or a conference report

9 is submitted thereon, that permits exploration and

10 production of oil in the 1002 Area of the Arctic Na11 tional Wildlife Refuge, and such measure is enacted;

12 and

13 (2) the reconciliation instruction set out in sec14 tion 201(a)(4) is met,

15 provided that the committee is within its allocation as pro16 vided under section 302(a) of the Congressional Budget

17 Act of 1974, the chairman of the Committee on the Budg18 et of the Senate may make the adjustments described in

19 subsection (b).

20 (b) ADJUSTMENT FOR THE LAND AND WATER CON21 SERVATION FUND PROGRAMS AND ADDITIONAL LAND

22 CONSERVATION PROGRAMS.—If the Committee on Appro23 priations of the Senate reports a bill or joint resolution,

24 or if an amendment is offered thereto or a conference re25 port is submitted thereon that provides funding for the
†

35

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1 programs described in this subsection at least at the pre2 vious year’s levels, adjusted for inflation, and makes avail3 able a portion of the receipts resulting from enactment

4 of the legislation described in subsection (a) for the Land

5 and Water Conservation Fund, Federal Land Acquisition

6 and Stateside Grant Programs, and for the Coastal and

7 Estuarine Land Protection Program, and for the Forest

8 Legacy Program, the chairman of the Committee on the

9 Budget may revise committee allocations for that com10 mittee and other appropriate budgetary aggregates and al11 locations of new budget authority and outlays by the

12 amount provided by that measure for that purpose, but

13 the adjustment may not exceed $350,000,000 in new

14 budget authority in each of fiscal years 2008 through

15 2010.

16 SEC. 305. RESERVE FUND FOR THE FEDERAL PELL GRANT

17 PROGRAM.

18 In the Senate, if the Committee on Health, Edu19 cation, Labor, and Pensions reports a bill or joint resolu20 tion, or an amendment is offered thereto or a conference

21 report is submitted thereon, that provides a provision that

22 eliminates the accumulated shortfall of budget authority

23 resulting from insufficient appropriations of discretionary

24 new budget authority previously enacted for the Federal

25 Pell Grant Program for awards made through the award
†

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1 year 2005–2006, provided that the committee is within its

2 allocation as provided under section 302(a) of the Con3 gressional Budget Act of 1974, the chairman of the Com4 mittee on the Budget may revise the committee allocation

5 and other appropriate budgetary aggregates by the

6 amount provided by that measure for that purpose, but

7 not to exceed $4,300,000,000 in new budget authority for

8 the fiscal year 2006.

9 SEC. 306. RESERVE FUND FOR HIGHER EDUCATION.

10 In the Senate, if the Committee on Health, Edu11 cation, Labor, and Pensions reports a bill or joint resolu12 tion, or an amendment is offered thereto or a conference

13 report is submitted thereon, that reauthorizes the Higher

14 Education Act of 1965, provided that the committee is

15 within its allocation as provided under section 302(a) of

16 the Congressional Budget Act of 1974, the chairman of

17 the Committee on the Budget may revise committee allo18 cations for that committee and other appropriate budg19 etary aggregates and allocations of new budget authority

20 and outlays by the amount provided by that measure for

21 that purpose, but not to exceed $748,000,000 in new

22 budget authority and $684,000,000 in outlays for fiscal

23 year 2006, and $5,603,000,000 in new budget authority

24 and $5,099,000,000 in outlays for the period of fiscal

25 years 2006 through 2010.
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1 SEC. 307. RESERVE FUND FOR ENERGY LEGISLATION.

2 In the Senate, if a bill or joint resolution, or an

3 amendment is offered thereto or a conference report is

4 submitted thereon, within the jurisdiction of the Com5 mittee on Energy and Natural Resources, that—

6 (1) provides for a national energy policy; and

7 (2) in conjunction with revenue legislation that

8 does not reduce net revenues by more than

9 $803,000,000 in 2006 and $4,557,000,000 for the

10 period of fiscal years 2006 through 2010,

11 provided that the committee is within its allocation as pro12 vided under section 302(a) of the Congressional Budget

13 Act of 1974, the chairman of the Committee on the Budg14 et may revise committee allocations for that committee

15 and other appropriate budgetary aggregates and alloca16 tions of new budget authority and outlays by the amount

17 provided by that measure for that purpose, but not to ex18 ceed $100,000,000 in new budget authority for fiscal year

19 2006 and the outlays flowing from that budget authority

20 and $2,000,000,000 in new budget authority for the pe21 riod of fiscal years 2006 through 2010 and the outlays

22 flowing from that budget authority.

23 SEC. 308. RESERVE FUND FOR THE SAFE IMPORTATION OF

24 PRESCRIPTION DRUGS.

25 In the Senate, if the Committee on Health, Edu26 cation, Labor, and Pensions reports a bill or joint resolu-
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1 tion or an amendment is offered thereto or a conference

2 report is submitted thereon, that permits the safe importa3 tion of prescription drugs approved by the Food and Drug

4 Administration from specified countries with strong safety

5 laws, and provided that the committee is within its alloca6 tion as provided under section 302(a) of the Congressional

7 Budget Act of 1974, the chairman of the Committee on

8 the Budget may revise allocations of new budget authority

9 and outlays, revenue aggregates, and other appropriate

10 measures to reflect such legislation if any such measure

11 would not increase the deficit for fiscal year 2006 and for

12 the period of fiscal years 2006 through 2010.

13 SEC. 309. ADJUSTMENT FOR SURFACE TRANSPORTATION.

14 (a) IN GENERAL.—In the Senate, if the Committee

15 on Environment and Public Works, the Committee on

16 Banking, Housing, and Urban Affairs, or the Committee

17 on Commerce, Science, and Transportation reports a bill

18 or joint resolution, or an amendment is offered thereto

19 or a conference report is submitted thereon that provides

20 new budget authority for the budget accounts or portions

21 thereof, for programs, projects, and activities for high22 ways, highway safety, and transit, in excess of—

23 (1) for fiscal year 2005, $42,606,000,000; or

24 (2) for fiscal year 2006, $43,131,000,000; or
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SCON 18 ES

1 (3) for fiscal years 2005 through 2009,

2 $231,088,000,000;

3 the chairman of the Committee on the Budget may make

4 the appropriate adjustments in allocations and aggregates

5 and increase the allocation of new budget authority to

6 such committees for fiscal year 2005 and 2006 and for

7 the period of fiscal years 2005 through 2009 to the extent

8 such adjustment is offset by an increase in receipts to the

9 highway trust fund that are appropriated to such fund for

10 the applicable fiscal year caused by such legislation. In

11 the Senate, any increase in receipts shall be reported by

12 the Committee on Finance.

13 (b) ADJUSTMENT FOR OUTLAYS.—In the Senate, for

14 fiscal year 2006, and, as necessary, in subsequent fiscal

15 years, if a bill or joint resolution is reported, or if an

16 amendment is offered thereto or a conference report is

17 submitted thereon that changes obligation limitations such

18 that the total limitations are in excess of $42,686,000,000

19 for fiscal year 2006, for programs, projects, and activities

20 for highways, highway safety, and transit, and if legisla21 tion has been enacted that satisfies the conditions set

22 forth in subsection (a) for such fiscal year, the chairman

23 of the Committee on the Budget may increase the alloca24 tion of outlays and appropriate aggregates for such fiscal

25 year, and, as necessary, in subsequent fiscal years, for the
†

40

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1 committees reporting such measures, by the amount of

2 outlays that corresponds to such excess obligation limita3 tions, but not to exceed the amount of such excess that

4 was offset in 2006 pursuant to subsection (a). After the

5 adjustment has been made, the Senate Committee on Ap6 propriations shall report new section 302(b) allocations

7 consistent with this section.

8 SEC. 310. RESERVE FUND FOR THE BIPARTISAN MEDICAID

9 COMMISSION.

10 In the Senate, the Chairman of the Committee on the

11 Budget shall revise the aggregates, functional totals, allo12 cations, levels in section 404 of this resolution, and other

13 appropriate levels and limits for fiscal year 2006 and for

14 the period of fiscal years 2006 through 2010 by up to

15 $1,500,000 in new budget authority for 2006 and the

16 amounts of outlays flowing therefrom for an appropria17 tions bill, amendment, or conference report that provides

18 funding for legislation reported by the Senate Finance

19 Committee authorizing and creating a 23 member, bipar20 tisan Commission that is charged with reviewing and mak21 ing recommendations within one year with respect to the

22 long-term goals, populations served, financial sustain23 ability, interaction with Medicare and safety-net providers,

24 quality of care provided, and such other matters relating
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1 to the effective operation of the Medicaid program as the

2 Commission deems appropriate.

3 SEC. 311. DEFICIT-NEUTRAL RESERVE FUND FOR PATRI4 OTIC EMPLOYERS OF NATIONAL GUARDSMEN

5 AND RESERVISTS.

6 In the Senate, if a bill or joint resolution, or if an

7 amendment is offered thereto, or if a conference report

8 is submitted thereon, that provides a 50 percent tax credit

9 to employers for compensation paid to employees who are

10 on active duty status as members of the Guard or Reserve

11 in order to make up the difference between the employee’s

12 civilian pay and military pay and/or for compensation paid

13 to a worker hired to replace an active duty Guard or Re14 serve employee, the chairman of the Committee on the

15 Budget shall adjust the revenue aggregates and other ap16 propriate aggregates, levels, and limits in this resolution

17 to reflect such legislation, to the extent that such legisla18 tion would not increase the deficit for fiscal year 2006 and

19 for the period of fiscal years 2006 through 2010.

20 SEC. 312. DEFICIT-NEUTRAL RESERVE FUND FOR THE FAM21 ILY OPPORTUNITY ACT.

22 In the Senate, if the Committee on Finance reports

23 a bill or joint resolution or an amendment is offered there24 to or a conference report is submitted thereon, that pro25 vides families of disabled children with the opportunity to
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1 purchase coverage under the medicaid coverage for such

2 children (the Family Opportunity Act), and provided that

3 the committee is within its allocation as provided under

4 section 302(a) of the Congressional Budget Act of 1974,

5 the chairman of the Committee on the Budget may revise

6 allocations of new budget authority and outlays, revenue

7 aggregates, and other appropriate measures to reflect such

8 legislation if any such measure would not increase the def9 icit for fiscal year 2006 and for the period of fiscal years

10 2006 through 2010.

11 SEC. 313. DEFICIT-NEUTRAL RESERVE FUND FOR THE RES12 TORATION OF SCHIP FUNDS.

13 In the Senate, if the Committee on Finance reports

14 a bill or joint resolution or an amendment is offered there15 to or a conference report is submitted thereon, that pro16 vides for the restoration of unexpended funds under the

17 State Children’s Health Insurance Program that reverted

18 to the Treasury on October 1, 2004, and that may provide

19 for the redistribution of such funds for outreach and en20 rollment as well as for coverage initiatives, the chairman

21 of the Committee on the Budget may revise allocations

22 of new budget authority and outlays, revenue aggregates,

23 and other appropriate measures to reflect such legislation,

24 if such legislation would not increase the deficit for fiscal
†

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1 year 2006 and for the period of fiscal years 2006 through

2 2010.

3 SEC. 314. RESERVE FOR FUNDING OF HOPE CREDIT.

4 If the Committee on Finance of the Senate reports

5 a bill or joint resolution, or an amendment thereto is of6 fered or a conference report thereon is submitted, that in7 creases the Hope credit to $4,000, and makes the credit

8 available for 4 years, the chairman of the Committee on

9 the Budget may revise committee allocations for the Com10 mittee on Finance and other appropriate budgetary aggre11 gates and allocations of new budget authority and outlays

12 by the amount provided by that measure for that purpose,

13 if that measure includes offsets including legislation clos14 ing corporate tax loopholes and would not increase the def15 icit for fiscal year 2006 and for the period of fiscal years

16 2006 though 2010.

17 SEC. 315. DEFICIT-NEUTRAL RESERVE FUND FOR INFLU18 ENZA VACCINE SHORTAGE PREVENTION.

19 If the Committee on Health, Education, Labor, and

20 Pensions of the Senate reports a bill or joint resolution,

21 or an amendment thereto is offered or a conference report

22 thereon is submitted, that increases the participation of

23 manufacturers in the production of influenza vaccine, in24 creases research and innovation in new technologies for

25 the development of influenza vaccine, and enhances the
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SCON 18 ES

1 ability of the United States to track and respond to do2 mestic influenza outbreaks as well as pandemic contain3 ment efforts, the chairman of the Committee on the Budg4 et shall revise committee allocations for the Committee on

5 Health, Education, Labor, and Pensions and other appro6 priate budgetary aggregates and allocations of new budget

7 authority and outlays by the amount provided by that

8 measure for that purpose, regardless of whether the com9 mittee is within its 302(a) allocations, and such legislation

10 shall be exempt from sections 302, 303, 311, and 425 of

11 the Congressional Budget Act, and from section 505 of

12 the concurrent resolution on the budget for fiscal year

13 2004 (H. Con. Res. 95), if that measure would not in14 crease the deficit for fiscal year 2006 and for the period

15 of fiscal years 2006 through 2010.

16 SEC. 316. RESERVE FUND FOR EXTENSION OF TREATMENT

17 OF COMBAT PAY FOR EARNED INCOME AND

18 CHILD TAX CREDITS.

19 If the Committee on Finance reports a bill or joint

20 resolution, or an amendment thereto is offered or a con21 ference report thereon is submitted, that makes perma22 nent the taxpayer election to treat combat pay otherwise

23 excluded from gross income under section 112 of the In24 ternal Revenue Code as earned income for purposes of the

25 earned income credit and makes permanent the treatment
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SCON 18 ES

1 of such combat pay as earned income for purposes of the

2 child tax credit, provided that the Committee is within its

3 allocation as provided under section 302(a) of the Con4 gressional Budget Act of 1974, the Chairman of the Com5 mittee on the Budget may revise the allocations of budget

6 authority and outlays, the revenue aggregates, and other

7 appropriate measures, provided that such legislation would

8 not increase the deficit for the period of fiscal year 2006

9 or the total of fiscal years 2006 though 2010.

10 TITLE IV—BUDGET

11 ENFORCEMENT

12 SEC. 401. RESTRICTIONS ON ADVANCE APPROPRIATIONS.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), it shall not be in order in the Senate to consider any

15 bill, joint resolution, motion, amendment, or conference re16 port that would provide an advance appropriation.

17 (b) EXCEPTIONS.—An advance appropriation may be

18 provided for the fiscal years 2007 and 2008 for programs,

19 projects, activities, or accounts identified in the joint ex20 planatory statement of managers accompanying this reso21 lution under the heading ‘‘Accounts Identified for Advance

22 Appropriations’’ in an aggregate amount not to exceed

23 $23,393,000,000 in new budget authority in each year.

24 (c) DISPOSITION.—
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1 (1) IN GENERAL.—In the Senate, subsection (a)

2 may be waived or suspended only by an affirmative

3 vote of three-fifths of the Members, duly chosen and

4 sworn. An affirmative vote of three-fifths of the

5 Members of the Senate, duly chosen and sworn, shall

6 be required to sustain an appeal of the ruling of the

7 Chair on a point of order raised under subsection

8 (a).

9 (2) PROCEDURE.—A point of order under sub10 section (a) may be raised by a Senator as provided

11 in section 313(e) of the Congressional Budget Act of

12 1974.

13 (3) DISPOSITION.—If a point of order is sus14 tained under subsection (a) against a conference re15 port in the Senate, the report shall be disposed of

16 as provided in section 313(d) of the Congressional

17 Budget Act of 1974.

18 (d) DEFINITION.—In this section, the term ‘‘advance

19 appropriation’’ means any discretionary new budget au20 thority in a bill or joint resolution making general appro21 priations or continuing appropriations for fiscal year 2006

22 that first becomes available for any fiscal year after 2006,

23 or making general appropriations or continuing appropria24 tions for fiscal year 2007 that first becomes available for

25 any fiscal year after 2007.
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1 SEC. 402. EMERGENCY LEGISLATION.

2 (a) PURPOSE.—It is the purpose of this section, in

3 the absence of an extension of the discretionary spending

4 limits and paygo requirements under the Balanced Budget

5 and Emergency Deficit Control Act of 1985, to enable

6 Congress to designate provisions of legislation as an emer7 gency in order to exempt such measures from enforcement

8 of this resolution with respect to the new budget authority,

9 outlays, and receipts resulting from such provisions.

10 (b) IN THE SENATE.—

11 (1) AUTHORITY TO DESIGNATE.—With respect

12 to a provision of direct spending or receipts legisla13 tion or appropriations for discretionary accounts

14 that the Congress designates as an emergency re15 quirement in such measure, the amounts of new

16 budget authority, outlays, and receipts in all fiscal

17 years resulting from that provision shall be treated

18 as an emergency requirement for the purpose of this

19 section.

20 (2) EXEMPTION OF EMERGENCY PROVISIONS.—

21 Any new budget authority, outlays, and receipts re22 sulting from any provision designated as an emer23 gency requirement, pursuant to this section, in any

24 bill, joint resolution, amendment, or conference re25 port shall not count for purposes of sections 302,

26 303, 311, and 401 of the Congressional Budget Act
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1 of 1974 and section 404 of this resolution (relating

2 to discretionary spending limits in the Senate) and

3 section 505 of the Concurrent Resolution on the

4 Budget for Fiscal Year 2004 H. Con. Res. 95 (relat5 ing to the paygo requirement in the Senate).

6 (3) DESIGNATIONS.—

7 (A) GUIDANCE.—If a provision of legisla8 tion is designated as an emergency requirement

9 under this section, the committee report and

10 any statement of managers accompanying that

11 legislation shall include an explanation of the

12 manner in which the provision meets the cri13 teria in subparagraph (B).

14 (B) CRITERIA.—

15 (i) IN GENERAL.—Any such provision

16 is an emergency requirement if the situa17 tion addressed by such provision is—

18 (I) necessary, essential, or vital

19 (not merely useful or beneficial);

20 (II) sudden, quickly coming into

21 being, and not building up over time;

22 (III) an urgent, pressing, and

23 compelling need requiring immediate

24 action;
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1 (IV) subject to clause (ii), un2 foreseen, unpredictable, and unantici3 pated; and

4 (V) not permanent, temporary in

5 nature.

6 (ii) UNFORESEEN.—An emergency

7 that is part of an aggregate level of antici8 pated emergencies, particularly when nor9 mally estimated in advance, is not unfore10 seen.

11 (4) DEFINITIONS.—In this subsection, the

12 terms ‘‘direct spending’’, ‘‘receipts’’, and ‘‘appropria13 tions for discretionary accounts’’ means any provi14 sion of a bill, joint resolution, amendment, motion,

15 or conference report that affects direct spending, re16 ceipts, or appropriations as those terms have been

17 defined and interpreted for purposes of the Balanced

18 Budget and Emergency Deficit Control Act of 1985.

19 (5) POINT OF ORDER.—When the Senate is

20 considering a bill, resolution, amendment, motion, or

21 conference report, if a point of order is made by a

22 Senator against an emergency designation in that

23 measure, that provision making such a designation

24 shall be stricken from the measure and may not be

25 offered as an amendment from the floor.
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1 (6) WAIVER AND APPEAL.—Paragraph (5) may

2 be waived or suspended in the Senate only by an af3 firmative vote of three-fifths of the Members, duly

4 chosen and sworn. Appeals in the Senate from the

5 decisions of the Chair relating to any provision of

6 this subsection shall be limited to 1 hour, to be

7 equally divided between, and controlled by, the ap8 pellant and the manager of the bill or joint resolu9 tion, as the case may be. An affirmative vote of

10 three-fifths of the Members of the Senate, duly cho11 sen and sworn, shall be required to sustain an ap12 peal of the ruling of the Chair on a point of order

13 raised under this section.

14 (7) DEFINITION OF AN EMERGENCY DESIGNA15 TION.—For purposes of paragraph (5), a provision

16 shall be considered an emergency designation if it

17 designates any item as an emergency requirement

18 pursuant to this section.

19 (8) FORM OF THE POINT OF ORDER.—A point

20 of order under paragraph (5) may be raised by a

21 Senator as provided in section 313(e) of the Con22 gressional Budget Act of 1974.

23 (9) CONFERENCE REPORTS.—If a point of

24 order is sustained under paragraph (5) against a

25 conference report, the report shall be disposed of as
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1 provided in section 313(d) of the Congressional

2 Budget Act of 1974.

3 (10) EXCEPTION FOR DEFENSE SPENDING.—

4 Paragraph (5) shall not apply against an emergency

5 designation for a provision making discretionary ap6 propriations under the defense function (050).

7 (c) EXEMPTION OF OVERSEAS CONTINGENT OPER8 ATIONS.—

9 (1) IN GENERAL.—In the Senate, if a bill, joint

10 resolution, amendment, or a conference report

11 makes supplemental appropriations for fiscal year

12 2006 for overseas contingency operations related to

13 the global war on terrorism, then the new budget

14 authority, new entitlement authority, and outlays re15 sulting from the provisions of such measure that are

16 designated pursuant to this section as making ap17 propriations for such contingency operations—

18 (A) shall not count for purposes of sections

19 302, 303, and 401 of the Congressional Budget

20 Act of 1974; and

21 (B) shall not count for the purpose of sec22 tion 404 of this resolution (relating to discre23 tionary spending limits in the Senate) and sec24 tion 505 of the Concurrent Resolution on the
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1 Budget for Fiscal Year 2004 H. Con. Res. 95

2 (relating to the pay-go requirement).

3 (2) LIMITATION.—The amounts that are not

4 counted for purposes of this section shall not exceed

5 $50,000,000,000 in new budget authority and out6 lays associated with the budget authority.

7 SEC. 403. SUPERMAJORITY ENFORCEMENT.

8 (a) EXTENSION.—Notwithstanding any provision of

9 the Congressional Budget Act of 1974, subsections (c)(2)

10 and (d)(3) of section 904 of the Congressional Budget Act

11 of 1974 shall remain in effect for purposes of Senate en12 forcement through September 30, 2010.

13 (b) UNFUNDED MANDATES.—

14 (1) IN GENERAL.—Section 425(a)(1) and (2) of

15 the Congressional Budget Act of 1974 shall be sub16 ject to the waiver and appeal requirements of sub17 sections (c)(2) and (d)(3) of section 904 of the Con18 gressional Budget Act of 1974.

19 (2) EFFECTIVE DATE.—This subsection shall

20 remain in effect for purposes of Senate enforcement

21 through September 30, 2010.
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1 SEC. 404. DISCRETIONARY SPENDING LIMITS IN THE SEN2 ATE.

3 (a) DISCRETIONARY SPENDING LIMITS.—In the Sen4 ate and as used in this section, the term ‘‘discretionary

5 spending limit’’ means—

6 (1) for fiscal year 2006, $848,063,000,000 in

7 new budget authority and $916,405,000,000 in out8 lays for the discretionary category;

9 (2) for fiscal year 2007, $868,473,000,000 in

10 new budget authority for the discretionary category;

11 and

12 (3) for fiscal year 2008, $891,445,000,000 in

13 new budget authority for the discretionary category;

14 as adjusted in conformance with the adjustment proce15 dures in subsection (d).

16 (b) ADJUSTMENTS TO DISCRETIONARY SPENDING

17 LIMITS.—

18 (1) CONTINUING DISABILITY REVIEWS.—If a

19 bill or joint resolution is reported making appropria20 tions for fiscal year 2006 that appropriates

21 $412,000,000 for continuing disability reviews for

22 the Social Security Administration, and provides an

23 additional appropriation of $189,000,000 for con24 tinuing disability reviews for the Social Security Ad25 ministration, then the allocation to the Senate Com26 mittee on Appropriations shall be increased by
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1 $189,000,000 in budget authority and outlays flow2 ing from the budget authority for fiscal year 2006.

3 (2) INTERNAL REVENUE SERVICE TAX EN4 FORCEMENT.—If a bill or joint resolution is reported

5 making appropriations for fiscal year 2006 that ap6 propriates $6,447,000,000 for enhanced tax enforce7 ment to address the ‘‘Federal tax gap’’ for the Inter8 nal Revenue Service, and provides an additional ap9 propriation of $446,000,000 for enhanced tax en10 forcement to address the ‘‘Federal tax gap’’ for the

11 Internal Revenue Service, then the allocation to the

12 Senate Committee on Appropriations shall be in13 creased by $446,000,000 in budget authority and

14 outlays flowing from the budget authority for fiscal

15 year 2006.

16 (3) HEALTH CARE FRAUD AND ABUSE CONTROL

17 PROGRAM.—If a bill or joint resolution is reported

18 making appropriations for fiscal year 2006 that ap19 propriates $80,000,000 to the health care fraud and

20 abuse control program at the Department of Health

21 and Human Services, then the allocation to the Sen22 ate Committee on Appropriations shall be increased

23 by $80,000,000 in budget authority and outlays

24 flowing from the budget authority for fiscal year

25 2006.
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1 (4) UNEMPLOYMENT INSURANCE IMPROPER

2 PAYMENTS.—If a bill or joint resolution is reported

3 making appropriations for fiscal year 2006 that ap4 propriates $10,000,000 for unemployment insurance

5 improper payments reviews for the Department of

6 Labor, and provides an additional appropriation of

7 $40,000,000 for unemployment insurance improper

8 payments reviews for the Department of Labor, then

9 the allocation to the Senate Committee on Appro10 priations shall be increased by $40,000,000 in budg11 et authority and outlays flowing from the budget au12 thority for fiscal year 2006.

13 (c) DISCRETIONARY SPENDING POINT OF ORDER IN

14 THE SENATE.—

15 (1) IN GENERAL.—Except as otherwise pro16 vided in this subsection, it shall not be in order in

17 the Senate to consider any bill or joint resolution (or

18 amendment, motion, or conference report on that bill

19 or joint resolution) that would cause the discre20 tionary spending limits in this section to be exceed21 ed.

22 (2) WAIVER.—This subsection may be waived

23 or suspended in the Senate only by the affirmative

24 vote of three-fifths of the Members, duly chosen and

25 sworn.
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1 (3) APPEALS.—Appeals in the Senate from the

2 decisions of the Chair relating to any provision of

3 this subsection shall be limited to 1 hour, to be

4 equally divided between, and controlled by, the ap5 pellant and the manager of the bill or joint resolu6 tion, as the case may be. An affirmative vote of

7 three-fifths of the Members of the Senate, duly cho8 sen and sworn, shall be required to sustain an ap9 peal of the ruling of the Chair on a point of order

10 raised under this subsection.

11 (d) PROCEDURE FOR ADJUSTMENTS.—

12 (1) IN GENERAL.—

13 (A) CHAIRMAN.—After the reporting of a

14 bill or joint resolution, or the offering of an

15 amendment thereto or the submission of a con16 ference report thereon, the chairman of the

17 Committee on the Budget may make the ad18 justments set forth in subparagraph (B) for the

19 amount of new budget authority in that meas20 ure (if that measure meets the requirements set

21 forth in paragraph (2)) and the outlays flowing

22 from that budget authority.

23 (B) MATTERS TO BE ADJUSTED.—The ad24 justments referred to in subparagraph (A) are

25 to be made to—
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1 (i) the discretionary spending limits, if

2 any, set forth in the appropriate concur3 rent resolution on the budget;

4 (ii) the allocations made pursuant to

5 the appropriate concurrent resolution on

6 the budget pursuant to section 302(a) of

7 the Congressional Budget Act of 1974; and

8 (iii) the budgetary aggregates as set

9 forth in the appropriate concurrent resolu10 tion on the budget.

11 (2) AMOUNTS OF ADJUSTMENTS.—The adjust12 ment referred to in paragraph (1) shall be an

13 amount provided for the fiscal year 2006 pursuant

14 to subsection (b).

15 (3) REPORTING REVISED SUBALLOCATIONS.—

16 Following any adjustment made under paragraph

17 (1), the Committee on Appropriations of the Senate

18 shall report appropriately revised suballocations

19 under section 302(b) of the Congressional Budget

20 Act of 1974 to carry out this subsection.

21 SEC. 405. APPLICATION AND EFFECT OF CHANGES IN ALLO22 CATIONS AND AGGREGATES.

23 (a) APPLICATION.—Any adjustments of allocations

24 and aggregates made pursuant to this resolution shall—
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1 (1) apply while that measure is under consider2 ation;

3 (2) take effect upon the enactment of that

4 measure; and

5 (3) be published in the Congressional Record as

6 soon as practicable.

7 (b) EFFECT OF CHANGED ALLOCATIONS AND AG8 GREGATES.—Revised allocations and aggregates resulting

9 from these adjustments shall be considered for the pur10 poses of the Congressional Budget Act of 1974 as alloca11 tions and aggregates contained in this resolution.

12 (c) BUDGET COMMITTEE DETERMINATIONS.—For

13 purposes of this resolution—

14 (1) the levels of new budget authority, outlays,

15 direct spending, new entitlement authority, revenues,

16 deficits, and surpluses for a fiscal year or period of

17 fiscal years shall be determined on the basis of esti18 mates made by the appropriate Committee on the

19 Budget; and

20 (2) such chairman may make any other nec21 essary adjustments to such levels to carry out this

22 resolution.
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1 SEC. 406. ADJUSTMENTS TO REFLECT CHANGES IN CON2 CEPTS AND DEFINITIONS.

3 (a) IN GENERAL.—In the Senate, upon the enact4 ment of a bill or joint resolution providing for a change

5 in concepts or definitions, the appropriate chairman of the

6 Committee on the Budget shall make adjustments to the

7 levels and allocations in this resolution in accordance with

8 section 251(b) of the Balanced Budget and Emergency

9 Deficit Control Act of 1985 (as in effect prior to Sep10 tember 30, 2002).

11 (b) PELL GRANTS.—

12 (1) BUDGET AUTHORITY.—In the Senate, if ap13 propriations of discretionary new budget authority

14 enacted for the Federal Pell Grant Program are in15 sufficient to cover the full cost of Pell Grants in the

16 upcoming award year, adjusted for any cumulative

17 funding surplus or shortfall from prior years, the

18 budget authority counted against the bill for the Pell

19 Grant Program shall be equal to the adjusted full

20 cost.

21 (2) APPLICATION.—This subsection shall apply

22 only to new Pell Grant awards approved in legisla23 tion for award year 2006–2007 and subsequent

24 award years and shall not apply to the cumulative

25 shortfall through award year 2005–2006.
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1 (3) ESTIMATES.—The estimate of the budget

2 authority associated with the full cost of Pell Grants

3 shall be based on the maximum award and any

4 changes in eligibility requirements, using current

5 economic and technical assumptions and as deter6 mined pursuant to scorekeeping guidelines, if any.

7 SEC. 407. LIMITATION ON LONG-TERM SPENDING PRO8 POSALS.

9 (a) CONGRESSIONAL BUDGET OFFICE ANALYSIS OF

10 PROPOSALS.—The Congressional Budget Office shall, to

11 the extent practicable, prepare an estimate of the costs

12 in each of the four 10-year periods beginning in fiscal year

13 2015 through fiscal year 2055, for each bill or resolution

14 of a public character, except measures within the jurisdic15 tion of the Committee on Appropriations, causing a net

16 increase in direct spending in excess of $5,000,000,000

17 in any of the four 10-year periods, and shall submit to

18 the committee the estimate of the costs of the legislation.

19 (b) IN THE SENATE.—It shall not be in order to con20 sider any bill, joint resolution, amendment, motion, or con21 ference report that would cause a net increase in direct

22 spending in excess of $5,000,000,000 in any of the four

23 10-year periods beginning in 2015 through 2055, as meas24 ured against current law out-year estimates prepared by

25 the Congressional Budget Office.
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1 (c) WAIVER.—This section may be waived or sus2 pended only by the affirmative vote of three-fifths of the

3 Members, duly chosen and sworn.

4 (d) APPEALS.—An affirmative vote of three-fifths of

5 the Members, duly chosen and sworn, shall be required

6 to sustain an appeal of the ruling of the Chair on a point

7 of order raised under this section.

8 (e) DETERMINATIONS OF BUDGET LEVELS.—For

9 purposes of this section, the levels of net direct spending

10 shall be determined on the basis of estimates provided by

11 the Committee on the Budget of the Senate.

12 (f) SUNSET.—This section shall expire on September

13 30, 2010.

14 SEC. 408. EXERCISE OF RULEMAKING POWERS.

15 Congress adopts the provisions of this title—

16 (1) as an exercise of the rulemaking power of

17 the Senate and the House, respectively, and as such

18 they shall be considered as part of the rules of each

19 House, or of that House to which they specifically

20 apply, and such rules shall supersede other rules

21 only to the extent that they are inconsistent there22 with; and

23 (2) with full recognition of the constitutional

24 right of either House to change those rules (so far

25 as they relate to that house) at any time, in the
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1 same manner, and to the same extent as in the case

2 of any other rule of that House.

3 TITLE V—SENSE OF THE SENATE

4 SEC. 501. SENSE OF THE SENATE REGARDING UNAUTHOR5 IZED APPROPRIATIONS.

6 It is the sense of the Senate that Congress should—

7 (1) preclude consideration of any bill, joint res8 olution, motion, amendment, or conference report

9 that would provide an appropriation, in whole or in

10 part, for programs not specifically authorized by law

11 or Treaty stipulation, or the amount of which ex12 ceeds the amount specifically authorized by law or

13 Treaty stipulation, or that would provide a limited

14 tax benefit as defined by the Line Item Veto Act of

15 1996 (Public Law 104–130), and

16 (2) determine a method for effectively con17 taining the extraordinary growth in unauthorized

18 earmarks.

19 SEC. 502. SENSE OF THE SENATE REGARDING A COMMIS20 SION TO REVIEW THE PERFORMANCE OF

21 PROGRAMS.

22 It is the sense of the Senate that a commission should

23 be established to review Federal agencies, and programs

24 within such agencies, with the express purpose of pro25 viding Congress with recommendations, and legislation to
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1 implement those recommendations, to realign or eliminate

2 Government agencies and programs that are wasteful, du3 plicative, inefficient, outdated, irrelevant, or have failed to

4 accomplish their intended purpose.

5 SEC. 503. SENSE OF THE SENATE REGARDING TRICARE.

6 It is the sense of the Senate that Congress should

7 provide sufficient funding to the Department of Defense

8 to offer members of the Reserve Component continuous

9 access to TRICARE, for a premium, regardless of their

10 activation status.

11 SEC. 504. SENSE OF THE SENATE REGARDING RESTRAIN12 ING MEDICAID GROWTH.

13 (a) FINDINGS.—The Senate makes the following

14 findings:

15 (1) The Medicaid program provides essential

16 health care and long-term care services to more than

17 50,000,000 low-income children, pregnant women,

18 parents, individuals with disabilities, and senior citi19 zens. It is a Federal guarantee that ensures the

20 most vulnerable will have access to needed medical

21 services.

22 (2) Medicaid provides critical access to long23 term care and other services for the elderly and indi24 viduals living with disabilities, and is the single larg25 est provider of long-term care services. Medicaid also
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1 pays for personal care and other supportive services

2 that are typically not provided by private health in3 surance or Medicare, but are necessary to enable in4 dividuals with spinal cord injuries, developmental

5 disabilities, neurological degenerative diseases, seri6 ous and persistent mental illnesses, HIV/AIDS, and

7 other chronic conditions to remain in the commu8 nity, to work, and to maintain independence.

9 (3) Medicaid supplements the Medicare pro10 gram for more than 6,000,000 low-income elderly or

11 disabled Medicare beneficiaries, assisting them with

12 their Medicare premiums and co-insurance, wrap13 around benefits, and the costs of nursing home care

14 that Medicare does not cover. The Medicaid program

15 spent nearly $40,000,000,000 on uncovered Medi16 care services in 2002.

17 (4) Medicaid provides health insurance for more

than 1 18 ⁄4 of America’s children and is the largest purchaser of maternity care, paying for more than 1 19 ⁄3

20 of all the births in the United States each year.

21 Medicaid also provides critical access to care for

22 children with disabilities, covering more than 70 per23 cent of poor children with disabilities.

24 (5) More than 16,000,000 women depend on

25 Medicaid for their health care. Women comprise the
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1 majority of seniors (71 percent) on Medicaid. Half

2 of nonelderly women with permanent mental or

3 physical disabilities have health coverage through

4 Medicaid. Medicaid provides treatment for low-in5 come women diagnosed with breast or cervical can6 cer in every State.

7 (6) Medicaid is the Nation’s largest source of

8 payment for mental health services, HIV/AIDS care,

9 and care for children with special needs. Much of

10 this care is either not covered by private insurance

11 or limited in scope or duration. Medicaid is also a

12 critical source of funding for health care for children

13 in foster care and for health services in schools.

14 (7) Medicaid funds help ensure access to care

15 for all Americans. Medicaid is the single largest

16 source of revenue for the Nation’s safety net hos17 pitals, health centers, and nursing homes, and is

18 critical to the ability of these providers to adequately

19 serve all Americans.

20 (8) Medicaid serves a major role in ensuring

21 that the number of Americans without health insur22 ance, approximately 45,000,000 in 2003, is not sub23 stantially higher. The system of Federal matching

24 for State Medicaid expenditures ensures that Fed25 eral funds will grow as State spending increases in
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1 response to unmet needs, enabling Medicaid to help

2 buffer the drop in private coverage during reces3 sions. More than 4,800,000 Americans lost em4 ployer-sponsored coverage between 2000 and 2003,

5 during which time Medicaid enrolled an additional

6 8,400,000 Americans.

7 (b) SENSE OF THE SENATE.—It is the sense of the

8 Senate that the Finance Committee shall not report a rec9 onciliation bill that achieves spending reductions that

10 would—

11 (1) undermine the role the Medicaid program

12 plays as a critical component of the health care sys13 tem of the United States;

14 (2) cap Federal Medicaid spending, or other15 wise shift Medicaid cost burdens to State or local

16 governments and their taxpayers and health pro17 viders, forcing a reduction in access to essential

18 health services for low-income elderly individuals, in19 dividuals with disabilities, and children and families;

20 or

21 (3) undermine the Federal guarantee of health

22 insurance coverage Medicaid provides, which would

23 threaten not only the health care safety net of the

24 United States, but the entire health care system.
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1 SEC. 505. SENSE OF THE SENATE REGARDING TRIBAL COL2 LEGES AND UNIVERSITIES.

3 (a) FINDINGS.—The Senate finds the following:

4 (1) American Indians from over 250 federally

5 recognized tribes nationwide attend tribal college

6 and universities, a majority of whom are first-gen7 eration college students.

8 (2) Tribal colleges and universities are located

9 in some of the most isolated and impoverished areas

10 in the Nation and are the Nation’s most poorly

11 funded institutions of higher education. While the

12 Tribally Controlled College or University Assistance

13 Act, or ‘‘Tribal College Act’’ provides funding based

14 solely on Indian students, the colleges have open en15 rollment policies providing access to postsecondary

16 education opportunities to all interested students,

17 about 20 percent of whom are non-Indian. With rare

18 exception, tribal colleges and universities do not re19 ceive operating funds from their respective States

20 for these non-Indian State resident students. Yet, if

21 these same students attended any other public insti22 tutions in their States, the State would provide basic

23 operating funds to the institution.

24 (b) SENSE OF THE SENATE.—It is the sense of the

25 Senate that—
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1 (1) this resolution recognizes the funding chal2 lenges faced by tribal colleges, and universities and

3 assumes that equitable consideration will be provided

4 to them through funding of the Tribally Controlled

5 College or University Assistance Act, the Equity in

6 Educational Land Grant Status Act, title III of the

7 Higher Education Act of 1965, and the National

8 Science Foundation, Department of Defense, and

9 Housing and Urban Development Tribal College and

10 University Programs; and

11 (2) such equitable consideration reflects Con12 gress intent to continue to work toward statutory

13 Federal funding authorization goals for tribal col14 leges and universities.

15 SEC. 506. SENSE OF THE SENATE REGARDING SUPPORT

16 FOR THE PRESIDENT’S REQUEST TO CON17 CENTRATE FEDERAL FUNDS FOR STATE AND

18 LOCAL HOMELAND SECURITY ASSISTANCE

19 PROGRAMS ON THE HIGHEST THREATS,

20 VULNERABILITIES, AND NEEDS.

21 It is the sense of the Senate that Congress supports

22 the President’s request to ‘‘Concentrat[e] Federal funds

23 for State and local homeland security assistance programs

24 on the highest threats, vulnerabilities, and needs. In deal25 ing with homeland security assistance grants that relate
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1 to port security, Congress should (1) allocate port security

2 grants under a separate, dedicated program intended spe3 cifically for port security enhancements, rather than as

4 part of a combined program for many different infrastruc5 ture programs that could lead to reduced funding for port

6 security, (2) devise a method to enable the Secretary of

7 Homeland Security to both distribute port security grants

8 to the Nation’s port facilities more quickly and efficiently

9 and give ports the financial resources needed to comply

10 with congressional mandates, and (3) allocate sufficient

11 funding for port security to enable port authorities to com12 ply with mandated security improvements taking into con13 sideration national, economic, and strategic defense con14 cerns, ensure the protection of our Nation’s maritime

15 transportation, commerce system, and cruise passengers,

16 strive to achieve funds consistent with the needs estimated

17 by the United States Coast Guard, and recognize the

18 unique threats for which port authorities must prepare.’’.

19 SEC. 507. SENSE OF THE SENATE REJECTING PROPOSED

20 ELIMINATION OF PER DIEM REIMBURSE21 MENT TO STATE NURSING HOMES IN THE

22 PRESIDENT’S BUDGET.

23 It is the sense of the Senate that Congress should

24 reject the President’s proposal to eliminate per diem pay-
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1 ments to State Veterans Homes for the vast majority of

2 patients that reside in these homes.

3 SEC. 508. SENSE OF THE SENATE REGARDING IMPACT AID.

4 It is the sense of the Senate that funding for Impact

5 Aid (Title VIII of Public Law 107–110) should be suffi6 cient to insure that all federally connected school districts

7 are provided a payment under sections 8002 and 8003 of

8 that Act that will allow them to address the increase in

9 program costs in recent years, as this is critical for school

10 districts addressing the emotional and family needs of chil11 dren of military families who have a parent or parents en12 gaged in conflict in Iraq or Afghanistan.

13 SEC. 509. SENSE OF THE SENATE REGARDING MANDATORY

14 AGRICULTURAL PROGRAMS.

15 (a) FINDINGS.—The Senate finds the following:

16 (1) The mandatory farm programs adminis17 tered by United States Department of Agriculture

18 under the Food Security and Rural Development Act

19 of 2002 provide an economic safety net, ensure the

20 availability of Federal crop insurance, fund con21 servation priorities, and enhance agriculture export

22 market opportunities for United States farmers and

23 ranchers.

24 (2) The actual budget outlays for farm bill pro25 grams for fiscal years 2002–2004 have been about
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1 $16,700,000,000 less than projected by the Congres2 sional Budget Office in August 2002, shortly after

3 the farm bill was passed.

4 (3) Over 72 percent of farm program payments

5 are currently received by only 10 percent of our Na6 tion’s program crop producers.

7 (4) Any agricultural policy modifications should

8 address the disproportionate share of farm program

9 payments received by the largest farming operations.

10 (5) If commodity prices decline, as projected by

11 the Congressional Budget Office over the next sev12 eral years, agricultural programs will be even more

13 important to the economic future of small- and me14 dium-sized family farms.

15 (b) SENSE OF THE SENATE.—It is the sense of the

16 Senate that any reconciled mandatory agriculture savings

17 required under this resolution should be primarily

18 achieved through modifications to the payment limitation

19 provisions of the Food Security and Rural Investment Act

20 of 2002.

21 SEC. 510. SENSE OF THE SENATE REGARDING SOCIAL SE22 CURITY RESTRUCTURING.

23 (a) FINDINGS.—The Senate finds that—

24 (1) Social Security is the foundation of retire25 ment income for most Americans;
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1 (2) preserving and strengthening the long term

2 viability of Social Security is a vital national priority

3 and is essential for the retirement security of today’s

4 working Americans, current and future retirees, and

5 their families;

6 (3) Social Security faces significant fiscal and

7 demographic pressures;

8 (4) the nonpartisan Office of the Chief Actuary

9 at the Social Security Administration reports that—

10 (A) the number of workers paying taxes to

11 support each Social Security beneficiary has

12 dropped from 16.5 in 1950 to 3.3 in 2002;

13 (B) within a generation there will be only

14 2 workers to support each retiree, which will

15 substantially increase the financial burden on

16 American workers;

17 (C) without structural reform, the Social

18 Security system, beginning in 2018, will pay

19 out more in benefits than it will collect in taxes;

20 (D) without structural reform, the Social

21 Security trust fund will be exhausted in 2042,

22 and Social Security tax revenue in 2042 will

23 only cover 73 percent of promised benefits, and

24 will decrease to 68 percent by 2078;
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1 (E) without structural reform, future Con2 gresses may have to raise payroll taxes 50 per3 cent over the next 75 years to pay full benefits

4 on time, resulting in payroll tax rates of as

5 much as 16.9 percent by 2042 and 18.3 percent

6 by 2078;

7 (F) without structural reform, Social Secu8 rity’s total cash shortfall over the next 75 years

9 is estimated to be $3,700,000,000,000 meas10 ured in present value terms; and

11 (G) absent structural reforms, spending on

12 Social Security will increase from 4.3 percent of

13 gross domestic product in 2004 to 6.6 percent

14 in 2078; and

15 (5) the Congressional Budget Office, the Gov16 ernment Accountability Office, the Congressional

17 Research Service, the Chairman of the Federal Re18 serve Board, and the President’s Commission to

19 Strengthen Social Security have all warned that fail20 ure to enact fiscally responsible Social Security re21 form quickly will result in 1 or more of the fol22 lowing:

23 (A) Higher tax rates.

24 (B) Lower Social Security benefit levels.
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1 (C) Increased Federal debt or less spend2 ing on other federal programs.

3 (b) SENSE OF THE SENATE.—It is the sense of the

4 Senate that—

5 (1) the President, the Congress, and the Amer6 ican people including seniors, workers, women, mi7 norities, and disabled persons should work together

8 at the earliest opportunity to enact legislation to

9 achieve a solvent and permanently sustainable Social

10 Security system;

11 (2) Social Security reform—

12 (A) must protect current and near retirees

13 from any changes to Social Security benefits;

14 (B) must reduce the pressure on future

15 taxpayers and on other budgetary priorities;

16 (C) must provide benefit levels that ade17 quately reflect individual contributions to the

18 Social Security system; and

19 (D) must preserve and strengthen the safe20 ty net for vulnerable populations including the

21 disabled and survivors; and

22 (3) the Senate should honor section 13301 of

23 the Budget Enforcement Act of 1990.
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1 SEC. 511. SENSE OF THE SENATE THAT FAILING TO AD2 DRESS SOCIAL SECURITY WILL RESULT IN

3 MASSIVE DEBT, DEEP BENEFIT CUTS AND

4 TAX INCREASES.

5 It is the sense of the Senate that Congress should

6 reject any Social Security plan that requires deep benefit

7 cuts or a massive increase in debt, and a failure to act

8 would result in massive debt, deep benefit cuts and tax

9 increases.

10 SEC. 512. SENSE OF THE SENATE REGARDING THE STATE

11 CRIMINAL ALIEN ASSISTANCE PROGRAM.

12 (a) FINDINGS.—The Senate finds the following:

13 (1) Control of illegal immigration is a Federal

14 responsibility.

15 (2) The State Criminal Alien Assistance Pro16 gram (referred to in this section as ‘‘SCAAP’’) pro17 vides critical funding to States and localities for re18 imbursement of costs incurred as a result of housing

19 undocumented criminal aliens.

20 (3) Congress appropriated $250,000,000 for

21 SCAAP to reimburse State and local governments

22 for these costs in fiscal year 2003.

23 (4) Congress appropriated $300,000,000 for

24 SCAAP to reimburse State and local governments

25 for these costs in fiscal year 2004.
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1 (5) Congress appropriated $305,000,000 for

2 SCAAP to reimburse State and local governments

3 for these costs in fiscal year 2005.

4 (b) SENSE OF THE SENATE.—It is the sense of the

5 Senate that the levels in this concurrent resolution assume

6 that—

7 (1) Congress will appropriate $750,000,000 for

8 SCAAP for fiscal year 2006; and

9 (2) Congress will enact long-term reauthoriza10 tion of SCAAP to reimburse State and local govern11 ments for the financial burdens undocumented

12 criminal aliens place on their local criminal justice

13 systems.

14 SEC. 513. SENSE OF THE SENATE REGARDING FUNDING

15 FOR SUBSONIC AND HYPERSONIC AERO16 NAUTICS RESEARCH BY THE NATIONAL AER17 ONAUTICS AND SPACE ADMINISTRATION.

18 (a) FINDINGS.—The Senate makes the following

19 findings:

20 (1) The economic and military security of the

21 United States depends on the continued development

22 of improved aeronautics technologies.

23 (2) Research and development on many emerg24 ing aeronautics technologies is often too expensive or

25 removed in terms of time from commercial applica-
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1 tion to garner the necessary level of support from

2 the private sector.

3 (3) The advances made possible by Govern4 ment-funded research in emerging aeronautics tech5 nologies have enabled a longstanding positive bal6 ance of trade and air superiority on the battlefield

7 for the United States in recent decades.

8 (4) The aeronautics industry has grown in9 creasingly mature in recent years, with growth de10 pendent on the availability of the research workforce

11 and facilities provided by the National Aeronautics

12 and Space Administration (NASA).

13 (5) Recent NASA studies have demonstrated

14 the competitiveness, and scientific merit, and neces15 sity of nearly all existing aeronautics wind tunnel

16 and propulsion testing facilities.

17 (6) A minimum level of investment by NASA is

18 necessary to maintain these facilities in operational

19 condition and to prevent their financial collapse.

20 (b) SENSE OF THE SENATE.—It is the sense of the

21 Senate that—

22 (1) the level of funding provided for the Aero23 nautics Mission Directorate within the National Aer24 onautics and Space Administration should be in-
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1 creased by $1,582,700,000 between fiscal year 2006

2 and fiscal year 2010; and

3 (2) the increases provided should be applied to

4 the Vehicle Systems portion of the Aeronautics Mis5 sion Directorate budget for use in subsonic and

6 hypersonic aeronautical research.

7 SEC. 514. SENSE OF THE SENATE CONCERNING CHILDREN

8 WITH HIV/AIDS.

9 (a) FINDINGS.—The Senate makes the following

10 findings:

11 (1) Approximately 2,200,000 children under the

12 age of 15 are infected with the HIV virus, and 1,900

13 children worldwide are infected with HIV each day.

14 (2) In 2004, it was estimated that of the

15 4,900,000 people newly infected with HIV, 640,000

16 were children. The vast majority of them were in17 fected through mother-to-child transmission, which

18 includes transmission at any point during preg19 nancy, labor, delivery, or breastfeeding.

20 (3) Effective implementation of prevention of

21 mother-to-child transmission of HIV and care and

22 treatment services in the United States has resulted

23 in the near elimination (less than 2 percent trans24 mission) of mother-to-child transmission of HIV/

25 AIDS. By contrast, in resource-poor settings less
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1 than 10 percent of pregnant women living with HIV

2 have access to services to prevent mother-to-child

3 transmission of HIV.

4 (4) Currently, more than 4,000,000 children

5 worldwide are estimated to have died from AIDS.

6 (5) In 2004, approximately 510,000 children

7 died of AIDS, resulting in almost 1,400 AIDS

8 deaths in children per day.

9 (6) According to the Joint United Nations Pro10 gramme on HIV/AIDS, if current trends continue by

11 2010, 3,500,000 of the 45,000,000 people infected

12 worldwide will be children under the age of 15.

13 (7) At least a quarter of newborns infected with

14 HIV die before the age of one, up to 60 percent die

15 before reaching their second birthday, and overall,

16 most die before they are 5 years of age.

17 (8) HIV threatens to reverse the child survival

18 and developmental gains of past decades.

19 (9) Research and practice have shown conclu20 sively that timely initiation of antiretroviral therapy

21 to infants or young children with HIV/AIDS can

22 preserve or restore their immune functions, promote

23 normal growth and development, and prolong life.

24 (10) There is clear evidence in resource-rich

25 countries that antiretroviral treatment in children is
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1 very effective. For example, many children who were

2 infected through mother-to-child transmission in the

3 United States are living with HIV as young adults.

4 (11) Few programs specifically target the treat5 ment of children with HIV/AIDS in resource-poor

6 countries due to significant challenges in diagnosing

7 and treating infants and young children with HIV.

8 Such challenges include difficulty in diagnosing HIV

9 in infants less than 18 months of age, lack of appro10 priate and affordable pediatric HIV/AIDS medicines,

11 and lack of trained health care providers.

12 (12) Children are not small adults and treating

13 them as such can seriously jeopardize their health.

14 (13) Children should not be forgotten in the

15 fight against the global HIV/AIDS pandemic.

16 (b) SENSE OF THE SENATE.—It is the sense of the

17 Senate that this resolution assumes that—

18 (1)(A) assistance should be provided to support

19 the expansion of programs to prevent mother-to20 child transmission of HIV as an integral component

21 of a comprehensive approach to fighting HIV/AIDS;

22 (B) to facilitate the expansion described in sub23 paragraph (A)—
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1 (i) more resources are needed for infra2 structure improvements and education and

3 training of health care workers; and

4 (ii) better linkages between mother-to-child

5 transmission and broader care and treatment

6 programs should be created for women, chil7 dren, and families who are in need of access to

8 expanded services;

9 (2) assistance should be provided to support the

10 care and treatment of children with HIV/AIDS, in11 cluding the development and purchase of high-qual12 ity, Food and Drug Administration-approved pedi13 atric formulations of antiretroviral drugs and other

14 HIV/AIDS medicines, including fixed-dose combina15 tions, pediatric-specific training to doctors and other

16 health-care personnel, and the purchase of pediatric17 appropriate technologies;

18 (3) antiretroviral drugs intended for pediatric

19 use should include age-appropriate dosing informa20 tion;

21 (4) health care sites in resource-poor countries

22 need better diagnostic capacity and appropriate sup23 plies to provide care and treatment services for chil24 dren, and additional training is required to ensure
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1 that health care providers can administer specialized

2 care services for children; and

3 (5) pediatric care and treatment should be inte4 grated into the existing health care framework so

5 children and families can be treated simultaneously.

6 SEC. 515. SENSE OF THE SENATE REGARDING THE ACQUISI7 TION OF THE NEXT GENERATION DESTROYER

8 (DDX).

9 (a) FINDINGS.—The Senate makes the following

10 findings:

11 (1) The Quadrennial Defense Review to be con12 ducted in 2005 has not been completed.

13 (2) The national security of the United States

14 is best served by a competitive industrial base con15 sisting of at least two shipyards capable of con16 structing major surface combatants.

17 (b) SENSE OF THE SENATE.—It is the sense of the

18 Senate that—

19 (1) it is ill-advised for the Department of De20 fense to pursue a winner-take-all strategy for the ac21 quisition of destroyers under the next generation de22 stroyer (DDX) program; and

23 (2) the amounts identified in this resolution as24 sume that the Department of Defense will not ac-
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1 quire any destroyer under the next generation de2 stroyer program through a winner-take-all strategy.

3 (c) WINNER-TAKE-ALL STRATEGY DEFINED.—In

4 this section, the term ‘‘winner-take-all strategy’’, with re5 spect to the acquisition of destroyers under the next gen6 eration destroyer program, means the acquisition (includ7 ing design and construction) of such destroyers through

8 a single shipyard.

9 SEC. 516. SENSE OF THE SENATE ON REDUCING THE TAX

10 ON SOCIAL SECURITY BENEFITS.

11 It is the sense of the Senate that the tax cuts as12 sumed in this resolution include repeal of the 1993 law

13 that subjects 85 percent of certain Social Security benefits

14 to the income tax, provided that the revenue loss to the

15 Medicare Hospital Insurance Trust Fund is fully replaced

16 so that seniors’ access to health care is not adversely af17 fected. If the inclusion of these proposals would otherwise

18 cause the cost of the tax cuts to exceed the level authorized

19 in the resolution, any excess should be fully offset by clos20 ing corporate tax loopholes.

21 SEC. 517. SENSE OF THE SENATE ON THE CRIME VICTIMS

22 FUND.

23 (a) FINDINGS.—The Senate finds the following:

24 (1) The Victims of Crime Act of 1984

25 (‘‘VOCA’’) was enacted to provide Federal financial
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1 support for services to victims of all types of crime,

2 primarily through grants to state crime victim com3 pensation and victim assistance programs.

4 (2) VOCA created the Crime Victims Fund

5 (‘‘the Fund’’) as a separate account into which are

6 deposited monies collected from persons convicted of

7 Federal criminal offenses, including criminal fines,

8 forfeitures and special assessments. There are no

9 general taxpayer generated revenues deposited into

10 the Fund.

11 (3) Each fiscal year, the Fund is used to

12 support—

13 (A) Children’s Justice Act grants to States

14 to improve the investigation and prosecution of

15 child abuse cases;

16 (B) victim witness coordinators in United

17 States Attorney’s Offices;

18 (C) victim assistance specialists in Federal

19 Bureau of Investigation field offices;

20 (D) discretionary grants by the Office for

21 Victims of Crime to provide training and tech22 nical assistance and services to victims of Fed23 eral crimes;

24 (E) formula grants to States to supple25 ment State crime victim compensation pro-
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1 grams, which reimburse more than 150,000 vio2 lent crime victims annually for out-of-pocket ex3 penses, including medical expenses, mental

4 health counseling, lost wages, loss of support

5 and funeral costs;

6 (F) formula grants to States for financial

7 assistance to upwards of 4,400 programs pro8 viding direct victim assistance services to nearly

9 4,000,000 victims of all types of crimes annu10 ally, with priority for programs serving victims

11 of domestic violence, sexual assault and child

12 abuse, and previously underserved victims of

13 violent crime; and

14 (G) the Antiterrorism Emergency Reserve,

15 to assist victims of domestic and international

16 terrorism.

17 (4) Just 4 months ago, a strong bipartisan, bi18 cameral majority in Congress affirmed its support

19 for the Crime Victims Fund and increased its com20 mitment to crime victims in the Justice for All Act

21 of 2004 (Public Law 108–405), which establishes

22 Federal crime victims rights and authorized 2 new

23 VOCA-funded victim programs.

24 (5) Before fiscal year 2000, all amounts depos25 ited into the Crime Victims Fund in each fiscal year
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1 were made available for authorized programs in the

2 subsequent fiscal year.

3 (6) Beginning in fiscal year 2000, Congress re4 sponded to large fluctuations of deposits into the

5 Fund by delaying obligations from the Fund above

6 certain amounts, as follows:

7 (A) For fiscal year 2000, $500,000,000.

8 (B) For fiscal year 2001, $537,500,000.

9 (C) For fiscal year 2002, $550,000,000.

10 (D) For fiscal year 2003, $600,000,000.

11 (E) For fiscal year 2004, $625,000,000.

12 (F) For fiscal year 2005, $625,000,000.

13 (7) In the conference report on an omnibus

14 spending bill for fiscal year 2000 (Public Law 106–

15 113), Congress explained that the reason for delay16 ing annual Fund obligations was ‘‘to protect against

17 wide fluctuations in receipts into the Fund, and to

18 ensure that a stable level of funding will remain

19 available for these programs in future years’’.

20 (8) VOCA mandates that ‘‘. . . all sums depos21 ited in the Fund in any fiscal year that are not

22 made available for obligation by Congress in the

23 subsequent fiscal year shall remain in the Fund for

24 obligation in future fiscal years, without fiscal year

25 limitation’’.
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1 (9) For fiscal year 2006, the President is rec2 ommending ‘‘rescission’’ of $1,267,000,000 from

3 amounts in the Fund.

4 (10) The rescission proposed by the President

5 would result in no funds being available to support

6 crime victim services at the start of fiscal year 2007.

7 Further, such rescission would make the Fund vul8 nerable to fluctuations in receipts into the Fund,

9 and would not ensure that a stable level of funding

10 will remain available for vital programs in future

11 years.

12 (11) Retention of all amounts deposited into

13 the Fund for the immediate and future use of crime

14 victim services as authorized by VOCA is supported

15 by many major national victim service organizations,

16 including—

17 (A) Justice Solutions, NPO;

18 (B) National Organization for Victim As19 sistance;

20 (C) National Alliance to End Sexual Vio21 lence;

22 (D) National Children’s Alliance;

23 (E) National Association of VOCA Assist24 ance Administrators;
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1 (F) National Association of Crime Victim

2 Compensation Boards;

3 (G) Mothers Against Drunk Driving;

4 (H) National Center for Victims of Crime;

5 (I) National Organization for Parents of

6 Murdered Children;

7 (J) National Coalition Against Domestic

8 Violence;

9 (K) Pennsylvania Coalition Against Rape;

10 and

11 (L) National Network to End Domestic Vi12 olence.

13 (b) SENSE OF THE SENATE.—It is the sense of the

14 Senate that the funding levels in this resolution assume

15 that all amounts that have been and will be deposited into

16 the Crime Victims Fund, including amounts deposited in

17 fiscal year 2006 and thereafter, shall remain in the Fund

18 for use as authorized under the Victims of Crime Act of

19 1984.

20 SEC. 518. SENSE OF THE SENATE SUPPORTING FUNDING

21 FOR HIDTAS.

22 (a) FINDINGS.—The Senate finds the following:

23 (1) The High Intensity Drug Trafficking Area

24 (HIDTA) program encompasses 28 strategic re25 gions, 355 task forces, 53 intelligence centers, 4,428
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1 Federal personnel, and 8,459 State and local per2 sonnel.

3 (2) The purposes of the HIDTA program are to

4 reduce drug trafficking and drug production in des5 ignated areas in the United States by—

6 (A) facilitating cooperation among Federal,

7 State, and local law enforcement agencies to

8 share information and implement coordinated

9 enforcement activities;

10 (B) enhancing intelligence sharing among

11 Federal, State, and local law enforcement agen12 cies;

13 (C) providing reliable intelligence to law

14 enforcement agencies needed to design effective

15 enforcement strategies and operations; and

16 (D) supporting coordinated law enforce17 ment strategies which maximize use of available

18 resources to reduce the supply of drugs in

19 HIDTA designated areas.

20 (3) In 2004, HIDTA efforts resulted in dis21 rupting or dismantling over 509 international, 711

22 multi-State, and 1,110 local drug trafficking organi23 zations.
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1 (4) In 2004, HIDTA instructors trained 21,893

2 students in cutting-edge practices to limit drug traf3 ficking and manufacturing within their areas.

4 (5) The HIDTAs are the only drug enforcement

5 coalitions that include equal partnership between

6 Federal, State, and local law enforcement leaders

7 executing a regional approach to achieving regional

8 goals while pursuing a national mission.

9 (6) The proposed budget of $100,000,000 for

10 the HIDTA program is inadequate to effectively

11 maintain all of the operations currently being sup12 ported.

13 (7) The proposed budget of $100,000,000 for

14 the HIDTA program would undermine the viability

15 of this program and the efforts of law enforcement

16 around the country to combat illegal drugs, particu17 larly methamphetamine.

18 (b) SENSE OF THE SENATE.—It is the sense of the

19 Senate that—

20 (1) the spending level of budget function 750

21 (Administration of Justice) is assumed to include

22 $227,000,000 for the High Intensity Drug Traf23 ficking Areas; and

24 (2) unless new legislation is enacted, it is as25 sumed that the HIDTA program will remain with
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1 the Office of National Drug Control Policy, where

2 Congress last authorized it to reside.

3 SEC. 519. SENSE OF THE SENATE REGARDING THE NEED

4 FOR A COMPREHENSIVE, COORDINATED, AND

5 INTEGRATED NATIONAL OCEAN POLICY.

6 (a) FINDINGS.—The Senate makes the following

7 findings:

8 (1) The United States Commission on Ocean

9 Policy and the Pew Ocean Commission have each

10 completed and published independent findings on the

11 state of the United States oceans, coasts, and Great

12 Lakes.

13 (2) The findings made by the Commissions in14 clude the following:

15 (A) The United States oceans, coasts, and

16 Great Lakes are a vital component of the econ17 omy of the United States.

18 (B) The resources and ecosystems associ19 ated with the United States oceans, coasts, and

20 Great Lakes are in trouble.

21 (b) SENSE OF THE SENATE.—It is the sense of the

22 Senate that the President and the Congress should—

23 (1) expeditiously consider the recommendations

24 of the United States Commission on Ocean Policy

25 during the 109th Congress; and
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1 (2) enact a comprehensive, coordinated, and in2 tegrated national ocean policy that will ensure the

3 long-term economic and ecological health of the

4 United States oceans, coasts, and Great Lakes.

5 SEC. 520. UNITED STATES RESPONSE TO GLOBAL HIV/AIDS,

6 TUBERCULOSIS, AND MALARIA.

7 (a) FINDINGS.—Congress makes the following find8 ings:

9 (1) The HIV/AIDS pandemic has reached stag10 gering proportions. At the end of 2004, an estimated

11 40,000,000 people were infected with HIV or living

12 with AIDS. HIV/AIDS is estimated to kill 3,000,000

13 men, women and children each year. Each year,

14 there are estimated to be 5,000,000 new HIV infec15 tions.

16 (2) The United States was the first, and re17 mains the largest, contributor to the Global Fund.

18 (3) The Presidential Administration of George

19 W. Bush (referred to in this section as the ‘‘Admin20 istration’’) has supported language in the Global

21 HIV/AIDS authorization bill that links United

22 States contributions to the Global Fund to the con23 tributions of other donors, permitting the United

24 States to provide 33 percent of all donations, which

25 would match contributions on a one-to-two basis.
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1 (4) Congress has provided one-third of all dona2 tions to the Global Fund every year of the Fund’s

3 existence.

4 (5) For fiscal year 2006, the Global Fund esti5 mates it will renew $2,400,000,000 worth of effec6 tive programs that are already operating on the

7 ground, and the Administration and Fund Board

8 have said that renewals of existing grants should re9 ceive priority funding.

10 (6) The Global Fund is an important compo11 nent of United States efforts to combat AIDS, tu12 berculosis and malaria, and supports approximately

13 300 projects in 130 countries.

14 (7) For fiscal year 2006, the President has re15 quested $300,000,000 for the United States con16 tribution to the Global Fund.

17 (8) Through a mid-year review process, Con18 gress and the Administration will assess contribu19 tions to date and anticipated contributions to the

20 Global Fund, and ensure that United States con21 tributions, at year-end, are at the appropriate one22 to-two ratio.

23 (9) Congress and the Administration will mon24 itor contributions to the Global Fund to ensure that
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1 United States contributions do not exceed one-third

2 of the Global Fund’s revenues.

3 (10) In order to cover one-third of renewals

4 during fiscal year 2006, and to maintain the one-to5 two funding match, the United States will need to

6 contribute an additional $500,000,000 above the

7 President’s request for the Global Fund for fiscal

8 year 2006 to keep good programs funded at a level

9 of $800,000,000.

10 (b) SENSE OF THE SENATE.—It is the sense of the

11 Senate that the assumptions underlying this budget reso12 lution assume that none of the offsets needed to provide

13 $800,000,000 for the Global Fund will come from inter14 national humanitarian assistance programs.

15 SEC. 521. OFFSET FOR INCREASES IN FUNDING FOR THE

16 COPS METHAMPHETAMINE ENFORCEMENT

17 AND CLEAN-UP PROGRAM.

18 It is the sense of the Senate that this resolution as19 sumes that any increases in funding for the COPS Meth20 amphetamine Enforcement Clean-Up Program should be

21 offset by increased revenues to be derived from closing cor22 porate tax loopholes.
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1 SEC. 522. SENSE OF THE SENATE REGARDING FOREIGN2 OWNED DEBT.

3 It is the sense of the Senate that the Secretary of

4 the Treasury and the Comptroller General should each

5 conduct a study to examine the economic impact of United

6 States publicly-held debt that is held by foreign govern7 ments, institutions, and individuals. The study should pro8 vide an analysis of the following:

9 (1) The amount of foreign-owned debt dating

10 back to 1980, broken down by foreign governments,

11 foreign institutions, and foreign private investors,

12 and expressed in nominal terms and as a percentage

13 of the total amount of publicly-held debt in each

14 year.

15 (2) The economic impact that the increased for16 eign ownership of United States publicly-held debt

17 has had on the ability of the United States to main18 tain a stable dollar policy.

19 (3) The impact that foreign ownership of

20 United States publicly-held debt has had, or could

21 have, on United States trade policy.

22 SEC. 523. SENSE OF THE SENATE REGARDING TAX RELIEF

23 TO ENCOURAGE CHARITABLE GIVING.

24 (a) FINDINGS.—The Senate finds that—

25 (1) the CARE Act, which represents a part of

26 the President’s faith-based initiative, will spur chari-
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1 table giving and assist faith-based and community

2 organizations that serve the needy;

3 (2) more than 1,600 small and large organiza4 tions from around the Nation have endorsed the

5 CARE Act, and in the 108th Congress the CARE

6 Act had bipartisan support and was sponsored by 23

7 Senators;

8 (3) although the CARE Act passed the Senate

9 on April 9, 2003, by a vote of 95 to 5, and the

10 House of Representatives passed companion legisla11 tion on September 17, 2003, by a vote of 408 to 13,

12 a conference committee on the CARE Act was never

13 formed and a final version was not passed in the

14 108th Congress; and

15 (4) charities around the Nation continue to

16 struggle, and the passage of the incentives for chari17 table giving contained in the CARE Act would pro18 vide significant dollars in private and public sector

19 assistance to those in need.

20 (b) SENSE OF THE SENATE.—It is the sense of the

21 Senate that a relevant portion of amounts in this budget

22 resolution providing for tax relief should be used—

23 (1) to provide the 86,000,000 Americans who

24 do not itemize deductions an opportunity to deduct

25 charitable contributions;
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1 (2) to provide incentives for individuals to give

2 tax free contributions from individual retirement ac3 counts for charitable purposes;

4 (3) to provide incentives for an estimated

5 $2,000,000,000 in food donations from farmers, res6 taurants, and corporations to help the needy, an

7 equivalent of 878,000,000 meals for hungry Ameri8 cans over 10 years;

9 (4) to provide at least 300,000 low-income,

10 working Americans the opportunity to build assets

11 through individual development accounts or IDAs,

12 which can be used to purchase a home, expand edu13 cational opportunity, or to start a small business;

14 and

15 (5) to provide incentives for corporate chari16 table contributions.

17 SEC. 524. SENSE OF SENATE REGARDING WATER INFRA18 STRUCTURE.

19 (a) FINDINGS.—The Senate finds that—

20 (1) payments to States from the Federal Water

21 Pollution Control State Revolving Fund under title

22 VI of the Federal Water Pollution Control Act (33

23 U.S.C. 1381 et seq.) are essential to protect public

24 health, fisheries, wildlife, and watersheds, and to en-
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1 sure opportunities for public recreation and eco2 nomic development;

3 (2) despite important progress in protecting

4 and enhancing water quality since the enactment of

5 the Federal Water Pollution Control Act (33 U.S.C.

6 1251 et seq.) in 1972, serious water pollution prob7 lems persist throughout the United States;

8 (3) the report of the Environmental Protection

9 Agency dated September 30, 2002, and relating to

10 clean water and drinking water infrastructure gap

11 analysis found that there will be a $535,000,000,000

12 gap between current spending and projected needs

13 for water and wastewater infrastructure over the

14 next 20 years if additional investments are not

15 made;

16 (4) in November 2002, the Congressional Budg17 et Office estimated the annual investment in clean

18 water infrastructure needs to be at least

19 $13,000,000,000 for capital construction and

20 $20,300,000,000 for operation and maintenance;

21 and

22 (5) the Federal Government is a vital partner

23 with State and local governments and must continue

24 to share in the burden of maintaining and improving

25 the water infrastructure of the United States.
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1 (b) SENSE OF THE SENATE.—It is the sense of the

2 Senate that payments to States from the Federal Water

3 Pollution Control State Revolving Fund under title VI of

4 the Federal Water Pollution Control Act (33 U.S.C. 1381

5 et seq.) should be increased to $1,350,000,000 for fiscal

6 year 2006 to assist States and local communities in meet7 ing water quality standards and restoring the health and

8 safety of the water of the United States.

9 SEC. 525. SENSE OF THE SENATE REGARDING FUNDING OF

10 ADMINISTRATIVE COSTS OF SOCIAL SECU11 RITY ADMINISTRATION.

12 It is the sense of the Senate that Congress should

13 approve the full amount of the President’s request for the

14 administrative costs of the Social Security Administration

15 for fiscal year 2006, including funds for the implementa16 tion of the low-income prescription drug subsidy under

17 part D of title XVIII of the Social Security Act (as added

18 by the Medicare Prescription Drug, Improvement, and

19 Modernization Act of 2003).

20 SEC. 526. SENSE OF THE SENATE CONCERNING COMPARA21 TIVE EFFECTIVENESS STUDIES.

22 It is the Sense of the Senate that—

23 (1) the overall discretionary levels set in this

24 resolution assume $75,000,000 in new budget au25 thority in fiscal year 2006 and new outlays that flow
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1 from this budget authority in fiscal year 2006 and

2 subsequent years, to fund research and ongoing sys3 tematic reviews, consistent with efforts currently un4 dertaken by the Agency for Health Care Research

5 and Quality designed to improve scientific evidence

6 related to the comparative effectiveness and safety of

7 prescription drugs and other treatments and to dis8 seminate the findings from such research to health

9 care practitioners, consumers, and health care pur10 chasers; and

11 (2) knowledge gaps identified through such ef12 forts be addressed in accordance with the author13 izing legislation and with oversight from the commit14 tees of subject matter jurisdiction.

15 SEC. 527. SENSE OF THE SENATE REGARDING THE AD16 VANCED TECHNOLOGY PROGRAM.

17 It is the sense of the Senate that the Senate Com18 mittee on Appropriations should make every effort to pro19 vide funding for the Advanced Technology Program in fis20 cal year 2006.

21 SEC. 528. SENSE OF THE SENATE WITH RESPECT TO PEN22 SION REFORM.

23 (a) FINDINGS.—The Senate finds the following:

24 (1) The rules for calculating the funded status

25 of pension plans and for determining calculations,
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1 premiums, and other issues should ensure strong

2 funding of such plans in both good and bad eco3 nomic times.

4 (2) The expiration of the interest rate provi5 sions of the Pension Funding Equity Act of 2004 at

6 the end of 2005 and the need to address the deficit

7 at the Pension Benefit Guaranty Corporation (re8 ferred to in this section as the ‘‘PBGC’’) demand

9 enactment of pension legislation this year.

10 (3) Thirty-four million active and retired work11 ers are relying on their defined benefit plans to pro12 vide retirement security, and a failure by Congress

13 to reform the defined benefit system will place at

14 risk the pensions of millions of Americans.

15 (4) Stabilization of the defined benefit pension

16 system and the PBGC may require significant and

17 structural changes in the Employee Retirement and

18 Income Security Act of 1974 and the Internal Rev19 enue Code of 1986, which must be undertaken in a

20 single comprehensive set of reforms.

21 (b) SENSE OF THE SENATE.—It is the sense of the

22 Senate that the Senate conferees shall insist, on the Sen-
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1 ate position expressed in this resolution with respect to

2 PBGC premiums.

Passed the Senate March 17, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. CON. RES. 18

CONCURRENT RESOLUTION

Setting forth the congressional budget for the

for fiscal years 2005 and 2007 through 2010.and including the appropriate budgetary levelsUnited States Government for fiscal year 2006