H. Con. Res. 83—19
duly chosen and sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on a point of
order raised under subsection (a).
(2) FORM OF THE POINT OF ORDER.—A point of order under
subsection (a) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(3) CONFERENCE REPORTS.—If a point of order is sustained
under subsection (a) against a conference report in the Senate,
the report shall be disposed of as provided in section 313(d)
of the Congressional Budget Act of 1974.
(d) DEFINITION.—In this section, the term ‘‘advance appropria-
tion’’ means any discretionary new budget authority in a bill or
joint resolution making general appropriations or continuing appro-
priations for fiscal year 2002 that first becomes available for any
fiscal year after 2002.
(e) SENSE
OF CONGRESS.—It is the sense of Congress that
the Budget Enforcement Act of 1990 should be amended to address
procedures for advance appropriations for fiscal years beginning
with fiscal year 2003.
SEC. 203. MECHANISM FOR IMPLEMENTING INCREASE OF FISCAL YEAR
2002 DISCRETIONARY SPENDING LIMITS.
(a) FINDINGS.—The Senate finds the following:
(1) Unless and until the discretionary spending limit for
fiscal year 2002 (as set out in section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985) is increased,
aggregate appropriations which exceed the current law limits
would still be out of order in the Senate and subject to a
supermajority vote.
(2) Except for a necessary adjustment included in function
920 (to comply with section 312(b) of the Congressional Budget
Act of 1974), the functional totals contained in this concurrent
resolution envision a level of discretionary spending for fiscal
year 2002 as follows:
(A) For the discretionary category: $659,540,000,000
in new budget authority and $647,780,000,000 in outlays.
(B) For the highway category: $28,489,000,000 in out-
lays.
(C) For the mass transit category: $5,275,000,000 in
outlays.
(D) For the conservation category: $1,760,000,000 in
new budget authority and $1,232,000,000 in outlays.
(3) To facilitate the Senate completing its legislative respon-
sibilities for the 1st Session of the 107th Congress in a timely
fashion, it is imperative that the Senate consider legislation
which establishes appropriate discretionary spending limits for
fiscal year 2002 through 2006 as soon as possible.
(b) ADJUSTMENT
TO ALLOCATIONS
AND OTHER BUDGETARY
AGGREGATES
AND LEVELS.—Whenever a bill or joint resolution
becomes law that increases the discretionary spending limit for
fiscal year 2002 set out in section 251(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985, the chairman of the
Committee on the Budget of the Senate shall increase the allocation
called for in section 302(a) of the Congressional Budget Act of
1974 (2 U.S.C. 633(a)) to the appropriate Committee on Appropria-
tions and shall also appropriately adjust all other budgetary aggre-
gates and levels contained in this resolution.
H. Con. Res. 83—20
(c) SENATE DEFENSE FIREWALL.—
(1) DEFINITION.—In this subsection, for purposes of enforce-
ment in the Senate for fiscal year 2002, the term ‘‘discretionary
spending limit’’ means—
(A) for the defense category, $325,070,000,000 in new
budget authority; and
(B) for the nondefense category, $336,230,000,000 in
new budget authority.
(2) POINT OF ORDER IN THE SENATE.—
(A) IN GENERAL.—After the adjustment to the section
302(a) allocation to the Committee on Appropriations is
made pursuant to subsection (b) and except as provided
in subparagraph (B), it shall not be in order in the Senate
to consider any bill, joint resolution, amendment, motion,
or conference report that exceeds any discretionary
spending limit set forth in this subsection.
(B) EXCEPTION.—This paragraph shall not apply if a
declaration of war by Congress is in effect.
(3) WAIVER AND APPEAL.—This subsection may be waived
or suspended in the Senate only by an affirmative vote of
three-fifths of the Members, duly chosen and sworn. An affirma-
tive vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required in the Senate to sustain
an appeal of the ruling of the Chair on a point of order raised
under this subsection.
SEC. 204. COMPLIANCE WITH SECTION 13301 OF THE BUDGET
ENFORCEMENT ACT OF 1990.
(a) IN GENERAL.—In the House of Representatives, notwith-
standing section 302(a)(1) of the Congressional Budget Act of 1974
and section 13301 of the Budget Enforcement Act of 1990, the
joint explanatory statement accompanying the conference report
on any concurrent resolution on the budget shall include in its
allocation under section 302(a) of such Act to the Committee on
Appropriations amounts for the discretionary administrative
expenses of the Social Security Administration.
(b) SPECIAL RULE.—In the House of Representatives, for pur-
poses of applying section 302(f ) of the Congressional Budget Act
of 1974, estimates of the level of total new budget authority and
total outlays provided by a measure shall include any discretionary
amounts provided for the Social Security Administration.
Subtitle B—Reserve Funds
SEC. 211. RESERVE FUND FOR MEDICARE.
(a) MEDICARE REFORM AND PRESCRIPTION DRUGS.—If the Com-
mittee on Finance of the Senate or the Committee on Ways and
Means or the Committee on Energy and Commerce of the House
of Representatives reports a bill or joint resolution, or an amend-
ment is offered thereto, or a conference report thereon is submitted,
which reforms the Medicare Program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) and improves the access
of beneficiaries under that program to prescription drugs, the appro-
priate chairman of the Committee on the Budget may revise com-
mittee allocations for that committee and other appropriate budg-
etary aggregates and allocations of new budget authority (and the
H. Con. Res. 83—21
outlays resulting therefrom) in this resolution by the amount pro-
vided by that measure for that purpose, but not to exceed $0
for fiscal year 2002, $59,100,000,000 for the period of fiscal years
2002 through 2006, and $300,000,000,000 for the period of fiscal
years 2002 through 2011.
(b) MEDICARE PAYMENTS TO HOME HEALTH AGENCIES.—
(1) IN GENERAL.—Subject to paragraph (2), if the Senate
Committee on Finance or the House Committee on Ways and
Means or Committee on Energy and Commerce report a bill,
or if an amendment thereto is offered or a conference report
thereon is submitted, that repeals the 15 percent reduction
in payments under the Medicare Program to home health agen-
cies enacted by the Balanced Budget Act of 1997 and now
scheduled to go into effect on October 1, 2002, the appropriate
chairman of the Committee on the Budget may increase the
allocation of new budget authority and outlays to that com-
mittee and other appropriate budgetary aggregates and levels
by the amount provided by that measure for that purpose,
but not to exceed $0 in new budget authority and outlays
in fiscal year 2002, $4,000,000,000 for the period of fiscal years
2002 through 2006, and $13,700,000,000 for the period of fiscal
years 2002 through 2011.
(2) SURPLUS.—Legislation described in paragraph (1) may
not, when taken together with all other previously-enacted
legislation (except for legislation enacted pursuant to subsection
(a)), reduce the on-budget surplus below the level of the Medi-
care Hospital Insurance Trust Fund surplus in any fiscal year
covered by this resolution.
SEC. 212. RESERVE FUND FOR FAMILY OPPORTUNITY ACT.
(a) IN GENERAL.—Subject to subsection (b), if the Committee
on Finance of the Senate or the Committee on Energy and Com-
merce of the House of Representatives reports a bill or joint resolu-
tion, or if an amendment thereto is offered or a conference report
thereon is submitted, that provides States with the opportunity
to expand Medicaid coverage for children with special needs,
allowing families of disabled children with the opportunity to pur-
chase coverage under the Medicaid Program for such children (com-
monly referred to as the ‘‘Family Opportunity Act of 2001’’), the
appropriate chairman of the Committee on the Budget may revise
committee allocations for that committee and other appropriate
budgetary aggregates and allocations of new budget authority (and
the outlays resulting therefrom) in this resolution by the amount
provided by that measure for that purpose, but not to exceed
$227,000,000 in new budget authority and $180,000,000 in outlays
for fiscal year 2002, $3,035,000,000 in new budget authority and
$2,724,000,000 in outlays for the period of fiscal years 2002 through
2006, 
and 
$8,337,000,000 
in 
new 
budget 
authority 
and
$7,867,000,000 in outlays for the period of fiscal years 2002 through
2011.
(b) SURPLUS.—Legislation described in subsection (a) may not,
when taken together with all other previously-enacted legislation
(except for legislation enacted pursuant to section 211), reduce
the on-budget surplus below the level of the Medicare Hospital
Insurance Trust Fund surplus in any fiscal year covered by this
resolution.
H. Con. Res. 83—22
SEC. 213. RESERVE FUND FOR AGRICULTURE.
(a) IN GENERAL.—(1) Subject to subsection (b), if the Committee
on Agriculture, Nutrition, and Forestry of the Senate or the Com-
mittee on Agriculture of the House of Representatives reports a
bill, or an amendment thereto is offered, or a conference report
thereon is submitted, to reauthorize the Federal Agriculture
Improvement Act of 1996, title I of that Act, and other appropriate
agricultural production legislation, the appropriate chairman of the
Committee on the Budget may increase the allocation of new budget
authority and outlays to that committee for fiscal years 2003
through 2011 by the amount of new budget authority (and the
outlays resulting therefrom) provided by that measure for that
purpose not to exceed $66,150,000,000 in new budget authority
and outlays for fiscal years 2003 through 2011.
(2) In the House of Representatives, if an adjustment is made
under paragraph (1), the chairman of the Committee on the Budget
may adjust the fiscal year 2002 level by an amount not to exceed
the adjustment that is made for fiscal year 2003 (and reduce the
adjustment made for fiscal year 2003 by that amount).
(b) SURPLUS.—Legislation described in subsection (a) may not,
when taken together with all other previously-enacted legislation
(except for legislation enacted pursuant to section 211), reduce
the on-budget surplus below the level of the Medicare Hospital
Insurance Trust Fund surplus in any fiscal year covered by this
resolution.
SEC. 214. RESERVE FUND FOR ADDITIONAL TAX CUTS AND DEBT
REDUCTION.
If the report provided pursuant to section 202(e)(2) of the
Congressional Budget Act of 1974, the budget and economic outlook:
update (for fiscal years 2002 through 2011), estimates an on-budget
surplus for any of fiscal years 2001 through 2011 that exceeds
the estimated on-budget surplus set forth in the Congressional
Budget Office’s January 2001 budget and economic outlook for
such fiscal year, the chairman of the Committee on the Budget
of the House of Representatives may, in an amount not to exceed
the increase in such surplus for that fiscal year—
(1) reduce the recommended level of Federal revenues and
make other appropriate adjustments (including the reconcili-
ation instructions) for that fiscal year;
(2) reduce the appropriate level of the public debt, increase
the amount of the surplus, and make other appropriate adjust-
ments for that fiscal year; or
(3) any combination of paragraphs (1) and (2).
SEC. 215. TECHNICAL RESERVE FUND FOR STUDENT LOANS.
(a) IN GENERAL.—Subject to subsection (b), if the Committee
on Health, Education, Labor, and Pensions of the Senate reports
a bill, or an amendment thereto is offered, or a conference report
thereon is submitted, or the Committee on Education and the
Workforce of the House of Representatives reports a bill, or an
amendment is offered, or a conference report is submitted, that
provides additional resources for legislation that repeals the replace-
ment interest rate structure for student loans scheduled to occur
on July 1, 2003, the appropriate chairman of the Committee on
the Budget may increase the allocation of new budget authority
and outlays to the appropriate committee—
H. Con. Res. 83—23
(1) for fiscal years 2001 and 2002 by the amount of new
budget authority (and the outlays resulting therefrom) provided
by that measure for that purpose not to exceed $110,000,000
in new budget authority and $100,000,000 outlays;
(2) for fiscal years 2001 through 2006 by the amount of
new budget authority (and the outlays resulting therefrom)
provided by that measure for that purpose not to exceed
$3,440,000,000 in new budget authority and $2,840,000,000
outlays; and
(3) for fiscal years 2001 through 2011 by the amount of
new budget authority (and the outlays resulting therefrom)
provided by that measure for that purpose not to exceed
$7,665,000,000 in new budget authority and $6,590,000,000
outlays.
(b) SURPLUS.—Legislation described in subsection (a) may not,
when taken together with all other previously-enacted legislation
(except for legislation enacted pursuant to section 211), reduce
the on-budget surplus below the level of the Medicare Hospital
Insurance Trust Fund surplus in any fiscal year covered by this
resolution.
SEC. 216. RESERVE FUND FOR HEALTH INSURANCE FOR THE UNIN-
SURED.
(a) IN GENERAL.—Subject to subsection (b), if the Committee
on Finance of the Senate or the Committee on Energy and Com-
merce or Committee on Ways and Means of the House of Represent-
atives reports a bill or joint resolution, or an amendment thereto
is offered, or a conference report thereon is submitted, that provides
health insurance for the uninsured (including a measure providing
for tax deductions for the purchase of health insurance for, among
others, moderate income individuals not receiving health insurance
from their employers), the appropriate chairman of the Committee
on the Budget may revise committee allocations for that committee
and other appropriate budgetary aggregates and allocations of new
budget authority (and the outlays resulting therefrom) and may
revise the revenue aggregates and other appropriate budgetary
aggregates and allocations in this resolution by the amount provided
by that measure for that purpose, but not to exceed $28,000,000,000
in new budget authority and outlays for the period of fiscal years
2002 through 2004 or $28,000,000,000 in revenues for the period
of fiscal years 2002 through 2004 or any combination of budget
authority and outlays or revenues as long as the sum of all revisions
does not exceed $28,000,000,000. The chairman of the appropriate
Committee on the Budget is authorized to allocate these resources
over a period of time longer than that specified in the previous
sentence.
(b) SURPLUS.—Legislation described in subsection (a) may not,
when taken together with all other previously-enacted legislation
(except for legislation enacted pursuant to section 211), reduce
the on-budget surplus below the level of the Medicare Hospital
Insurance Trust Fund surplus in any fiscal year covered by this
resolution.
SEC. 217. RESERVE FUND FOR DEFENSE IN THE SENATE.
(a) IN GENERAL.—Subject to subsection (b), if the President
submits a budget amendment and the Committee on Appropriations
or the Committee on Armed Services of the Senate reports a bill,
or an amendment thereto is offered, or a conference report thereon
H. Con. Res. 83—24
is submitted, that provides additional resources for defense spending
in response to the recommendations of the President’s National
Defense Review, the chairman of the Committee on the Budget
may increase the allocation of new budget authority and outlays
to that committee for fiscal year 2002 by the amount of new budget
authority (and the outlays resulting therefrom) provided by that
measure for that purpose.
(b) SURPLUS.—Legislation described in subsection (a) may not,
when taken together with all other previously-enacted legislation
(except for legislation enacted pursuant to section 211), reduce
the on-budget surplus below the level of the Medicare Hospital
Insurance Trust Fund surplus in any fiscal year covered by this
resolution.
SEC. 218. STRATEGIC RESERVE FUND IN THE HOUSE.
(a) ADJUSTMENTS.—In the House of Representatives, the chair-
man of the Committee on the Budget may adjust the appropriate
aggregates and committee allocations of new budget authority (and
outlays flowing therefrom) for fiscal year 2002 for a bill making
appropriations for the Department of Defense and, for fiscal years
2002 through 2011, a bill making authorizations for the Department
of Defense, a bill providing a prescription drug benefit, and any
other appropriate legislation. The chairman may also make adjust-
ments for amendments to or conference reports on such bills. In
making adjustments under this subsection, the chairman shall con-
sider, as appropriate, the recommendations of the President’s
National Defense Review and any statement of administrative policy
or supplemental budget request relating to any legislation referred
to in this subsection.
(b) LIMITATIONS.—(1) The adjustments for any bill referred
to in subsection (a) shall be in an amount not to exceed the amount
by which such bill breaches the applicable allocation or aggregate.
(2) Legislation described in subsection (a) may not, when taken
together with all other previously-enacted legislation (except for
legislation enacted pursuant to section 211), reduce the on-budget
surplus below the level of the Medicare Hospital Insurance Trust
Fund surplus in any fiscal year covered by this resolution.
Subtitle C—Miscellaneous Provisions
SEC. 221. APPLICATION AND EFFECT OF CHANGES IN ALLOCATIONS
AND AGGREGATES.
(a) APPLICATION.—Any adjustments of allocations and aggre-
gates made pursuant to this resolution shall—
(1) apply while that measure is under consideration;
(2) take effect upon the enactment of that measure; and
(3) be published in the Congressional Record as soon as
practicable.
(b) EFFECT
OF CHANGED ALLOCATIONS
AND AGGREGATES.—
Revised allocations and aggregates resulting from these adjust-
ments shall be considered for the purposes of the Congressional
Budget Act of 1974 as allocations and aggregates contained in
this resolution.
(c) BUDGET COMMITTEE DETERMINATIONS.—For purposes of this
resolution—
H. Con. Res. 83—25
(1) the levels of new budget authority, outlays, direct
spending, new entitlement authority, revenues, deficits, and
surpluses for a fiscal year or period of fiscal years shall be
determined on the basis of estimates made by the Committees
on the Budget of the House of Representatives and the Senate;
and
(2) such chairman, as applicable, may make any other
necessary adjustments to such levels to carry out this resolu-
tion.
(d) ENFORCEMENT IN THE HOUSE.—
(1) IN GENERAL.—In the House of Representatives, for the
purpose of enforcing this concurrent resolution, sections 302(f )
and 311(a) of the Congressional Budget Act of 1974 shall apply
to fiscal year 2002 and the total for fiscal year 2002 and
the four ensuing fiscal years.
(2) APPROPRIATE LEVELS.—For purposes of enforcement of
the Congressional Budget Act of 1974 in the House of Rep-
resentatives, the appropriate levels of total new budget
authority and total budget outlays for fiscal years 2002 through
2011 prescribed by this resolution pursuant to section 301(a)(1)
of such Act shall be based upon the table entitled ‘‘Conference
Report Fiscal Year 2002, Budget Resolution Total Spending
and Revenues’’ in conjunction with the provisions of title II
of this resolution.
(e) ENFORCEMENT IN THE SENATE.—The Senate, for purposes
of enforcement of the Congressional Budget Act of 1974 and this
resolution, measures discharged pursuant to Senate Resolution 8
shall be considered as if the measure had been reported from
the committee of jurisdiction.
SEC. 222. EXERCISE OF RULEMAKING POWERS.
Congress adopts the provisions of this title—
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House,
or of that House to which they specifically apply, and such
rules shall supersede other rules only to the extent that they
are inconsistent therewith; and
(2) with full recognition of the constitutional right of either
House to change those rules (so far as they relate to that
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.
TITLE III—SENSE OF THE SENATE AND
CONGRESS PROVISIONS
Subtitle A—Sense of the Senate
SEC. 301. SENSE OF THE SENATE ON CONSERVATION.
It is the sense of the Senate that conservation funding is
a priority of the One Hundred Seventh Congress.
SEC. 302. SENSE OF THE SENATE ON AIDS AND OTHER INFECTIOUS
DISEASES.
Notwithstanding any other provision of this resolution, it is
the sense of the Senate that:
H. Con. Res. 83—26
(1) FINDINGS.—The Senate finds the following:
(A) HIV/AIDS, having already infected over 58 million
people worldwide, is devastating the health, economies,
and social structures in dozens of countries in Africa, and
increasingly in Asia, the Caribbean and Eastern Europe.
(B) AIDS has wiped out decades of progress in
improving the lives of families in the developing world.
As the leading cause of death in Africa, AIDS has killed
17 million and will claim the lives of one quarter of the
population, mostly productive adults, in the next decade.
In addition, 13 million children have been orphaned by
AIDS—a number that will rise to 40 million by 2010.
(C) The Agency for International Development, along
with the Centers for Disease Control and Prevention,
Department of Labor, and Department of Defense have
been at the forefront of the international battle to control
HIV/AIDS, with global assistance totaling $330,000,000
from the United States Agency for International Develop-
ment and $136,000,000 from other agencies in fiscal year
2001, primarily focused on targeted prevention programs.
(D) While prevention is key, treatment and care for
those affected by HIV/AIDS is an increasingly critical
component of the global response. Improving health sys-
tems, providing home-based care, treating AIDS-associated
diseases like tuberculosis, providing for family support and
orphan care, and making antiretroviral drugs against HIV
available will reduce social and economic damage to fami-
lies and communities.
(E) Pharmaceutical companies recently dramatically
reduced the prices of antiretroviral drugs to the poorest
countries. With sufficient resources, it is now possible to
improve treatment options in countries where health sys-
tems are able to deliver and monitor the medications.
(F) The United Nations AIDS program estimates it
will cost at least $3,000,000,000 for basic AIDS prevention
and care services in Sub-Saharan Africa alone, and at
least $2,000,000,000 more if antiretroviral drugs are pro-
vided widely. In Africa, only $500,000,000 is currently
available from all donors, lending agencies and African
governments themselves.
(2) SENSE OF THE SENATE.—It is the sense of the Senate
that the spending levels in this budget resolution shall be
increased by $200,000,000 in fiscal year 2002 and by
$500,000,000 in fiscal year 2003 and for each year thereafter
for the purpose of helping the neediest countries cope with
the burgeoning costs of prevention, care and treatment of those
affected by HIV/AIDS and associated infectious diseases.
SEC. 303. SENSE OF THE SENATE ON CONSOLIDATED HEALTH CEN-
TERS.
It is the sense of the Senate that appropriations for consolidated
health centers under section 330 of the Public Health Service Act
(42 U.S.C. 254b) should be increased by 100 percent over the
next 5 fiscal years in order to double the number of individuals
who receive health services at community, migrant, homeless, and
public housing health centers.
H. Con. Res. 83—27
SEC. 304. FUNDING FOR DEPARTMENT OF JUSTICE PROGRAMS FOR
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE.
It is the sense of the Senate that the levels in this resolution
assume increased funding for fiscal year 2002 for the Department
of Justice, State and local law enforcement grant programs.
SEC. 305. SENSE OF THE SENATE REGARDING UNITED STATES COAST
GUARD FISCAL YEAR 2002 FUNDING.
It is the sense of the Senate that any level of budget authority
and outlays in fiscal year 2002 below the level assumed in this
resolution for the Coast Guard would require the Coast Guard
to—
(1) close numerous units and reduce overall mission capa-
bility, including the counter narcotics interdiction mission
which was authorized under the Western Hemisphere Drug
Elimination Act;
(2) reduce the number of personnel of an already stream-
lined workforce; and
(3) reduce operations in a manner that would have a detri-
mental impact on the sustainability of valuable fish stocks
in the North Atlantic and Pacific Northwest and its capacity
to stem the flow of illicit drugs and illegal immigration into
the United States.
SEC. 306. STRENGTHENING OUR NATIONAL FOOD SAFETY INFRA-
STRUCTURE.
(a) FINDING.—The Senate finds that the United States food
supply is one of the safest in the world, but in order to maintain
the integrity of our food supply in the face of emerging threats,
we must make the necessary investments now, in a time of surplus.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the levels in this resolution assume that the appropriate amount
should be invested at the Food and Drug Administration and the
Centers for Disease Control and Prevention food activities next
year in order to strengthen our national food safety infrastructure
by—
(1) increasing the number of inspectors within the Food
and Drug Administration to enable the Food and Drug Adminis-
tration to inspect high-risk sites at least annually;
(2) supporting research that enables us to meet emerging
threats;
(3) improving surveillance to identify and trace the sources
and incidence of food-borne illness;
(4) otherwise maintaining at least current funding levels
for food safety initiatives in the Food and Drug Administration
and the United States Department of Agriculture; and
(5) providing additional funds should such needs arise due
to emerging food safety threats.
SEC. 307. SENSE OF THE SENATE WITH RESPECT TO INCREASING
FUNDS 
FOR 
RENEWABLE 
ENERGY 
RESEARCH 
AND
DEVELOPMENT.
It is the sense of the Senate that the Senate recognizes the
importance of renewable energy resources and that providing for
such technologies should be increased by at least $450,000,000
for fiscal year 2002 and at a rate in excess of inflation in subsequent
years.