In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urgent Counter-Terrorism 
Supplemental Appropriations Act, 2002''.

SEC. 2. STATEMENT OF APPROPRIATION.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2002, and for 
other purposes.

             TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS

SEC. 101. APPROPRIATION.

    In addition to the amounts provided in any other Act, there is 
hereby appropriated $6,548,000,000 to the ``Defense Emergency Response 
Fund'' only for the purpose of upgrading critical defense and 
intelligence capabilities to fight the war on terrorism and to recover 
from the attacks of September 11, 2001.

SEC. 102. TRANSFERS OF FUNDS.

    Notwithstanding any other provision of law or this Act, within 15 
days after the President makes an emergency designation under section 
301 for any amount specified in any section of title II, the Secretary 
of Defense shall transfer the requisite funds appropriated by section 
101 to appropriate accounts in the Treasury in accordance with the 
allocations specified in title II.

                     TITLE II--ALLOCATION OF FUNDS

SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES.

    To upgrade and improve the effectiveness of counter-terrorism 
intelligence collection and analysis, to better protect intelligence 
resources from terrorist attack, and to accelerate the installation of 
real-time linkages between intelligence systems and military 
warfighting platforms, $2,001,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $368,000,000 shall be available only to improve 
        Department of Defense and intelligence agency human 
        intelligence collection capabilities against terrorist 
        organizations to include additional manpower, additional 
        analytical capability, and agent operation expenses.
            (2) $245,000,000 shall be available only to the Director of 
        Central Intelligence to support critical foreign counter-
        intelligence force protection requirements and to provide 
        additional counter-terrorism assistance to the Federal Bureau 
        of Investigation in accordance with law.
            (3) $80,000,000 shall be available only to the Director of 
        Central Intelligence to upgrade counter-terrorism intelligence 
        tasking, processing, exploitation, and dissemination 
        capabilities.
            (4) $55,000,000 shall be available only to the Secretary of 
        Defense to upgrade counter-terrorism intelligence tasking, 
        processing, exploitation, and dissemination capabilities.
            (5) $497,000,000 shall be available only to procure and 
        support the enhancement and deployment of additional 
        Intelligence, Surveillance, and Reconnaissance assets in 
        support of Operation Enduring Freedom and follow-on anti-
        terrorist operations.
            (6) $159,000,000 shall be available only to enhance Navy 
        and Air Force electronic networking of assets and time critical 
        targeting capabilities.
            (7) $182,000,000 shall be available only to procure Link 16 
        systems for tactical ISR platforms to allow real time data 
        exchange between combat and command and control platforms.
            (8) $415,000,000 shall be available only to the Director of 
        Central Intelligence, in consultation with the Secretary of 
        Defense, for intelligence agency physical security upgrades, 
        data survivability/continuity enhancements, and satellite 
        infrastructure improvements.

SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES.

    To upgrade and improve the ability of the United States to detect, 
prevent and respond to chemical and biological warfare terrorist 
attacks at home and abroad, $817,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $307,000,000 shall be available only for rapid 
        development and/or procurement and deployment of biological 
        weapons detection systems and chemical/biological 
        decontamination equipment at key military and civilian 
        facilities.
            (2) $82,000,000 shall be available only to accelerate 
        production of anthrax vaccines and smallpox vaccine samples, to 
        develop next generation anthrax vaccines, and to develop, test, 
        evaluate and procure new drug therapies to counter biological 
        threat agents.
            (3) $185,000,000 shall be available only to equip existing 
        Army National Guard Weapons of Mass Destruction Civil Support 
        teams (WMD-CST teams) with mobile analytical laboratory 
        capabilities and to establish, train and equip additional WMD-
        CST teams in the following States and territories in order to 
        complete the objective of establishing WMD-CST teams in each 
        State and territory:
                    (A) Alabama.
                    (B) Connecticut.
                    (C) Delaware.
                    (D) District of Columbia.
                    (E) Indiana.
                    (F) Kansas.
                    (G) Maryland.
                    (H) Michigan.
                    (I) Mississippi.
                    (J) Montana.
                    (K) Nebraska.
                    (L) New Hampshire.
                    (M) New Jersey.
                    (N) Nevada.
                    (O) North Carolina.
                    (P) North Dakota.
                    (Q) Oregon.
                    (R) Rhode Island.
                    (S) South Dakota.
                    (T) Tennessee.
                    (U) Utah.
                    (V) Vermont.
                    (W) West Virginia.
                    (X) Wisconsin.
                    (Y) Wyoming.
                    (Z) American Samoa.
                    (AA) Guam.
                    (BB) Puerto Rico and Virgin Islands.
            (4) $40,000,000 shall be available only for biological 
        weapons proliferation prevention activities under the 
        Cooperative Threat Reduction Program. Of such funds, 
        $30,000,000 shall be transferred to ``Department of State--
        Nonproliferation, Anti-Terrorism, Demining, and Related 
        Programs'' only for the purpose of supporting expansion of the 
        Biological Weapons Redirect and International Science and 
        Technology Centers programs to prevent former Soviet weapons 
        experts from emigrating to proliferant States and to 
        reconfigure former Soviet biological weapons production 
        facilities for peaceful uses.
            (5) $68,000,000 shall be available only to support and 
        equip Marine Corps and Army chemical/biological warfare 
        response teams, including the procurement of additional mobile 
        decontamination units for these teams.
            (6) $25,000,000 shall be available only for the Army 
        Chemical Stockpile Emergency Preparedness Program for State and 
        Federal technical assistance projects to ensure public safety 
        at chemical weapons storage facilities in the following States:
                    (A) Alabama.
                    (B) Arkansas.
                    (C) Colorado.
                    (D) Illinois.
                    (E) Indiana.
                    (F) Maryland.
                    (G) Kentucky.
                    (H) Oregon.
                    (I) Utah.
                    (J) Washington.
            (7) $60,000,000 shall be available only for the procurement 
        of interoperable communications equipment to enable Army 
        emergency response teams to communicate with local emergency 
        response personnel.
            (8) $50,000,000 shall be available only to implement short-
        term facility repairs and improvements at the biocontainment 
        research laboratories of the Army Medical Research Institute of 
        Infectious Disease at Fort Detrick, Maryland, and the 
        facilities of the Army Institute of Pathology (AFIP) at the 
        Walter Reed Medical Center for the purpose of improving quick 
        response to demands for confirmatory and diagnostic testing of 
        potential biological threats and to accelerate the development 
        of treatments and vaccines against biological agents.

SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY.

    To upgrade and improve the ability of Special Forces to 
successfully operate in Operation Enduring Freedom and future anti-
terrorist operations, $755,000,000 of the funds appropriated in section 
101 shall be allocated as follows:
            (1) $50,000,000 shall be available only for the procurement 
        of AN/PRC 112B survival radios for SOF rescue/extraction teams 
        to provide geo-location and low probability of intercept/
        detection communications capability.
            (2) $90,000,000 shall be available only to procure common 
        missile warning systems and improved conventional munitions 
        dispensers for the MH-47 and MH-60 aircraft to enhance rotary 
        wing survivability.
            (3) $125,000,000 shall be available only to support 
        counter-terrorism full mission profile training to increase the 
        probability of mission success and decrease the possibility of 
        fratricide and to provide for shortfalls in flying hours 
        necessary to conduct such training and operations.
            (4) $125,000,000 shall be available only to support 
        survivability and mission enhancement upgrades for C-130, MH-
        53, and other SOF aircraft.
            (5) $165,000,000 shall be available only to procure 
        nonstandard weapons and ammunition, unconventional equipment 
        and supplies, and other SOF unique counter-terrorism 
        enhancements to current capabilities.
            (6) $200,000,000 shall be available only for SOCOM 
        equipment sustainment and refurbishment, and for procurement of 
        additional equipment.

SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES.

    To ensure an adequate supply of precision guided weapons and other 
weapons and munitions to fully prosecute Operation Enduring Freedom and 
future potential anti-terrorist operations, and to provide for the 
rapid development and deployment of promising anti-terrorist weapons, 
WMD defense capabilities, and added support to key tactical warfare 
systems, $912,000,000 of the funds appropriated in section 101 shall be 
allocated as follows:
            (1) $250,000,000 shall be available only to accelerate the 
        development and procurement of the tactical tomahawk cruise 
        missile.
            (2) $180,000,000 shall be available only for the 
        procurement of laser-guided bomb kits.
            (3) $125,000,000 shall be available only for procurement of 
        Army and Marine Corps small arms, small arms ammunition, and 
        night vision equipment.
            (4)(A) $250,000,000 shall be available only to 
        ``Operational Rapid Response Transfer Fund'', to remain 
        available for obligation until September 30, 2002, only for the 
        accelerated research, development, test, evaluation, 
        procurement, or deployment of military technologies, systems, 
        or other equipment necessary for improving the capability to 
        fight terrorism, protect the force, prepare for and respond to 
        terrorist attacks, or improve the capabilities of key tactical 
        systems.
            (B) The Secretary of Defense may transfer funds under this 
        paragraph only to operation and maintenance accounts, 
        procurement accounts, or research, development, test and 
        evaluation accounts.
            (C) Of the funds under this paragraph, $75,000,000 shall be 
        available only to support quick reaction activities to develop 
        and deploy promising new weapons and other WMD defense 
        capabilities that are recommended by the Department of Defense 
        Combating Terrorism Technology Task Force.
            (D) The Secretary of Defense shall provide 
written notification to the congressional defense committees prior to 
the transfer of any amount under this paragraph in excess of $5,000,000 
to a specific program, project, or activity.
            (E) None of the funds under this paragraph may be obligated 
        for new start projects without prior notification to the 
        congressional defense committees in conformance with normal 
        reprogramming procedures and guidelines.
            (5) $107,000,000 shall be available only to improve secure 
        communications capabilities of the Army Reserve components by 
        providing hardening, redundancy, storage, and information 
        assurance for network infrastructure.

SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES.

    To upgrade physical security at Department of Defense and 
intelligence agency installations, and to accelerate efforts to repair, 
reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1)(A) $800,000,000 shall be available only to finance 
        accelerated building renovation activities for military command 
        centers and related activities at the Pentagon Reservation in 
        order to accelerate completion of the Pentagon renovation 
        project by at least 4 years from the current estimated 
        completion date of 2014.
            (B) None of the funds under this paragraph shall be 
        obligated until 15 days after the Secretary of Defense has 
        submitted to the Congress a revised Pentagon renovation plan to 
        include estimated total costs by year and by function, a 
        comprehensive construction schedule, an assessment of the 
        security and operational benefits derived from an accelerated 
        schedule, and a certification that it is the Secretary's best 
        estimate that expenditure of such funds will accelerate the 
        final completion of the Pentagon renovation by at least 4 
        years.
            (2) $45,000,000 shall be available only to procure patrol 
        boat equipment in support of enhanced Navy capabilities to 
        maintain threat standoff distances in foreign ports.
            (3) $30,000,000 shall be available only to procure security 
        equipment identified by the Navy to be necessary to increase 
        the security of military sealift ships.
            (4) $25,000,000 shall be available only to upgrade 
        firefighting self contained breathing equipment on Navy surface 
        ships.
            (5) $31,000,000 shall be available only for Navy and Air 
        Force anti-access equipment.
            (6) $25,000,000 shall be available only for Army anti-
        access equipment.
            (7) $10,000,000 shall be available only to modernize the 
        USS Comfort and USS Mercy hospital ships.

SEC. 206. ESSENTIAL AIRCRAFT UPGRADES.

    To make essential upgrades and improvements in aircraft 
capabilities for operating in the Central Asia region, $602,000,000 of 
the funds appropriated in section 101 shall be allocated as follows:
            (1) $88,000,000 shall be available only for the procurement 
        of additional decoys, armor, and other self-protection upgrades 
        for Air Force aircraft.
            (2) $55,000,000 shall be available only for the procurement 
        of additional laser detecting sets and other self protection 
        and engine upgrades for Army (including SOCOM) helicopters.
            (3) $48,000,000 shall be available only for the procurement 
        of crashworthy UH-60 helicopter extended range fuel tanks.
            (4) $129,000,000 shall be available only to accelerate 
        planned electronic self protection, communications, navigation, 
        and engine upgrade modifications to combat search and rescue 
        helicopters.
            (5) $67,000,000 shall be available only to procure 
        additional Litening targeting pods for AV-8B Harrier aircraft.
            (6) $70,000,000 shall be available only to upgrade 
        strategic communications systems for the national airborne 
        command post.
            (7) $145,000,000 shall be available only to improve the 
        reliability of B-52 electronics and the maintainability of B-2 
        surfaces.

SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS.

    To ensure that the military services are not required to make 
reductions in essential training, readiness, equipment maintenance, 
quality of life, or research and development programs in order to pay 
for the unbudgeted and unpredictable operational costs of Operation 
Enduring Freedom, and to ensure that the aging equipment being used in 
Operation Enduring Freedom is properly maintained, $495,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1) $220,000,000 shall be available only to supplement the 
        defense working capital funds for increased fuel, base 
        operations, and training costs.
            (2) $200,000,000 shall be available only for additional 
        spare parts to support Operation Enduring Freedom.
            (3) $75,000,000 shall be available only for increased depot 
        maintenance requirements resulting from Operations Noble Eagle 
        and Enduring Freedom.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. EMERGENCY DESIGNATION.

    The entire amount specified in any section of title II--
            (1) is designated by the Congress as an emergency 
        requirement pursuant to section 251(b)(2)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985; and
            (2) shall be available only if an official budget request 
        for the entire amount contained in such section, that includes 
        designation of the entire amount as an emergency requirement as 
        defined in the Balanced Budget and Emergency Deficit Control 
        Act of 1985, is transmitted by the President to the Congress.

SEC. 302. REPORTING REQUIREMENT.

    Within 15 days after the President makes an emergency designation 
under section 301 for the amount specified in any section of title II, 
the Secretary of Defense shall provide to the Congress a report 
specifying the accounts to which the funds involved are to be 
transferred and project level budget justifications for each transfer.

SEC. 303. MERGER OF AMOUNTS.

    Funds transferred under this Act shall be merged with, and shall be 
available for the same time period as, the appropriations to which the 
funds are transferred.

SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES.

    Funds transferred under this Act to accounts for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).
Urgent Counter-Terrorism Supplemental Appropriations Act, 2002 - Appropriates additional funds for FY 2002 to the Defense Emergency Response Fund solely for upgrading critical defense and intelligence capabilities to fight the war on terrorism and recover from the terrorist attacks of September 11, 2001.Allocates such funds to the following categories: (1) anti-terrorism intelligence upgrades, including funds for the Department of Defense and the Central Intelligence Agency; (2) chemical and biological warfare defense capabilities, including funds for detection systems, vaccines, mobile laboratories, and public safety at chemical weapons storage facilities; (3) special forces counter-terrorism capability, including for survival radios, common missile warning systems, and nonstandard and unconventional weapons and equipment; (4) munitions and essential equipment replenishment and upgrades; (5) force protection and recovery activities, including renovations of the Pentagon Reservation; (6) essential aircraft upgrades; and (7) Operation Enduring Freedom operational costs.Designates all such funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, limiting their availability unless Congress receives a presidential budget request for the entire amount in such category.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security and Medicare 
Protection Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) fiscal pressures will mount as an aging population 
        increases the Government's obligations to provide retirement 
        income and health services;
            (2) Social Security and Medicare surpluses should be 
        reserved for strengthening and preserving the Social Security 
        trust funds; and
            (3) preserving Social Security and Medicare surpluses would 
        restore confidence in the long-term financial integrity of 
        Social Security and Medicare.
    (b) Purpose.--It is the purpose of this Act to prevent the Social 
Security and Medicare hospital insurance trust funds from being used 
for any purpose other than providing retirement and health security.

SEC. 3. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES.

    (a) Protection of Social Security and Medicare Surpluses.--Title 
III of the Congressional Budget Act of 1974 is amended by adding at the 
end the following new section:

   ``protection for social security and hospital insurance surpluses

    ``Sec. 316.  (a) Protection for Social Security and Hospital 
Insurance Surpluses.--
            ``(1) Concurrent resolutions on the budget.--
                    ``(A) In general.--It shall not be in order in the 
                House of Representatives or the Senate to consider any 
                concurrent resolution on the budget, or an amendment 
                thereto or conference report thereon, that would set 
                forth a surplus for any fiscal year that is less than 
                the surplus of the Federal Hospital Insurance Trust 
                Fund for that fiscal year.
                    ``(B) Exception.--(i) Subparagraph (A) shall not 
                apply to the extent that a violation of such 
                subparagraph would result from an assumption in the 
                resolution, amendment, or conference report, as 
                applicable, of an increase in outlays or a decrease in 
                revenue relative to the baseline underlying that 
                resolution for social security reform legislation or 
                medicare reform legislation for any such fiscal year.
                    ``(ii) If a concurrent resolution on the budget, or 
                an amendment thereto or conference report thereon, 
                would be in violation of subparagraph (A) because of an 
                assumption of an increase in outlays or a decrease in 
                revenue relative to the baseline underlying that 
                resolution for social security reform legislation or 
                medicare reform legislation for any such fiscal year, 
                then that resolution shall include a statement 
                identifying any such increase in outlays or decrease in 
                revenue.
            ``(2) Spending and tax legislation.--
                    ``(A) In general.--It shall not be in order in the 
                House of Representatives or the Senate to consider any 
                bill, joint resolution, amendment, motion, or 
                conference report if--
                            ``(i) the enactment of that bill or 
                        resolution, as reported;
                            ``(ii) the adoption and enactment of that 
                        amendment; or
                            ``(iii) the enactment of that bill or 
                        resolution in the form recommended in that 
                        conference report,
                would cause the surplus for any fiscal year covered by 
                the most recently agreed to concurrent resolution on 
                the budget to be less than the surplus of the Federal 
                Hospital Insurance Trust Fund for that fiscal year.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to social security reform legislation or medicare 
                reform legislation.
    ``(b) Enforcement.--
            ``(1) Budgetary levels with respect to concurrent 
        resolutions on the budget.--For purposes of enforcing any point 
        of order under subsection (a)(1), the surplus for any fiscal 
        year shall be--
                    ``(A) the levels set forth in the later of the 
                concurrent resolution on the budget, as reported, or in 
                the conference report on the concurrent resolution on 
                the budget; and
                    ``(B) adjusted to the maximum extent allowable 
                under all procedures that allow budgetary aggregates to 
                be adjusted for legislation that would cause a decrease 
                in the surplus for any fiscal year covered by the 
                concurrent resolution on the budget (other than 
                procedures described in paragraph (2)(A)(ii)).
            ``(2) Current levels with respect to spending and tax 
        legislation.--
                    ``(A) In general.--For purposes of enforcing 
                subsection (a)(2), the current levels of the surplus 
                for any fiscal year shall be--
                            ``(i) calculated using the following 
                        assumptions--
                                    ``(I) direct spending and revenue 
                                levels at the baseline levels 
                                underlying the most recently agreed to 
                                concurrent resolution on the budget; 
                                and
                                    ``(II) for the budget year, 
                                discretionary spending levels at 
                                current law levels and, for outyears, 
                                discretionary spending levels at the 
                                baseline levels underlying the most 
                                recently agreed to concurrent 
                                resolution on the budget; and
                            ``(ii) adjusted for changes in the surplus 
                        levels set forth in the most recently agreed to 
                        concurrent resolution on the budget pursuant to 
                        procedures in such resolution that authorize 
                        adjustments in budgetary aggregates for updated 
                        economic and technical assumptions in the mid-
                        session report of the Director of the 
                        Congressional Budget Office.
                Such revisions shall be included in the first current 
                level report on the congressional budget submitted for 
                publication in the Congressional Record after the 
                release of such mid-session report.
                    ``(B) Budgetary treatment.--Outlays (or receipts) 
                for any fiscal year resulting from social security or 
                medicare reform legislation in excess of the amount of 
                outlays (or less than the amount of receipts) for that 
                fiscal year set forth in the most recently agreed to 
                concurrent resolution on the budget or the section 
                302(a) allocation for such legislation, as applicable, 
                shall not be taken into account for purposes of 
                enforcing any point of order under subsection (a)(2).
            ``(3) Disclosure of hi surplus.--For purposes of enforcing 
        any point of order under subsection (a), the surplus of the 
        Federal Hospital Insurance Trust Fund for a fiscal year shall 
        be the levels set forth in the later of the report accompanying 
        the concurrent resolution on the budget (or, in the absence of 
        such a report, placed in the Congressional Record prior to the 
        consideration of such resolution) or in the joint explanatory 
        statement of managers accompanying such resolution.
    ``(c) Additional Content of Reports Accompanying Budget Resolutions 
and of Joint Explanatory Statements.--The report accompanying any 
concurrent resolution on the budget and the joint explanatory statement 
accompanying the conference report on each such resolution shall 
include the levels of the surplus in the budget for each fiscal year 
set forth in such resolution and of the surplus or deficit in the 
Federal Hospital Insurance Trust Fund, calculated using the assumptions 
set forth in subsection (b)(2)(A).
    ``(d) Definitions.--As used in this section:
            ``(1) The term `medicare reform legislation' means a bill 
        or a joint resolution to save Medicare that includes a 
        provision stating the following: `For purposes of section 
        316(a) of the Congressional Budget Act of 1974, this Act 
        constitutes medicare reform legislation.'.
            ``(2) The term `social security reform legislation' means a 
        bill or a joint resolution to save social security that 
        includes a provision stating the following: `For purposes of 
        section 316(a) of the Congressional Budget Act of 1974, this 
        Act constitutes social security reform legislation.'.
    ``(e) Waiver and Appeal.--Subsection (a) may be waived or suspended 
in the Senate only by an affirmative vote of three-fifths of the 
Members, duly chosen and sworn. An affirmative 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 section.
    ``(f) Effective Date.--This section shall cease to have any force 
or effect upon the enactment of social security reform legislation and 
medicare reform legislation.''.
    (b) Conforming Amendment.--The item relating to section 316 in the 
table of contents set forth in section 1(b) of the Congressional Budget 
and Impoundment Control Act of 1974 is amended to read as follows:

``Sec. 316. Protection for Social Security and hospital insurance 
                            surpluses.''.

SEC. 4. PRESIDENT'S BUDGET.

    (a) Protection of Social Security and Medicare Surpluses.--If the 
budget of the Government submitted by the President under section 
1105(a) of title 31, United States Code, recommends a surplus for any 
fiscal year that is less than the surplus of the Federal Hospital 
Insurance Trust Fund for that fiscal year, then it shall include a 
detailed proposal for social security reform legislation or medicare 
reform legislation.
    (b) Effective Date.--Subsection (a) shall cease to have any force 
or effect upon the enactment of social security reform legislation and 
medicare reform legislation as defined by section 316(d) of the 
Congressional Budget Act of 1974.
Social Security and Medicare Protection Act - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or related measure) that would set forth a surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year.

Creates an exception to such point of order if a violation of it would result from an assumption in the measure of an increase in outlays or a decrease in revenue relative to the baseline underlying the measure for Social Security or Medicare reform legislation for any such year.

Makes it out of order in the House of Representatives or the Senate to consider any (spending or tax) measure if its enactment would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year. Creates an exception to such point of order similar to the other one.

Declares that, if the President's budget recommends an on-budget surplus for any fiscal year less than the surplus of the Federal Hospital Insurance Trust Fund for that fiscal year, then it shall include a detailed proposal for Social Security or Medicare reform legislation.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Resource Efficient Appliance 
Incentives Act of 2005.''.

SEC. 2. CREDIT FOR ENERGY EFFICIENT APPLIANCES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to business-related 
credits) is amended by adding at the end the following new section:

``SEC. 45J. ENERGY EFFICIENT APPLIANCE CREDIT.

    ``(a) General Rule.--
            ``(1) In general.--For purposes of section 38, the energy 
        efficient appliance credit determined under this section for 
        the taxable year is an amount equal to the sum of the credit 
        amounts determined for each type of qualified energy efficient 
        appliance.
            ``(2) Credit amounts.--The credit amount determined for a 
        type of qualified energy efficient appliance is the sum of--
                    ``(A) the applicable amount determined under 
                subsection (b) with respect to a qualified energy 
                efficient appliance, multiplied by
                    ``(B) the number of such appliances produced by the 
                taxpayer in the United States during the calendar year 
                ending with or within the taxable year.
    ``(b) Applicable Amount; Eligible Production.--For purposes of 
subsection (a)--
            ``(1) Applicable amount.--
                    ``(A) In general.--The applicable amount determined 
                under this subsection is the amount determined under 
                the following table:


 
``Qualified Energy Efficient  Produced in calendar year--   Applicable
          Appliance                                         amount is--
------------------------------------------------------------------------
Clothes washer with at least  2005                                   $50
 1.42 MEF.
Clothes washer with MEF at    2005, 2006, or 2007                   $100
 least Energy Star level in
 effect in 2007.
Clothes washer with MEF at    2008, 2009, or 2010                   $150
 least Energy Star level in
 effect in 2010.
Dishwasher with EF at least   2006, 2007, 2008, or 2009              $75
 Energy Star level in effect
 in 2007.
Refrigerator consuming at     2005 or 2006                          $100
 least 15 percent less
 kilowatt hours per year
 than 2001 energy
 conservation standard.
Refrigerator consuming at     2005, 2006, 2007, 2008, or            $150
 least 20 percent less         2009
 kilowatt hours per year
 than 2001 energy
 conservation standard.
Refrigerator consuming at     2010                                  $150
 least 25 percent less
 kilowatt hours per year
 than 2001 energy
 conservation standard.
------------------------------------------------------------------------

                    ``(B) Other appliances.--In the case of any 
                appliance not described in the table in subparagraph 
                (A), the applicable amount shall be zero.
            ``(2) Eligible production.--
                    ``(A) In general.--The eligible production in a 
                calendar year with respect to each type of energy 
                efficient appliance described in the table in paragraph 
                (1) is the excess of--
                            ``(i) the number of appliances of such type 
                        which meet the energy efficiency described for 
                        such type in the table in paragraph (1) and 
                        which are produced by the taxpayer during such 
                        calendar year, over
                            ``(ii) the average number of appliances of 
                        such type which meet the energy efficiency 
                        described for such type in the table in 
                        paragraph (1) and which were produced by the 
                        taxpayer (or any predecessor) during the 
                        preceding 3-calendar year period.
                    ``(B) Special rule for 2005 production.--For 
                purposes of determining eligible production for 
                calendar year 2005--
                            ``(i) only production after the date of 
                        enactment of this section shall be taken into 
                        account under subparagraph (A)(i), and
                            ``(ii) the amount taken into account under 
                        subparagraph (A)(ii) shall be an amount which 
                        bears the same ratio to the amount which would 
                        (but for this subparagraph) be taken into 
                        account under subparagraph (A)(ii) as--
                                    ``(I) the number of days in 
                                calendar year 2005 after the date of 
                                enactment of this section, bears to
                                    ``(II) 365.
    ``(c) Limitations.--
            ``(1) Aggregate credit amount allowed.--The aggregate 
        amount of credit allowed under subsection (a) with respect to a 
        taxpayer for all taxable years shall not exceed $75,000,000, 
        reduced by the amount of the credit allowed under subsection 
        (a) to the taxpayer (or any predecessor) for any prior taxable 
        year.
            ``(2) Amount allowed for certain appliances.--
                    ``(A) In general.--In the case of appliances 
                described in subparagraph (B), the aggregate amount of 
                the credit allowed under subsection (a) with respect to 
                a taxpayer for all taxable years shall not exceed 
                $35,000,000, reduced by the amount of the credit 
                allowed under subsection (a) to the taxpayer (or any 
                predecessor) for any prior taxable year with respect to 
                such appliances.
                    ``(B) Appliances described.--The appliances 
                described in this subparagraph are--
                            ``(i) clothes washers with at least a 1.42 
                        MEF, as described in the table in subsection 
                        (b)(1),
                            ``(ii) refrigerators which consume at least 
                        15 percent less kilowatt hours per year than 
                        applicable energy conservation standards, as 
                        described in such table, and
                            ``(iii) dishwashers described in such 
                        table.
            ``(3) Limitation based on gross receipts.--The credit 
        allowed under subsection (a) with respect to a taxpayer for the 
        taxable year shall not exceed an amount equal to 2 percent of 
        the average annual gross receipts of the taxpayer for the 3 
        taxable years preceding the taxable year in which the credit is 
        determined.
            ``(4) Gross receipts.--For purposes of this subsection, the 
        rules of paragraphs (2) and (3) of section 448(c) shall apply.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified energy efficient appliance.--The term 
        `qualified energy efficient appliance' means an appliance 
        described in the table in subsection (b)(1).
            ``(2) Clothes washer.--The term `clothes washer' means a 
        residential model clothes washer, including a residential style 
        coin operated washer.
            ``(3) Refrigerator.--The term `refrigerator' means a 
        residential model automatic defrost refrigerator-freezer which 
        has an internal volume of at least 16.5 cubic feet.
            ``(4) Dishwasher.--The term `dishwasher' means a 
        residential dishwasher subject to the energy conservation 
        standards established by the Department of Energy.
            ``(5) MEF.--The term `MEF' means the modified energy 
        factor, as determined by the Secretary of Energy.
            ``(6) Energy factor.--The term `EF' means the energy factor 
        established by the Department of Energy for compliance with the 
        Federal energy conservation standards.
            ``(7) Produced.--The term `produced' includes manufactured.
            ``(8) 2001 energy conservation standard.--The term `2001 
        energy conservation standard' means the energy conservation 
        standards promulgated by the Department of Energy and effective 
        July 1, 2001.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) In general.--Rules similar to the rules of 
        subsections (c), (d), and (e) of section 52 shall apply.
            ``(2) Controlled group.--
                    ``(A) In general.--All persons treated as a single 
                employer under subsection (a) or (b) of section 52 or 
                subsection (m) or (o) of section 414 shall be treated 
                as a single producer.
                    ``(B) Inclusion of foreign corporations.--For 
                purposes of subparagraph (A), in applying subsections 
                (a) and (b) of section 52 to this section, section 1563 
                shall be applied without regard to subsection (b)(2)(C) 
                thereof.
            ``(3) Verification.--No amount shall be allowed as a credit 
        under subsection (a) with respect to which the the taxpayer has 
        not submitted such information or certification as the 
        Secretary, in consultation with the Secretary of Energy, 
        determines necessary.''.
    (b) Conforming Amendment.--Section 38(b) of the Internal Revenue 
Code of 1986 (relating to general business credit) is amended by 
striking ``plus'' at the end of paragraph (18), by striking the period 
at the end of paragraph (19) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(20) the energy efficient appliance credit determined 
        under section 45J(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by adding at the end the following new item:

``Sec. 45J. Energy efficient appliance credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to appliances produced after December 31, 2004, in taxable years 
ending after such date.

Resource Efficient Appliance Incentives Act of 2005 - Amends the Internal Revenue Code to allow a business tax credit for the production of certain household appliances (clothes washers, dishwashers, and refrigerators) with a specified energy efficiency rating. Imposes an aggregate limitation of $75 million on such credit for all taxable years ($35 million for certain other appliances), and an annual limitation based on taxpayer gross receipts (two percent of taxpayer average annual gross receipts for the three previous taxable years).