[Congressional Record Volume 149, Number 20 (Tuesday, February 4, 2003)]
[Senate]
[Pages S1872-S1910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. THOMAS (for himself and Mr. Enzi):
  S. 273. A bill to provide for the expeditious completion of the 
acquistion of land owned by the State of Wyoming within the boundaries 
of Grand Teton National Park, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. THOMAS. Mr. President, I am pleased to introduce a bill today to 
authorize the exchange of State lands inside Grand Teton National Park.
  Grand Teton National Park was established by Congress on February 29, 
1929, to protect the natural resources of the Teton range and recognize 
the Jackson area's unique beauty. On March 15, 1943, President Franklin 
Delano Roosevelt established the Jackson Hole National Monument 
adjacent to the park. Congress expanded the Park on September 14, 1950, 
by including a portion of the lands from the Jackson Hold National 
Monument. The park currently encompasses approximately 310,000 acres of 
wilderness and has some of the most amazing mountain scenery anywhere 
in our country. This park has become an extremely important element of 
the National Park system, drawing almost 2.7 million visitors in 1999.
  When Wyoming became a State in 1890, sections of land were set aside 
for school revenue purposes. All income from these lands--rents, 
grazing fees, sales or other sources--is placed in a special trust fund 
for the benefit of students in the State. The establishment of these 
sections predates the creation of most national parks or monuments 
within our State boundaries, creating several State inholdings on 
federal land. The legislation I am introducing today would allow the 
Federal Government to remove the State school trust lands from Grand 
Teton National Park and allow the State to capture fair value for this 
property to benefit Wyoming school children.
  This bill, entitled the ``Grand Teton National Park Land Exchange 
Act,'' identifies approximately 1406 acres of State lands and mineral 
interests within the boundaries of Grand Teton National Park for 
exchange for Federal assets. These federal assets could include mineral 
royalties, appropriated dollars, Federal lands or combination of any of 
these elements.
  The bill also identifies an appraisal process for the State and 
Federal Government to determine a fair value of the State property 
located within the park boundaries. After the bill is signed into law, 
the land would be valued by one of the following methods: 1. the 
Interior Secretary and Governor would mutually agree on a qualified 
appraiser to conduct the appraisal of the State lands in the park; 2. 
If there is no agreement about the appraiser, the Interior Secretary 
and Governor would each designate a qualified appraiser. The two 
designated appraisers would select a third appraiser to perform the 
appraisal with the advice and assistance of the designated appraisers.
  If the Interior Secretary and Governor cannot agree on the 
evaluations of the State lands 180 days after the date of enactment, 
the Governor may petition the U.S. Court of Federal Claims to determine 
the final value. One-hundred-eighty days after the State land value is 
determined, the Interior Secretary, in consultation with the Governor, 
shall exchange Federal assets of equal value for the state lands.
  The management of our public lands and natural resources is often 
complicated and requires the coordination of many individuals to 
accomplish desired objectives. When western folks discuss federal land 
issues, we do not often have an opportunity to identify proposals that 
capture this type of consensus and enjoy the support from a wide array 
of interests; however, this land exchange offers just such a unique 
prospect.

[[Page S1873]]

  This legislation is needed to improve the management of Grand Teton 
National Park, by protecting the future of these unique lands against 
development pressures and allow the State of Wyoming to access their 
assets to address public school funding needs.
  This bill enjoys the support of many different groups including the 
National Park Service, the Wyoming Governor, State officials, as well 
as folks from the local community. During the 107th Congress the Senate 
passed this exact same legislation three separate times unanimously. 
Unfortunately, due to complications unrelated to the bill was not able 
to be sent to the President for signature and enactment. It is my hope 
that the Senate, and the Congress, will seize this opportunity to 
improve upon efforts to provide services to the American public.
  Mr. President, I ask unanimous consent that the text of the bill 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 273

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Grand Teton National Park 
     Land Exchange Act''.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) The term ``Federal lands'' means public lands as 
     defined in section 103(e) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1702(e)).
       (2) The term ``Governor'' means the Governor of the State 
     of Wyoming.
       (3) The term ``Secretary'' means the Secretary of the 
     Interior.
       (4) The term ``State lands'' means lands and interest in 
     lands owned by the State of Wyoming within the boundaries of 
     Grand Teton National Park as identified on a map titled 
     ``Private, State & County Inholdings Grand Teton National 
     Park'', dated March 2001, and numbered GTNP/0001.

     SEC. 3. ACQUISITION OF STATE LANDS.

       (a) The Secretary is authorized to acquire approximately 
     1,406 acres of State lands within the exterior boundaries of 
     Grand Teton National Park, as generally depicted on the map 
     referenced in section 2(4), by any one or a combination of 
     the following--
       (1) donation;
       (2) purchase with donated or appropriated funds; or
       (3) exchange of Federal lands in the State of Wyoming that 
     are identified for disposal under approved land use plans in 
     effect on the date of enactment of this Act under section 
     202 of the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1712) and are of equal value to the State lands 
     acquired in the exchange.
       (b) In the event that the Secretary or the Governor 
     determines that the Federal lands eligible for exchange under 
     subsection (a)(3) are not sufficient or acceptable for the 
     acquisition of all the State lands identified in section 
     2(4), the Secretary shall identify other Federal lands or 
     interests therein in the State of Wyoming for possible 
     exchange and shall identify such lands or interests together 
     with their estimated value in a report to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the House of Representatives. 
     Such lands or interests shall not be available for exchange 
     unless authorized by an Act of Congress enacted after the 
     date of submission of the report.

     SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS.

       (a) Agreement on Appraiser.--If the Secretary and the 
     Governor are unable to agree on the value of any Federal 
     lands eligible for exchange under section 3(a)(3) or State 
     lands, then the Secretary and the Governor may select a 
     qualified appraiser to conduct an appraisal of those lands. 
     The purchase or exchange under section 3(a) shall be 
     conducted based on the values determined by the appraisal.
       (b) No Agreement on Appraiser.--If the Secretary and the 
     Governor are unable to agree on the selection of a qualified 
     appraiser under subsection (a), then the Secretary and the 
     Governor shall each designate a qualified appraiser. The two 
     designated appraisers shall select a qualified third 
     appraiser to conduct the appraisal with the advice and 
     assistance of the two designated appraisers. The purchase or 
     exchange under section 3(a) shall be conducted based on the 
     values determined by the appraisal.
       (c) Appraisal Costs.--The Secretary and the State of 
     Wyoming shall each pay one-half of the appraisal costs under 
     subsections (a) and (b).

     SEC. 5. ADMINISTRATION OF STATE LANDS ACQUIRED BY THE UNITED 
                   STATES.

       The State lands conveyed to the United States under section 
     3(a) shall become part of Grand Teton National Park. The 
     Secretary shall manage such lands under the Act of August 25, 
     1916 (commonly known as the ``National Park Service Organic 
     Act'') and other laws, rules, and regulations applicable to 
     Grand Teton National Park.

     SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary for the purposes of this Act.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Kohl, Mr. Hatch, Mr. Carper, 
        Mr. Specter, Mr. Miller, Mr. Chafee, and Mr. Lugar):
  S. 274. A bill to amend the procedures that apply to consideration of 
interstate class actions to assure fairer outcomes for class members 
and defendants, and for other purposes; to the Committee on the 
Judiciary.
  Mr. GRASSLEY. Mr. President, I rise today to introduce The Class 
Action Fairness Act of 2003, a bill that will help curb class action 
lawsuit abuse. For the last several Congresses, Senators Kohl, Hatch 
and others have joined me in introducing this important measure. Over 
the years, we have held several hearings on the numerous abuses of the 
class action system and the urgent need for reform. The Senate 
Judiciary Committee marked up and reported a similar class action bill 
in the 106th Congress, and in the 107th Congress the Judiciary 
Committee held a hearing on class action abuse. This bi-partisan bill 
has garnered increasing support over the years, and I look forward to 
even greater support in this Congress.
  Abuses of the class action system abound. Specifically, class action 
cases have proven to be an easy way for attorneys to make millions of 
dollars while the plaintiff class members receive little or nothing of 
value. We all are familiar with the many class action lawsuits where 
plaintiffs were awarded nothing or coupons of limited value, while the 
lawyers got all the money in attorney's fees. Everyone of us has found 
ourselves to have been a potential member of a plaintiff class in a 
class action lawsuit, and for those of us who are not lawyers, it has 
been impossible to know what our rights are or whether we are being 
served the attorneys we never hired in the first place.
  In addition, most class action lawsuits are being filed in state 
courts, even though these are usually the cases that involve the most 
money, have nationwide implications, and implicate citizens from all 50 
States. Lawyers often game the system so they can bring lawsuits in 
State courts, which are more likely to certify class actions without 
adequately considering whether a class action would be fair to all 
class members. In some instances, class lawyers manipulate pleadings to 
avoid removal of the lawsuit to the federal courts. To do this, lawyers 
may claim that their clients suffered under $75,000 in damages so that 
the Federal threshold isn't triggered, even though their clients may 
have suffered an even greater injury. Class lawyers also sometimes 
defeat the complete diversity requirement by ensuring that at least one 
named class member is from the same state as a defendant, even if every 
other class member is from a different state.
  The Class Action Fairness Act of 2003 will go a long way toward 
ending some of these abuses. This modest bill carefully fixes the more 
egregious problems with the class action system, while preserving class 
action lawsuits as an important tool which brings representation to the 
unrepresented.
  First, our bill requires that notice of proposed settlements in all 
class actions, as well as all class notices, must be in clear, easily 
understood English and must include all material settlement terms, 
including amount and source of attorneys' fees. The notices most 
plaintiffs receive are written in small print and confusing legal 
jargon. In fact, a lawyer testified before my Subcommittee that even he 
could not understand the notice he received as a plaintiff in a class 
action lawsuit. Since plaintiffs are giving up their right to sue, it 
is imperative that they understand what they are doing and the 
ramifications of their actions.

  Second, our bill requires that State attorneys general be notified of 
any proposed class settlement that would affect residents of their 
States. The notice would give a State attorney general the opportunity 
to object if the settlement terms are unfair to consumers.
  Third, our bill disallows bounty payments to lead plaintiffs so 
lawyers looking for victims can't promise them unwarranted payoffs to 
be their excuse

[[Page S1874]]

for filing suit. It also prevents settlements that discriminate based 
on geography, so that one plaintiff doesn't receive more money just 
because he lives near the courthouse.
  Fourth, our bill requires that courts scrutinize settlements where 
the plaintiffs get only coupons or non-cash awards, and the lawyers get 
money. The courts are required to make a written finding that the 
settlement is fair and reasonable for class members. A court will still 
be able to find that a non-cash settlement, like in the case of 
injunctive relief banning some type of bad conduct, is fair and 
reasonable. But courts would be able to throw out sham settlements 
where the lawyers get big paychecks but the plaintiffs get nothing but 
coupons.
  Finally, our bill allows more class action lawsuits to be removed 
from state court to federal court, either by a defendant or an unnamed 
class member. A class action would qualify for federal jurisdiction if 
the total damages exceed $2,000,000 and parties include citizens from 
multiple States. Currently, class lawyers can avoid removal if 
individual claims are for $75,000 or less, even if hundreds of millions 
of dollars in total are at stake, or if just one class member is from 
the same State as a defendant. But if a case really belongs in state 
court because it's a State-law question or the substantial majority of 
class members and defendants are in-State, the case will stay in state 
court.
  We need class action reform badly. Both plaintiffs and defendants are 
calling for change in this area. The Class Action Fairness Act of 2003 
is a good, modest bill that will help curb the many problems that have 
plagued the class action system.
  This bill will remove the conflict of interest that lawyers face in 
class action lawsuits, and will ensure the fair settlement of these 
cases. This bill will preserve the process, but put a stop to the more 
egregious abuses. I urge all my colleagues to join Senators Kohl, 
Hatch, Carper, Specter, Chafee, Lugar, Miller and I in supporting this 
important legislation.
  Mr. President I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 274

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; REFERENCE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Class 
     Action Fairness Act of 2003''.
       (b) Reference.--Whenever in this Act reference is made to 
     an amendment to, or repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 28, United States Code.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

 Sec. 1. Short title; reference; table of contents.
 Sec. 2. Findings and purposes.
 Sec. 3. Consumer class action bill of rights and improved procedures 
              for interstate class actions.
 Sec. 4. Federal district court jurisdiction for interstate class 
              actions.
 Sec. 5. Removal of interstate class actions to Federal district court.
 Sec. 6. Report on class action settlements.
 Sec. 7. Effective date.

      SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) Class action lawsuits are an important and valuable 
     part of the legal system when they permit the fair and 
     efficient resolution of legitimate claims of numerous parties 
     by allowing the claims to be aggregated into a single action 
     against a defendant that has allegedly caused harm.
       (2) Over the past decade, there have been abuses of the 
     class action device that have--
       (A) harmed class members with legitimate claims and 
     defendants that have acted responsibly;
       (B) adversely affected interstate commerce; and
       (C) undermined public respect for our judicial system.
       (3) Class members often receive little or no benefit from 
     class actions, and are sometimes harmed, such as where--
       (A) counsel are awarded large fees, while leaving class 
     members with coupons or other awards of little or no value;
       (B) unjustified awards are made to certain plaintiffs at 
     the expense of other class members; and
       (C) confusing notices are published that prevent class 
     members from being able to fully understand and effectively 
     exercise their rights.
       (4) Abuses in class actions undermine the national judicial 
     system, the free flow of interstate commerce, and the concept 
     of diversity jurisdiction as intended by the framers of the 
     United States Constitution, in that State and local courts 
     are--
       (A) keeping cases of national importance out of Federal 
     court;
       (B) sometimes acting in ways that demonstrate bias against 
     out-of-State defendants; and
       (C) making judgments that impose their view of the law on 
     other States and bind the rights of the residents of those 
     States.
       (b) Purposes.--The purposes of this Act are to--
       (1) assure fair and prompt recoveries for class members 
     with legitimate claims;
       (2) restore the intent of the framers of the United States 
     Constitution by providing for Federal court consideration of 
     interstate cases of national importance under diversity 
     jurisdiction; and
       (3) benefit society by encouraging innovation and lowering 
     consumer prices.

      SEC. 3. CONSUMER CLASS ACTION BILL OF RIGHTS AND IMPROVED 
                   PROCEDURES FOR INTERSTATE CLASS ACTIONS.

       (a) In General.--Part V is amended by inserting after 
     chapter 113 the following:

                      ``CHAPTER 114--CLASS ACTIONS

``Sec.
``1711. Definitions.
``1712. Judicial scrutiny of coupon and other noncash settlements.
``1713. Protection against loss by class members.
``1714. Protection against discrimination based on geographic location.
``1715. Prohibition on the payment of bounties.
``1716. Clearer and simpler settlement information.
``1717. Notifications to appropriate Federal and State officials.

     ``Sec. 1711. Definitions

       ``In this chapter:
       ``(1) Class.--The term `class' means all of the class 
     members in a class action.
       ``(2) Class action.--The term `class action' means any 
     civil action filed in a district court of the United States 
     under rule 23 of the Federal Rules of Civil Procedure or any 
     civil action that is removed to a district court of the 
     United States that was originally filed under a State statute 
     or rule of judicial procedure authorizing an action to be 
     brought by 1 or more representatives as a class action.
       ``(3) Class counsel.--The term `class counsel' means the 
     persons who serve as the attorneys for the class members in a 
     proposed or certified class action.
       ``(4) Class members.--The term `class members' means the 
     persons (named or unnamed) who fall within the definition of 
     the proposed or certified class in a class action.
       ``(5) Plaintiff class action.--The term `plaintiff class 
     action' means a class action in which class members are 
     plaintiffs.
       ``(6) Proposed settlement.--The term `proposed settlement' 
     means an agreement regarding a class action that is subject 
     to court approval and that, if approved, would be binding on 
     some or all class members.

     ``Sec. 1712. Judicial scrutiny of coupon and other noncash 
       settlements

       ``The court may approve a proposed settlement under which 
     the class members would receive noncash benefits or would 
     otherwise be required to expend funds in order to obtain part 
     or all of the proposed benefits only after a hearing to 
     determine whether, and making a written finding that, the 
     settlement is fair, reasonable, and adequate for class 
     members.

     ``Sec. 1713. Protection against loss by class members

       ``The court may approve a proposed settlement under which 
     any class member is obligated to pay sums to class counsel 
     that would result in a net loss to the class member only if 
     the court makes a written finding that nonmonetary benefits 
     to the class member substantially outweigh the monetary loss.

     ``Sec. 1714. Protection against discrimination based on 
       geographic location

       ``The court may not approve a proposed settlement that 
     provides for the payment of greater sums to some class 
     members than to others solely on the basis that the class 
     members to whom the greater sums are to be paid are located 
     in closer geographic proximity to the court.

     ``Sec. 1715. Prohibition on the payment of bounties

       ``(a) In General.--The court may not approve a proposed 
     settlement that provides for the payment of a greater share 
     of the award to a class representative serving on behalf of a 
     class, on the basis of the formula for distribution to all 
     other class members, than that awarded to the other class 
     members.
       ``(b) Rule of Construction.--The limitation in subsection 
     (a) shall not be construed to prohibit a payment approved by 
     the court for reasonable time or costs that a person was 
     required to expend in fulfilling the obligations of that 
     person as a class representative.

     ``Sec. 1716. Clearer and simpler settlement information

       ``(a) Plain English Requirements.--Any court with 
     jurisdiction over a plaintiff class action shall require that 
     any written notice concerning a proposed settlement of the 
     class action provided to the class through

[[Page S1875]]

     the mail or publication in printed media contain--
       ``(1) at the beginning of such notice, a statement in 18-
     point or greater bold type, stating `LEGAL NOTICE: YOU ARE A 
     PLAINTIFF IN A CLASS ACTION LAWSUIT AND YOUR LEGAL RIGHTS ARE 
     AFFECTED BY THE SETTLEMENT DESCRIBED IN THIS NOTICE.';
       ``(2) a short summary written in plain, easily understood 
     language, describing--
       ``(A) the subject matter of the class action;
       ``(B) the members of the class;
       ``(C) the legal consequences of being a member of the class 
     action;
       ``(D) if the notice is informing class members of a 
     proposed settlement agreement--
       ``(i) the benefits that will accrue to the class due to the 
     settlement;
       ``(ii) the rights that class members will lose or waive 
     through the settlement;
       ``(iii) obligations that will be imposed on the defendants 
     by the settlement;
       ``(iv) the dollar amount of any attorney's fee class 
     counsel will be seeking, or if not possible, a good faith 
     estimate of the dollar amount of any attorney's fee class 
     counsel will be seeking; and
       ``(v) an explanation of how any attorney's fee will be 
     calculated and funded; and
       ``(E) any other material matter.
       ``(b) Tabular Format.--Any court with jurisdiction over a 
     plaintiff class action shall require that the information 
     described in subsection (a)--
       ``(1) be placed in a conspicuous and prominent location on 
     the notice;
       ``(2) contain clear and concise headings for each item of 
     information; and
       ``(3) provide a clear and concise form for stating each 
     item of information required to be disclosed under each 
     heading.
       ``(c) Television or Radio Notice.--Any notice provided 
     through television or radio (including transmissions by cable 
     or satellite) to inform the class members in a class action 
     of the right of each member to be excluded from a class 
     action or a proposed settlement, if such right exists, shall, 
     in plain, easily understood language--
       ``(1) describe the persons who may potentially become class 
     members in the class action; and
       ``(2) explain that the failure of a class member to 
     exercise his or her right to be excluded from a class action 
     will result in the person's inclusion in the class action.

     ``Sec. 1717. Notifications to appropriate Federal and State 
       officials

       ``(a) Definitions.--
       ``(1) Appropriate federal official.--In this section, the 
     term `appropriate Federal official' means--
       ``(A) the Attorney General of the United States; or
       ``(B) in any case in which the defendant is a Federal 
     depository institution, a State depository institution, a 
     depository institution holding company, a foreign bank, or a 
     nondepository institution subsidiary of the foregoing (as 
     such terms are defined in section 3 of the Federal Deposit 
     Insurance Act (12 U.S.C. 1813)), the person who has the 
     primary Federal regulatory or supervisory responsibility with 
     respect to the defendant, if some or all of the matters 
     alleged in the class action are subject to regulation or 
     supervision by that person.
       ``(2) Appropriate state official.--In this section, the 
     term `appropriate State official' means the person in the 
     State who has the primary regulatory or supervisory 
     responsibility with respect to the defendant, or who licenses 
     or otherwise authorizes the defendant to conduct business in 
     the State, if some or all of the matters alleged in the class 
     action are subject to regulation by that person. If there is 
     no primary regulator, supervisor, or licensing authority, or 
     the matters alleged in the class action are not subject to 
     regulation or supervision by that person, then the 
     appropriate State official shall be the State attorney 
     general.
       ``(b) In General.--Not later than 10 days after a proposed 
     settlement of a class action is filed in court, each 
     defendant that is participating in the proposed settlement 
     shall serve upon the appropriate State official of each State 
     in which a class member resides and the appropriate Federal 
     official, a notice of the proposed settlement consisting of--
       ``(1) a copy of the complaint and any materials filed with 
     the complaint and any amended complaints (except such 
     materials shall not be required to be served if such 
     materials are made electronically available through the 
     Internet and such service includes notice of how to 
     electronically access such material);
       ``(2) notice of any scheduled judicial hearing in the class 
     action;
       ``(3) any proposed or final notification to class members 
     of--
       ``(A)(i) the members' rights to request exclusion from the 
     class action; or
       ``(ii) if no right to request exclusion exists, a statement 
     that no such right exists; and
       ``(B) a proposed settlement of a class action;
       ``(4) any proposed or final class action settlement;
       ``(5) any settlement or other agreement contemporaneously 
     made between class counsel and counsel for the defendants;
       ``(6) any final judgment or notice of dismissal;
       ``(7)(A) if feasible, the names of class members who reside 
     in each State and the estimated proportionate share of the 
     claims of such members to the entire settlement to that 
     State's appropriate State official; or
       ``(B) if the provision of information under subparagraph 
     (A) is not feasible, a reasonable estimate of the number of 
     class members residing in each State and the estimated 
     proportionate share of the claims of such members to the 
     entire settlement; and
       ``(8) any written judicial opinion relating to the 
     materials described under subparagraphs (3) through (6).
       ``(c) Depository Institutions Notification.--
       ``(1) Federal and other depository institutions.--In any 
     case in which the defendant is a Federal depository 
     institution, a depository institution holding company, a 
     foreign bank, or a non-depository institution subsidiary of 
     the foregoing, the notice requirements of this section are 
     satisfied by serving the notice required under subsection (b) 
     upon the person who has the primary Federal regulatory or 
     supervisory responsibility with respect to the defendant, if 
     some or all of the matters alleged in the class action are 
     subject to regulation or supervision by that person.
       ``(2) State depository institutions.--In any case in which 
     the defendant is a State depository institution (as that term 
     is defined in section 3 of the Federal Deposit Insurance Act 
     (12 U.S.C. 1813)), the notice requirements of this section 
     are satisfied by serving the notice required under subsection 
     (b) upon the State bank supervisor (as that term is defined 
     in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 
     1813)) of the State in which the defendant is incorporated or 
     chartered, if some or all of the matters alleged in the class 
     action are subject to regulation or supervision by that 
     person, and upon the appropriate Federal official.
       ``(d) Final Approval.--An order giving final approval of a 
     proposed settlement may not be issued earlier than 90 days 
     after the later of the dates on which the appropriate Federal 
     official and the appropriate State official are served with 
     the notice required under subsection (b).
       ``(e) Noncompliance if Notice Not Provided.--
       ``(1) In general.--A class member may refuse to comply with 
     and may choose not to be bound by a settlement agreement or 
     consent decree in a class action if the class member 
     demonstrates that the notice required under subsection (b) 
     has not been provided.
       ``(2) Limitation.--A class member may not refuse to comply 
     with or to be bound by a settlement agreement or consent 
     decree under paragraph (1) if the notice required under 
     subsection (b) was directed to the appropriate Federal 
     official and to either the State attorney general or the 
     person that has primary regulatory, supervisory, or licensing 
     authority over the defendant.
       ``(3) Application of rights.--The rights created by this 
     subsection shall apply only to class members or any person 
     acting on a class member's behalf, and shall not be construed 
     to limit any other rights affecting a class member's 
     participation in the settlement.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed to expand the authority of, or impose any 
     obligations, duties, or responsibilities upon, Federal or 
     State officials.''.
       (b) Technical and Conforming Amendment.--The table of 
     chapters for part V is amended by inserting after the item 
     relating to chapter 113 the following:

``114. Class Actions........................................1711''.....

      SEC. 4. FEDERAL DISTRICT COURT JURISDICTION FOR INTERSTATE 
                   CLASS ACTIONS.

       (a) Application of Federal Diversity Jurisdiction.--Section 
     1332 is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d)(1) In this subsection--
       ``(A) the term `class' means all of the class members in a 
     class action;
       ``(B) the term `class action' means any civil action filed 
     under rule 23 of the Federal Rules of Civil Procedure or 
     similar State statute or rule of judicial procedure 
     authorizing an action to be brought by 1 or more 
     representative persons as a class action;
       ``(C) the term `class certification order' means an order 
     issued by a court approving the treatment of some or all 
     aspects of a civil action as a class action; and
       ``(D) the term `class members' means the persons (named or 
     unnamed) who fall within the definition of the proposed or 
     certified class in a class action.
       ``(2) The district courts shall have original jurisdiction 
     of any civil action in which the matter in controversy 
     exceeds the sum or value of $2,000,000, exclusive of interest 
     and costs, and is a class action in which--
       ``(A) any member of a class of plaintiffs is a citizen of a 
     State different from any defendant;
       ``(B) any member of a class of plaintiffs is a foreign 
     state or a citizen or subject of a foreign state and any 
     defendant is a citizen of a State; or
       ``(C) any member of a class of plaintiffs is a citizen of a 
     State and any defendant is a foreign state or a citizen or 
     subject of a foreign state.
       ``(3) Paragraph (2) shall not apply to any civil action in 
     which--
       ``(A)(i) the substantial majority of the members of the 
     proposed plaintiff class and the primary defendants are 
     citizens of the State in which the action was originally 
     filed; and

[[Page S1876]]

       ``(ii) the claims asserted therein will be governed 
     primarily by the laws of the State in which the action was 
     originally filed;
       ``(B) the primary defendants are States, State officials, 
     or other governmental entities against whom the district 
     court may be foreclosed from ordering relief; or
       ``(C) the number of members of all proposed plaintiff 
     classes in the aggregate is less than 100.
       ``(4) In any class action, the claims of the individual 
     class members shall be aggregated to determine whether the 
     matter in controversy exceeds the sum or value of $2,000,000, 
     exclusive of interest and costs.
       ``(5) This subsection shall apply to any class action 
     before or after the entry of a class certification order by 
     the court with respect to that action.
       ``(6)(A) A district court shall dismiss any civil action 
     that is subject to the jurisdiction of the court solely under 
     this subsection if the court determines the action may not 
     proceed as a class action based on a failure to satisfy the 
     prerequisites of rule 23 of the Federal Rules of Civil 
     Procedure.
       ``(B) Nothing in subparagraph (A) shall prohibit plaintiffs 
     from filing an amended class action in Federal court or 
     filing an action in State court, except that any such action 
     filed in State court may be removed to the appropriate 
     district court if it is an action of which the district 
     courts of the United States have original jurisdiction.
       ``(C) In any action that is dismissed under this paragraph 
     and is filed by any of the original named plaintiffs therein 
     in the same State court venue in which the dismissed action 
     was originally filed, the limitations periods on all 
     reasserted claims shall be deemed tolled for the period 
     during which the dismissed class action was pending. The 
     limitations periods on any claims that were asserted in a 
     class action dismissed under this paragraph that are 
     subsequently asserted in an individual action shall be deemed 
     tolled for the period during which the dismissed action was 
     pending.
       ``(7) Paragraph (2) shall not apply to any class action 
     that solely involves a claim--
       ``(A) concerning a covered security as defined under 
     16(f)(3) of the Securities Act of 1933 and section 
     28(f)(5)(E) of the Securities Exchange Act of 1934;
       ``(B) that relates to the internal affairs or governance of 
     a corporation or other form of business enterprise and that 
     arises under or by virtue of the laws of the State in which 
     such corporation or business enterprise is incorporated or 
     organized; or
       ``(C) that relates to the rights, duties (including 
     fiduciary duties), and obligations relating to or created by 
     or pursuant to any security (as defined under section 2(a)(1) 
     of the Securities Act of 1933 and the regulations issued 
     thereunder).
       ``(8) For purposes of this subsection and section 1453 of 
     this title, an unincorporated association shall be deemed to 
     be a citizen of the State where it has its principal place of 
     business and the State under whose laws it is organized.
       ``(9)(A) For purposes of this section and section 1453 of 
     this title, a civil action that is not otherwise a class 
     action as defined in paragraph (1)(B) shall nevertheless be 
     deemed a class action if--
       ``(i) the named plaintiff purports to act for the interests 
     of its members (who are not named parties to the action) or 
     for the interests of the general public, seeks a remedy of 
     damages, restitution, disgorgement, or any other form of 
     monetary relief, and is not a State attorney general; or
       ``(ii) monetary relief claims in the action are proposed to 
     be tried jointly in any respect with the claims of 100 or 
     more other persons on the ground that the claims involve 
     common questions of law or fact.
       ``(B)(i) In any civil action described under subparagraph 
     (A)(ii), the persons who allegedly were injured shall be 
     treated as members of a proposed plaintiff class and the 
     monetary relief that is sought shall be treated as the claims 
     of individual class members.
       ``(ii) Paragraphs (3) and (6) of this subsection and 
     subsections (b)(2) and (d) of section 1453 shall not apply to 
     any civil action described under subparagraph (A)(i).
       ``(iii) Paragraph (6) of this subsection, and subsections 
     (b)(2) and (d) of section 1453 shall not apply to any civil 
     action described under subparagraph (A)(ii).''.
       (b) Conforming Amendments.--
       (1) Section 1335 (a)(1) is amended by inserting ``(a) or 
     (d)'' after ``1332''.
       (2) Section 1603 (b)(3) is amended by striking ``(d)'' and 
     inserting ``(e)''.

      SEC. 5. REMOVAL OF INTERSTATE CLASS ACTIONS TO FEDERAL 
                   DISTRICT COURT.

       (a) In General.--Chapter 89 is amended by adding after 
     section 1452 the following:

     ``Sec. 1453. Removal of class actions

       ``(a) Definitions.--In this section, the terms `class', 
     `class action', `class certification order', and `class 
     member' shall have the meanings given such terms under 
     section 1332(d)(1).
       ``(b) In General.--A class action may be removed to a 
     district court of the United States in accordance with this 
     chapter, without regard to whether any defendant is a citizen 
     of the State in which the action is brought, except that such 
     action may be removed--
       ``(1) by any defendant without the consent of all 
     defendants; or
       ``(2) by any plaintiff class member who is not a named or 
     representative class member without the consent of all 
     members of such class.
       ``(c) When Removable.--This section shall apply to any 
     class action before or after the entry of a class 
     certification order in the action.
       ``(d) Procedure for Removal.--Section 1446 relating to a 
     defendant removing a case shall apply to a plaintiff removing 
     a case under this section, except that in the application of 
     subsection (b) of such section the requirement relating to 
     the 30-day filing period shall be met if a plaintiff class 
     member files notice of removal within 30 days after receipt 
     by such class member, through service or otherwise, of the 
     initial written notice of the class action.
       ``(e) Review of Orders Remanding Class Actions to State 
     Courts.--Section 1447 shall apply to any removal of a case 
     under this section, except that notwithstanding section 
     1447(d), an order remanding a class action to the State court 
     from which it was removed shall be reviewable by appeal or 
     otherwise.
       ``(f) Exception.--This section shall not apply to any class 
     action that solely involves--
       ``(1) a claim concerning a covered security as defined 
     under section 16(f)(3) of the Securities Act of 1933 and 
     section 28(f)(5)(E) of the Securities Exchange Act of 1934;
       ``(2) a claim that relates to the internal affairs or 
     governance of a corporation or other form of business 
     enterprise and arises under or by virtue of the laws of the 
     State in which such corporation or business enterprise is 
     incorporated or organized; or
       ``(3) a claim that relates to the rights, duties (including 
     fiduciary duties), and obligations relating to or created by 
     or pursuant to any security (as defined under section 2(a)(1) 
     of the Securities Act of 1933 and the regulations issued 
     thereunder).''.
       (b) Removal Limitation.--Section 1446(b) is amended in the 
     second sentence by inserting ``(a)'' after ``section 1332''.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 89 is amended by adding after the item 
     relating to section 1452 the following:

``1453. Removal of class actions.''.

     SEC. 6. REPORT ON CLASS ACTION SETTLEMENTS.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Judicial Conference of the United 
     States, with the assistance of the Director of the Federal 
     Judicial Center and the Director of the Administrative Office 
     of the United States Courts, shall prepare and transmit to 
     the Committees on the Judiciary of the Senate and the House 
     of Representatives a report on class action settlements.
       (b) Content.--The report under subsection (a) shall 
     contain--
       (1) recommendations on the best practices that courts can 
     use to ensure that proposed class action settlements are fair 
     to the class members that the settlements are supposed to 
     benefit;
       (2) recommendations on the best practices that courts can 
     use to ensure that--
       (A) the fees and expenses awarded to counsel in connection 
     with a class action settlement appropriately reflect the 
     extent to which counsel succeeded in obtaining full redress 
     for the injuries alleged and the time, expense, and risk that 
     counsel devoted to the litigation; and
       (B) the class members on whose behalf the settlement is 
     proposed are the primary beneficiaries of the settlement; and
       (3) the actions that the Judicial Conference of the United 
     States has taken and intends to take toward having the 
     Federal judiciary implement any or all of the recommendations 
     contained in the report.
       (c) Authority of Federal Courts.--Nothing in this section 
     shall be construed to alter the authority of the Federal 
     courts to supervise attorneys' fees.

     SEC. 7. EFFECTIVE DATE.

       The amendments made by this Act shall apply to any civil 
     action commenced on or after the date of enactment of this 
     Act.
  Mr. HATCH. Mr. President, today I rise to introduce, along with my 
colleagues Senators Grassley and Kohl, S. 274, the ``Class Action 
Fairness Act of 2003.''
  Over the past decade, it has become clear that abuses of the class 
action system have reached epidemic levels. In recent years, it has 
become equally clear that the ultimate victims of this epidemic are 
poorly-represented class members and individual consumers throughout 
the Nation. The Class Action Fairness Act of 2003 represents a modest, 
measured effort to remedy the plague of abuses, inconsistencies, and 
inefficiencies that infest our current system of class action 
litigation.
  It is essential that we address the abuses that are running rampant 
in our current class action litigation system. Frequently, plaintiff 
class members are not adequately informed of their rights or of the 
terms and practical implications of a proposed settlement. Too often 
judges approve settlements that primarily benefit the class counsel, 
rather than the class members. There are numerous examples of 
settlements where class members receive little or nothing, while 
attorneys receive millions of dollars in fees. Multiple class

[[Page S1877]]

action suits asserting the same claims on behalf of the same plaintiffs 
are routinely filed in different State courts, causing judicial 
inefficiencies and encouraging collusive settlement behavior. And State 
courts are more frequently certifying national classes leading to 
rulings that infringe upon or conflict with the established laws and 
policies of other states.
  Despite the mountains of evidence demonstrating the drastically 
increasing harms caused by class action abuses, I am sure that some 
will attempt to deny the existence of any problem at all. Others will 
try to confuse the issue with spurious claims that proposed reforms 
would somehow disadvantage victims with legitimate claims or further 
worsen class action abuses. Others may even contend that past 
legislative reforms have contributed to recent financial debacles and 
that the proposed reforms will encourage more. Such claims are nothing 
more than red herrings intended to divert the debate from the real 
issues.
  In this regard let me emphasize a few points regarding S. 274. First, 
this bill does not seek to eliminate State court class action 
litigation. Class action suits brought in State courts have proven in 
many contexts to be an effective and desirable tool for protecting 
civil and consumer rights. Nor do the reforms we will discuss today in 
any way diminish the rights or practical ability of victims to band 
together to pursue their claims against large corporations. In fact, we 
have included several consumer protection provisions in our legislation 
that I feel strongly will substantially improve plaintiffs' chances of 
achieving a fair result in any settlement proposal.
  There are three key components to S. 274. First, the bill implements 
consumer protections against abusive settlements by: No. 1. requiring 
simplified notices that explain to class members the terms of proposed 
class action settlements and their rights with respect to the proposed 
settlement in ``plain English''; No. 2. enhancing judicial scrutiny of 
coupon settlements; No. 3. providing a standard for judicial approval 
of settlements that would result in a net monetary loss to plaintiffs; 
No. 4. prohibiting ``bounties'' to class representatives; and No. 5. 
prohibiting settlements that favor class members based upon geographic 
proximity to the courthouse.
  Second, the bill requires that notice of class action settlements be 
sent to appropriate State and Federal authorities to provide them with 
sufficient information to determine whether the settlement is in the 
best interest of the citizens they represent.
  Finally, the bill amends the diversity-of-citizenship jurisdiction 
statute to allow large interstate class actions to be adjudicated in 
Federal court by granting jurisdiction in class actions where there is 
``minimal diversity'' and the aggregate amount in controversy among all 
class members exceeds $2 million.
  Although some critics have argued that this amendment to diversity 
jurisdiction somehow violates the principles of federalism or is 
inconsistent with the Constitution, I fully agree with Mr. Walter 
Dellinger, former Solicitor General, who testified at our Judiciary 
Committee hearing last fall, that it is ``difficult to understand any 
objection to the goal of bringing to the federal court cases of genuine 
national importance that fall clearly within the jurisdiction conferred 
on those courts by Article III of the Constitution.''
  Last, I would like to express my appreciation to the many individuals 
who have shared with me the details of their experiences with class 
action litigation. In particular, I am grateful to those victims of 
various abuses of the current system who have come forward and told 
their stories in the hope that something positive might come out of 
their terrible experiences.
  Among those who have come forward is Irene Taylor of Tyler, TX, who 
was bilked out of approximately $20,000 in a telemarketing scam that 
defrauded senior citizens out of more than $200 million. In a class 
action brought in Madison County, IL, the attorneys purportedly 
representing Mrs. Taylor negotiated a proposed settlement which will 
exclude her from any recovery whatsoever.
  Martha Preston of Baraboo, WI, provides another excellent example. 
Ms. Preston was involved in the famous BancBoston case, brought in 
Alabama State court, which involved the bank's failure to post interest 
to mortgage escrow accounts in a prompt manner. Although Ms. Preston 
did receive a settlement of about $4, approximately $95 was deducted 
from her account to help pay the class counsel's legal fees of $8.5 
million. Notably, Ms. Preston testified before my committee 5 years ago 
asking us to stop these abusive class action lawsuits, but it appears 
that, at least thus far, her plea has not been heard.
  I urge my colleagues to support this modest effort to reform the 
abuses in the current system, abuses that are actually hurting those 
the system is supposed to help.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Dorgan):
  S. 275. A bill to amend the Professional Boxing Safety Act of 1996, 
and to establish the United States Boxing Administration; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, today, I am joined by my colleague, 
Senator Dorgan, in introducing the Professional Boxing Amendments Act 
of 2003. This legislation is designed to strengthen existing Federal 
boxing laws by making uniform certain health and safety standards, 
establish a centralized medical registry to be used by local 
commissions to protect boxers, reduce arbitrary practices of 
sanctioning organizations, and provide uniformity in ranking criteria 
and contractual guidelines. This legislation also would establish a 
Federal regulatory entity to oversee professional boxing and set 
uniform standards for certain aspects of the sport.
  Since 1996, Congress has acted to improve the sport of boxing by 
passing two laws, the Professional Boxing Safety Act of 1996, and the 
Muhammad Ali Boxing Reform Act of 2000. These laws were intended to 
establish uniform standards to improve the health and safety of boxers, 
and to better protect them from the sometimes coercive, exploitative, 
and unethical business practices of promoters, managers, and 
sanctioning organizations.
  While the Professional Boxing Safety Act, as amended by the Muhammad 
Ali Act, has had some positive effects on the sport, I am concerned by 
the repeated failure of some State and tribal boxing commissions to 
comply with the law, and the lack of enforcement of the law by both 
Federal and State law enforcement officials. Corruption remains endemic 
in professional boxing, and the sport continues to be beset with a 
variety of problems, some beyond the scope of the current system of 
local regulation.
  Therefore, the bill we are introducing today would further strengthen 
Federal boxing laws, and also create a Federal regulatory entity, the 
``United States Boxing Administration'', USBA, to oversee the sport. 
The USBA would be headed by an Administrator, appointed by the 
President, with the advice and consent of the Senate.
  The primary functions of the USBA would be to protect the health, 
safety, and general interests of boxers. More specifically, the USBA 
would, among other things: administer Federal boxing laws and 
coordinate with other federal regulatory agencies to ensure that these 
laws are enforced; oversee all professional boxing matches in the 
United States; and work with the boxing industry and local commissions 
to improve the status and standards of the sport. The USBA would 
license boxers, promoters, managers, and sanctioning organizations, and 
revoke or suspend such licenses if the USBA believes that such action 
is in the public interest. No longer would a boxer be able to forum-
shop for a state with a weak commission if he or she is undeserving of 
a license.
  Under this legislative proposal, the fines collected and licensing 
fees imposed by the USBA would be used to fund a percentage of its 
activities. The USBA also would maintain a centralized database of 
medical and statistical information pertaining to boxers in the United 
States that would be used confidentially by local commissions in making 
licensing decisions.
  Let me be clear. The USBA would not be intended to micro-manage 
boxing by interfering with the daily operations of local boxing 
commissions. Instead, the USBA would work in consultation with local 
commissions, and the USBA Administrator would only exercise his/her

[[Page S1878]]

authority should reasonable grounds exist for intervention.
  The problems that plague the sport of professional boxing compromise 
the safety of boxers and undermine the credibility of the sport in the 
eyes of the public. I believe this bill provides a realistic approach 
to curbing these problems, and I urge my colleagues to support it.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 275

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Professional Boxing Amendments Act of 2003''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Professional Boxing Safety Act of 1996.
Sec. 3. Definitions.
Sec. 4. Purposes.
Sec. 5. USBA approval, or ABC or commission sanction, required for 
              matches.
Sec. 6. Safety standards.
Sec. 7. Registration.
Sec. 8. Review.
Sec. 9. Reporting.
Sec. 10. Contract requirements.
Sec. 11. Coercive contracts.
Sec. 12. Sanctioning organizations.
Sec. 13. Required disclosures by sanctioning organizations.
Sec. 14. Required disclosures by promoters.
Sec. 15. Judges and referees.
Sec. 16. Medical registry.
Sec. 17. Conflicts of interest.
Sec. 18. Enforcement.
Sec. 19. Repeal of deadwood.
Sec. 20. Recognition of tribal law.
Sec. 21. Establishment of United States Boxing Administration.
Sec. 22. Effective date.

     SEC. 2. AMENDMENT OF PROFESSIONAL BOXING SAFETY ACT OF 1996.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Professional Boxing Safety Act of 1996 
     (15 U.S.C. 6301 et seq.).

     SEC. 3. DEFINITIONS.

       (a) In General.--Section 2 (15 U.S.C. 6301) is amended to 
     read as follows:

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) Administration.--The term `Administration' means the 
     United States Boxing Administration.
       ``(2) Bout agreement.--The term `bout agreement' means a 
     contract between a promoter and a boxer which requires the 
     boxer to participate in a professional boxing match with a 
     designated opponent on a particular date.
       ``(3) Boxer.--The term `boxer' means an individual who 
     fights in a professional boxing match.
       ``(4) Boxing commission.--The term `boxing commission' 
     means an entity authorized under State or tribal law to 
     regulate professional boxing matches.
       ``(5) Boxer registry.--The term `boxer registry' means any 
     entity certified by the Association of Boxing Commissions for 
     the purposes of maintaining records and identification of 
     boxers.
       ``(6) Boxing service provider.--The term `boxing service 
     provider' means a promoter, manager, sanctioning body, 
     licensee, or matchmaker.
       ``(7) Contract provision.--The term `contract provision' 
     means any legal obligation between a boxer and a boxing 
     service provider.
       ``(8) Indian lands; indian tribe.--The terms `Indian lands' 
     and `Indian tribe' have the meanings given those terms by 
     paragraphs (4) and (5), respectively, of section 4 of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2703).
       ``(9) Licensee.--The term `licensee' means an individual 
     who serves as a trainer, second, or cut man for a boxer.
       ``(10) Local boxing authority.--The term `local boxing 
     authority' means--
       ``(A) any agency of a State, or of a political subdivision 
     of a State, that has authority under the laws of the State to 
     regulate professional boxing; and
       ``(B) any agency of an Indian tribe that is authorized by 
     the Indian tribe or the governing body of the Indian tribe to 
     regulate professional boxing on Indian lands.
       ``(11) Manager.--The term `manager' means a person who, 
     under contract, agreement, or other arrangement with a boxer, 
     undertakes to control or administer, directly or indirectly, 
     a boxing-related matter on behalf of that boxer, including a 
     person who is a booking agent for a boxer.
       ``(12) Matchmaker.--The term `matchmaker' means a person 
     that proposes, selects, and arranges the boxers to 
     participate in a professional boxing match.
       ``(13) Physician.--The term `physician' means a doctor of 
     medicine legally authorized to practice medicine by the State 
     in which the physician performs such function or action.
       ``(14) Professional boxing match.--The term `professional 
     boxing match' means a boxing contest held in the United 
     States between individuals for financial compensation. The 
     term `professional boxing match' does not include a boxing 
     contest that is regulated by a duly recognized amateur sports 
     organization, as approved by the Administration.
       ``(15) Promoter.--
       ``(A) In general.--The term `promoter' means the person 
     responsible for organizing, promoting, and producing a 
     professional boxing match.
       ``(B) Non-application to certain entities.--The term 
     `promoter' does not include a premium or other cable or 
     satellite program service, hotel, casino, resort, or other 
     commercial establishment hosting or sponsoring a professional 
     boxing match unless it--
       ``(i) is responsible for organizing, promoting, and 
     producing the match; and
       ``(ii) has a promotional agreement with a boxer in that 
     match.
       ``(C) Entities engaging in promotional activities through 
     an affiliate.--Notwithstanding subparagraph (B), an entity 
     described in that subparagraph shall be considered to be a 
     promoter if the person responsible for organizing, promoting, 
     and producing a professional boxing match--
       ``(i) is directly or indirectly under the control of, under 
     common control with, or acting at the direction of that 
     entity; and
       ``(ii) organizes, promotes, and produces the match at the 
     direction or request of the entity.
       ``(16) Promotional agreement.--The term `promotional 
     agreement' means a contract between a any person and a boxer 
     under which the boxer grants to that person the right to 
     secure and arrange all professional boxing matches requiring 
     the boxer's services for--
       ``(A) a prescribed period of time; or
       ``(B) a prescribed number of professional boxing matches.
       ``(17) State.--The term `State' means each of the 50 
     States, Puerto Rico, the District of Columbia, and any 
     territory or possession of the United States, including the 
     Virgin Islands.
       ``(18) Effective date of the contract.--The term `effective 
     date of the contract' means the day upon which a boxer 
     becomes legally bound by the contract.
       ``(19) Sanctioning organization.--The term `sanctioning 
     organization' means an organization, other than a boxing 
     commission, that sanctions professional boxing matches, ranks 
     professional boxers, or charges a sanctioning fee for 
     professional boxing matches in the United States--
       ``(A) between boxers who are residents of different States; 
     or
       ``(B) that are advertised, otherwise promoted, or broadcast 
     (including closed circuit television) in interstate commerce.
       ``(20) Suspension.--The term `suspension' includes within 
     its meaning the revocation of a boxing license.
       ``(21) Tribal organization.--The term `tribal organization' 
     has the same meaning as in section 4(l) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).''.
       (b) Conforming Amendment.--Section 21 (15 U.S.C. 6312) is 
     amended to read as follows:

     ``SEC. 21. PROFESSIONAL BOXING MATCHES CONDUCTED ON INDIAN 
                   LANDS.

       (a) In General.--Notwithstanding any other provision of 
     law, a tribal organization may establish a boxing commission 
     to regulate professional boxing matches held on Indian land 
     under the jurisdiction of that tribal organization.
       ``(b) Contract with a Boxing Commission.--A tribal 
     organization that does not establish a boxing commission 
     shall execute a contract with the Association of Boxing 
     Commissions, or a boxing commission that is a member of the 
     Association of Boxing Commissions, to regulate any 
     professional boxing match held on Indian land under the 
     jurisdiction of that tribal organization. If the match is 
     regulated by the Association of Boxing Commissions, the match 
     shall be regulated in accordance with the guidelines 
     established by the United States Boxing Administration. If 
     the match is regulated by a boxing commission from a State 
     other than the State within the borders of which the Indian 
     land is located, the match shall be regulated in accordance 
     with the applicable requirements of the State where the match 
     is held.
       ``(c) Standards and Licensing.--A tribal organization that 
     establishes a boxing commission shall, by tribal ordinance or 
     resolution, establish and provide for the implementation of 
     health and safety standards, licensing requirements, and 
     other requirements relating to the conduct of professional 
     boxing matches that are at least as restrictive as--
       ``(1) the otherwise applicable requirements of the State in 
     which the Indian land on which the professional boxing match 
     is held is located; or
       ``(2) the guidelines established by the United States 
     Boxing Administration.''.

     SEC. 4. PURPOSES.

       Section 3(2) (15 U.S.C. 6302(2)) is amended by striking 
     `State'.

     SEC. 5. USBA APPROVAL, OR ABC OR COMMISSION SANCTION, 
                   REQUIRED FOR MATCHES.

       (a) In General.--Section 4 (15 U.S.C. 6303) is amended to 
     read as follows:

[[Page S1879]]

     ``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

       ``(a) In General.--No person may arrange, promote, 
     organize, produce, or fight in a professional boxing match 
     within the United States unless the match--
       ``(1) is approved by the Administration; and
       ``(2) is supervised by the Association of Boxing 
     Commissions or by a boxing commission that is a member of the 
     Association of Boxing Commissions.
       ``(b) Approval Presumed.--For purposes of subsection (a), 
     the Administration shall be presumed to have approved any 
     match other than--
       ``(1) a match with respect to which the Administration has 
     been informed of an alleged violation of this Act and with 
     respect to which it has notified the supervising boxing 
     commission that it does not approve;
       ``(2) a match advertised to the public as a championship 
     match; or
       ``(3) a match scheduled for 10 rounds or more.
       ``(c) Notification; Assurances.--Each promoter who intends 
     to hold a professional boxing match in a State that does not 
     have a boxing commission shall, not later than 14 days before 
     the intended date of that match, provide assurances in 
     writing to the Administration and the supervising boxing 
     commission that all applicable requirements of this Act will 
     be met with respect to that professional boxing match.''.
       (b) Conforming Amendment.--Section 19 (15 U.S.C. 6310) is 
     repealed.

     SEC. 6. SAFETY STANDARDS.

       Section 5 (15 U.S.C. 6304) is amended--
       (1) by striking ``requirements or an alternative 
     requirement in effect under regulations of a boxing 
     commission that provides equivalent protection of the health 
     and safety of boxers:'' and inserting ``requirements:'';
       (2) by adding at the end of paragraph (1) ``The examination 
     shall include testing for infectious diseases in accordance 
     with standards established by the Administration.'';
       (3) by striking paragraph (2) and inserting the following:
       ``(2) An ambulance continuously present on site.'';
       (4) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively, and inserting after paragraph (2) 
     the following:
       ``(3) Emergency medical personnel with appropriate 
     resuscitation equipment continuously present on site.''; and
       (5) by striking ``match.'' in paragraph (5), as 
     redesignated, and inserting ``match in an amount prescribed 
     by the Administration.''.

     SEC. 7. REGISTRATION.

       Section 6 (15 U.S.C. 6305) is amended--
       (1) by inserting ``or Indian tribe'' after ``State'' the 
     second place it appears in subsection (a)(2);
       (2) by striking the first sentence of subsection (c) and 
     inserting ``A boxing commission shall, in accordance with 
     requirements established by the Administration, make a health 
     and safety disclosure to a boxer when issuing an 
     identification card to that boxer.'';
       (3) by striking ``should'' in the second sentence of 
     subsection (c) and inserting ``shall, at a minimum,''; and
       (4) by adding at the end the following:
       ``(d) Copy of Registration To Be Sent to Administration.--A 
     boxing commission shall furnish a copy of each registration 
     received under subsection (a) to the Administration.''.

     SEC. 8. REVIEW.

       Section 7 (15 U.S.C. 6306) is amended--
       (1) by striking paragraphs (3) and (4) of subsection (a) 
     and inserting the following:
       ``(3) Procedures to review a summary suspension when a 
     hearing before the boxing commission is requested by a boxer, 
     licensee, manager, matchmaker, promoter, or other boxing 
     service provider which provides an opportunity for that 
     person to present evidence.'';
       (2) by striking subsection (b); and
       (3) by striking ``(a) Procedures.--''.

     SEC. 9. REPORTING.

       Section 8 (15 U.S.C. 6307) is amended--
       (1) by striking ``48 business hours'' and inserting ``2 
     business days''; and
       (2) by striking ``each boxer registry.'' and inserting 
     ``the Administration.''.

     SEC. 10. CONTRACT REQUIREMENTS.

       Section 9 (15 U.S.C. 6307a) is amended to read as follows:

     ``SEC. 9. CONTRACT REQUIREMENTS.

       ``(a) In General.--The Administration, in consultation with 
     the Association of Boxing Commissions, shall develop 
     guidelines for minimum contractual provisions that shall be 
     included in each bout agreement, boxer-manager contract, and 
     promotional agreement. Each boxing commission shall ensure 
     that these minimal contractual provisions are present in any 
     such agreement or contract submitted to it.
       ``(b) Filing and Approval Requirements.--
       ``(1) Administration.--A manager or promoter shall submit a 
     copy of each boxer-manager contract and each promotional 
     agreement between that manager or promoter and a boxer to the 
     Administration, and, if requested, to the boxing commission 
     with jurisdiction over the bout.
       ``(2) Boxing commission.--A boxing commission may not 
     approve a professional boxing match unless a copy of the bout 
     agreement related to that match has been filed with it and 
     approved by it.
       ``(c) Bond or Other Surety.--A boxing commission may not 
     approve a professional boxing match unless the promoter of 
     that match has posted a surety bond, cashier's check, letter 
     of credit, cash, or other security with the boxing commission 
     in an amount acceptable to the boxing commission.''.

     SEC. 11. COERCIVE CONTRACTS.

       Section 10 (15 U.S.C. 6307b) is amended--
       (1) by striking paragraph (3) of subsection (a);
       (2) by inserting ``or elimination'' after ``mandatory'' in 
     subsection (b).

     SEC. 12. SANCTIONING ORGANIZATIONS.

       (a) In General.--Section 11 (15 U.S.C. 6307c) is amended to 
     read as follows:

     ``SEC. 11. SANCTIONING ORGANIZATIONS.

       ``(a) Objective Criteria.--Within 1 year after the date of 
     enactment of the Professional Boxing Amendments Act of 2003, 
     the Administration shall develop guidelines for objective and 
     consistent written criteria for the rating of professional 
     boxers based on the athletic merits of the boxers. Within 90 
     days after the Administration's promulgation of the 
     guidelines, each sanctioning organization shall adopt the 
     guidelines and follow them.
       ``(b) Notification of Change in Rating.--A sanctioning 
     organization shall, with respect to a change in the rating of 
     a boxer previously rated by such organization in the top 10 
     boxers--
       ``(1) post a copy, within 7 days after the change, on its 
     Internet website or home page, if any, including an 
     explanation of the change, for a period of not less than 30 
     days;
       (2) provide a copy of the rating change and a thorough 
     explanation in writing under penalty of perjury to the boxer 
     and the Administration;
       ``(3) provide the boxer an opportunity to appeal the 
     ratings change; and
       ``(4) apply the objective criteria for ratings required 
     under subsection (a) in considering any such appeal.
       ``(c) Challenge of Rating.--If a sanctioning organization 
     receives an inquiry from a boxer challenging that 
     organization's rating of the boxer, it shall (except to the 
     extent otherwise required by the Administration), within 7 
     days after receiving the request--
       ``(1) provide to the boxer a written explanation under 
     penalty of perjury of the organization's rating criteria, its 
     rating of the boxer, and the rationale or basis for its 
     rating (including a response to any specific questions 
     submitted by the boxer); and
       ``(2) submit a copy of its explanation to the Association 
     of Boxing Commissions and the Administration.''.

     SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

       Section 12 (15 U.S.C. 6307d) is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting ``Within 7 days after a professional boxing match 
     of 10 rounds or more, the sanctioning organization for that 
     match shall provide to the boxing commission in the State or 
     on Indian land responsible for regulating the match, and to 
     the Administration, a statement of--'';
       (2) by striking ``will assess'' in paragraph (1) and 
     inserting ``has assessed, or will assess,''; and
       (3) by striking ``will receive'' in paragraph (2) and 
     inserting ``has received, or will receive,''.

     SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS.

       Section 13 (15 U.S.C. 6307e) is amended--
       (1) by striking the matter in subsection (a) preceding 
     paragraph (1) and inserting the following:
       ``(a) Disclosures to Boxing Commissions and 
     Administration.--Within 7 days after a professional boxing 
     match of 10 rounds or more, the promoter of any boxer 
     participating in that match shall provide to the boxing 
     commission in the State or on Indian land responsible for 
     regulating the match, and to the Administration--'';
       (2) by striking ``writing,'' in subsection (a)(1) and 
     inserting ``writing, other than a bout agreement previously 
     provided to the commission,'';
       (3) by striking ``all fees, charges, and expenses that will 
     be'' in subsection (a)(3)(A) and inserting ``a statement of 
     all fees, charges, and expenses that have been, or will 
     be,'';
       (4) by inserting ``a statement of'' before ``all'' in 
     subsection (a)(3)(B);
       (5) by inserting ``a statement of'' before ``any'' in 
     subsection (a)(3)(C);
       (6) by striking the matter in subsection (b) following 
     ``Boxer.--'' and preceding paragraph (1) and inserting 
     ``Within 7 days after a professional boxing match of 10 
     rounds or more, the promoter of that match shall provide to 
     each boxer participating in the match a statement of--''; and
       (7) by striking ``match;'' in subsection (b)(1) and 
     inserting ``match, and that the promoter has paid, or agreed 
     to pay, to any other person in connection with the match;''.

     SEC. 15. JUDGES AND REFEREES.

       (a) In General.--Section 16 (15 U.S.C. 6307h) is amended--
       (1) by inserting ``(a) Licensing and Assignment 
     Requirement.--'' before ``No person'';
       (2) by striking ``certified and approved'' and inserting 
     ``selected'';
       (3) by inserting ``or Indian lands'' after ``State''; and
       (4) by adding at the end the following:
       ``(b) Championship and 10-round Bouts.--In addition to the 
     requirements of subsection (a), no person may arrange, 
     promote, organize, produce, or fight in a professional boxing 
     match advertised to the public as a championship match or in 
     a professional

[[Page S1880]]

     boxing match scheduled for 10 rounds or more unless all 
     referees and judges participating in the match have been 
     licensed by the Administration.
       ``(c) Sanctioning Organization Not To Influence Selection 
     Process.--A sanctioning organization--
       ``(1) may provide a list of judges and referees deemed 
     qualified by that organization to a boxing commission; but
       ``(2) shall not influence, or attempt to influence, a 
     boxing commission's selection of a judge or referee for a 
     professional boxing match except by providing such a list.
       ``(d) Assignment of Nonresident Judges and Referees.--A 
     boxing commission may assign judges and referees who reside 
     outside that commission's State or Indian land if the judge 
     or referee is licensed by a boxing commission in the United 
     States.
       ``(e) Required Disclosure.--A judge or referee shall 
     provide to the boxing commission responsible for regulating a 
     professional boxing match in a State or on Indian land a 
     statement of all consideration, including reimbursement for 
     expenses, that the judge or referee has received, or will 
     receive, from any source for participation in the match. If 
     the match is scheduled for 10 rounds or more, the judge or 
     referee shall also provide such a statement to the 
     Administration.''.
       (b) Conforming Amendment.--Section 14 (15 U.S.C. 6307f) is 
     repealed.

     SEC. 16. MEDICAL REGISTRY.

       The Act is amended by inserting after section 13 (15 U.S.C. 
     6307e) the following:

     ``SEC. 14. MEDICAL REGISTRY.

       (a) In General.--The Administration, in consultation with 
     the Association of Boxing Commissions, shall establish and 
     maintain, or certify a third party entity to establish and 
     maintain, a medical registry that contains comprehensive 
     medical records and medical denials or suspensions for every 
     licensed boxer.
       ``(b) Content; Submission.--The Administration shall 
     determine--
       ``(1) the nature of medical records and medical suspensions 
     of a boxer that are to be forwarded to the medical registry; 
     and
       ``(2) the time within which the medical records and medical 
     suspensions are to be submitted to the medical registry.
       ``(c) Confidentiality.--The Administration shall establish 
     confidentiality standards for the disclosure of personally 
     identifiable information to boxing commissions that will--
       ``(1) protect the health and safety of boxers by making 
     relevant information available to the boxing commissions for 
     use but not public disclosure; and
       ``(2) ensure that the privacy of the boxers is 
     protected.''.

     SEC. 17. CONFLICTS OF INTEREST.

       Section 17(a) is amended by inserting ``no officer or 
     employee of the Administration,'' after ``laws,''.

     SEC. 18. ENFORCEMENT.

       Section 18 (15 U.S.C. 6309) is amended--
       (1) by striking ``(a) Injunction.--'' in subsection (a) and 
     inserting ``(a) Actions by Attorney General.--'';
       (2) by inserting ``or criminal'' after ``civil'' in 
     subsection (a);
       (3) by inserting ``any officer or employee of the 
     Administration,'' after ``laws,'' in subsection (b)(3);
       (4) by inserting ``has engaged in or'' after 
     ``organization'' in subsection (c);
       (5) by inserting ``or criminal'' after ``civil'' in 
     subsection (c);
       (6) by striking ``fines'' in subsection (c)(3) and 
     inserting ``sanctions''; and
       (7) by striking ``boxer'' in subsection (d) and inserting 
     ``person''.

     SEC. 19. REPEAL OF DEADWOOD.

       Section 20 (15 U.S.C. 6311) is repealed.

     SEC. 20. RECOGNITION OF TRIBAL LAW.

       Section 22 (15 U.S.C. 6313) is amended--
       (1) by insert ``OR TRIBAL'' in the section heading after 
     ``STATE''; and
       (2) by inserting ``or Indian tribe'' after ``State''.

     SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING 
                   ADMINISTRATION.

       (a) In General.--The Act is amended by adding at the end 
     the following:

            ``TITLE II--UNITED STATES BOXING ADMINISTRATION

     ``SEC. 201. PURPOSE.

       ``The purpose of this title is to protect the health, 
     safety, and welfare of boxers and to ensure fairness in the 
     sport of professional boxing.

     ``SEC. 202. ESTABLISHMENT OF UNITED STATES BOXING 
                   ADMINISTRATION.

       ``(a) In General.--The United States Boxing Administration 
     is established as an administration of the Department of 
     Labor.
       ``(b) Administrator.--
       ``(1) Appointment.--The Administration shall be headed by 
     an Administrator, appointed by the President, by and with the 
     advice and consent of the Senate.
       ``(2) Qualifications.--The Administrator shall be an 
     individual who--
       ``(A) has extensive experience in professional boxing 
     activities or in a field directly related to professional 
     sports;
       ``(B) is of outstanding character and recognized integrity; 
     and
       ``(C) is selected on the basis of training, experience, and 
     qualifications and without regard to party affiliation.
       ``(3) Compensation.--Section 5315 of title 5, United States 
     Code, is amended by adding at the end the following:
       ``The Administrator of the United States Boxing 
     Administration.''.
       ``(4) Term of office.--The Administrator shall serve for a 
     term of 4 years.
       ``(c) Assistant Administrator; General Counsel.--The 
     Administration shall have an Assistant Administrator and a 
     General Counsel, who shall be appointed by the Administrator. 
     The Assistant Administrator shall--
       ``(1) serve as Administrator in the absence of the 
     Administrator, in the event of the inability of the 
     Administrator to carry out the functions of the 
     Administrator, or in the event of a vacancy in that office; 
     and
       ``(2) carry out such duties as the Administrator may 
     assign.
       ``(d) Staff.--The Administration shall have such additional 
     staff as may be necessary to carry out the functions of the 
     Administration.

     ``SEC. 203. FUNCTIONS.

       ``(a) Primary Functions.--The primary function of the 
     Administration are--
       ``(1) to protect the health, safety, and general interests 
     of boxers consistent with the provisions of this Act; and
       ``(2) to ensure uniformity, fairness, and integrity in 
     professional boxing.
       ``(b) Specific Functions.--The Administrator shall--
       ``(1) administer title I of this Act;
       ``(2) promulgate uniform standards for professional boxing 
     in consultation with the boxing commissions of the several 
     States and tribal organizations;
       ``(3) except as otherwise determined by the Administration, 
     oversee all professional boxing matches in the United States;
       ``(4) work with the Association of Boxing Commissions and 
     the boxing commissions of the several States and tribal 
     organizations--
       ``(A) to improve the safety, integrity, and professionalism 
     of professional boxing in the United States;
       ``(B) to enhance physical, medical, financial, and other 
     safeguards established for the protection of professional 
     boxers; and
       ``(C) to improve the status and standards of professional 
     boxing in the United States;
       ``(5) ensure, through the Attorney General, the chief law 
     enforcement officer of the several States, and other 
     appropriate officers and agencies of Federal, State, and 
     local government, that Federal and State laws applicable to 
     professional boxing matches in the United States are 
     vigorously, effectively, and fairly enforced;
       ``(6) review local boxing authority regulations for 
     professional boxing and provide assistance to such 
     authorities in meeting minimum standards prescribed by the 
     Administration under this title;
       ``(7) serve as the coordinating body for all efforts in the 
     United States to establish and maintain uniform minimum 
     health and safety standards for professional boxing;
       ``(8) if the Administrator determines it to be appropriate, 
     publish a newspaper, magazine, or other publication and 
     establish and maintain a website consistent with the purposes 
     of the Administration;
       ``(9) procure the temporary and intermittent services of 
     experts and consultants to the extent authorized by section 
     3109(b) of title 5, United States Code, at rates the 
     Administration determines to be reasonable; and
       ``(10) take any other action that is necessary and proper 
     to accomplish the purpose of this title consistent with the 
     provisions of this title.
       ``(c) Prohibitions.--The Administration may not--
       ``(1) promote boxing events or rank professional boxers; or
       ``(2) provide technical assistance to, or authorize the use 
     of the name of the Administration by, boxing commissions that 
     do not comply with requirements of the Administration.
       ``(d) Use of Name.--The Administration shall have the 
     exclusive right to use the name `United States Boxing 
     Administration'. Any person who, without the permission of 
     the Administration, uses that name or any other exclusive 
     name, trademark, emblem, symbol, or insignia of the 
     Administration for the purpose of inducing the sale of any 
     goods or services, or to promote any exhibition, performance, 
     or sporting event, shall be subject to suit in a civil action 
     by the Administration for the remedies provided in the Act of 
     July 5, 1946 (commonly known as the `Trademark Act of 1946'; 
     15 U.S.C. 1051 et seq.).

     ``SEC. 204. LICENSING AND REGISTRATION OF BOXING PERSONNEL.

       ``(a) Licensing.--
       ``(1) Requirement for license.--No person may compete in a 
     professional boxing match or serve as a boxing manager, 
     boxing promoter, or sanctioning organization for a 
     professional boxing match except as provided in a license 
     granted to that person under this subsection.
       ``(2) Application and term.--
       ``(A) In general.--The Administration shall--
       ``(i) establish application procedures, forms, and fees;
       ``(ii) establish and publish appropriate standards for 
     licenses granted under this section; and
       ``(iii) issue a license to any person who, as determined by 
     the Administration, meets the standards established by the 
     Administration under this title.
       ``(B) Duration.--A license issued under this section shall 
     be for a renewable--
       ``(i) 4-year term for a boxer; and
       ``(ii) 2-year term for any other person.
       ``(C) Procedure.--The Administration may issue a license 
     under this paragraph through local boxing authorities or in a 
     manner determined by the Administration.

[[Page S1881]]

       ``(b) Licensing Fees.--
       ``(1) Authority.--The Administration may prescribe and 
     charge reasonable fees for the licensing of persons under 
     this title. The Administration may set, charge, and adjust 
     varying fees on the basis of classifications of persons, 
     functions, and events determined appropriate by the 
     Administration.
       ``(2) Limitations.--In setting and charging fees under 
     paragraph (1), the Administration shall ensure that, to the 
     maximum extent practicable--
       ``(A) club boxing is not adversely effected;
       ``(B) sanctioning organizations and promoters pay the 
     largest portion of the fees; and
       ``(C) boxers pay as small a portion of the fees as is 
     possible.
       ``(3) Collection.--Fees established under this subsection 
     may be collected through local boxing authorities or by any 
     other means determined appropriate by the Administration.

     ``SEC. 205. NATIONAL REGISTRY OF BOXING PERSONNEL.

       ``(a) Requirement for Registry.--The Administration, in 
     consultation with the Association of Boxing Commissions, 
     shall establish and maintain (or authorize a third party to 
     establish and maintain) a unified national computerized 
     registry for the collection, storage, and retrieval of 
     information related to the performance of its duties.
       ``(b) Contents.--The information in the registry shall 
     include the following:
       ``(1) Boxers.--A list of professional boxers and data in 
     the medical registry established under section 114 of this 
     Act, which the Administration shall secure from disclosure in 
     accordance with the confidentiality requirements of section 
     114(c).
       ``(2) Other personnel.--Information (pertinent to the sport 
     of professional boxing) on boxing promoters, boxing 
     matchmakers, boxing managers, trainers, cut men, referees, 
     boxing judges, physicians, and any other personnel determined 
     by the Administration as performing a professional activity 
     for professional boxing matches.

     ``SEC. 206. CONSULTATION REQUIREMENTS.

       ``The Administration shall consult with local boxing 
     authorities--
       ``(1) before prescribing any regulation or establishing any 
     standard under the provisions of this title; and
       ``(2) not less than once each year regarding matters 
     relating to professional boxing.

     ``SEC. 207. MISCONDUCT.

       ``(a) Suspension and Revocation of License or 
     Registration.--
       ``(1) Authority.--The Administration may, after notice and 
     opportunity for a hearing, suspend or revoke any license 
     issued under this title if the Administration finds that--
       ``(A) the suspension or revocation is necessary for the 
     protection of health and safety or is otherwise in the public 
     interest;
       ``(B) there are reasonable grounds for belief that a 
     standard prescribed by the Administration under this title is 
     not being met, or that bribery, collusion, intentional 
     losing, racketeering, extortion, or the use of unlawful 
     threats, coercion, or intimidation have occurred in 
     connection with a license; or
       ``(C) the licensee has violated any provision of this Act.
       ``(2) Period of suspension.--
       ``(A) In general.--A suspension of a license under this 
     section shall be effective for a period determined 
     appropriate by the Administration except as provided in 
     subparagraph (B).
       ``(B) Suspension for medical reasons.--In the case of a 
     suspension or denial of the license of a boxer for medical 
     reasons by the Administration, the Administration may 
     terminate the suspension or denial at any time that a 
     physician certifies that the boxer is fit to participate in a 
     professional boxing match. The Administration shall prescribe 
     the standards and procedures for accepting certifications 
     under this subparagraph.
       ``(b) Investigations and Injunctions.--
       ``(1) Authority.--The Administration may--
       ``(A) conduct any investigation that it considers necessary 
     to determine whether any person has violated, or is about to 
     violate, any provision of this title or any regulation 
     prescribed under this title;
       ``(B) require or permit any person to file with it a 
     statement in writing, under oath or otherwise as the 
     Administration shall determine, as to all the facts and 
     circumstances concerning the matter to be investigated;
       ``(C) in its discretion, publish information concerning any 
     violations; and
       ``(D) investigate any facts, conditions, practices, or 
     matters to aid in the enforcement of the provisions of this 
     title, in the prescribing of regulations under this title, or 
     in securing information to serve as a basis for recommending 
     legislation concerning the matters to which this title 
     relates.
       ``(2) Powers.--
       ``(A) In general.--For the purpose of any investigation 
     under paragraph (1), or any other proceeding under this 
     title, any officer designated by the Administration may 
     administer oaths and affirmations, subpoena or otherwise 
     compel the attendance of witnesses, take evidence, and 
     require the production of any books, papers, correspondence, 
     memorandums, or other records which the Administration 
     considers relevant or material to the inquiry.
       ``(B) Witnesses and evidence.--The attendance of witnesses 
     and the production of any documents under subparagraph (A) 
     may be required from any place in the United States, 
     including Indian land, at any designated place of hearing.
       ``(3) Enforcement of subpoenas.--
       ``(A) Civil action.--In case of contumacy by, or refusal to 
     obey a subpoena issued to, any person, the Administration may 
     file an action in any court of the United States within the 
     jurisdiction of which an investigation or proceeding is 
     carried out, or where that person resides or carries on 
     business, to enforce the attendance and testimony of 
     witnesses and the production of books, papers, 
     correspondence, memorandums, and other records. The court may 
     issue an order requiring the person to appear before the 
     Administration to produce records, if so ordered, or to give 
     testimony concerning the matter under investigation or in 
     question.
       ``(B) Failure to obey.--Any failure to obey an order issued 
     by a court under subparagraph (A) may be punished as contempt 
     of that Court.
       ``(C) Process.--All process in any contempt case under 
     subparagraph (A) may be served in the judicial district in 
     which the person is an inhabitant or in which the person may 
     be found.
       ``(4) Evidence of criminal misconduct.--
       ``(A) In general.--No person may be excused from attending 
     and testifying or from producing books, papers, contracts, 
     agreements, and other records and documents before the 
     Administration, in obedience to the subpoena of the 
     Administration, or in any cause or proceeding instituted by 
     the Administration, on the ground that the testimony or 
     evidence, documentary or otherwise, required of that person 
     may tend to incriminate the person or subject the person to a 
     penalty or forfeiture.
       ``(B) Limited immunity.--No individual may be prosecuted or 
     subject to any penalty or forfeiture for, or on account of, 
     any transaction, matter, or thing concerning the matter about 
     which that individual is compelled, after having claimed a 
     privilege against self-incrimination, to testify or produce 
     evidence, documentary or otherwise, except that the 
     individual so testifying shall not be exempt from prosecution 
     and punishment for perjury committed in so testifying.
       ``(5) Injunctive relief.--If the Administration determines 
     that any person is engaged or about to engage in any act or 
     practice that constitutes a violation of any provision of 
     this title, or of any regulation prescribed under this title, 
     the Administration may bring an action in the appropriate 
     district court of the United States, the United States 
     District Court for the District of Columbia, or the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, to enjoin the act or 
     practice, and upon a proper showing, the court shall grant 
     without bond a permanent or temporary injunction or 
     restraining order.
       ``(6) Mandamus.--Upon application of the Administration, 
     the district courts of the United States, the United States 
     District Court for the District of Columbia, and the United 
     States courts of any territory or other place subject to the 
     jurisdiction of the United States, shall have jurisdiction to 
     issue writs of mandamus commanding any person to comply with 
     the provisions of this title or any order of the 
     Administration.
       ``(c) Intervention in Civil Actions.--
       ``(1) In general.--The Administration, on behalf of the 
     public interest, may intervene of right as provided under 
     rule 24(a) of the Federal Rules of Civil Procedure in any 
     civil action relating to professional boxing filed in a 
     United States district court.
       ``(2) Amicus filing.--The Administration may file a brief 
     in any action filed in a court of the United States on behalf 
     of the public interest in any case relating to professional 
     boxing.
       ``(d) Hearings by Administration.--Hearings conducted by 
     the Administration under this title shall be public and may 
     be held before any officer of the Administration or before a 
     boxing commission that is a member of the Association of 
     Boxing Commissions. The Administration shall keep appropriate 
     records of the hearings.

     ``SEC. 208. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.

       ``(a) Noninterference.--Nothing in this title prohibits any 
     local boxing authority from exercising any of its powers, 
     duties, or functions with respect to the regulation or 
     supervision of professional boxing or professional boxing 
     matches to the extent not inconsistent with the provisions of 
     this title.
       ``(b) Minimum Standards.--Nothing in this title prohibits 
     any local boxing authority from enforcing local standards or 
     requirements that exceed the minimum standards or 
     requirements promulgated by the Administration under this 
     title.

     ``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

       ``Any employee of any executive department, agency, bureau, 
     board, commission, office, independent establishment, or 
     instrumentality may be detailed to the Administration, upon 
     the request of the Administration, on a reimbursable or 
     nonreimbursable basis, with the consent of the appropriate 
     authority having jurisdiction over the employee. While so 
     detailed, an employee shall continue to receive the 
     compensation provided pursuant to law for the employee's 
     regular position of employment and shall retain, without 
     interruption, the rights and privileges of that employment.

     ``SEC. 210. REPORTS.

       ``(a) Annual Report.--The Administration shall submit a 
     report on its activities to the Senate Committee on Commerce, 
     Science,

[[Page S1882]]

     and Transportation and the House of Representatives Committee 
     on Commerce each year. The annual report shall include the 
     following:
       ``(1) A detailed discussion of the activities of the 
     Administration for the year covered by the report.
       ``(2) A description of the local boxing authority of each 
     State and Indian tribe.
       ``(b) Public Report.--The Administration shall annually 
     issue and publicize a report of the Administration on the 
     progress made at Federal and State levels and on Indian lands 
     in the reform of professional boxing, which shall include 
     comments on issues of continuing concern to the 
     Administration.
       ``(c) First Annual Report on the Administration.--The first 
     annual report under this title shall be submitted not later 
     than 2 years after the effective date of this title.

     ``SEC. 211. INITIAL IMPLEMENTATION.

       ``(a) Temporary Exemption.--The requirements for licensing 
     under this title do not apply to a person for the performance 
     of an activity as a boxer, boxing judge, or referee, or the 
     performance of any other professional activity in relation to 
     a professional boxing match, if the person is licensed by a 
     boxing commission to perform that activity as of the 
     effective date of this title.
       ``(b) Expiration.--The exemption under subsection (a) with 
     respect to a license issued by a boxing commission expires on 
     the earlier of--
       ``(A) the date on which the license expires; or
       ``(B) the date that is 2 years after the date of the 
     enactment of the Professional Boxing Amendments Act of 2003.

     ``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     for the Administration for each fiscal year such sums as may 
     be necessary for the Administration to perform its functions 
     for that fiscal year.
       ``(b) Receipts Credited as Offsetting Collections.--
     Notwithstanding section 3302 of title 31, United States Code, 
     any fee collected under this title--
       ``(1) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(2) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(3) shall remain available until expended.''.
       (b) Conforming Amendments.--
       (1) PBSA.--The Professional Boxing Safety Act or 1966, as 
     amended by this Act, is further amended--
       (A) by amending section 1 to read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the 
     `Professional Boxing Safety Act'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Section 1. Short title; table of contents.
``Sec. 2. Definitions.
``Title I--Professional Boxing Safety
``Sec. 101. Purposes.
``Sec. 102. Approval or sanction requirement.
``Sec. 103. Safety standards.
``Sec. 104. Registration.
``Sec. 105. Review.
``Sec. 106. Reporting.
``Sec. 107. Contract requirements.
``Sec. 108. Protection from coercive contracts.
``Sec. 109. Sanctioning organizations.
``Sec. 110. Required disclosures to state boxing commissions by 
              sanctioning organizations.
``Sec. 111. Required disclosures for promoters.
``Sec. 112. Medical registry.
``Sec. 113. Confidentiality.
``Sec. 114. Judges and referees.
``Sec. 115. Conflicts of interest.
``Sec. 116. Enforcement.
``Sec. 117. Professional boxing matches conducted on indian lands.
``Sec. 118. Relationship with State or tribal law.
``Title II--United States Boxing Administration
``Sec. 201. Purpose.
``Sec. 202. Establishment of United States Boxing Administration.
``Sec. 203. Functions.
``Sec. 204. Licensing and registration of boxing personnel.
``Sec. 205. National registry of boxing personnel.
``Sec. 206. Consultation requirements.
``Sec. 207. Misconduct.
``Sec. 208. Noninterference with local boxing authorities.
``Sec. 209. Assistance from other agencies.
``Sec. 210. Reports.
``Sec. 211. Initial implementation.
``Sec. 212. Authorization of appropriations.'';
       (B) by inserting before section 3 the following:

``TITLE I--PROFESSIONAL BOXING SAFETY'' ;
       (C) by redesignating sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 
     12, 13, 14, 15, 16, 17, 18, 21, and 22 as sections 101 
     through 118, respectively;
       (D) by striking ``section 13'' each place it appears in 
     section 113, as redesignated, and inserting ``section 111'';
       (E) by striking ``section 4.'' in section 117(a), as 
     redesignated, and inserting ``section 102.'';
       (F) by striking ``9(b), 10, 11, 12, 13, 14, or 16,'' in 
     paragraph (1) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114,'';
       (G) by striking ``9(b), 10, 11, 12, 13, 14, or 16'' in 
     paragraph (2) of section 116(b), as redesignated, and 
     inserting ``107, 108, 109, 110, 111, or 114'';
       (H) by striking ``section 17(a)'' in subsection (b)(3) of 
     section 116, as redesignated, and inserting ``section 
     115(a)'';
       (I) by striking ``section 10'' in subsection (e)(3) of 
     section 116, as redesignated, and inserting ``section 108''; 
     and
       (J) by striking ``of this Act'' each place it appears in 
     sections 101 through 120, as redesignated, and inserting ``of 
     this title''.
       (2) Compensation of administrator.--Section 5315 of title 
     5, United States Code, is amended by adding at the end the 
     following:
       ``The Administrator of the United States Boxing 
     Administration.''.

     SEC. 22. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act.
       (b) 1-year Delay for Certain Title II Provisions.--Sections 
     205 through 212 of the Professional Boxing Safety Act or 
     1996, as added by section 21(a) of this Act, shall take 
     effect 1 year after the date of enactment of this Act.
                                 ______
                                 
      By Mr. BENNETT:
  S. 277. A bill to authorize the Secretary of the Interior to 
construct an education and administrative center at the Bear River 
Migratory Bird Refuge in Box Elder County, Utah; to the Committee on 
Energy and Natural Resources.
  Mr. BENNETT. Mr. President, I rise today to introduce the Bear River 
Migratory Bird Refuge Visitor Center Act.
  Long a haven for migratory birds, the Bear River marshes provide 
millions of birds with habitat and food. In 1928, in response to a 
series of devastating outbreaks of avian botulism, which killed 
thousands of birds along the river, Congress established the Bear River 
Migratory Bird Refuge. It serves to provide habitat for waterfowl, 
protect waterfowl from botulism outbreaks, and provide recreational and 
education opportunities to the public.
  In 1983, floods breached the refuge dikes, destroyed the visitor 
center, and contaminated the rich wildlife habitat. Thanks to the great 
efforts of Al Trout, the refuge manager, refuge employees, and numerous 
volunteers, an increasing number of both waterfowl and humans are 
visiting the Bear River Migratory Bird Refuge each year. Today, the 
Bear River Refuge encompasses 74,000 acres and has provided refuge for 
over 220 recorded waterfowl species. However, a new visitor center for 
the refuge has yet to be built. As such, rich educational opportunities 
associated with visitor center programs and exhibits are not available 
to the public. Aware of the benefits of such a center, a number of 
local communities, the Friends of Bear River Bird Refuge, and other 
nonprofit organizations have raised over $1.5 million for the project.
  This legislation would authorize $11 million to be used for the 
construction of an Education Center and Administrative Facility. Such a 
facility would both generate much needed public awareness of our 
national wildlife refuge system and significantly enhance the visiting 
public's refuge experience. A visitor center at the Bear River 
Migratory bird Refuge will result in a more meaningful, educational, 
and accessible experience for the visiting public.
  I believe that this legislation is an exciting opportunity to 
showcase the many wildlife and natural treasures that Utah's Bear River 
Migratory Bird Refuge contains. I look forward to working with my 
colleagues in the Senate to pass this legislation this session.
                                 ______
                                 
      By Mr. BENNETT:
  S. 278. A bill to make certain adjustments to the boundaries of the 
Mount Naomi Wilderness Area, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. BENNETT. Mr. President, I rise today to introduce the Mount Naomi 
Wilderness Boundary Adjustment Act.
  Included in the Utah Wilderness Act of 1984, the Mount Naomi 
Wilderness is one of Utah's largest wilderness areas at over 44,000 
acres. It is a very scenic area and contains some of the best examples 
of alpine terrain in the intermountain west. There are large 
populations of moose, elk, and deer. It is an area truly worthy of its 
designation.

[[Page S1883]]

  Unfortunately the boundaries were drawn in such a way as to have some 
unintended consequences. Running through the wilderness is a utility 
corridor, containing a major electricity transmission line. This power 
line serves the residents of Logan and the whole south end of Cache 
Valley. Because of restrictions in the Wilderness Act of 1964, 
maintaining and repairing the power line will be very difficult in the 
future.
  Also impacted by Mount Naomi's boundaries is one of Utah's most 
popular hiking and mountain biking trails: the Bonneville Shoreline 
Trail. The Bonneville Shoreline Trail, when completed will be over 250 
miles in length. Starting in Nephi and heading north into Idaho, the 
trail will follow the shoreline of ancient Lake Bonneville. The 
alignment of the trail is planned to go through a small part of the 
Mount Naomi Wilderness. While hikers and equestrian users would be 
permitted to use this section of the trail, mountain bikers would be 
prohibited. The city of Logan has tried to work to change the alignment 
to adjacent private property to no avail.
  The legislation I am introducing today would redraw the boundaries of 
the Mount Naomi Wilderness. The acreage of this wilderness area would 
not change, thirty-one current acres would be excluded and thirty-one 
new acres would be added. The newly added lands will be managed 
pursuant to the Utah Wilderness Act of 1984. The boundaries will now 
better reflect the topography of Mount Naomi and the inconsistent uses 
will be removed from the wilderness.
  This legislation was originally offered in the 107th Congress by 
former Representative Jim Hansen. It passed the House of 
Representatives but was never acted upon by the Senate. The city of 
Logan, Cache County, and the United States Forest Service all are 
supportive of this legislation.
  I look forward to working with my colleagues in the Senate to pass 
this legislation this session.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 281. A bill to amend the Transportation Equity Act for the 21st 
Century to make certain amendments with respect to Indian tribes, to 
provide for training and technical assistance to Native Americans who 
are interested in commercial vehicle driving careers, and for other 
purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye in reintroducing the ``Indian Tribal Surface 
Transportation Improvement Act of 2003'', a bill to reform and improve 
Indian Reservation Road, IRR, program.
  In the past two Congresses the Committee on Indian Affairs has held 
hearings on the problems with the IRR program and this bill provides 
much-needed clarifications to better meet the transportation needs in 
Native communities.
  Involving as it does transportation and related issues, this bill 
includes an initiative I proposed last session to support commercial 
vehicle driving training programs at tribal colleges and universities.
  Although reservation roads comprise just 2.63 percent of the Federal 
highway system, less than 1 percent of Federal aid has been allocated 
to Indian roads. This bill would allow the already-authorized funds for 
Indians to reach the intended beneficiaries.
  As with any community, Indian reservations need efficient and 
effective road financing and construction to develop healthy economies 
and raise the standard of living.
  It is no secret that when entrepreneurs, Indian or non-Indian, 
calculate whether to invest in a community they first look to see if 
the basic building blocks exist within the community: roads, highways, 
electricity, potable water, and other amenities.
  Unfortunately, despite recent successes some Indian tribes have had 
with gaming, energy and natural resource development, most Indian 
tribes still suffer from poor infrastructure that thwarts investment 
and economic growth.
  Building on the successes of the Indian Self Determination and 
Education Assistance Act, this bill authorizes the Federal Lands 
Highway Administration to create a 12-tribe pilot program to contract 
directly for roads funding.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 281

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Indian 
     Tribal Surface Transportation Improvement Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

Sec. 101. Short title.
Sec. 102. Amendments relating to Indian tribes.

    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

Sec. 201. Short title.
Sec. 202. Purposes.
Sec. 203. Definitions.
Sec. 204. Commercial vehicle driving training program.

             TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Indian Tribal Surface 
     Transportation Act of 2003''.

     SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES.

       (a) Obligation Limitation.--Section 1102(c)(1) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 104 
     note; 112 Stat. 116) is amended--
       (1) by striking ``Code, and'' and inserting ``Code,''; and
       (2) by inserting before the semicolon the following: ``, 
     and for each of fiscal years 2003 and 2004, amounts 
     authorized for Indian reservation roads under section 204 of 
     title 23, United States Code''.
       (b) Demonstration Project.--Section 202(d)(3) of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(C) Federal lands highway program demonstration 
     project.--
       ``(i) In general.--The Secretary shall establish a 
     demonstration project under which all funds made available 
     under this title for Indian reservation roads and for highway 
     bridges located on Indian reservation roads as provided for 
     in subparagraph (A) shall be made available, on the request 
     of an affected Indian tribal government, to the Indian tribal 
     government for use in carrying out, in accordance with the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), contracts and agreements for the 
     planning, research, engineering, and construction described 
     in that subparagraph.
       ``(ii) Exclusion of agency participation.--In accordance 
     with subparagraph (B), all funds for Indian reservation roads 
     and for highway bridges located on Indian reservation roads 
     to which clause (i) applies shall be paid without regard to 
     the organizational level at which the Federal lands highway 
     program has previously carried out the programs, functions, 
     services, or activities involved.
       ``(iii) Selection of participating tribes.--

       ``(I) Participants.--

       ``(aa) In general.--For each fiscal year, the Secretary 
     shall select 12 geographically diverse Indian tribes from the 
     applicant pool described in subclause (II) to participate in 
     the demonstration project carried out under clause (i).
       ``(bb) Consortia.--Two or more Indian tribes that are 
     otherwise eligible to participate in a program or activity to 
     which this title applies may form a consortium to be 
     considered as a single tribe for the purpose of becoming part 
     of the applicant pool under subclause (II).
       ``(cc) Funding.--An Indian tribe participating in the pilot 
     program under this subparagraph shall receive funding in an 
     amount equal to the sum of the funding that the Indian tribe 
     would otherwise receive in accordance with the funding 
     formula established under the other provisions of this 
     subsection, and an additional percentage of that amount equal 
     to the percentage of funds withheld during the applicable 
     fiscal year for the road program management costs of the 
     Bureau of Indian Affairs under subsection (f)(1).

       ``(II) Applicant pool.--The applicant pool described in 
     this subclause shall consist of each Indian tribe (or 
     consortium) that--

       ``(aa) has successfully completed the planning phase 
     described in subclause (III);
       ``(bb) has requested participation in the demonstration 
     project under this subparagraph through the adoption of a 
     resolution or other official action by the tribal governing 
     body; and
       ``(cc) has demonstrated financial stability and financial 
     management capability in accordance with subclause (III) 
     during the 3-fiscal year period immediately preceding the 
     fiscal year for which participation under this subparagraph 
     is being requested.

       ``(III) Criteria for determining financial stability and 
     financial management capacity.--For the purpose of subclause 
     (II), evidence that, during the 3-year period referred to in 
     subclause (II)(cc), an Indian tribe had no uncorrected 
     significant and material audit exceptions in the required 
     annual audit of the Indian tribe's self-determination 
     contracts or self-governance funding agreements with any 
     Federal agency shall be conclusive

[[Page S1884]]

     evidence of the required stability and capability.
       ``(IV) Planning phase.--

       ``(aa) In general.--An Indian tribe (or consortium) 
     requesting participation in the demonstration project under 
     this subparagraph shall complete a planning phase that shall 
     include legal and budgetary research and internal tribal 
     government and organization preparation.
       ``(bb) Eligibility.--A tribe (or consortium) described in 
     item (aa) shall be eligible to receive a grant under this 
     subclause to plan and negotiate participation in a project 
     described in that item.''.
       (c) Administration.--Section 202 of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(f) Administration of Indian Reservation Roads.--
       ``(1) Contract authority.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, for any fiscal year, not more than 6 percent of the 
     contract authority amounts made available from the Highway 
     Trust Fund to the Bureau of Indian Affairs under this title 
     shall be used to pay the administrative expenses of the 
     Bureau for the Indian reservation roads program (including 
     the administrative expenses relating to individual projects 
     that are associated with the program).
       ``(B) Availability.--Amounts made available to pay 
     administrative expenses under subparagraph (A) shall be made 
     available to an Indian tribal government, on the request of 
     the government, to be used for the associated administrative 
     functions assumed by the Indian tribe under contracts and 
     agreements entered into under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(2) Health and safety assurances.--Notwithstanding any 
     other provision of law, an Indian tribe or tribal 
     organization may commence road and bridge construction under 
     the Transportation Equity Act for the 21st Century (Public 
     Law 105-178) that is funded through a contract or agreement 
     under the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 450 et seq.) if the Indian tribe or tribal 
     organization has--
       ``(A) provided assurances in the contract or agreement that 
     the construction will meet or exceed proper health and safety 
     standards;
       ``(B) obtained the advance review of the plans and 
     specifications from a licensed professional who has certified 
     that the plans and specifications meet or exceed the proper 
     health and safety standards; and
       ``(C) provided a copy of the certification under 
     subparagraph (B) to the Director of the Bureau of Indian 
     Affairs.
       ``(g) Safety Incentive Grants.--
       ``(1) Seat belt safety incentive grant eligibility.--
     Notwithstanding any other provision of law, an Indian tribe 
     that is eligible to participate in the Indian reservation 
     roads program under subsection (d) shall be deemed to be a 
     State for the purpose of being eligible for safety incentive 
     allocations under section 157 to assist Indian communities in 
     developing innovative programs to promote increased seat belt 
     use rates.
       ``(2) Intoxicated driver safety incentive grant 
     eligibility.--Notwithstanding any other provision of law, an 
     Indian tribe that is eligible to participate in the Indian 
     reservation roads program under subsection (d) shall be 
     deemed to be a State for the purpose of being eligible for 
     safety incentive grants under section 163 to assist Indian 
     communities in the prevention of the operation of motor 
     vehicles by intoxicated persons.
       ``(3) Funding procedures and eligibility criteria.--
       ``(A) In general.--The Secretary, in consultation with 
     Indian tribal governments, may develop funding procedures and 
     eligibility criteria applicable to Indian tribes with respect 
     to allocations or grants described in paragraphs (1) and (2).
       ``(B) Publication.--The Secretary shall ensure that 
     procedures or criteria developed under subparagraph (A) are 
     published annually in the Federal Register.''.

    TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Native American Commercial 
     Driving Training and Technical Assistance Act''.

     SEC. 202. PURPOSES.

       The purposes of this title are--
       (1) to foster and promote job creation and economic 
     opportunities for Native Americans; and
       (2) to provide education, technical, and training 
     assistance to Native Americans who are interested in 
     commercial vehicle driving careers.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Commercial vehicle driving.--The term ``commercial 
     vehicle driving'' means the driving of--
       (A) a vehicle that is a tractor-trailer truck; or
       (B) any other vehicle (such as a bus or a vehicle used for 
     the purpose of construction) the driving of which requires a 
     commercial license.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Native american.--The term ``Native American'' means an 
     individual who is a member of--
       (A) an Indian tribe; or
       (B) any people or culture that is indigenous to the United 
     States, as determined by the Secretary.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.

     SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

       (a) Grants.--The Secretary may provide grants, on a 
     competitive basis, to entities described in subsection (b) to 
     support programs providing training and certificates leading 
     to the licensing of Native Americans with respect to 
     commercial vehicle driving.
       (b) Eligibility.--To be eligible to receive a grant under 
     subsection (a), an entity shall--
       (1) be a tribal college or university (as defined in 
     section 316(b)(3) of the Higher Education Act (20 U.S.C. 
     1059(b)(3)); and
       (2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       (c) Priority.--In providing grants under subsection (a), 
     the Secretary shall give priority to grant applications 
     that--
       (1) propose training that exceeds proposed minimum 
     standards for training tractor-trailer drivers of the 
     Department of Transportation;
       (2) propose training that exceeds the entry level truck 
     driver certification standards set by the Professional Truck 
     Driver Institute; and
       (3) propose an education partnership with a private 
     trucking firm, trucking association, or similar entity in 
     order to ensure the effectiveness of the grant program under 
     this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
                                 ______
                                 
      By Ms. SNOWE:
  S. 282. A bill to amend the Education Sciences Act of 2002 to require 
the Statistics Commissioner to collect information from coeducational 
secondary schools on such schools' athletic programs; to the Committee 
on Health, Education, Labor, and Pensions.
  Ms. SNOWE. Mr. President, I rise today to introduce the ``High School 
Sports Information Collection Act of 2003''. This legislation directs 
the Commissioner of the National Center for Education Statistics to 
collect data from our Nation's high schools regarding the participation 
of America's adolescents in athletics. Passage of this legislation 
would allow the Department of Education's Office on Civil Rights to 
better assess whether high schools are meeting the requirements under 
Title IX passed as part of the Education Amendments Act of 1972.
  The existence of an information gap regarding high school athletic 
participation was highlighted by a 2001 by the General Accounting 
Office which was unable to respond to a Congressional request about 
participation in athletics, including schools' decisions to add or 
discontinue sports team in high schools, colleges and universities. 
However, ``because of limited readily available information and the 
difficulty of collecting comparable information'' the GAO instead could 
only answer the inquiry about changes in four-year intercollegiate 
sports.
  The legislation is simple. It directs the Commissioner to collect 
information regarding participation in athletics broken down by gender, 
teams, race and ethnicity; overall budgets and expenditures, including 
items like travel expenses, equipment and uniforms and their 
replacement schedules; the numbers of coaches, full and part-time; and 
scheduling issues like participation in post-season opportunities and 
successes by team. These data are already reported, in most cases, to 
the state Departments of Education and would therefore not pose any 
additional burden on the high schools.
  The simple straightforwardness of this legislation goes a long way 
toward ensuring that our high schools are complying with civil rights 
law as established under Title IX without creating a new paperwork 
requirement on our schools. After all when considering whether high 
schools are in compliance with this critical civil rights law, it is 
necessary to know what is actually happening in the schools.
  There can be no doubt Title IX has played a role in increasing 
women's athletic opportunities. However, many argue that the 
implementation of this law has reduced opportunity for others. While I 
strongly disagree with such an assessment, I do believe that it is 
critical that policy makers, parents, coaches, and athletic directors 
alike have access to precise and timely data to inform the debate and 
ensure that decisions are based on an accurate picture of interest and 
participation. Precise information on the participation

[[Page S1885]]

levels in high school would assist the enforcement of Title IX on the 
high school level.
  Participation in athletics renders physical benefits as well as 
important psychological benefits. Studies have shown that values 
learned from sports participation, such as teamwork, leadership, 
discipline, and pride in accomplishment, are important lessons for 
everyone and are especially beneficial as more women participate in 
business management and ownership positions in ever higher numbers. 
Certainly it is no coincidence that 80 percent of female managers of 
Fortune 500 companies have a background in athletics. There are 
palpable gains generated by participation in athletics, gains which 
should be as accessible for females as they have been for males for 
decades.
  This legislation compliments current law and in fact would allow us 
to ensure that the law is being enforced better than we can today. The 
data regarding the participation of high school students in athletics 
has been lacking for too long and passage of this legislation would 
help athletic programs ensure that they are offering equal opportunity 
for all athletes.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. Kerry, and Ms. Snowe):
  S. 283. A bill to amend the Internal Revenue Code of 1986 to allow 
tax-free distributions from individual retirement accounts for 
charitable purposes; to the Committee on Finance.
  Mr. DORGAN. Mr. President, today I'm joined by Senators Kerry and 
Snowe in re-introducing the Public Good IRA Rollover Act, legislation 
to allow taxpayers to make tax-free distributions from their individual 
retirement accounts, IRAs, for gifts to charity.
  It is more important than ever to provide support to our nation's 
charitable organizations. Our struggling economy is placing an enormous 
financial strain on many charities, severely curtailing their funding 
at a time when the need for their services is greatest.
  I have heard from charities that people frequently ask them about 
using their IRAs to make charitable donations. However, many donors 
decide not to make a gift from their IRAs after they are told about the 
potential tax consequences under current law. Our IRA charitable 
rollover legislation would eliminate this concern. This single change 
to the Tax Code could put billions of additional dollars from a new 
source to work for the public good. A Salvation Army official once said 
that providing for IRA charitable rollovers ``would be the single most 
important piece of legislation in the history of public charitable 
support in this country.''
  Over the years, a number of legislative proposals have been discussed 
in Congress to increase charitable giving. In his Fiscal Year 2004 
budget, President Bush has proposed a substantial package of tax 
incentives to encourage charitable giving, including a proposal to 
allow individuals to make certain tax-free charitable IRA distributions 
after age 65.
  The President's charitable IRA proposal has a lot of merit, but the 
Public Good IRA Rollover Act is superior in an important respect: by 
allowing tax-free life-income gifts from an IRA. Life-income gifts 
involve the donation of assets to a charity, where the giver retains an 
income stream from those assets for a defined period. Life-income gifts 
are an important tool for charities to raise much needed funds, and 
would receive a substantial boost if they could be made from IRAs, but 
they are wholly ignored in the Administration's proposal. Under our 
proposed Public Good IRA Rollover Act, individuals would be allowed to 
make tax-free charitable life-income gifts at the age of 59\1/2\. 
Similar provisions were added to a major charitable tax incentive bill 
reported by the Senate Finance Committee last year, but were not 
ultimately enacted.
  As the Finance Committee begins anew to consider a charitable giving 
tax incentive package in the near future, I urge them to adopt once 
again the IRA charitable rollover approach used in the Public Good IRA 
Rollover Act, instead of the approach recently outlined in the 
President's budget.
  The benefits of our approach are two-fold. First, the life-income 
gift provision in our legislation would stimulate additional charitable 
giving. In addition, people who make life-income gifts often become 
more involved with charities. They serve as volunteers, urge their 
friends and colleagues to make charitable gifts and frequently set up 
additional provisions for charity in their life-time giving plans and 
at death. Second, this approach comes at no extra cost to the 
government when compared to other major charitable IRA rollover 
proposals.
  So I urge my colleagues to consider the Public Good IRA Rollover Act, 
as we undertake efforts in the Senate to craft a charitable giving tax 
incentives bill. As I mentioned at the outset, in these trying times we 
ought to do everything we can to encourage charitable giving. Let us 
remember the old adage that ``we make a living by what we get, but we 
make a life by what we give.''
                                 ______
                                 
      By Mr. McCAIN:
  S. 284. A bill to amend the Internal Revenue Code of 1986 to provide 
a special rule for members of the uniformed services and the Foreign 
Service in determining the exclusion of gain from the sale of a 
principal residence; to the Committee on Finance.
  Mr. McCAIN. Mr. President, I am proud to sponsor the Military Home 
Owners Equity Act of 2003, S. 284. This is important legislation which 
I have been privileged to introduce in the Senate during previous 
Congresses. This legislation would allow members of the Uniformed 
Services, who are away on extended active duty, to qualify for the same 
tax relief on the profit generated when they sell their main residence 
as other Americans. I am pleased to announce that Secretary of State 
Colin Powell fully supports this legislation and this legislation 
enjoys overwhelming support by the senior uniformed leadership, the 
Joint Chiefs of Staff, as well as the Office of Management and Budget 
Director Mitch Daniels, the 31-member associations of the Military 
Coalition, the American Foreign Service Association, and the American 
Bar Association.
  The average American participates in our Nation's growth through home 
ownership. Appreciation in the value of a home allows everyday 
Americans to participate in our country's prosperity. Fortunately, the 
Taxpayer Relief Act of 1997 recognized this and provided this break to 
lessen the amount of tax most Americans will pay on the profit they 
make when they sell their homes. Unfortunately, the 1997 home sale 
provision unintentionally discourages home ownership among members of 
the Uniformed and Foreign Services.
  This bill will not create a new tax benefit; it merely modifies 
current law to include the time members of the Uniformed Services are 
away from home on active duty when calculating the number of years the 
homeowners has lived in their primary residence. In short, this bill is 
narrowly tailored to remedy a specific dilemma.
  The Taxpayer Relief Act of 1997 delivered sweeping tax relief to 
millions of Americans through a wide variety of important tax changes 
that affect individuals, families, investors and businesses. It was 
also one of the most complex tax laws enacted in recent history.
  As with any complex legislation, there are winners and losers. But in 
this instance, there are unintended losers: members of the Uniformed 
and Foreign Services.
  The 1997 act gives taxpayers who sell their principal residence a 
much-needed tax break. Prior to the 1997 act, taxpayers received a one-
time exclusion on the profit they made when they sold their principal 
residence, but the taxpayer had to be at least 55 years old and live in 
the residence for 2 of the 5 years preceding the sale. This provision 
primarily benefitted elderly taxpayers, while not providing any relief 
to younger taxpayers and their families.
  Fortunately, the 1997 act addressed this issue. Under this law, 
taxpayers who sell their principal residence on or after May 7, 1997, 
are not taxed on the first $250,000 of profit from the sale, joint 
filers are not taxed on the first $500,000 of profit they make from 
selling their principal residence. The taxpayers must meet two 
requirements to qualify for this tax relief. The taxpayer must one, own 
the home for at least 2 of the 5 years preceding the sale, and two, 
live in the home as their main home for at least 2 years of the last 5 
years.

[[Page S1886]]

  I applaud the bipartisan cooperation that resulted in this much-
needed form of tax relief. The home sales provision sounds great, and 
it is. Unfortunately,the second part of this eligibility test 
unintentionally and unfairly prohibits many of the women and men who 
serve this country overseas from qualifying for this beneficial tax 
relief.
  Constant travel across the United States and abroad is inherent in 
the Uniformed and Foreign Services. Nonetheless, some members of these 
Services choose to purchase a home in a certain locale, even though 
they will not live there much of the time. Under the new law, if they 
do not have a spouse who resides in the house during their absence, 
they will not qualify for the full benefit of the new home sales 
provision, because no one ``lives'' in the home for the required period 
of time. The law is prejudiced against families that serve our Nation 
abroad. They would not qualify for the home sales exclusion because 
neither spouse ``live'' in the house for enough time to qualify for the 
exclusion.
  This bill simply remedies an inequality in the 1997 law. The bill 
amends the Internal Revenue Code so that members of the Uniformed and 
Foreign Services will be considered to be using their house as their 
main residence for any period that they are assigned overseas in the 
execution of their duties. In short, they will be deemed to be using 
their house as their main home, even if they are stationed in Bosnia, 
the Persian Gulf, in the ``no man's land,'' commonly called the DMZ 
between North and South Korea, or anywhere else they are assigned.
  In the wake of September 11, our Armed Forces are now deployed to an 
unprecedented number of locations. They are away from their primary 
homes, protecting and furthering the freedoms we Americans hold so 
dear. We cannot afford to discourage military service by penalizing 
military personnel with higher taxes merely because they are doing 
their job. Military service entails sacrifice, such as long periods of 
time away from friends and family and the constant threat of 
mobilization into hostile territory. We must not use the tax code to 
heap additional burdens upon our women and men in uniform.
  In my view, the way to decrease the likelihood of further 
inequalities in the tax code, intentional or otherwise, is to adopt a 
fairer, flatter tax system that is far less complicated than our 
current system. But, in the meantime, we must insure the Tax Code is as 
fair and equitable as possible.
  The Taxpayers' Relief Act of 1997 was designed to provide sweeping 
tax relief to all Americans, including those who serve this country 
abroad. Yes, it is true that there are winners and losers in any tax 
code, but, this inequity was unintended. Enacting this narrowly 
tailored remedy to grant equal tax relief to the members of our 
Uniformed and Foreign Services restores fairness and consistency to our 
increasingly complex Tax Code.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 284

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL 
                   RESIDENCE BY A MEMBER OF THE UNIFORMED SERVICES 
                   OR THE FOREIGN SERVICE.

       (a) In General.--Subsection (d) of section 121 of the 
     Internal Revenue Code of 1986 (relating to exclusion of gain 
     from sale of principal residence) is amended by redesignating 
     paragraph (9) as paragraph (10) and by inserting after 
     paragraph (8) the following new paragraph:
       ``(9) Members of uniformed services and foreign service.--
       ``(A) In general.--At the election of an individual with 
     respect to a property, the running of the 5-year period 
     described in subsections (a) and (c)(1)(B) and paragraph (7) 
     of this subsection with respect to such property shall be 
     suspended during any period that such individual or such 
     individual's spouse is serving on qualified official extended 
     duty as a member of the uniformed services or of the Foreign 
     Service of the United States.
       ``(B) Maximum period of suspension.--The 5-year period 
     described in subsection (a) shall not be extended more than 
     10 years by reason of subparagraph (A).
       ``(C) Qualified official extended duty.--For purposes of 
     this paragraph--
       ``(i) In general.--The term `qualified official extended 
     duty' means any extended duty while serving at a duty station 
     which is at least 50 miles from such property or while 
     residing under Government orders in Government quarters.
       ``(ii) Uniformed services.--The term `uniformed services' 
     has the meaning given such term by section 101(a)(5) of title 
     10, United States Code, as in effect on the date of the 
     enactment of this paragraph.
       ``(iii) Foreign service of the united states.--The term 
     `member of the Foreign Service of the United States' has the 
     meaning given the term `member of the Service' by paragraph 
     (1), (2), (3), (4), or (5) of section 103 of the Foreign 
     Service Act of 1980, as in effect on the date of the 
     enactment of this paragraph.
       ``(iv) Extended duty.--The term `extended duty' means any 
     period of active duty pursuant to a call or order to such 
     duty for a period in excess of 90 days or for an indefinite 
     period.
       ``(D) Special rules relating to election.--
       ``(i) Election limited to 1 property at a time.--An 
     election under subparagraph (A) with respect to any property 
     may not be made if such an election is in effect with respect 
     to any other property.
       ``(ii) Revocation of election.--An election under 
     subparagraph (A) may be revoked at any time.''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendments made by this section 
     shall take effect as if included in the amendments made by 
     section 312 of the Taxpayer Relief Act of 1997.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendments made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 285. A bill to authorize the integration and consolidation of 
alcohol and substance abuse programs and services provided by Indian 
tribal governments, and for other purposes; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye in re-introducing legislation to assist Indian tribes to 
fight the scourge of alcohol, drug and associated mental health 
problems in their communities.
  Native Americans continue to be plagued by chronic alcohol and drug 
addictions which destroy their bodies and souls and inevitably require 
mental health treatment as well.
  There are a good number of Federal agencies involved in treating 
these problems and, through no fault of their own, agency efforts are 
often un-coordinated and ineffective as a result.
  Relying on models that are proven winners, the ``Native American 
Alcohol and Substance Abuse Program Consolidation Act of 2003'' 
authorizes Indian tribes and tribal consortia to string together these 
disparate programs and services and bring them together in one 
comprehensive and coordinated package.
  In addition to achieving economies of scale in these Federal 
services, the bill would also encourage the use of automated clinical 
information systems and bring to bear state-of-the-art diagnostic and 
treatment tools
  The two main themes of this bill, better use of resources combined 
with technological innovations have proven successful in other areas 
like Indian job training.
  Just this week, Health and Human Services Secretary Thompson launched 
a new effort aimed at combating chronic health problems in minority 
communities.
  Substance abuse and diabetes are included in Secretary Thompson's 
effort and this bill would go a long way in assisting Federal and 
tribal governments in that battle.
  The mechanics of this bill are also consistent with the broad 
contours of the President's Management Agenda, increasing the 
effectiveness of Federal services without increasing the budget.
  For these reasons, I am hopeful the bill will be well received by the 
Administration and the tribes so that it can be considered speedily in 
the weeks ahead.
  I urge my colleagues to join me in supporting this important 
initiative and ask unanimous consent to have the text of the bill 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 285

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page S1887]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Alcohol and 
     Substance Abuse Program Consolidation Act of 2003''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to enable Indian tribes to consolidate and integrate 
     alcohol and other substance abuse prevention, diagnosis, and 
     treatment programs, and mental health and related programs, 
     to provide unified and more effective and efficient services 
     to Indians afflicted with mental health, alcohol, or other 
     substance abuse problems;
       (2) to recognize that Indian tribes can best determine the 
     goals and methods for establishing and implementing 
     prevention, diagnosis, and treatment programs for their 
     communities, consistent with the policy of self-
     determination;
       (3) to encourage and facilitate the implementation of an 
     automated clinical information system to complement the 
     Indian health care delivery system;
       (4) to authorize the use of Federal funds to purchase, 
     lease, license, or provide training for technology for an 
     automated clinical information system that incorporates 
     clinical, financial, and reporting capabilities for Indian 
     behavioral health care programs;
       (5) to encourage quality assurance policies and procedures, 
     and empower Indian tribes through training and use of 
     technology, to significantly enhance the delivery of, and 
     treatment results from, Indian behavioral health care 
     programs;
       (6) to assist Indian tribes in maximizing use of public, 
     tribal, human, and financial resources in developing 
     effective, understandable, and meaningful practices under 
     Indian behavioral health care programs; and
       (7) to encourage and facilitate timely and effective 
     analysis and evaluation of Indian behavioral health care 
     programs.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Automated clinical information system.--The term 
     ``automated clinical information system'' means an automated 
     computer software system that can be used to manage clinical, 
     financial, and reporting information for Indian behavioral 
     health care programs.
       (2) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551 of title 5, 
     United States Code.
       (3) Indian.--The term ``Indian'' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b).
       (4) Indian behavioral health care program.--The term 
     ``Indian behavioral health care program'' means a federally 
     funded program, for the benefit of Indians, to prevent, 
     diagnose, or treat, or enhance the ability to prevent, 
     diagnose, or treat--
       (A) mental health problems; or
       (B) alcohol or other substance abuse problems.
       (5) Indian tribe.--
       (A) In general.--The term ``Indian tribe'' has the meaning 
     given the term in section 4 of the Indian Self Determination 
     and Education Assistance Act (25 U.S.C. 450b).
       (B) Inclusions.--The term ``Indian tribe'', in a case in 
     which an intertribal consortium, tribal organization, or 
     Indian health center is authorized to carry out 1 or more 
     programs, services, functions, or activities of an Indian 
     tribe under this Act, includes the intertribal consortium, 
     tribal organization, or Indian health center.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (7) Substance abuse.--The term ``substance abuse'' 
     includes--
       (A) the illegal use or abuse of a drug or an inhalant; and
       (B) the abuse of tobacco or a related product.

     SEC. 4. PLANS.

       The Secretary, in cooperation with the Secretary of Labor, 
     the Secretary of the Interior, the Secretary of Education, 
     the Secretary of Housing and Urban Development, the Attorney 
     General, and the Secretary of Transportation, as appropriate, 
     shall, on receipt of a plan acceptable to the Secretary that 
     is submitted by an Indian tribe, authorize the Indian tribe 
     to carry out a demonstration project to coordinate, in 
     accordance with the plan, the Indian behavioral health care 
     programs of the Indian tribe in a manner that integrates the 
     program services into a single, coordinated, comprehensive 
     program that uses, to the extent necessary, an automated 
     clinical information system to better manage administrative 
     and clinical services, costs, and reporting requirements 
     through the consolidation and integration of administrative 
     and clinical functions.

     SEC. 5. PROGRAMS AFFECTED.

       Programs that may be integrated in a demonstration project 
     described in section 4) are--
       (1) an Indian behavioral health care program under which an 
     Indian tribe is eligible for the receipt of funds under a 
     statutory or administrative formula;
       (2) an Indian behavioral health care program under which an 
     Indian tribe is eligible for receipt of funds through 
     competitive or other grants, if--
       (A)(i) the Indian tribe provides notice to the appropriate 
     agency regarding the intentions of the Indian tribe to 
     include the Indian behavioral health care program in the plan 
     that the Indian tribe submits to the Secretary; and
       (ii) the agency consents to the inclusion of the grant in 
     the plan; or
       (B)(i) the Indian tribe elects to include the Indian 
     behavioral health care program in the plan; and
       (ii) the administrative requirements contained in the plan 
     are essentially the same as the administrative requirements 
     applicable to a grant under the Indian behavioral health care 
     program; and
       (3) an Indian behavioral health care program under which an 
     Indian tribe is eligible to receive funds under any other 
     funding scheme.

     SEC. 6. PLAN REQUIREMENTS.

       A plan of an Indian tribe submitted under section 4 shall--
       (1) identify the programs to be integrated;
       (2) be consistent with this Act;
       (3) describe a comprehensive strategy that--
       (A) identifies the full range of existing and potential 
     alcohol and substance abuse and mental health treatment and 
     prevention programs available on and near the service area of 
     the Indian tribe; and
       (B) may include site and technology assessments and any 
     necessary computer hardware installation and support;
       (4) describe the manner in which services are to be 
     integrated and delivered and the results expected under the 
     plan (including, if implemented, the manner and expected 
     results of implementation of an automated clinical 
     information system);
       (5) identify the projected expenditures under the plan in a 
     single budget;
       (6) identify the agency or agencies in the Indian tribe to 
     be involved in the delivery of the services integrated under 
     the plan;
       (7) identify any statutory provisions, regulations, 
     policies, or procedures that the Indian tribe requests be 
     waived in order to implement the plan; and
       (8) be approved by the governing body of the Indian tribe.

     SEC. 7. PLAN REVIEW.

       (a) Consultation.--On receipt of a plan from an Indian 
     tribe under section 4, the Secretary shall consult with--
       (1) the head of each Federal agency providing funds to be 
     used to implement the plan; and
       (2) the Indian tribe.
       (b) Identification of Waivers.--Each party consulting on 
     the implementation of a plan under section 4 shall identify 
     any waivers of statutory requirements or of Federal agency 
     regulations, policies, or procedures that the party 
     determines to be necessary to enable the Indian tribe to 
     implement the plan.
       (c) Waivers.--Notwithstanding any other provision of law, 
     the head of a Federal agency may waive any statutory 
     requirement, regulation, policy, or procedure promulgated by 
     the Federal agency is identified by the Indian tribe or the 
     Federal agency under subsection (b) unless the head of the 
     affected Federal agency determines that a waiver is 
     inconsistent with--
       (1) this Act;
       (2) any statutory requirement applicable to the program to 
     be integrated under the plan that is specifically applicable 
     to Indian programs; and
       (3) any underlying statutory objective or purpose of a 
     program to be consolidated under the plan, to such a degree 
     as would render ineffectual activities funded under the 
     program.

     SEC. 8. PLAN APPROVAL.

       (a) In General.--Not later than 90 days after the date of 
     receipt by the Secretary of a plan under section 4, the 
     Secretary shall inform the Indian tribe that submitted the 
     plan, in writing, of the approval or disapproval of the plan 
     (including any request for a waiver that is made as part of 
     the plan).
       (b) Disapproval.--
       (1) In general.--The Secretary may disapprove a plan if--
       (A) the plan does not provide sufficient information for 
     the Secretary to adequately review the plan for compliance 
     with this Act;
       (B) the plan does not comply with this Act;
       (C) the plan provides for the purchase, lease, license, or 
     training for, an automated clinical information system, but 
     the purchase, lease, license, or training would require 
     aggregate expenditures of program funding at such a level as 
     would render other program substantially ineffectual; or
       (D)(i) the plan identifies waivers that cannot be waived 
     under section 7(c); and
       (ii) the plan would be rendered substantially ineffectual 
     without the waivers.
       (2) Notice.--If a plan is disapproved under subsection (a), 
     the Secretary shall--
       (A) inform the Indian tribe, in writing, of the reasons for 
     the disapproval; and
       (B) provide the Indian tribe an opportunity--
       (i) to amend and resubmit the plan; or
       (ii) to petition the Secretary to reconsider the 
     disapproval (including reconsidering the disapproval of any 
     waiver requested by the Indian tribe).

     SEC. 9. USE OF FUNDS FOR TECHNOLOGY.

       Notwithstanding any requirement applicable to an Indian 
     behavioral health care program of an Indian tribe that is 
     integrated under a demonstration project described in section 
     4, the Indian tribe may use funds made available under the 
     program to purchase, lease, license, or provide training for 
     technology for an automated clinical information system if 
     the purchase, lease, licensing of, or provision of training 
     is conducted in accordance with a plan approved by the 
     Secretary under section 8.

[[Page S1888]]

     SEC. 10. FEDERAL RESPONSIBILITIES.

       (a) Responsibilities of the Indian Health Service.--
       (1) Memorandum of understanding.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary, the 
     Secretary of the Interior, the Secretary of Labor, the 
     Secretary of Education, the Secretary of Housing and Urban 
     Development, the Attorney General, and the Secretary of 
     Transportation shall enter into a memorandum of agreement 
     providing for the implementation of the plans approved under 
     section 8.
       (2) Lead agency.--The lead agency under this Act shall be 
     the Indian Health Service.
       (3) Responsibilities.--The responsibilities of the lead 
     agency under this Act shall include--
       (A) the development of a single reporting format--
       (i) relating to each plan for a demonstration project 
     submitted under section 4, which shall be used by an Indian 
     tribe to report activities carried out under the plan; and
       (ii) relating to the projected expenditures for the 
     individual plan, which shall be used by an Indian tribe to 
     report all plan expenditures;
       (B) the development of a single system of Federal oversight 
     for the plan, which shall be implemented by the lead agency;
       (C) the provision of, or arrangement for provision of, 
     technical assistance to an Indian tribe that is appropriate 
     to support and implement the plan, delivered under an 
     arrangement subject to the approval of the Indian tribe 
     participating in the project (except that an Indian tribe 
     shall have the authority to accept or reject the plan for 
     providing the technical assistance and the technical 
     assistance provider); and
       (D) the convening by an appropriate official of the lead 
     agency (who shall be an official appointed by and with the 
     advice and consent of the Senate) and a representative of the 
     Indian tribes that carry out projects under this Act, in 
     consultation with each of the Indian tribes that participate 
     in projects under this Act, of a meeting at least twice 
     during each fiscal year, for the purpose of providing an 
     opportunity for all Indian tribes that carry out projects 
     under this Act to discuss issues relating to the 
     implementation of this Act with officials of each agency 
     specified in paragraph (1).
       (b) Report Requirements.--
       (1) In general.--The single reporting formats described in 
     subsection (a)(3)(A) shall be developed by the Secretary in 
     accordance with this Act.
       (2) Information.--The single reporting format, together 
     with records maintained on the consolidated program at the 
     tribal level, shall contain such information as the Secretary 
     determines will--
       (A) allow the Secretary to determine whether the Indian 
     tribe has complied with the requirements incorporated in the 
     approved plan of the Indian tribe; and
       (2) provide assurances to the Secretary that the Indian 
     tribe has complied with all--
       (A) applicable statutory requirements; and
       (B) applicable regulatory requirements that have not been 
     waived.

     SEC. 11. NO REDUCTION IN AMOUNTS.

       In no case shall the amount of Federal funds available to 
     an Indian tribe involved in any project under this Act be 
     reduced as a result of the enactment of this Act.

     SEC. 12. INTERAGENCY FUND TRANSFERS.

       The Secretary, the Secretary of the Interior, the Secretary 
     of Labor, the Secretary of Education, the Secretary of 
     Housing and Urban Development, the Attorney General, or the 
     Secretary of Transportation, as appropriate, may take such 
     action as is necessary to provide for the interagency 
     transfer of funds otherwise available to an Indian tribe in 
     order to carry out this Act.

     SEC. 13. ADMINISTRATION OF FUNDS; EXCESS FUNDS.

       (a) Administration of Funds.--
       (1) In general.--Program funds shall be administered under 
     this Act in such a manner as to allow for a determination by 
     the Secretary that funds made available for specific programs 
     (or an amount equal to the amount used from each program) are 
     expended on activities authorized under the program.
       (2) Separate records not required.--Nothing in this section 
     requires an Indian tribe--
       (A) to maintain separate records tracing any service 
     provided or activity conducted under the approved plan of the 
     Indian tribe to the individual programs under which funds 
     were authorized; or
       (B) to allocate expenditures among individual programs.
       (b) Excess Funds.--With respect to administrative costs of 
     carrying out the approved plan of an Indian tribe under this 
     Act--
       (1) all administrative costs under the approved plan may be 
     commingled;
       (2) an Indian tribe that carries out a demonstration 
     program under such an approved plan shall be entitled to 
     receive reimbursement for the full amount of those costs in 
     accordance with regulations of each program or department; 
     and
       (3) if the Indian tribe, after paying administrative costs 
     associated with carrying out the approved plans, realizes 
     excess administrative funds, those funds shall not be counted 
     for Federal audit purposes if the excess funds are used for 
     the purposes provided for under this Act.

     SEC. 14. FISCAL ACCOUNTABILITY.

       Nothing in this Act affects the authority of the Secretary 
     or the lead agency to safeguard Federal funds in accordance 
     with chapter 75 of title 31, United States Code.

     SEC. 15. REPORT ON STATUTORY AND OTHER BARRIERS TO 
                   INTEGRATION.

       (a) Preliminary Report.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Resources of the House of Representatives a 
     preliminary report that describes the implementation of this 
     Act.
       (b) Final Report.--Not later than 5 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Indian Affairs of the Senate and the Committee 
     on Resources of the House of Representatives a final report 
     that--
       (1) describes the results of implementation of this Act; 
     and
       (2) identifies statutory barriers to the ability of Indian 
     tribes to integrate more effectively alcohol and substance 
     abuse services in a manner consistent with this Act.

     SEC. 16. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN 
                   ALCOHOL AND DRUG TREATMENT OR MENTAL HEALTH 
                   PROGRAMS.

       Any State with an alcohol and substance abuse or mental 
     health program targeted toward Indian tribes shall be 
     eligible to receive, at no cost to the State, such Federal 
     personnel assignments as the Secretary, in accordance with 
     the applicable provisions of subchapter IV of chapter 33 of 
     title 5, United States Code, determines to be appropriate to 
     help ensure the success of the program.
                                 ______
                                 
      By Mr. BOND (for himself, Mr. Dodd, Mr. Frist, and Mr. Kennedy):
  S. 286. A bill to revise and extend the Birth Defects Prevention Act 
of 1998; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BOND. Mr. President, I rise today to introduce the Birth Defects 
and Developmental Disabilities Prevention Act. It is a pleasure to 
work, once again, on this important issue with Senators Dodd, Frist and 
Kennedy.
  My interest in birth defects prevention began while I was Governor. 
As Governor I had secured dollars to fund the neonate care units at our 
hospitals in Missouri. These remarkable institutions and the dedicated 
men and women who serve there do a tremendous job of saving low birth 
weight babies and babies with severe birth defects.
  As I visited those hospitals and held those tiny babies, the doctors 
and nurses who staffed these units asked me, ``Why don't we do 
something to reduce the incidents of birth defects and the problems 
that bring the tiniest of infants to these very high-tech, specialized 
care units.''
  Since I became a Senator I have been working with colleagues on both 
sides of the aisle and with the March of Dimes to deal with this 
serious and compelling health problem facing America.
  Many people are not aware that birth defects affect over 3 percent of 
all births in America, and they are the leading cause of infant death. 
This year alone, an estimated 150,000 babies will be born with a birth 
defect. Among the babies who survive, birth defects often result in 
lifelong disability. Medical care, special education, and may other 
services are often required into adulthood, costing families thousands 
of dollars each year.
  In 1998, Congress finally passed a bill I had sponsored for 3 
previous sessions, the Birth Defects Prevention Act, which created a 
federal birth defects prevention and surveillance strategy. That was 
followed by the Children's Health Act of 2000, which established the 
National Center on Birth Defects and Developmental Disabilities at CDC. 
With these two important pieces of legislation Congress recognized that 
birth defects and developmental disabilities are major threats to 
children's health.
  The Birth Defects and Developmental Disabilities Prevention Act 
revises and extends the Birth Defects Prevention Act of 1998. This bill 
is straightforward and has the support of the March of Dimes, Spina 
Bifida Association of America, the Autism Society of America, and the 
Coalition for Children's health among others. It: (1) Reauthorizes the 
National Center on Birth Defects and Developmental Disabilities for 5 
years; (2) makes several technical amendments to ensure that the full 
scope of activities conducted by the center are included in statute; 
(3) authorizes CDC to collect data from educational records that are 
necessary to conduct surveillance on developmental disabilities--
including autism--while

[[Page S1889]]

protecting the privacy of individuals and their families; (4) 
authorizes CDC to support a National Spina Bifida Program to promote 
prevention and enhance the quality of life of those living with Spina 
Bifida; (5) authorizes CDC to conduct research and programs on the 
prevention of secondary conditions and the promotion of health and 
wellness in individuals living with disabilities; and (6) finally, the 
bill transfers certain members of the Advisory Committee to the 
Director of the National Center for Environmental Health who have 
expertise in birth defects, developmental disabilities and disabilities 
and health to the National Center on Birth Defects and Developmental 
Disabilities.
  We have come a long way in the past 5 years toward preventing certain 
birth defects and developmental disabilities, but we face many 
challenges ahead. There is still much work to be done to improve the 
health of all Americans by preventing birth defects and developmental 
disabilities in children, promoting optimal child development and 
ensuring health and wellness among children and adults living with 
disabilities.
  Today, with the introduction of this bill we have the opportunity to 
renew our commitment to birth defects prevention and to improve the 
quality of life of those living with disabilities. I look forward to 
working with my colleagues to ensure and enhance the well-being of our 
Nation's children.
  Mr. FRIST. Mr. President, I am pleased to join Senator Bond in 
reintroducing the Birth Defects and Developmental Disabilities 
Prevention Act of 2003. This bill reauthorizes the National Center on 
Birth Defects and Developmental Disabilities, NCBDD, at the Centers for 
Disease Control and Prevention to promote optimal fetal, infant, and 
child development and prevent birth defects and childhood developmental 
disabilities.
  Birth defects are the leading cause of infant mortality in the United 
States, accounting for more than 20 percent of all infant deaths. Of 
the 150,000 babies born with a birth defect in the United States each 
year, 8,000 will die during their first year of life. In addition, 
birth defects are the fifth-leading cause of years of potential life 
lost and contribute substantially to childhood morbidity and long-term 
disability.
  Congress passed the Birth Defects Prevention Act in 1998, a bill to 
assist States in developing, implementing, or expanding community-based 
birth defects tracking systems, programs to prevent birth defects, and 
activities to improve access to health services for children with birth 
defects. The authorization for this important legislation expires at 
the end of this year, and the legislation we are introducing today will 
strengthen those important programs.
  In order to educate health professionals and the general public, this 
legislation requires NCBDD to provide information on the incidence and 
prevalence of individuals living with birth defects and disabilities, 
any health disparities, experienced by such individuals, and 
recommendations for improving the health and wellness and quality of 
life of such individuals. The Clearinghouse will also contain a summary 
of recommendations from all birth defects research conferences 
sponsored by the agency including conferences related to spina bifida.
  This legislation also clarifies advisory committees, already in 
existence, that have expertise in birth defects, developmental 
disabilities, and disabilities and health will be transferred to the 
National Center on Birth Defects.
  This piece of legislation also supports a National Spina Bifida 
Program to prevent and reduce suffering from the nation's most common 
permanently disabling birth defect.
  I ask that this piece of important legislation be reauthorized. I 
want to thank my colleagues, Senator Bond and others, for the 
introduction of this initial piece of legislation in 1998 and for their 
continued initiatives on birth defects and developmental disabilities.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Bennett, Mr. Bingaman, Mr. 
        Cochran, Mr. Daschle, Mr. Durbin, Mr. Graham of Florida, Mr. 
        Kennedy, Mr. Lieberman, Mrs. Lincoln, Mr. Warner, Ms. Cantwell, 
        Mr. Jeffords, Mr. Johnson, and Mr. Kerry):
  S. 287. A bill to amend the Internal Revenue Code of 1986 to provide 
that a deduction equal to fair market value shall be allowed for 
charitable contributions of literary, musical, artistic, or scholarly 
compositions created by the donor; to the Committee on Finance.
  Mr. LEAHY. Mr. President, I rise today with Senator Bennett to 
introduce the ``Artist-Museum Partnership Act of 2003.'' Our bipartisan 
legislation will enable our country to keep cherished art works in the 
United States and to preserve them in our public institutions, while 
erasing an inequity in our tax code that currently serves as a 
disincentive for artists to donate their works to museums and 
libraries. This is the same bill we introduced the past two Congresses. 
It was also included in the Senate-passed version of the President's 
2001 tax cut bill and in the Finance Committee's version of the Charity 
Aid, Recovery, and Empowerment, CARE, Act. I would like to thank 
Senators Bingaman, Cochran, Daschle, Durbin, Graham of Florida, 
Kennedy, Lieberman, Lincoln, and Warner for cosponsoring this 
bipartisan bill.
  Our bill is sensible and straightforward. It would allow artists, 
writers, and composers who donate works to museums and libraries to 
take a tax deduction equal to the fair market value of the work. This 
is something that collectors who make similar donations are already 
able to do. If we as a Nation want to ensure that art works created by 
living artists are available to the public in the future, for study or 
for pleasure, this is something that artists should be allowed to do as 
well. Under current law, artists who donate self-created works are only 
able to deduct the cost of supplies such as canvas, pen, paper and ink, 
which does not even come close to their true value. This is unfair to 
artists and it hurts museums and libraries, large and small, that are 
dedicated to preserving works for posterity.
  In my State of Vermont, we are incredibly proud of the great works 
produced by hundreds of local artists who choose to live and work in 
the Green Mountain State. Displaying their creations in museums and 
libraries helps develop a sense of pride among Vermonters and 
strengthens a bond with Vermont, its landscape, its beauty and its 
cultural heritage. Anyone who has contemplated a painting in a museum 
or examined an original manuscript or composition, and has gained a 
greater understanding of both the artist and the subject as a result, 
knows the tremendous value of these works. I would like to see more of 
them, not fewer, preserved in Vermont and across the country.
  Prior to 1969, artists and collectors alike were able to take a 
deduction equivalent to the fair market value of a work, but Congress 
changed the law with respect to artists in the Tax Reform Act of 1969. 
Since then, fewer and fewer artists have donated their works to museums 
and cultural institutions. The sharp decline in donations to the 
Library of Congress clearly illustrates this point. Until 1969, the 
Library of Congress received 15 to 20 large gifts of manuscripts from 
authors each year. In the four years following the elimination of the 
deduction, the Library received only one such gift. Instead, many of 
these works have been sold to private collectors and are no longer 
available to the general public.
  For example, prior to the enactment of the 1969 law, Igor Stravinsky 
planned to donate his papers to the Music Division of the Library of 
Congress. But after the law passed, his papers were sold instead to a 
private foundation in Switzerland. We can no longer afford this massive 
loss to our cultural heritage. These losses are an unintended 
consequence of the tax bill that should now be corrected.
  More than 30 years ago, Congress changed the law for artists in 
response to the perception that some taxpayers were taking advantage of 
the law by inflating the market value of self-created works. Since that 
time, however, the government has cut down significantly on the abuse 
of fair market value determinations. Under this legislation, artists 
who donate their own paintings, manuscripts, compositions, or scholarly 
compositions, would be subject to the same new rules that all taxpayer/
collectors who donate such works must now follow. This includes 
providing relevant information as to

[[Page S1890]]

the value of the gift, providing appraisals by qualified appraisers, 
and, in some cases, subjecting them to review by the Internal Revenue 
Service's Art Advisory Panel.
  In addition, donated works must be accepted by museums and libraries, 
which often have strict criteria in place for works they intend to 
display. The institution must certify that it intends to put the work 
to a use that is related to the institution's tax exempt status. For 
example, a painting contributed to an educational institution must be 
used by that organization for educational purposes. It could not be 
sold by the institution for profit. Similarly, a work could not be 
donated to a hospital or other charitable institution that did not 
intend to use the work in a manner related to the function constituting 
the donee's exemption under Section 501 of the tax code. Finally, the 
fair market value of the work could only be deducted from the portion 
of the artist's income that has come from the sale of similar works, or 
related activities.
  This bill would also correct another disparity in the tax treatment 
of self-created works, how the same work is treated before and after an 
artist's death. While living artists may only deduct the material costs 
of donations, donations of those same works after death are deductible 
from estate taxes at the fair market value of the work. In addition, 
when an artist dies, works that are part of his or her estate are taxed 
on the fair market value.
  Last Congress, the Joint Committee on Taxation estimated that our 
bill would cost $50 million over 10 years. This is a moderate price to 
pay for our education and the preservation of our cultural heritage.
  I want to thank my colleagues again for cosponsoring this bipartisan 
legislation. The time has come for us to correct an unintended 
consequence of the 1969 law and encourage rather than discourage the 
donations of art works by their creators. This bill could, and I 
believe would, make a critical difference in an artist's decision to 
donate his or her work, rather than sell it to a private party, where 
it may become lost to the public forever.
  Mr. BENNETT. Mr. President, I am proud to join the Senator from 
Vermont today to introduce the Artist-Museum Partnership Act. He and I 
have introduced this legislation in the past, and we hope that our 
colleagues will see this bill for what it is: a reasonable solution to 
an unintentional inequity in our tax code.
  This legislation would allow living artists to deduct the fair-market 
value of their art work when they contribute their work to museums or 
other public institutions. As the tax code is currently written, art 
collectors are able to deduct the fair market value of any piece of art 
they donate to a museum. However, if the artist who created that same 
piece of work were to donate it, he or she would only be able to deduct 
the material cost of the work, which may be nothing more than a canvas, 
a tube of paint, and a wooden frame. Thus, there exists a disincentive 
for artists to donate their work to museums. The solution is simple: 
treat collectors and artists the same way. This bill would do just 
that.
  Certainly, this bill would benefit artists, but more importantly, the 
beneficiaries would be the museums that would receive the art work and 
the general public who would be able to view it in a timely manner. 
This change in the tax code would increase the number of original 
pieces donated to public institutions, giving scholars greater access 
to an artist's work during the lifetime of that artist, as well as 
provide for an increase in the public display of such work.
  I would like to thank Senator Leahy for his work on this bill. I urge 
my colleagues to support this common-sense legislation. The fiscal 
impact of the Artist-Museum Partnership Act on the Federal budget would 
be minimal, but the benefit to our nation's cultural and artistic 
heritage cannot be overstated. This minor correction to the tax code is 
long overdue, and the Senate should act on this legislation to remedy 
the problem.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 288. A bill to encourage contracting by Indians and Indian tribes 
for the management of Federal land, and for other purposes; to the 
Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, as I did last session, I am again 
pleased to introduce the ``Indian Tribal Contracting and Federal Lands 
Management Demonstration Project Act'' to expand the highly-successful 
Indian Self Determination and Education Assistance Act of 1975 and to 
bring Native knowledge, values and sensitivity to the management of our 
Federal lands.
  I want to emphasize that this initiative is a starting point for a 
broader discussion about whether Federal law sufficiently protects 
sacred Indian places that are located on Federal lands.
  Americans react viscerally when lands and sites held sacred are 
threatened. Whether the site in question is the Little Bighorn 
Battlefield in Montana; the American Cemetery at Omaha Beach in 
Normandy, France; or religious and ceremonial sites held dear by Native 
people.
  Twenty-five years ago Congress passed the American Indian Religious 
Freedom Act which declared that it is ``the policy of the United States 
to protect and preserve for American Indians their inherent right of 
freedom to believe, express and exercise the traditional religions of 
the American Indian, Eskimo, Aleut, and Native Hawaiians, including but 
not limited to access to sites, use and possession of sacred objects, 
and the freedom to worship through ceremonials and traditional rites.''
  A series of hearings held by the Committee on Indian Affairs over the 
past two years revealed that the AIRFA policy remains aspirational and 
the goals of that Act have not been realized.
  The clashes between economic and cultural interests will also sharpen 
as our nation's needs for economic activities, such as logging, 
energy and mining, increases.

  In 1970, President Nixon's Special Message to Congress on Indian 
Affairs changed forever Federal Indian law and policy. The President 
also signed into law legislation transferring the sacred Blue Lake 
lands back to the Pueblo of Taos. These two events set the stage for 
both the Indian Self Determination and Education Assistance Act, 1975, 
as well as the AIRFA, 1978.
  The legislation I am re-introducing today will build on these 
precedents by setting up a Demonstration Project to expand 
opportunities for Native contracting on Federal lands. One goal of this 
bill is to bring to bear the knowledge and sensitivity of Native people 
to activities that are currently being carried out by Federal agencies.
  Under the bill, the Secretary of the Interior would select up to 12 
tribes or tribal organizations per year to provide archaeological, 
anthropological, ethnographic and cultural surveys and analysis; land 
management planning; and activities related to the identification, 
maintenance, or protection of lands considered to have religious, 
ceremonial or cultural significance to Indian tribes.
  I urge my colleagues to join me in supporting this measure.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 288

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Indian Contracting and 
     Federal Land Management Demonstration Project Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to expand the provisions of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) to increase Indian employment and income through 
     greater contracting opportunities with the Federal 
     Government;
       (2) to encourage contracting by Indians and Indian tribes 
     with respect to management of Federal land--
       (A) to realize the benefit of Indian knowledge and 
     expertise with respect to the land; and
       (B) to promote innovative management strategies on Federal 
     land that will result in greater sensitivity toward, and 
     respect for, religious beliefs and sacred sites of Indians 
     and Indian tribes;
       (3) to better accommodate access to and ceremonial use of 
     Indian sacred land by Indian religious practitioners; and
       (4) to prevent significant damage to Indian sacred land.

[[Page S1891]]

     SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION 
                   DEVELOPMENT.

       Section 7 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450e) is amended by adding at the 
     end the following:
       ``(d) Tribal Procurement Contracting and Reservation 
     Development.--
       ``(1) In general.--Subject to paragraph (2), on request by 
     and application of an Indian tribe to provide certain 
     services or deliverables that the Secretary of the Interior 
     would otherwise procure from a private-sector entity 
     (referred to in this subsection as an `applicant tribe'), and 
     absent a request made by 1 or more Indian tribes that would 
     receive a direct benefit from those services or deliverables 
     to enter into contracts for those services or deliverables in 
     accordance with section 102 (referred to in this subsection 
     as a `beneficiary tribe'), the Secretary of the Interior 
     shall enter into contracts for those services or deliverables 
     with the applicant tribe in accordance with section 102.
       ``(2) Assurances.--An applicant tribe shall provide the 
     Secretary of the Interior with assurances that the principal 
     beneficiary tribes that receive the services and deliverables 
     for which the applicant tribe has entered into a contract 
     with the Secretary of the Interior remain the Indian tribes 
     originally intended to benefit from the services or 
     deliverables.
       ``(3) Rights and privileges.--For the purpose of this 
     subsection, an applicant tribe shall enjoy, at a minimum, the 
     same rights and privileges under this Act as would a 
     beneficiary tribe if the beneficiary tribe exercised rights 
     to enter into a contract relating to services or deliverables 
     in accordance with section 102.
       ``(4) Notice of desire to contract.--If a beneficiary tribe 
     seeks to enter into a contract with the Secretary of the 
     Interior for services or deliverables being provided by an 
     applicant tribe--
       ``(A) the beneficiary tribe shall immediately provide 
     notice of the desire to enter into a contract for those 
     services and deliverables to the applicant tribe and the 
     Secretary; and
       ``(B) not later than the date that is 180 days after the 
     date on which the applicant tribe and the Secretary of the 
     Interior receive the notice, the contract between the 
     applicant tribe and the Secretary of the Interior for the 
     services or deliverables shall terminate.''.

     SEC. 4. INDIAN AND FEDERAL LAND MANAGEMENT DEMONSTRATION 
                   PROJECT.

       Section 403 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458cc) is amended by adding at the 
     end the following:
       ``(m) Indian and Federal Land Management Demonstration 
     Project.--
       ``(1) Definitions.--In this subsection:
       ``(A) Federal land.--
       ``(i) In general.--The term `Federal land' means any land 
     or interest in or to land owned by the United States.
       ``(ii) Inclusion.--The term `Federal land' includes a 
     leasehold interest held by the United States.
       ``(iii) Exclusion.--The term `Federal land' does not 
     include land held in trust by the United States for the 
     benefit of an Indian tribe.
       ``(B) Project.--The term `project' means the Indian and 
     Federal Land Management Demonstration Project established 
     under paragraph (2).
       ``(C) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(2) Establishment.--The Secretary shall establish a 
     demonstration project, to be known as the `Indian and Federal 
     Land Management Demonstration Project', to enter into 
     contracts with Indian tribes or tribal organizations under 
     which the Indian tribes or tribal organizations shall carry 
     out activities relating to Federal land management, 
     including--
       ``(A) archaeological, anthropological, and cultural surveys 
     and analyses; and
       ``(B) activities relating to the identification, 
     maintenance, or protection of land considered to have 
     religious, ceremonial, or cultural significance to the Indian 
     tribe or tribal organization.
       ``(3) Participation.--During each of the 2 fiscal years 
     after the date of enactment of this subsection, the Secretary 
     shall select not less than 12 eligible Indian tribes or 
     tribal organizations to participate in the project.
       ``(4) Eligibility.--To be eligible to participate in the 
     project, an Indian tribe or tribal organization, shall--
       ``(A) request participation by resolution or other official 
     action of the governing body of the Indian tribe or tribal 
     organization;
       ``(B) with respect to the 3 fiscal years immediately 
     preceding the fiscal year for which participation is 
     requested, demonstrate financial stability and financial 
     management capability by showing that there were no 
     unresolved significant and material audit exceptions in the 
     required annual audit of the self-determination contracts of 
     the Indian tribe or tribal organization;
       ``(C) demonstrate significant use of or dependency on the 
     relevant conservation system unit or other public land unit 
     for which programs, functions, services, and activities are 
     requested to be placed under contract with respect to the 
     project; and
       ``(D) before entering into any contract described in 
     paragraph (6), complete a planning phase described in 
     paragraph (5).
       ``(5) Planning phase.--Not later than 1 year after the date 
     on which the Secretary selects an Indian tribe or tribal 
     organization to participate in the project, the Indian tribe 
     or tribal organization shall complete, to the satisfaction of 
     the Indian tribe or tribal organization, a planning phase 
     that includes--
       ``(A) legal and budgetary research; and
       ``(B) internal tribal planning and organizational 
     preparation.
       ``(6) Contracts.--
       ``(A) In general.--On request by an Indian tribe or tribal 
     organization that meets the eligibility criteria specified in 
     paragraph (4), the Secretary shall negotiate and enter into a 
     contract with the Indian tribe or tribal organization under 
     which the Indian tribe or tribal organization shall plan, 
     conduct, and administer programs, services, functions, and 
     activities (or portions of programs, services, functions, and 
     activities) requested by the Indian tribe or tribal 
     organization that relate to--
       ``(i) archaeological, anthropological, and cultural surveys 
     and analyses; and
       ``(ii) the identification, maintenance, or protection of 
     land considered to have religious, ceremonial, or cultural 
     significance to the Indian tribe or tribal organization.
       ``(B) Time limitation for negotiation of contracts.--Not 
     later than 90 days after a participating Indian tribe or 
     tribal organization notifies the Secretary of completion by 
     the Indian tribe or tribal organization of the planning phase 
     described in paragraph (5), the Secretary shall initiate and 
     conclude negotiations with respect to a contract described in 
     subparagraph (A) (unless an alternative negotiation and 
     implementation schedule is agreed to by the Secretary and the 
     Indian tribe or tribal organization).
       ``(C) Implementation.--An Indian tribe or tribal 
     organization that enters into a contract under this paragraph 
     shall begin implementation of the contract--
       ``(i) not later than October 1 of the fiscal year following 
     the fiscal year in which the Indian tribe or tribal 
     organization completes the planning phase under paragraph 
     (5); or
       ``(ii) in accordance with an alternative implementation 
     schedule agreed to under subparagraph (B).
       ``(D) Term.--A contract entered into under this paragraph 
     may have a term of not to exceed 5 fiscal years, beginning 
     with the fiscal year in which the contract is entered into.
       ``(E) Declination and appeals provisions.--The provisions 
     of this Act relating to declination and appeals of contracts, 
     including section 110, shall apply to a contract negotiated 
     under this paragraph.
       ``(7) Administration of contracts.--
       ``(A) Inclusion of certain terms.--
       ``(i) In general.--At the request of an Indian tribe or 
     tribal organization, the benefits, privileges, terms, and 
     conditions of agreements entered into in accordance with this 
     Act, and such other terms and conditions as are mutually 
     agreed to and not otherwise contrary to law, may be included 
     in a contract entered into under paragraph (6).
       ``(ii) Force and effect.--If any provision of this Act is 
     incorporated in a contract under clause (i), the provision 
     shall--

       ``(I) have the same force and effect as under this Act; and
       ``(II) apply notwithstanding any other provision of law.

       ``(B) Audit.--A contract entered into under paragraph (6) 
     shall provide for a single-agency audit report to be filed in 
     accordance with chapter 75 of title 31, United States Code.
       ``(C) Transfer of employees.--
       ``(i) In general.--A Federal employee employed at the time 
     of transfer of administrative responsibility for a program, 
     service, function, or activity to an Indian tribe or tribal 
     organization under this subsection shall not be separated 
     from Federal service by reason of the transfer.
       ``(ii) Intergovernmental actions.--An intergovernmental 
     personnel action may be used to transfer supervision of a 
     Federal employee described in clause (i) to an Indian tribe 
     or tribal organization.
       ``(iii) Treatment of transferred employees.--
     Notwithstanding any priority reemployment list, directive, 
     rule, regulation, or other order from the Department of the 
     Interior, the Office of Management and Budget, or any other 
     Federal agency, a Federal employee described in clause (i) 
     shall be given priority placement for any available position 
     within the respective agency of the employee.
       ``(8) Funding and payments.--A contract entered into under 
     paragraph (6) shall provide that, with respect to the 
     transfer of administrative responsibility for each program, 
     service, function, and activity covered by the contract--
       ``(A) for each fiscal year during which the contract is in 
     effect, the Secretary shall provide to the Indian tribe or 
     tribal organization that is a party to the contract funds in 
     an amount that is at least equal to the amount that the 
     Secretary would have otherwise expended in carrying out the 
     program, service, function, or activity for the fiscal year; 
     and
       ``(B) funds provided to an Indian tribe or tribal 
     organization under subparagraph (A) shall be paid by the 
     Secretary by such date before the beginning of the applicable 
     fiscal year as the Secretary and the Indian tribe or tribal 
     organization may jointly determine, in the form of annual or 
     semiannual installments.
       ``(9) Planning grants.--
       ``(A) In general.--Subject to the availability of 
     appropriations, on application by an Indian tribe or tribal 
     organization that is a participant in the project, the 
     Secretary

[[Page S1892]]

     shall provide to the Indian tribe or tribal organization a 
     grant in the amount of $100,000 to assist the Indian tribe or 
     tribal organization in--
       ``(i) completing the planning phase described in paragraph 
     (5); and
       ``(ii) planning for the contracting of programs, functions, 
     services, and activities in accordance with a contract 
     entered into under paragraph (6).
       ``(B) No requirement of grant.--An Indian tribe or tribal 
     organization may carry out responsibilities of the Indian 
     tribe or tribal organization described in subparagraph (A) 
     without applying for a grant under this paragraph.
       ``(C) Limitation on grants.--No Indian tribe or tribal 
     organization may receive more than 1 grant under this 
     paragraph.
       ``(D) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this paragraph 
     such sums as are necessary for each of the 2 fiscal years 
     following the fiscal year in which this subsection is 
     enacted.
       ``(10) Report.--Not later than 90 days after each of 
     December 31, 2003, and December 31, 2006, the Secretary shall 
     submit to Congress a detailed report on the project, 
     including--
       ``(A) a description of the project;
       ``(B) findings with respect to the project; and
       ``(C) an analysis of the costs and benefits of the 
     project.''.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Baucus, Mr. McCain, Mr. 
        Rockefeller, Mr. Hatch, Mr. Conrad, Mr. DeWine, Mr. Graham of 
        Florida, Mr. Smith, Mr. Bingaman, Mr. Allard, Mrs. Lincoln, Mr. 
        Warner, Mr. Johnson, Mr. Harkin, Mr. Durbin, and Ms. Landrieu):
  S. 289. A bill to amend the Internal Revenue Code of 1986 to improve 
tax equity for military personnel, and for other purposes; to the 
Committee on Finance.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 289

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``Armed 
     Forces Tax Fairness Act of 2003''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; etc.

          TITLE I--IMPROVING TAX EQUITY FOR MILITARY PERSONNEL

Sec. 101. Exclusion of gain from sale of a principal residence by a 
              member of the uniformed services or the Foreign Service.
Sec. 102. Exclusion from gross income of certain death gratuity 
              payments.
Sec. 103. Exclusion for amounts received under Department of Defense 
              Homeowners Assistance Program.
Sec. 104. Expansion of combat zone filing rules to contingency 
              operations.
Sec. 105. Modification of membership requirement for exemption from tax 
              for certain veterans' organizations.
Sec. 106. Clarification of treatment of certain dependent care 
              assistance programs.
Sec. 107. Clarification relating to exception from additional tax on 
              certain distributions from qualified tuition programs, 
              etc. on account of attendance at military academy.
Sec. 108. Suspension of tax-exempt status of terrorist organizations.
Sec. 109. Above-the-line deduction for overnight travel expenses of 
              National Guard and Reserve members.

                       TITLE II--OTHER PROVISIONS

Sec. 201. Extension of IRS user fees.
Sec. 202. Partial payment of tax liability in installment agreements.
Sec. 203. Revision of tax rules on expatriation.
Sec. 204. Protection of social security.

          TITLE I--IMPROVING TAX EQUITY FOR MILITARY PERSONNEL

     SEC. 101. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL 
                   RESIDENCE BY A MEMBER OF THE UNIFORMED SERVICES 
                   OR THE FOREIGN SERVICE.

       (a) In General.--Subsection (d) of section 121 (relating to 
     exclusion of gain from sale of principal residence) is 
     amended by redesignating paragraph (9) as paragraph (10) and 
     by inserting after paragraph (8) the following new paragraph:
       ``(9) Members of uniformed services and foreign service.--
       ``(A) In general.--At the election of an individual with 
     respect to a property, the running of the 5-year period 
     described in subsections (a) and (c)(1)(B) and paragraph (7) 
     of this subsection with respect to such property shall be 
     suspended during any period that such individual or such 
     individual's spouse is serving on qualified official extended 
     duty as a member of the uniformed services or of the Foreign 
     Service of the United States.
       ``(B) Maximum period of suspension.--The 5-year period 
     described in subsection (a) shall not be extended more than 
     10 years by reason of subparagraph (A).
       ``(C) Qualified official extended duty.--For purposes of 
     this paragraph--
       ``(i) In general.--The term `qualified official extended 
     duty' means any extended duty while serving at a duty station 
     which is at least 50 miles from such property or while 
     residing under Government orders in Government quarters.
       ``(ii) Uniformed services.--The term `uniformed services' 
     has the meaning given such term by section 101(a)(5) of title 
     10, United States Code, as in effect on the date of the 
     enactment of this paragraph.
       ``(iii) Foreign service of the united states.--The term 
     `member of the Foreign Service of the United States' has the 
     meaning given the term `member of the Service' by paragraph 
     (1), (2), (3), (4), or (5) of section 103 of the Foreign 
     Service Act of 1980, as in effect on the date of the 
     enactment of this paragraph.
       ``(iv) Extended duty.--The term `extended duty' means any 
     period of active duty pursuant to a call or order to such 
     duty for a period in excess of 90 days or for an indefinite 
     period.
       ``(D) Special rules relating to election.--
       ``(i) Election limited to 1 property at a time.--An 
     election under subparagraph (A) with respect to any property 
     may not be made if such an election is in effect with respect 
     to any other property.
       ``(ii) Revocation of election.--An election under 
     subparagraph (A) may be revoked at any time.''.
       (b) Effective Date; Special Rule.--
       (1) Effective date.--The amendments made by this section 
     shall take effect as if included in the amendments made by 
     section 312 of the Taxpayer Relief Act of 1997.
       (2) Waiver of limitations.--If refund or credit of any 
     overpayment of tax resulting from the amendments made by this 
     section is prevented at any time before the close of the 1-
     year period beginning on the date of the enactment of this 
     Act by the operation of any law or rule of law (including res 
     judicata), such refund or credit may nevertheless be made or 
     allowed if claim therefor is filed before the close of such 
     period.

     SEC. 102. EXCLUSION FROM GROSS INCOME OF CERTAIN DEATH 
                   GRATUITY PAYMENTS.

       (a) In General.--Subsection (b)(3) of section 134 (relating 
     to certain military benefits) is amended by adding at the end 
     the following new subparagraph:
       ``(C) Exception for death gratuity adjustments made by 
     law.--Subparagraph (A) shall not apply to any adjustment to 
     the amount of death gratuity payable under chapter 75 of 
     title 10, United States Code, which is pursuant to a 
     provision of law enacted after September 9, 1986.''.
       (b) Conforming Amendment.--Subparagraph (A) of section 
     134(b)(3) is amended by striking ``subparagraph (B)'' and 
     inserting ``subparagraphs (B) and (C)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to deaths occurring after September 
     10, 2001.

     SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED UNDER DEPARTMENT OF 
                   DEFENSE HOMEOWNERS ASSISTANCE PROGRAM.

       (a) In General.--Section 132(a) (relating to the exclusion 
     from gross income of certain fringe benefits) is amended by 
     striking ``or'' at the end of paragraph (6), by striking the 
     period at the end of paragraph (7) and inserting ``, or'', 
     and by adding at the end the following new paragraph:
       ``(8) qualified military base realignment and closure 
     fringe.''.
       (b) Qualified Military Base Realignment and Closure 
     Fringe.--Section 132 is amended by redesignating subsection 
     (n) as subsection (o) and by inserting after subsection (m) 
     the following new subsection:
       ``(n) Qualified Military Base Realignment and Closure 
     Fringe.--For purposes of this section--
       ``(1) In general.--The term `qualified military base 
     realignment and closure fringe' means 1 or more payments 
     under the authority of section 1013 of the Demonstration 
     Cities and Metropolitan Development Act of 1966 (42 U.S.C. 
     3374) (as in effect on the date of the enactment of this 
     subsection) to offset the adverse effects on housing values 
     as a result of a military base realignment or closure.
       ``(2) Limitation.--With respect to any property, such term 
     shall not include any payment referred to in paragraph (1) to 
     the extent that the sum of all of such payments related to 
     such property exceeds the amount described in clause (1) of 
     subsection (c) of such section (as in effect on such 
     date).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to payments made after the date of the enactment 
     of this Act.

[[Page S1893]]

     SEC. 104. EXPANSION OF COMBAT ZONE FILING RULES TO 
                   CONTINGENCY OPERATIONS.

       (a) In General.--Section 7508(a) (relating to time for 
     performing certain acts postponed by reason of service in 
     combat zone) is amended--
       (1) by inserting ``, or when deployed outside the United 
     States away from the individual's permanent duty station 
     while participating in an operation designated by the 
     Secretary of Defense as a contingency operation (as defined 
     in section 101(a)(13) of title 10, United States Code) or 
     which became such a contingency operation by operation of 
     law'' after ``section 112'',
       (2) by inserting in the first sentence ``or at any time 
     during the period of such contingency operation'' after ``for 
     purposes of such section'',
       (3) by inserting ``or operation'' after ``such an area'', 
     and
       (4) by inserting ``or operation'' after ``such area''.
       (b) Conforming Amendments.--
       (1) Section 7508(d) is amended by inserting ``or 
     contingency operation'' after ``area''.
       (2) The heading for section 7508 is amended by inserting 
     ``or contingency operation'' after ``combat zone''.
       (3) The item relating to section 7508 in the table of 
     sections for chapter 77 is amended by inserting ``OR 
     CONTINGENCY OPERATION'' after ``COMBAT ZONE''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any period for performing an act which has not 
     expired before the date of the enactment of this Act.

     SEC. 105. MODIFICATION OF MEMBERSHIP REQUIREMENT FOR 
                   EXEMPTION FROM TAX FOR CERTAIN VETERANS' 
                   ORGANIZATIONS.

       (a) In General.--Subparagraph (B) of section 501(c)(19) 
     (relating to list of exempt organizations) is amended by 
     striking ``or widowers'' and inserting ``, widowers, 
     ancestors, or lineal descendants''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 106. CLARIFICATION OF THE TREATMENT OF CERTAIN DEPENDENT 
                   CARE ASSISTANCE PROGRAMS.

       (a) In General.--Section 134(b) (defining qualified 
     military benefit) is amended by adding at the end the 
     following new paragraph:
       ``(4) Clarification of certain benefits.--For purposes of 
     paragraph (1), such term includes any dependent care 
     assistance program (as in effect on the date of the enactment 
     of this paragraph) for any individual described in paragraph 
     (1)(A).''.
       (b) Conforming Amendments.--
       (1) Section 134(b)(3)(A), as amended by section 102, is 
     amended by inserting ``and paragraph (4)'' after 
     ``subparagraphs (B) and (C)''.
       (2) Section 3121(a)(18) is amended by striking ``or 129'' 
     and inserting ``, 129, or 134(b)(4)''.
       (3) Section 3306(b)(13) is amended by striking ``or 129'' 
     and inserting ``, 129, or 134(b)(4)''.
       (4) Section 3401(a)(18) is amended by striking ``or 129'' 
     and inserting ``, 129, or 134(b)(4)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.
       (d) No Inference.--No inference may be drawn from the 
     amendments made by this section with respect to the tax 
     treatment of any amounts under the program described in 
     section 134(b)(4) of the Internal Revenue Code of 1986 (as 
     added by this section) for any taxable year beginning before 
     January 1, 2002.

     SEC. 107. CLARIFICATION RELATING TO EXCEPTION FROM ADDITIONAL 
                   TAX ON CERTAIN DISTRIBUTIONS FROM QUALIFIED 
                   TUITION PROGRAMS, ETC. ON ACCOUNT OF ATTENDANCE 
                   AT MILITARY ACADEMY.

       (a) In General.--Subparagraph (B) of section 530(d)(4) 
     (relating to exceptions from additional tax for distributions 
     not used for educational purposes) is amended by striking 
     ``or'' at the end of clause (iii), by redesignating clause 
     (iv) as clause (v), and by inserting after clause (iii) the 
     following new clause:
       ``(iv) made on account of the attendance of the account 
     holder at the United States Military Academy, the United 
     States Naval Academy, the United States Air Force Academy, 
     the United States Coast Guard Academy, or the United States 
     Merchant Marine Academy, to the extent that the amount of the 
     payment or distribution does not exceed the costs of advanced 
     education (as defined by section 2005(e)(3) of title 10, 
     United States Code, as in effect on the date of the enactment 
     of this section) attributable to such attendance, or''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.

     SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS OF TERRORIST 
                   ORGANIZATIONS.

       (a) In General.--Section 501 (relating to exemption from 
     tax on corporations, certain trusts, etc.) is amended by 
     redesignating subsection (p) as subsection (q) and by 
     inserting after subsection (o) the following new subsection:
       ``(p) Suspension of Tax-Exempt Status of Terrorist 
     Organizations.--
       ``(1) In general.--The exemption from tax under subsection 
     (a) with respect to any organization described in paragraph 
     (2), and the eligibility of any organization described in 
     paragraph (2) to apply for recognition of exemption under 
     subsection (a), shall be suspended during the period 
     described in paragraph (3).
       ``(2) Terrorist organizations.--An organization is 
     described in this paragraph if such organization is 
     designated or otherwise individually identified--
       ``(A) under section 212(a)(3)(B)(vi)(II) or 219 of the 
     Immigration and Nationality Act as a terrorist organization 
     or foreign terrorist organization,
       ``(B) in or pursuant to an Executive order which is related 
     to terrorism and issued under the authority of the 
     International Emergency Economic Powers Act or section 5 of 
     the United Nations Participation Act of 1945 for the purpose 
     of imposing on such organization an economic or other 
     sanction, or
       ``(C) in or pursuant to an Executive order issued under the 
     authority of any Federal law if--
       ``(i) the organization is designated or otherwise 
     individually identified in or pursuant to such Executive 
     order as supporting or engaging in terrorist activity (as 
     defined in section 212(a)(3)(B) of the Immigration and 
     Nationality Act) or supporting terrorism (as defined in 
     section 140(d)(2) of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989); and
       ``(ii) such Executive order refers to this subsection.
       ``(3) Period of suspension.--With respect to any 
     organization described in paragraph (2), the period of 
     suspension--
       ``(A) begins on the date of the first publication of a 
     designation or identification described in paragraph (2) with 
     respect to such organization, and
       ``(B) ends on the first date that all designations and 
     identifications described in paragraph (2) with respect to 
     such organization are rescinded pursuant to the law or 
     Executive order under which such designation or 
     identification was made.
       ``(4) Denial of tax benefits.--No exclusion, credit, or 
     deduction shall be allowed under any provision of this title 
     with respect to any contribution to an organization described 
     in paragraph (2) during the period described in paragraph 
     (3).
       ``(5) Denial of administrative or judicial challenge of 
     suspension or denial of deduction.--Notwithstanding section 
     7428 or any other provision of law, no organization or other 
     person may challenge a suspension under paragraph (1), a 
     designation or identification described in paragraph (2), the 
     period of suspension described in paragraph (3), or a denial 
     of a deduction under paragraph (4) in any administrative or 
     judicial proceeding relating to the Federal tax liability of 
     such organization or other person.
       ``(6) Erroneous designation.--
       ``(A) In general.--If--
       ``(i) the tax exemption of any organization described in 
     paragraph (2) is suspended under paragraph (1),
       ``(ii) each designation and identification described in 
     paragraph (2) which has been made with respect to such 
     organization is determined to be erroneous pursuant to the 
     law or Executive order under which such designation or 
     identification was made, and
       ``(iii) the erroneous designations and identifications 
     result in an overpayment of income tax for any taxable year 
     by such organization,

     credit or refund (with interest) with respect to such 
     overpayment shall be made.
       ``(B) Waiver of limitations.--If the credit or refund of 
     any overpayment of tax described in subparagraph (A)(iii) is 
     prevented at any time by the operation of any law or rule of 
     law (including res judicata), such credit or refund may 
     nevertheless be allowed or made if the claim therefor is 
     filed before the close of the 1-year period beginning on the 
     date of the last determination described in subparagraph 
     (A)(ii).
       ``(7) Notice of Suspensions.--If the tax exemption of any 
     organization is suspended under this subsection, the Internal 
     Revenue Service shall update the listings of tax-exempt 
     organizations and shall publish appropriate notice to 
     taxpayers of such suspension and of the fact that 
     contributions to such organization are not deductible during 
     the period of such suspension.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 109. ABOVE-THE-LINE DEDUCTION FOR OVERNIGHT TRAVEL 
                   EXPENSES OF NATIONAL GUARD AND RESERVE MEMBERS.

       (a) Deduction Allowed.--Section 162 (relating to certain 
     trade or business expenses) is amended by redesignating 
     subsection (p) as subsection (q) and inserting after 
     subsection (o) the following new subsection:
       ``(p) Treatment of Expenses of Members of Reserve Component 
     of Armed Forces of the United States.--For purposes of 
     subsection (a)(2), in the case of an individual who performs 
     services as a member of a reserve component of the Armed 
     Forces of the United States at any time during the taxable 
     year, such individual shall be deemed to be away from home in 
     the pursuit of a trade or business for any period during 
     which such individual is away from home in connection with 
     such service.''.
       (b) Deduction Allowed Whether or Not Taxpayer Elects To 
     Itemize.--Section 62(a)(2) (relating to certain trade and 
     business deductions of employees) is amended by adding at the 
     end the following new subparagraph:
       ``(E) Certain expenses of members of reserve components of 
     the armed forces of

[[Page S1894]]

     the united states.--The deductions allowed by section 162 
     which consist of expenses, determined at a rate not in excess 
     of the rates for travel expenses (including per diem in lieu 
     of subsistence) authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     paid or incurred by the taxpayer in connection with the 
     performance of services by such taxpayer as a member of a 
     reserve component of the Armed Forces of the United States 
     for any period during which such individual is more than 100 
     miles away from home in connection with such services.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2002.

                       TITLE II--OTHER PROVISIONS

     SEC. 201. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.

       (a) In General.--Chapter 77 (relating to miscellaneous 
     provisions) is amended by adding at the end the following new 
     section:

     ``SEC. 7528. INTERNAL REVENUE SERVICE USER FEES.

       ``(a) General Rule.--The Secretary shall establish a 
     program requiring the payment of user fees for--
       ``(1) requests to the Internal Revenue Service for ruling 
     letters, opinion letters, and determination letters, and
       ``(2) other similar requests.
       ``(b) Program Criteria.--
       ``(1) In general.--The fees charged under the program 
     required by subsection (a)--
       ``(A) shall vary according to categories (or subcategories) 
     established by the Secretary,
       ``(B) shall be determined after taking into account the 
     average time for (and difficulty of) complying with requests 
     in each category (and subcategory), and
       ``(C) shall be payable in advance.
       ``(2) Exemptions, etc.--
       ``(A) In general.--The Secretary shall provide for such 
     exemptions (and reduced fees) under such program as the 
     Secretary determines to be appropriate.
       ``(B) Exemption for certain requests regarding pension 
     plans.--The Secretary shall not require payment of user fees 
     under such program for requests for determination letters 
     with respect to the qualified status of a pension benefit 
     plan maintained solely by 1 or more eligible employers or any 
     trust which is part of the plan. The preceding sentence shall 
     not apply to any request--
       ``(i) made after the later of--

       ``(I) the fifth plan year the pension benefit plan is in 
     existence, or
       ``(II) the end of any remedial amendment period with 
     respect to the plan beginning within the first 5 plan years, 
     or

       ``(ii) made by the sponsor of any prototype or similar plan 
     which the sponsor intends to market to participating 
     employers.
       ``(C) Definitions and special rules.--For purposes of 
     subparagraph (B)--
       ``(i) Pension benefit plan.--The term `pension benefit 
     plan' means a pension, profit-sharing, stock bonus, annuity, 
     or employee stock ownership plan.
       ``(ii) Eligible employer.--The term `eligible employer' 
     means an eligible employer (as defined in section 
     408(p)(2)(C)(i)(I)) which has at least 1 employee who is not 
     a highly compensated employee (as defined in section 414(q)) 
     and is participating in the plan. The determination of 
     whether an employer is an eligible employer under 
     subparagraph (B) shall be made as of the date of the request 
     described in such subparagraph.
       ``(iii) Determination of average fees charged.--For 
     purposes of any determination of average fees charged, any 
     request to which subparagraph (B) applies shall not be taken 
     into account.
       ``(3) Average fee requirement.--The average fee charged 
     under the program required by subsection (a) shall not be 
     less than the amount determined under the following table:

                                                                Average
``Category                                                          Fee
  Employee plan ruling and opinion............................$250 ....

  Exempt organization ruling..................................$350 ....

  Employee plan determination.................................$300 ....

  Exempt organization determination...........................$275 ....

  Chief counsel ruling........................................$200.....

       ``(c) Termination.--No fee shall be imposed under this 
     section with respect to requests made after September 30, 
     2013.''.
       (b) Conforming Amendments.--
       (1) The table of sections for chapter 77 is amended by 
     adding at the end the following new item:

``Sec. 7528. Internal Revenue Service user fees.''.
       (2) Section 10511 of the Revenue Act of 1987 is repealed.
       (3) Section 620 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is repealed.
       (c) Limitations.--Notwithstanding any other provision of 
     law, any fees collected pursuant to section 7528 of the 
     Internal Revenue Code of 1986, as added by subsection (a), 
     shall not be expended by the Internal Revenue Service unless 
     provided by an appropriations Act.
       (d) Effective Date.--The amendments made by this section 
     shall apply to requests made after the date of the enactment 
     of this Act.

     SEC. 202. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT 
                   AGREEMENTS.

       (a) In General.--
       (1) Section 6159(a) (relating to authorization of 
     agreements) is amended--
       (A) by striking ``satisfy liability for payment of'' and 
     inserting ``make payment on'', and
       (B) by inserting ``full or partial'' after ``facilitate''.
       (2) Section 6159(c) (relating to Secretary required to 
     enter into installment agreements in certain cases) is 
     amended in the matter preceding paragraph (1) by inserting 
     ``full'' before ``payment''.
       (b) Requirement To Review Partial Payment Agreements Every 
     Two Years.--Section 6159 is amended by redesignating 
     subsections (d) and (e) as subsections (e) and (f), 
     respectively, and inserting after subsection (c) the 
     following new subsection:
       ``(d) Secretary Required To Review Installment Agreements 
     for Partial Collection Every Two Years.--In the case of an 
     agreement entered into by the Secretary under subsection (a) 
     for partial collection of a tax liability, the Secretary 
     shall review the agreement at least once every 2 years.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to agreements entered into on or after the date 
     of the enactment of this Act.

     SEC. 203. REVISION OF TAX RULES ON EXPATRIATION.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 is amended by inserting after section 877 the 
     following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--Except as provided in subsections 
     (d) and (f), all property of a covered expatriate to whom 
     this section applies shall be treated as sold on the day 
     before the expatriation date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.

     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence.
       ``(3) Exclusion for certain gain.--
       ``(A) In general.--The amount which, but for this 
     paragraph, would be includible in the gross income of any 
     individual by reason of this section shall be reduced (but 
     not below zero) by $600,000. For purposes of this paragraph, 
     allocable expatriation gain taken into account under 
     subsection (f)(2) shall be treated in the same manner as an 
     amount required to be includible in gross income.
       ``(B) Cost-of-living adjustment.--
       ``(i) In general.--In the case of an expatriation date 
     occurring in any calendar year after 2003, the $600,000 
     amount under subparagraph (A) shall be increased by an amount 
     equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for such calendar year, determined by 
     substituting `calendar year 2002' for `calendar year 1992' in 
     subparagraph (B) thereof.

       ``(ii) Rounding rules.--If any amount after adjustment 
     under clause (i) is not a multiple of $1,000, such amount 
     shall be rounded to the next lower multiple of $1,000.
       ``(4) Election to continue to be taxed as united states 
     citizen.--
       ``(A) In general.--If a covered expatriate elects the 
     application of this paragraph--
       ``(i) this section (other than this paragraph and 
     subsection (i)) shall not apply to the expatriate, but
       ``(ii) in the case of property to which this section would 
     apply but for such election, the expatriate shall be subject 
     to tax under this title in the same manner as if the 
     individual were a United States citizen.
       ``(B) Requirements.--Subparagraph (A) shall not apply to an 
     individual unless the individual--
       ``(i) provides security for payment of tax in such form and 
     manner, and in such amount, as the Secretary may require,
       ``(ii) consents to the waiver of any right of the 
     individual under any treaty of the United States which would 
     preclude assessment or collection of any tax which may be 
     imposed by reason of this paragraph, and
       ``(iii) complies with such other requirements as the 
     Secretary may prescribe.
       ``(C) Election.--An election under subparagraph (A) shall 
     apply to all property to which this section would apply but 
     for the election and, once made, shall be irrevocable. Such 
     election shall also apply to property the basis of which is 
     determined in whole or in part by reference to the property 
     with respect to which the election was made.
       ``(b) Election To Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the payment of the 
     additional tax attributable to such property shall be 
     postponed until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1),

[[Page S1895]]

     the additional tax attributable to any property is an amount 
     which bears the same ratio to the additional tax imposed by 
     this chapter for the taxable year solely by reason of 
     subsection (a) as the gain taken into account under 
     subsection (a) with respect to such property bears to the 
     total gain taken into account under subsection (a) with 
     respect to all property to which subsection (a) applies.
       ``(3) Termination of postponement.--No tax may be postponed 
     under this subsection later than the due date for the return 
     of tax imposed by this chapter for the taxable year which 
     includes the date of death of the expatriate (or, if earlier, 
     the time that the security provided with respect to the 
     property fails to meet the requirements of paragraph (4), 
     unless the taxpayer corrects such failure within the time 
     specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided to the Secretary with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond in an amount equal to the deferred tax 
     amount under paragraph (2) for the property, or
       ``(ii) the taxpayer otherwise establishes to the 
     satisfaction of the Secretary that the security is adequate.
       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer consents to the 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable. An election may be made under paragraph 
     (1) with respect to an interest in a trust with respect to 
     which gain is required to be recognized under subsection 
     (f)(1).
       ``(7) Interest.--For purposes of section 6601--
       ``(A) the last date for the payment of tax shall be 
     determined without regard to the election under this 
     subsection, and
       ``(B) section 6621(a)(2) shall be applied by substituting 
     `5 percentage points' for `3 percentage points' in 
     subparagraph (B) thereof.
       ``(c) Covered Expatriate.--For purposes of this section--
       ``(1) In general.--Except as provided in paragraph (2), the 
     term `covered expatriate' means an expatriate.
       ``(2) Exceptions.--An individual shall not be treated as a 
     covered expatriate if--
       ``(A) the individual--
       ``(i) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(ii) has not been a resident of the United States (as 
     defined in section 7701(b)(1)(A)(ii)) during the 5 taxable 
     years ending with the taxable year during which the 
     expatriation date occurs, or
       ``(B)(i) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(ii) the individual has been a resident of the United 
     States (as so defined) for not more than 5 taxable years 
     before the date of relinquishment.
       ``(d) Exempt Property; Special Rules for Pension Plans.--
       ``(1) Exempt property.--This section shall not apply to the 
     following:
       ``(A) United states real property interests.--Any United 
     States real property interest (as defined in section 
     897(c)(1)), other than stock of a United States real property 
     holding corporation which does not, on the day before the 
     expatriation date, meet the requirements of section 
     897(c)(2).
       ``(B) Specified property.--Any property or interest in 
     property not described in subparagraph (A) which the 
     Secretary specifies in regulations.
       ``(2) Special rules for certain retirement plans.--
       ``(A) In general.--If a covered expatriate holds on the day 
     before the expatriation date any interest in a retirement 
     plan to which this paragraph applies--
       ``(i) such interest shall not be treated as sold for 
     purposes of subsection (a)(1), but
       ``(ii) an amount equal to the present value of the 
     expatriate's nonforfeitable accrued benefit shall be treated 
     as having been received by such individual on such date as a 
     distribution under the plan.
       ``(B) Treatment of subsequent distributions.--In the case 
     of any distribution on or after the expatriation date to or 
     on behalf of the covered expatriate from a plan from which 
     the expatriate was treated as receiving a distribution under 
     subparagraph (A), the amount otherwise includible in gross 
     income by reason of the subsequent distribution shall be 
     reduced by the excess of the amount includible in gross 
     income under subparagraph (A) over any portion of such amount 
     to which this subparagraph previously applied.
       ``(C) Treatment of subsequent distributions by plan.--For 
     purposes of this title, a retirement plan to which this 
     paragraph applies, and any person acting on the plan's 
     behalf, shall treat any subsequent distribution described in 
     subparagraph (B) in the same manner as such distribution 
     would be treated without regard to this paragraph.
       ``(D) Applicable plans.--This paragraph shall apply to--
       ``(i) any qualified retirement plan (as defined in section 
     4974(c)),
       ``(ii) an eligible deferred compensation plan (as defined 
     in section 457(b)) of an eligible employer described in 
     section 457(e)(1)(A), and
       ``(iii) to the extent provided in regulations, any foreign 
     pension plan or similar retirement arrangements or programs.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes 
     citizenship, and
       ``(B) any long-term resident of the United States who--
       ``(i) ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)), or
       ``(ii) commences to be treated as a resident of a foreign 
     country under the provisions of a tax treaty between the 
     United States and the foreign country and who does not waive 
     the benefits of such treaty applicable to residents of the 
     foreign country.
       ``(2) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date of the event described in clause (i) or (ii) 
     of paragraph (1)(B).
       ``(3) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces such individual's 
     United States nationality before a diplomatic or consular 
     officer of the United States pursuant to paragraph (5) of 
     section 349(a) of the Immigration and Nationality Act (8 
     U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.

     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(4) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(f) Special Rules Applicable to Beneficiaries' Interests 
     in Trust.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     an individual is determined under paragraph (3) to hold an 
     interest in a trust on the day before the expatriation date--
       ``(A) the individual shall not be treated as having sold 
     such interest,
       ``(B) such interest shall be treated as a separate share in 
     the trust, and
       ``(C)(i) such separate share shall be treated as a separate 
     trust consisting of the assets allocable to such share,
       ``(ii) the separate trust shall be treated as having sold 
     its assets on the day before the expatriation date for their 
     fair market value and as having distributed all of its assets 
     to the individual as of such time, and
       ``(iii) the individual shall be treated as having 
     recontributed the assets to the separate trust.

     Subsection (a)(2) shall apply to any income, gain, or loss of 
     the individual arising from a distribution described in 
     subparagraph (C)(ii). In determining the amount of such 
     distribution, proper adjustments shall be made for 
     liabilities of the trust allocable to an individual's share 
     in the trust.
       ``(2) Special rules for interests in qualified trusts.--
       ``(A) In general.--If the trust interest described in 
     paragraph (1) is an interest in a qualified trust--
       ``(i) paragraph (1) and subsection (a) shall not apply, and
       ``(ii) in addition to any other tax imposed by this title, 
     there is hereby imposed on each distribution with respect to 
     such interest a tax in the amount determined under 
     subparagraph (B).
       ``(B) Amount of tax.--The amount of tax under subparagraph 
     (A)(ii) shall be equal to the lesser of--
       ``(i) the highest rate of tax imposed by section 1(e) for 
     the taxable year which includes the day before the 
     expatriation date, multiplied by the amount of the 
     distribution, or
       ``(ii) the balance in the deferred tax account immediately 
     before the distribution determined without regard to any 
     increases under subparagraph (C)(ii) after the 30th day 
     preceding the distribution.
       ``(C) Deferred tax account.--For purposes of subparagraph 
     (B)(ii)--
       ``(i) Opening balance.--The opening balance in a deferred 
     tax account with respect to any trust interest is an amount 
     equal to the tax which would have been imposed on the 
     allocable expatriation gain with respect to the trust 
     interest if such gain had been included in gross income under 
     subsection (a).

[[Page S1896]]

       ``(ii) Increase for interest.--The balance in the deferred 
     tax account shall be increased by the amount of interest 
     determined (on the balance in the account at the time the 
     interest accrues), for periods after the 90th day after the 
     expatriation date, by using the rates and method applicable 
     under section 6621 for underpayments of tax for such periods, 
     except that section 6621(a)(2) shall be applied by 
     substituting `5 percentage points' for `3 percentage points' 
     in subparagraph (B) thereof.
       ``(iii) Decrease for taxes previously paid.--The balance in 
     the tax deferred account shall be reduced--

       ``(I) by the amount of taxes imposed by subparagraph (A) on 
     any distribution to the person holding the trust interest, 
     and
       ``(II) in the case of a person holding a nonvested 
     interest, to the extent provided in regulations, by the 
     amount of taxes imposed by subparagraph (A) on distributions 
     from the trust with respect to nonvested interests not held 
     by such person.

       ``(D) Allocable expatriation gain.--For purposes of this 
     paragraph, the allocable expatriation gain with respect to 
     any beneficiary's interest in a trust is the amount of gain 
     which would be allocable to such beneficiary's vested and 
     nonvested interests in the trust if the beneficiary held 
     directly all assets allocable to such interests.
       ``(E) Tax deducted and withheld.--
       ``(i) In general.--The tax imposed by subparagraph (A)(ii) 
     shall be deducted and withheld by the trustees from the 
     distribution to which it relates.
       ``(ii) Exception where failure to waive treaty rights.--If 
     an amount may not be deducted and withheld under clause (i) 
     by reason of the distributee failing to waive any treaty 
     right with respect to such distribution--

       ``(I) the tax imposed by subparagraph (A)(ii) shall be 
     imposed on the trust and each trustee shall be personally 
     liable for the amount of such tax, and
       ``(II) any other beneficiary of the trust shall be entitled 
     to recover from the distributee the amount of such tax 
     imposed on the other beneficiary.

       ``(F) Disposition.--If a trust ceases to be a qualified 
     trust at any time, a covered expatriate disposes of an 
     interest in a qualified trust, or a covered expatriate 
     holding an interest in a qualified trust dies, then, in lieu 
     of the tax imposed by subparagraph (A)(ii), there is hereby 
     imposed a tax equal to the lesser of--
       ``(i) the tax determined under paragraph (1) as if the day 
     before the expatriation date were the date of such cessation, 
     disposition, or death, whichever is applicable, or
       ``(ii) the balance in the tax deferred account immediately 
     before such date.

     Such tax shall be imposed on the trust and each trustee shall 
     be personally liable for the amount of such tax and any other 
     beneficiary of the trust shall be entitled to recover from 
     the covered expatriate or the estate the amount of such tax 
     imposed on the other beneficiary.
       ``(G) Definitions and special rules.--For purposes of this 
     paragraph--
       ``(i) Qualified trust.--The term `qualified trust' means a 
     trust which is described in section 7701(a)(30)(E).
       ``(ii) Vested interest.--The term `vested interest' means 
     any interest which, as of the day before the expatriation 
     date, is vested in the beneficiary.
       ``(iii) Nonvested interest.--The term `nonvested interest' 
     means, with respect to any beneficiary, any interest in a 
     trust which is not a vested interest. Such interest shall be 
     determined by assuming the maximum exercise of discretion in 
     favor of the beneficiary and the occurrence of all 
     contingencies in favor of the beneficiary.
       ``(iv) Adjustments.--The Secretary may provide for such 
     adjustments to the bases of assets in a trust or a deferred 
     tax account, and the timing of such adjustments, in order to 
     ensure that gain is taxed only once.
       ``(v) Coordination with retirement plan rules.--This 
     subsection shall not apply to an interest in a trust which is 
     part of a retirement plan to which subsection (d)(2) applies.
       ``(3) Determination of beneficiaries' interest in trust.--
       ``(A) Determinations under paragraph (1).--For purposes of 
     paragraph (1), a beneficiary's interest in a trust shall be 
     based upon all relevant facts and circumstances, including 
     the terms of the trust instrument and any letter of wishes or 
     similar document, historical patterns of trust distributions, 
     and the existence of and functions performed by a trust 
     protector or any similar adviser.
       ``(B) Other determinations.--For purposes of this section--
       ``(i) Constructive ownership.--If a beneficiary of a trust 
     is a corporation, partnership, trust, or estate, the 
     shareholders, partners, or beneficiaries shall be deemed to 
     be the trust beneficiaries for purposes of this section.
       ``(ii) Taxpayer return position.--A taxpayer shall clearly 
     indicate on its income tax return--

       ``(I) the methodology used to determine that taxpayer's 
     trust interest under this section, and
       ``(II) if the taxpayer knows (or has reason to know) that 
     any other beneficiary of such trust is using a different 
     methodology to determine such beneficiary's trust interest 
     under this section.

       ``(g) Termination of Deferrals, Etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(1) any period during which recognition of income or gain 
     is deferred shall terminate on the day before the 
     expatriation date, and
       ``(2) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(h) Imposition of Tentative Tax.--
       ``(1) In general.--If an individual is required to include 
     any amount in gross income under subsection (a) for any 
     taxable year, there is hereby imposed, immediately before the 
     expatriation date, a tax in an amount equal to the amount of 
     tax which would be imposed if the taxable year were a short 
     taxable year ending on the expatriation date.
       ``(2) Due date.--The due date for any tax imposed by 
     paragraph (1) shall be the 90th day after the expatriation 
     date.
       ``(3) Treatment of tax.--Any tax paid under paragraph (1) 
     shall be treated as a payment of the tax imposed by this 
     chapter for the taxable year to which subsection (a) applies.
       ``(4) Deferral of tax.--The provisions of subsection (b) 
     shall apply to the tax imposed by this subsection to the 
     extent attributable to gain includible in gross income by 
     reason of this section.
       ``(i) Special Liens for Deferred Tax Amounts.--
       ``(1) Imposition of lien.--
       ``(A) In general.--If a covered expatriate makes an 
     election under subsection (a)(4) or (b) which results in the 
     deferral of any tax imposed by reason of subsection (a), the 
     deferred amount (including any interest, additional amount, 
     addition to tax, assessable penalty, and costs attributable 
     to the deferred amount) shall be a lien in favor of the 
     United States on all property of the expatriate located in 
     the United States (without regard to whether this section 
     applies to the property).
       ``(B) Deferred amount.--For purposes of this subsection, 
     the deferred amount is the amount of the increase in the 
     covered expatriate's income tax which, but for the election 
     under subsection (a)(4) or (b), would have occurred by reason 
     of this section for the taxable year including the 
     expatriation date.
       ``(2) Period of lien.--The lien imposed by this subsection 
     shall arise on the expatriation date and continue until--
       ``(A) the liability for tax by reason of this section is 
     satisfied or has become unenforceable by reason of lapse of 
     time, or
       ``(B) it is established to the satisfaction of the 
     Secretary that no further tax liability may arise by reason 
     of this section.
       ``(3) Certain rules apply.--The rules set forth in 
     paragraphs (1), (3), and (4) of section 6324A(d) shall apply 
     with respect to the lien imposed by this subsection as if it 
     were a lien imposed by section 6324A.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Inclusion in Income of Gifts and Bequests Received by 
     United States Citizens and Residents From Expatriates.--
     Section 102 (relating to gifts, etc. not included in gross 
     income) is amended by adding at the end the following new 
     subsection:
       ``(d) Gifts and Inheritances From Covered Expatriates.--
       ``(1) In general.--Subsection (a) shall not exclude from 
     gross income the value of any property acquired by gift, 
     bequest, devise, or inheritance from a covered expatriate 
     after the expatriation date. For purposes of this subsection, 
     any term used in this subsection which is also used in 
     section 877A shall have the same meaning as when used in 
     section 877A.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Paragraph (1) shall not apply to any property 
     if either--
       ``(A) the gift, bequest, devise, or inheritance is--
       ``(i) shown on a timely filed return of tax imposed by 
     chapter 12 as a taxable gift by the covered expatriate, or
       ``(ii) included in the gross estate of the covered 
     expatriate for purposes of chapter 11 and shown on a timely 
     filed return of tax imposed by chapter 11 of the estate of 
     the covered expatriate, or
       ``(B) no such return was timely filed but no such return 
     would have been required to be filed even if the covered 
     expatriate were a citizen or long-term resident of the United 
     States.''.
       (c) Definition of Termination of United States 
     Citizenship.--Section 7701(a) is amended by adding at the end 
     the following new paragraph:
       ``(48) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(e)(3).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''.
       (d) Ineligibility for Visa or Admission To United States.--
       (1) In general.--Section 212(a)(10)(E) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
     read as follows:

[[Page S1897]]

       ``(E) Former citizens not in compliance with expatriation 
     revenue provisions.--Any alien who is a former citizen of the 
     United States who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3) of the Internal 
     Revenue Code of 1986) and who is not in compliance with 
     section 877A of such Code (relating to expatriation).''.
       (2) Availability of information.--
       (A) In general.--Section 6103(l) (relating to disclosure of 
     returns and return information for purposes other than tax 
     administration) is amended by adding at the end the following 
     new paragraph:
       ``(19) Disclosure to deny visa or admission to certain 
     expatriates.--Upon written request of the Attorney General or 
     the Attorney General's delegate, the Secretary shall disclose 
     whether an individual is in compliance with section 877A (and 
     if not in compliance, any items of noncompliance) to officers 
     and employees of the Federal agency responsible for 
     administering section 212(a)(10)(E) of the Immigration and 
     Nationality Act solely for the purpose of, and to the extent 
     necessary in, administering such section 212(a)(10)(E).''.
       (B) Safeguards.--Section 6103(p)(4) (relating to 
     safeguards) is amended by striking ``or (17)'' each place it 
     appears and inserting ``(17), or (19)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to individuals who relinquish United States 
     citizenship on or after the date of the enactment of this 
     Act.
       (e) Conforming Amendments.--
       (1) Section 877 is amended by adding at the end the 
     following new subsection:
       ``(g) Application.--This section shall not apply to an 
     expatriate (as defined in section 877A(e)) whose expatriation 
     date (as so defined) occurs on or after February 5, 2003.''.
       (2) Section 2107 is amended by adding at the end the 
     following new subsection:
       ``(f) Application.--This section shall not apply to any 
     expatriate subject to section 877A.''.
       (3) Section 2501(a)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(F) Application.--This paragraph shall not apply to any 
     expatriate subject to section 877A.''.
       (4)(A) Paragraph (1) of section 6039G(d) is amended by 
     inserting ``or 877A'' after ``section 877''.
       (B) The second sentence of section 6039G(e) is amended by 
     inserting ``or who relinquishes United States citizenship 
     (within the meaning of section 877A(e)(3))'' after 
     ``877(a))''.
       (C) Section 6039G(f) is amended by inserting ``or 
     877A(e)(2)(B)'' after ``877(e)(1)''.
       (f) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 is amended by 
     inserting after the item relating to section 877 the 
     following new item:

``Sec. 877A. Tax responsibilities of expatriation.''.
       (g) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (within the meaning of section 877A(e) of the Internal 
     Revenue Code of 1986, as added by this section) whose 
     expatriation date (as so defined) occurs on or after February 
     5, 2003.
       (2) Gifts and bequests.--Section 102(d) of the Internal 
     Revenue Code of 1986 (as added by subsection (b)) shall apply 
     to gifts and bequests received on or after February 5, 2003, 
     from an individual or the estate of an individual whose 
     expatriation date (as so defined) occurs after such date.
       (3) Due date for tentative tax.--The due date under section 
     877A(h)(2) of the Internal Revenue Code of 1986, as added by 
     this section, shall in no event occur before the 90th day 
     after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Roberts, Mr. Inhofe, Mrs. 
        Hutchison, Mr. Domenici, and Mr. Brownback):
  S. 290. A bill to amend the Intermodal Surface Transportation 
Efficiency Act of 1991 to identify a route that passes through the 
States of Texas, New Mexico, Oklahoma, and Kansas as a high priority 
corridor on the National Highway System; to the Committee on 
Environment and Public Works.
  Mr. BINGAMAN. Mr. President, I rise today to introduce legislation 
that will enhance the future economic vitality of communities in Otero, 
Lincoln, Torrance, Guadalupe, and Quay Counties. The purpose of this 
legislation is to focus attention on the need to upgrade U.S. Highway 
54 to four lanes. I believe improving the transportation infrastructure 
will help attract good jobs to South, Central, and Eastern New Mexico.
  I am honored to have my good friend and colleague, Senator Roberts, 
as the lead cosponsor of the bill. I am also pleased to have Senators 
Inhofe, Hutchison, Domenici and Brownback as original cosponsors.
  In addition, Representatives Udall, NM, Moran, Lucas, Thornberry, 
Pearce, and Reyes are introducing this bill today on the House side.
  Our bill designates U.S. Highway 54 from the border with Mexico at El 
Paso, TX, through New Mexico, and Oklahoma to Wichita, KS, as the 
Southwest Passage Initiative for Regional and Interstate 
Transportation, or SPIRIT, corridor. Congress has already included 
Highway 54 as part of the National Highway System. This bill adds the 
SPIRIT Corridor in Congress's list of High Priority Corridors on the 
National Highway System.
  About half of the 700-mile-long SPIRIT corridor is in New Mexico and 
another 200 miles of it are in Kansas. Our goal with this designation 
is to promote the development of this route into a full four-lane 
divided highway. When completed, the route will link rural areas in the 
four States to major market centers.
  I continue to believe strongly in the importance of highway 
infrastructure for economic development in my State. Even in this age 
of the new economy and high-speed digital communications, roads 
continue to link our communities together and to carry the commercial 
goods and products our citizens need. Safe and efficient highways are 
especially important to citizens in the rural parts of New Mexico.
  It is well known that regions with four-lane highways more readily 
attract out-of-State visitors and new jobs. Truck drivers and the 
traveling public prefer the safety of a four-lane divided highway.
  In New Mexico, US 54 is a fairly level route, bypassing New Mexico's 
major mountain ranges. The route also traverses some of New Mexico's 
most dramatic scenery, including two of the State's popular Scenic 
Byways. One is the Mesalands Scenic Byway in Guadalupe, San Miguel and 
Quay Counties, incorporating the beautiful tablelands known as El Llano 
Estacado. The other is the state's newest byway, La Frontera de Llano, 
which follows highway 39 from Logan to Abbott in Harding County, 
including the spectacular Canadian River Canyon and the Kiowa National 
Grasslands.
  The SPIRIT corridor passes through Alamogordo, home of the New Mexico 
Museum of Space History and gateway to the stunning White Sands 
National Monument.
  Highway 54 is also important to our nation from the perspective of 
national security. The route directly serves Fort Bliss, the White 
Sands Missile Range, and Holloman Air Force Base. It also passes 
through the Nation's breadbasket as well as some of the Nation's most 
important oil and gas fields.
  The route of the SPIRIT corridor starts at Juarez, Chihuahua, Mexico, 
home of one the largest concentrations of manufacturing in the border 
region. As a result of increased trade under NAFTA, commercial border 
traffic is now much higher at the border crossings in El Paso, Texas, 
and Santa Teresa, New Mexico. In New Mexico, truck traffic from the 
border has risen to over 1000 per day and is expected to triple in the 
next twenty years.
  The SPIRIT corridor is perfectly situated to serve international 
trade and promote economic development along its entire route. The 
route provides direct connections to four major Interstate Highways: I-
10, I-35, I-40, and I-70. SPIRIT is also the shortest route between 
Chicago and El Paso, shaving 137 miles off the major alternative.
  Though much of US 54 is currently only two lanes, traffic has been 
rising dramatically along the entire route since NAFTA was implemented. 
In New Mexico, total daily traffic levels are nearing 10,000 and are 
projected to rise to 30,000, with trucks making up 35 percent of the 
total. In Oklahoma, traffic levels are up to 6,500 per day--40 percent 
of which are commercial trucks. These traffic statistics clearly 
reflect the SPIRIT corridor's attraction to commercial and passenger 
drivers.
  New Mexicans recognize the importance of efficient roads to economic 
development and safety. I have long supported my state's efforts to 
complete the four-lane upgrade of US 54. The State Highway and 
Transportation Department now rates the project a high priority for New 
Mexico. The four-lane upgrade of the first 56-mile segment from the 
Texas border to Alamogordo was completed last year. Two more sections 
in New Mexico remain to be upgraded: 163 miles from Tularosa, north 
through Carrizozo, Corona, and

[[Page S1898]]

Vaughn, to Santa Rosa and 50 miles from Tucumcari to the Texas border 
near Nara Visa in Quay County. The cost to four-lane these two segments 
is estimated at $420 million. I am committed to working to help secure 
the funding required to complete New Mexico's four-lane upgrade as soon 
as possible. I am pleased the other States are also moving quickly to 
four-lane their portion of the route. I hope designating SPIRIT as a 
High Priority Corridor on the National Highway System will help spur 
the completion of this project.
  Once the SPIRIT corridor is designated, New Mexico will have four 
high-priority corridors on the National Highway System. The other three 
are the Ports-to-Plains corridor, the Camino Real Corridor, and the 
East West Transamerica Corridor. These four trade corridors, as well as 
our close proximity to the border, strongly underscore the vital role 
New Mexico plays in our nation's interstate and international 
transportation network.
  The SPIRIT project has broad grassroots support. Most of the cities, 
counties, and chambers of commerce all the way from Wichita to El Paso 
have passed resolutions of support for the four-lane upgrade of US 54 
along the entire corridor.
  I do believe the four-lane upgrade of Highway 54 is vital to the 
continued economic development for all of the communities along the 
SPIRIT corridor in New Mexico.
  I again thank Senators Roberts, Inhofe, Hutchison, Domenici and 
Brownback for cosponsoring the bill, and I hope all Senators will join 
us in support of this important legislation. It is my hope that our 
bill can pass quickly this year or be included when the Senate 
considers the reauthorization of the six-year transportation bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record. I ask unanimous consent that letters and resolutions of support 
from Otero County, Lincoln County, and Alamogordo in New Mexico, and 
from the Director of the Oklahoma Department of Transportation and the 
Secretary of Transportation of Kansas be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 290

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SOUTHWEST PASSAGE INITIATIVE FOR REGIONAL AND 
                   INTERSTATE TRANSPORTATION.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(45) The corridor extending from the point on the border 
     between the United States and Mexico in the State of Texas at 
     which United States Route 54 begins, along United States 
     Route 54 through the States of Texas, New Mexico, Oklahoma, 
     and Kansas, and ending in Wichita, Kansas, to be known as the 
     `Southwest Passage Initiative for Regional and Interstate 
     Transportation Corridor' or `SPIRIT Corridor'.''.
                                  ____

                                              OCEDC, Otero County,


                           Economic Development Council, Inc.,

                                   Alamogordo, NM, March 28, 2002.
     Hon. Jeff Bingaman,
     U.S. Senator,
     Las Cruces, NM.
       Dear Senator Bingaman: The Otero County Economic 
     Development Council, Inc. (OCEDC) wishes to lend our support 
     for Senate Bill 1986 (currently going through Congress), 
     which designates US 54 as a high priority corridor under the 
     Intermodal Surface Transportation Efficiency Act of 1991.
       The Southwest Passage Initiative for Regional and 
     Interstate Transportation (S.P.I.R.I.T.) efforts to establish 
     a trade corridor along US 54 will be extremely beneficial to 
     not only trade with Mexico but trade with the states this 
     highway passes through--Kansas, Oklahoma, Texas and New 
     Mexico.
       Economic development progress can only be made when 
     infrastructure is available. Having the infrastructure and 
     trade corridor that US 54 provides will bring jobs, diversity 
     and stability to our citizens throughout the county.
       We would encourage you to do whatever you can to see that 
     these measures are passed.
           Sincerely,
                                                     Larry Shulse,
     President, OCEDC Board of Directors.
                                  ____


                         Resolution No. 2001-37

       WHEREAS, Senate Bill 1986 was introduced by Senator 
     Bingaman to designate U.S. Highway 54 as a high priority 
     corridor under the Intermodal Surface Transportation 
     Efficiency Act of 1991; and
       WHEREAS, the Board of Commissioners of Lincoln County, 
     State of New Mexico, supports the Southwest Passage 
     Initiative for Regional and Interstate Transportation or 
     SPIRIT; and
       WHEREAS, the SPIRIT's goal is to promote the four-laning of 
     U.S. Highway 54 from Withcita, Kansas to El Paso, Texas.
       NOW, THEREFORE, BE IT RESOLVED that the Board of 
     Commissioners of Lincoln County has further determined that 
     in order to protect the health, safety, and welfare of our 
     citizens, the Board hereby supports the Southwest Passage 
     Initiative for Regional and Interstate Transportation or 
     SPIRIT Corridor.
                                  ____

                                               City of Alamogordo,


                                          Office of the Mayor,

                                   Alamogordo, NM, March 27, 2002.
     Hon. Jeff Bingaman,
     U.S. Senator, Hart Office Building, Room 703, Washington, DC.
       Dear Senator Bingaman: This letter is written to thank you 
     for your introduction of Senate Bill 1986, the ``Southwest 
     Passage Initiative for Regional and Interstate 
     Transportation'', or S.P.I.R.I.T. corridor. This highway 
     corridor provides an essential link between Mexico and the 
     Midwestern states. Truck traffic along this path has 
     increased substantially since the advent of the NAFTA treaty 
     and the expectation is for a tripling of total traffic by the 
     year 2023.
       We recognize that the path to completing the S.P.I.R.I.T. 
     corridor as a four lane highway from El Paso, Texas through 
     new Mexico, Oklahoma, and Kansas will not be complete 
     overnight, but this is an essential step in moving the 
     project closer to completion.
       We thank you for supporting this legislation, whose real 
     and significant benefits will be the safety of the public 
     when using the route, improvement of trade, speed of 
     delivery, and reduction in costs of delivery.
           Sincerely,
                                                Donald E. Carroll,
     Mayor.
                                  ____



                               Alamogordo Chamber of Commerce,

                                    Alamogordo, NM, April 5, 2002.
     Hon. Jeff Bingaman,
     U.S. Senator,
     Las Cruces, NM.
       Dear Senator Bingaman: The Alamogordo Chamber of Commerce 
     wishes to lend our support for Senate Bill 1986 (currently 
     going through Congress), which designates US 54 as a high 
     priority corridor under the Intermodal Surface Transportation 
     Efficiency Act of 1991.
       The Southwest Passage Initiative for Regional and 
     Interstate Transportation (S.P.I.R.I.T.) efforts to establish 
     a trade corridor along US 54 will be very vital to the 
     continued economic development for all of the communities 
     along the SPIRIT corridor. This is especially true for the 
     businesses here in Alamogordo, the first stop on the route 
     north from the EL Paso-Juarez Metroplex.
       We believe the passing of this bill will help to bring 
     jobs, diversification and stability to our community.
       We would encourage you to do whatever you can to see that 
     these measures are passed.
           Sincerely,
                                                   John Marquardt,
     President, Alamogordo Chamber of Commerce.
                                  ____

                                            Oklahoma Department of


                                               Transportation,

                                 Oklahoma City, OK, April 9, 2002.
     Hon. Jeff Bingaman,
     U.S. Senator, 703 Hart Senate Office Building, Washington, 
         DC.
       Dear Senator Bingaman: We endorse your efforts to improve 
     US 54 in the States of Oklahoma, New Mexico, Texas, and 
     Kansas. Designation of US 54 as a high priority corridor on 
     the National Highway System will aid in on-going and future 
     improvements to this significant trade corridor.
       Governor Keating, Congressman Lucas, Senator Inhofe, and 
     Senator Nickles have recognized the importance of US 54 in 
     the movement of goods and people in this four state region. 
     Beginning in 1995, US 54 was designated as a ``Transportation 
     Improvement Corridor'' in our first Statewide Intermodal 
     Transportation Plan. These Transportation Improvement 
     Corridors were so designated primarily due to current and 
     future congestion and were planned to be four-lane 
     facilities. US 54 certainly carries enough traffic, 
     especially trucks, for this designation. It has continued as 
     a Transportation Improvement Corridor in the latest Statewide 
     Intermodal Transportation Plan.
       We have followed through on this designation by committing 
     significant state and federal funding to improving US 54 to a 
     four-lane facility. We have used Capital Improvement Funds 
     (state bonds) combined with federal funds in the amount of 
     $70 million to purchase right-of-way, move utilities, and 
     construct a four-lane facility from the Texas state-line 
     northeastward 34 miles to north of Optima, Oklahoma. Future 
     plans include only purchasing right-of-way from this point 
     northeastward 21 miles to the Kansas stateline and 
     constructing a four-lane facility to Hooker, Oklahoma. 
     However, due to decreases in both state and federal funding, 
     four-laning US 54 from Hooker northeastward 15 miles to the 
     Kansas stateline is uncertain. Your efforts in securing 
     funding for US 54 would greatly aid in this effort.
           Sincerely,
                                                   Gary M. Ridley,
                                                         Director.

[[Page S1899]]

     
                                  ____
         Kansas Department of Transportation,Office of the 
           Secretary of Transportation,
                                       Topeka, KS, April 15, 2002.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
       Dear Senator Bingaman: The Kansas Department of 
     Transportation is supportive of the efforts of the Southwest 
     Passage Initiative for Regional and Interstate Transportation 
     (S.P.I.R.I.T.) to designate US-54 as a High Priority Corridor 
     on the National Highway System.
       The legislation which you recently co-sponsored, S. 1986, 
     would recognize the efforts of the S.P.I.R.I.T. organization 
     and their years of hard work to develop US-54 as a major 
     trade corridor.
       Thank you for your support of S.P.I.R.I.T. and US-54.
           Sincerely,
                                                  E. Dean Carlson,
                                      Secretary of Transportation.
                                 ______
                                 
      By Mr. GRAHAM of South Carolina:
  S. 291. A bill to increase the amount of student loans that may be 
forgiven for teachers in mathematics, science, and special education; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 291

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Quality Teacher Recruitment 
     and Retention Act of 2003.''

     SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS.

       (a) FEEL Loans.--Section 428J(c) of the Higher Education 
     Act of 1965 (20 U.S.C. 1078-10(c)) is amended by adding at 
     the end the following:
       ``(3) Additional amounts for teachers in mathematics, 
     science, or special education.--Notwithstanding the amount 
     specified in paragraph (1), the aggregate amount that the 
     Secretary shall repay under this section shall be not more 
     than $17,500 in the case of--
       ``(A) a secondary school teacher--
       ``(i) who meets the requirements of subsection (b); and
       ``(ii) whose qualifying employment for purposes of such 
     subsection is teaching mathematics or science; and
       ``(B) an elementary school or secondary school teacher--
       ``(i) who meets the requirements of subsection (b), other 
     than paragraphs (1)(B) and (C);
       ``(ii) whose qualifying employment for purposes of such 
     subsection is teaching special education; and
       ``(iii) who, as certified by the chief administrative 
     officer of the public or nonprofit private elementary school 
     or secondary school in which the borrower is employed, is 
     teaching children with disabilities that correspond with the 
     borrower's training and has demonstrated knowledge and 
     teaching skills in the content areas of the elementary school 
     or secondary school curriculum that the borrower is 
     teaching.''.
       (b) Direct Loans.--Section 460(c) of the Higher Education 
     Act of 1965 (20 U.S.C. 1087j(c)) is amended by adding at the 
     end the following:
       ``(3) Additional amounts for teachers in mathematics, 
     science, or special education.--Notwithstanding the amount 
     specified in paragraph (1), the aggregate amount that the 
     Secretary shall repay under this section shall not be more 
     than $17,500 in the case of--
       ``(A) a secondary school teacher--
       ``(i) who meets the requirements of subsection (b)(1); and
       ``(ii) whose qualifying employment for purposes of such 
     subsection is teaching mathematics or science; and
       ``(B) an elementary school or secondary school teacher--
       ``(i) who meets the requirements of subsection (b)(1), 
     other than clauses (ii) and (iii) of subparagraph (A);
       ``(ii) whose qualifying employment for purposes of such 
     subsection is teaching special education; and
       ``(iii) who, as certified by the chief administrative 
     officer of the public or nonprofit private elementary school 
     or secondary school in which the borrower is employed, is 
     teaching children with disabilities that correspond with the 
     borrower's training and has demonstrated knowledge and 
     teaching skills in the content areas of the elementary school 
     or secondary school curriculum that the borrower is 
     teaching.''.
                                 ______
                                 

                    By Mr. GRAHAM of South Carolina:

  S. 292. A bill to amend the Fair Labor Standards Act of 1938 to 
exempt licensed funeral directors and licensed embalmers from the 
minimum wage and overtime compensation requirements of that Act; to the 
Committee on Health, Education, and Labor, and Pensions.
  Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection the bill was printed in the Record, as 
follows:

                                 S. 292

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FAIR LABOR STANDARDS ACT OF 1938.

       Section 13(a) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 213(a)) is amended by inserting after paragraph (3) 
     the following:
       ``(4) any employee employed as a licensed funeral director 
     or a licensed embalmer; or''.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 293. A bill to amend the Internal Revenue Code of 1986 to provide 
a charitable deduction for certain expenses incurred in support of 
Native Alaskan subsistence whaling; to the Committee on Finance.
  Ms. MURKOWSKI. Mr. President, during his State of the Union speech 
this week, President Bush emphasized the importance of local and 
charitable initiatives that help define the character of the many 
communities that make up the mosaic of our country. I have come to the 
floor today to discuss a community tradition that is unique to many of 
Alaska's remote villages and which should be recognized and supported 
by the Federal Government.
  Subsistance whaling is vital to the survival of several Alaska Native 
communities. In many of our remote villages, the whale hunt is a 
tradition that has been carried on over many millennia. As part of that 
tradition, it is the custom that the captain of the hunt make all 
provisions for the meals, wages and equipment costs associated with the 
hunt.
  After the hunt, the Captain is repaid in whale meat and muktuk, which 
is blubber and skin. However, as part of the tradition, the Captain 
donates a substantial portion of the whale to his village in order to 
help the community survive the harsh winter.
  While the International Whaling Commission, IWC, has banned 
commercial whaling, it has specifically recognized the cultural 
significance of whaling to the Alaska Native community and has allowed 
them to continue the seasonal hunt. The IWC recognizes that the 
traditional whale hunt is not carried on for financial gain. Although 
the hunt generates no financial gain to the whaling captain, the 
captain incurs real expenses.
  Since the whaling captain is not engaged in a business, he is not 
permitted to deduct the costs he incurs from his taxes. In order to 
maintain the traditional hunt and to offset some of the costs incurred 
by the Captain, I am today introducing legislation that would allow the 
captain to claim a charitable deduction of up to $10,000 to help defray 
the costs associated with providing this community service.
  I want to point out that if the Captain incurred all of these 
expenses and then donated the whale meat to a local charitable 
organization, the Captain would almost certainly be able to deduct the 
costs he incurred in outfitting the boat for the charitable purpose. 
However, the cultural significance of the Captain's sharing the whale 
with the community would be lost. Moreover, since there is no 
commercial market for whale meat because of the international whaling 
bank, there is no way to set the value of such a charitable 
contribution.
  This is a very modest proposal and I urge my colleagues to support 
this measure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 293

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Alaskan Subsistence 
     Whaling Act of 2003''.

     SEC. 2. CHARITABLE CONTRIBUTION DEDUCTION FOR CERTAIN 
                   EXPENSES INCURRED IN SUPPORT OF NATIVE ALASKAN 
                   SUBSISTENCE WHALING.

       (a) In General.--Section 170 of the Internal Revenue Code 
     of 1986 (relating to charitable, etc., contributions and 
     gifts) is amended by redesignating subsection (m) as 
     subsection (n) and by inserting after subsection (l) the 
     following new subsection:
       ``(m) Expenses Paid by Certain Whaling Captains in Support 
     of Native Alaskan Subsistence Whaling.--

[[Page S1900]]

       ``(1) In general.--In the case of an individual who is 
     recognized by the Alaska Eskimo Whaling Commission as a 
     whaling captain charged with the responsibility of 
     maintaining and carrying out sanctioned whaling activities 
     and who engages in such activities during the taxable year, 
     the amount described in paragraph (2) (to the extent such 
     amount does not exceed $10,000 for the taxable year) shall be 
     treated for purposes of this section as a charitable 
     contribution.
       ``(2) Amount described.--
       ``(A) In general.--The amount described in this paragraph 
     is the aggregate of the reasonable and necessary whaling 
     expenses paid by the taxpayer during the taxable year in 
     carrying out sanctioned whaling activities.
       ``(B) Whaling expenses.--For purposes of subparagraph (A), 
     the term `whaling expenses' includes expenses for--
       ``(i) the acquisition and maintenance of whaling boats, 
     weapons, and gear used in sanctioned whaling activities,
       ``(ii) the supplying of food for the crew and other 
     provisions for carrying out such activities, and
       ``(iii) storage and distribution of the catch from such 
     activities.
       ``(3) Sanctioned whaling activities.--For purposes of this 
     subsection, the term `sanctioned whaling activities' means 
     subsistence bowhead whale hunting activities conducted 
     pursuant to the management plan of the Alaska Eskimo Whaling 
     Commission.''
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2002.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 294. A bill to eliminate the sunset for the determination of the 
Federal medical assistance percentage for Alaska under the Medicare, 
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000; to 
the Committee on Finance.
  Ms. MURKOWSKI. Mr. President, I speak today on behalf of Alaska's 
most vulnerable individuals, our children, the disabled, and the 
elderly poor. Since its enactment in 1965, the Medicaid program has 
helped States provide low-income and disabled individuals with access 
to vital health care services. In 1997, Congress allowed States to take 
on certain health-related responsibilities for children. The Denali Kid 
Care program, a Medicaid expansion, has been very successful in 
providing health services for Alaskan children. Unfortunately, under 
current law many Alaskans who rely on this program could lose some or 
all of their Medicaid coverage. This is because Alaska's Federal 
Medical Assistance percentage, FMAP, adjustment, a correction to the 
Medicaid formula due to the high cost of health care in Alaska, will 
expire within the next 2 fiscal years. An FMAP correction is necessary 
for Alaska because this ``one-size-fits-all'' formula does not account 
for variations in cost-of-living, and does not consider Alaska's higher 
federally mandated poverty level.
  First of all, the FMAP formula was developed in 1946, 13 years before 
Alaska was admitted to the Union. This archaic formula is used to 
calculate the Federal share of Medicaid costs for each State. The 
calculations are based on the per capita income of individual States 
relative to the national per capita income. In this way, States with 
higher per capita incomes end up paying a higher percentage of their 
Medicaid costs. This formula appears to work well for States near the 
national norms for most economic indicators. It most certainly does not 
work in the State of Alaska, however, where these economic indicators 
appear more frequently as statistical exceptions and outlyers.
  The problem is fairly simple: it just costs more to do business in 
Alaska, and this includes health care. A national per capita income 
threshold is not a fair indicator unless it takes into account the cost 
of living in that area. The cost-of-living adjustment for Federal 
employees in Alaska suggests that it costs 25 percent more to live in 
Alaska than in the lower 48, and Federal employee salaries are adjusted 
accordingly. A dollar simply does not buy the same thing in Alaska that 
it does in the lower 48.
  This is especially true for health care costs. Estimates suggest 
that, on average, it costs up to 71 percent more to deliver health care 
services in Alaska. American Hospital Association data shows that 
Alaska has the highest average expense per hospital admission of any 
State in the Nation. But let's talk real numbers again. If you were to 
be admitted to a hospital in Oregon, on average the cost would be 
$6,649.00; in Alaska the same average hospital stay costs almost 
double, $10,859.00. There are also higher costs associated with limited 
road access and necessary air ambulance service for rural and isolated 
communities, but the Medicaid FMAP formula does not consider any of 
these additional costs.

  In addition to the higher cost of services in Alaska, the Federal 
Government sets the poverty level 20 percent higher in Alaska than in 
any of the lower 48 States. This means 1 out of every 5 Alaskans is 
eligible for Medicaid. The problem is that this is essentially an 
unfunded Federal mandate because the FMAP formula, again, does not 
change to reflect this additional requirement. The higher demand for 
services that results from the higher poverty level dilutes our 
resources. The Medicaid FMAP formula was developed before Alaska became 
a State and does NOT provide the funds to cover all of those who are 
eligible.
  However, in 1997 and again in 2000, Congress recognized that the 
Medicaid FMAP formula was unfair for Alaska and enacted an adjustment 
to the formula. Due in part to this more equitable funding and a 
careful re-allocation of resources, Alaska now: has the lowest age-
adjusted death rate for breast cancer in the Nation; has one of the 
lowest infant mortality rates in the Nation; and has one of the lowest 
percentages of low birth weight babies in the Nation.
  These are encouraging statistics, but more can and must be done to 
improve access to quality health care. All disabled and low-income 
Americans, including Alaskans, have been assured access to quality 
medical care. Alaska has proven it can deliver this quality care, but 
only with the necessary adjustment to the FMAP formula that recognizes 
the reality of Alaska's needs.
  This issue is timely because the Congress has the opportunity to 
allow the State of Alaska to plan for the future. Planning is the 
essence of good management, and when it comes to health care, we must 
allow States to plan for future needs. In short, the Federal Government 
must remember its commitment to Alaskans, and allow my State a benefit 
that all other states have, assurance that money for vital Medicaid 
services will not just dry up and disappear.
  Alaskans do not seek charity, we seek equity. The Congress has 
supported this request twice before, and I ask for an additional 
extension to honor Federal commitments to my state. The legislation 
that I am introducing today will permanently adjust the Medicaid 
formula for Alaska. I sincerely hope that my colleagues will support 
this vital legislation that will preserve my State's ability to provide 
health insurance to the most vulnerable Alaskans.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 295. A bill to amend the Denali Commission Act of 1998 to 
establish the Denali transportation system in the State of Alaska; to 
the Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise to introduce a bill to establish 
the Denali Transportation System.
  This bill in intended to help create in the same beneficial 
transportation system in Alaska as exists for every other State in the 
Union. It is patterned after a similar effort adopted years ago for the 
Appalachian region, which has demonstrated beyond any doubt that 
transportation investment is wise investment.
  The bill authorizes the Secretary of Transportation to establish a 
program to fund the costs of construction of the Denali Transportation 
System, at a level of $450 million per year from Fiscal Year 2004 
through Fiscal Year 2009. As new roads are constructed, they will 
become part of the National Highway System.
  As my colleagues are aware, Alaska's ability to develop a strong 
economy for the benefit of the State and the nation is deeply impaired 
by the lack of transportation. This affects all aspects of life in the 
49th State, from the delivery of fuel and essential services to 
individuals and families in our many remote villages, to our ability to 
develop Alaska's abundance of valuable natural resources. Only our 
major cities have modern roadways, and many of those remain isolated.
  No State, or its citizens, can prosper without adequate 
transportation systems. In much of the country, such systems have been 
in place since before

[[Page S1901]]

the American Revolution, and have been constantly changing, adapting 
and being upgraded ever since. In much of Alaska, in contrast, 
residents are still forced to travel between communities by boat, or on 
frozen rivers, just as they did when the Territory of Alaska was first 
purchased from Imperial Russia. In this day, and age, such a situation 
is completely unacceptable. It is a lasting mark of neglect, and it is 
past time to rectify it.
  The Denali Transportation System will provide far greater benefits 
than costs. As we enter an era where gigantic natural changes are 
occurring in the Arctic environment, and ice-free maritime 
transportation through the Arctic Ocean is expected to become a reality 
within decades, it is critical that we begin to prepare ourselves for 
those changes. Adequate transportation connections to, and within, 
America's only Arctic State are imperative.
  As we debate a Federal budget during a time when the economy is 
struggling, let us not forget that the key to long-term prosperity is 
wise investment. Investing in Alaska is investing wisely. We have 
incomparable resources and vigorous citizens. It is time we have the 
transportation system that will allow those assets to be used as they 
should.
  Mr. President, I ask unanimously consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 295

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Denali Transportation System 
     Act''.

     SEC. 2. DENALI TRANSPORTATION SYSTEM.

       The Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
     Public Law 105-277) is amended--
       (1) by redesignating section 309 as section 310; and
       (2) by inserting after section 308 the following:

     ``SEC. 309. DENALI TRANSPORTATION SYSTEM.

       ``(a) Construction.--
       ``(1) In general.--The Secretary of Transportation shall 
     establish a program under which the Secretary may pay the 
     costs of construction (including the costs of design) in the 
     State of Alaska of the Denali transportation system.
       ``(2) Design standards.--Any design carried out under this 
     section shall use technology and design standards determined 
     by the Commission.
       ``(b) Designation of System by Commission.--The Commission 
     shall submit to the Secretary of Transportation--
       ``(1) designations by the Commission of the general 
     location and termini of highways, port and dock facilities, 
     and trails on the Denali transportation system;
       ``(2) priorities for construction of segments of the 
     system; and
       ``(3) other criteria applicable to the program established 
     under this section.
       ``(c) Connecting Infrastructure.--In carrying out this 
     section, the Commission may construct marine connections 
     (such as connecting small docks, boat ramps, and port 
     facilities) and other transportation access infrastructure 
     for communities that would otherwise lack access to the 
     National Highway System.
       ``(d) Addition to National Highway System.--On completion, 
     each highway on the Denali transportation system that is not 
     already on the National Highway System shall be added to the 
     National Highway System.
       ``(e) Preference to Alaska Materials and Products.--In the 
     construction of the Denali transportation system under this 
     section, the Commission may give preference--
       ``(1) to the use of materials and products indigenous to 
     the State; and
       ``(2) with respect to construction projects in a region, to 
     local residents and firms headquartered in that region.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 310 of the Denali Commission Act of 1998 (42 U.S.C. 
     3121 note; Public Law 105-277) (as redesignated by section 
     2(1)) is amended by striking subsection (a) and inserting the 
     following:
       ``(a) In General.--There are authorized to be appropriated 
     to the Commission--
       ``(1) to carry out the duties of the Commission under this 
     title (other than section 309), and in accordance with the 
     work plan approved under section 304, such sums as are 
     necessary for fiscal year 2003; and
       ``(2) to carry out section 309 $450,000,000 for each of 
     fiscal years 2004 through 2009.''.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 296. A bill to require the Secretary of Defense to report to 
Congress regarding the requirements applicable to the inscription of 
veterans' names on the memorial wall of the Vietnam Veterans Memorial; 
to the Committee on Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, today I introduce the Fairness to All 
Fallen Vietnam War Service Members Act of 2003. Almost forty years ago, 
our country started sending a generation of young men off to fight in 
Vietnam. Over 58,000 American soldiers gave their lives to their 
country in and around the lands, skies, and seas of Vietnam.
  The legislation I am introducing today is based on language which I 
previously introduced toward the end of the 107th Congress.
  The ultimate sacrifices many of these men have made are honored on 
the Vietnam Veterans Memorial Wall here in Washington, D.C. There are, 
however, names that are missing from the wall, names that rightfully 
should be there with their fallen fellow Americans. It is now time to 
correct that omission.
  On the morning of June 3, 1969, the United States Destroyer, USS 
Frank E. Evans, was cut in half during a training exercise by the 
Australian aircraft carrier, Melbourne. The front half of the destroyer 
sank in three minutes claiming the lives of seventy-four men.
  While these men were not lost due to enemy fire, they were involved 
in serious combat only days before this tragedy. At the time of the 
accident, the USS Frank E. Evans was taking part in Operation Sea 
Spirit in the South China Sea which involved over 40 ships from 
Southeast Asia Treaty Organization Nations. These brave men were 
instrumental in forwarding American objectives in Vietnam.
  The fact is these men died while serving their country and are due 
the rights and honors they deserve, including being listed on the 
Vietnam Memorial Wall.
  Two of my fellow Coloradans, Brian Crowson and Del A. Francis were on 
board that fateful morning and survived this horrible accident. Sadly, 
74 of their fellow sailors were not as fortunate.
  At a time when we rightly honor heroes across our country, should we 
not also take the necessary step to ensure that our past heroes are 
also honored?
  This legislation directs the Secretary of Defense to determine an 
appropriate manner to recognize and honor Vietnam Veterans who died in 
service to our Nation but whose names were excluded from the Vietnam 
Veterans Memorial Wall. It further asks for input from government 
agencies and organizations that originally constructed the Vietnam 
Veterans Memorial Wall regarding the feasibility of adding additional 
names. Finally, the bill asks for appropriate alternative options for 
recognizing these veterans should it be deemed that there is no 
logistical way to add these names.
  As a veteran of the Korean War, I personally understand the ultimate 
sacrifice many of our brave men and women have made for the price of 
freedom. This recognition should not be taken lightly.
  I look forward to working with my colleagues here in the Senate as 
well as the USS Frank E. Evans Association so that we can pass this 
long overdue legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 296

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fairness to All Fallen 
     Vietnam War Service Members Act of 2003''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam 
     Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to 
     construct a memorial ``in honor and recognition of the men 
     and women of the Armed Forces of the United States who served 
     in the Vietnam war''.
       (2) The Memorial Fund determined that the most fitting 
     tribute to those who served in the Vietnam war would be to 
     permanently inscribe the names of the members of the Armed 
     Forces who died during the Vietnam war, or who remained 
     missing at the conclusion of the war, on a memorial wall.
       (3) The Memorial Fund relied on the Department of Defense 
     to compile the list of individuals whose names would be 
     inscribed on the memorial wall and the criteria for inclusion 
     on such list.

[[Page S1902]]

       (4) The Memorial Fund established procedures under which 
     mistakes and omissions in the inscription of names on the 
     memorial wall could be corrected.
       (5) Under such procedures, the Department of Defense 
     established eligibility requirements that must be met before 
     the Memorial Fund will make arrangements for the name of a 
     veteran to be inscribed on the memorial wall.
       (6) The Department of Defense determines the eligibility 
     requirements and has periodically modified such requirements.
       (7) As of February 1981, in order for the name of a veteran 
     to be eligible for inscription on the memorial wall, the 
     veteran must have--
       (A) died in Vietnam between November 1, 1955, and December 
     31, 1960;
       (B) died in a specified geographic combat zone on or after 
     January 1, 1961;
       (C) died as a result of physical wounds sustained in such 
     combat zone; or
       (D) died while participating in, or providing direct 
     support to, a combat mission immediately en route to or 
     returning from such combat zone.
       (8) Public Law 106-214 (114 Stat. 335) authorizes the 
     American Battle Monuments Commission to provide for the 
     placement of a plaque within the Vietnam Veterans Memorial 
     ``to honor those Vietnam veterans who died after their 
     service in the Vietnam war, but as a direct result of that 
     service, and whose names are not otherwise eligible for 
     placement on the memorial wall''.
       (9) The names of a number of veterans who died during the 
     Vietnam war are not eligible for inscription on the memorial 
     wall or the plaque.
       (10) Examples of such names include the names of the 74 
     servicemembers who died aboard the U.S.S. Frank E. Evans (DD-
     174) on June 3, 1969, while the ship was briefly outside the 
     combat zone participating in a training exercise.

     SEC. 3. STUDY AND REPORT.

       (a) Study.--The Secretary of Defense shall conduct a study 
     that--
       (1) identifies the veterans (as defined in section 101(2) 
     of title 38, United States Code) who died on or after 
     November 1, 1955, as a direct or indirect result of military 
     operations in southeast Asia and whose names are not eligible 
     for inscription on the memorial wall of the Vietnam Veterans 
     Memorial;
       (2) evaluates the feasibility and equitability of revising 
     the eligibility requirements applicable to the inscription of 
     names on the memorial wall to be more inclusive of such 
     veterans; and
       (3) evaluates the feasibility and equitability of creating 
     an appropriate alternative means of recognition for such 
     veterans.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report based on the study conducted under 
     subsection (a). The report shall include--
       (1) the reasons (organized by category) that the names of 
     the veterans identified under subsection (a)(1) are not 
     eligible for inscription on the memorial wall under current 
     eligibility requirements, and the number of veterans affected 
     in each category;
       (2) a list of the alternative eligibility requirements 
     considered under subsection (a)(2);
       (3) a list of the alternative means of recognition 
     considered under subsection (a)(3); and
       (4) the conclusions and recommendations of the Secretary of 
     Defense with regard to the feasibility and equitability of 
     each alternative considered.
       (c) Consultations.--In conducting the study under 
     subsection (a) and preparing the report under subsection (b), 
     the Secretary of Defense shall consult with--
       (1) the Secretary of Veterans Affairs;
       (2) the Secretary of the Interior;
       (3) the Vietnam Veterans Memorial Fund, Inc.;
       (4) the American Battle Monuments Commission;
       (5) the Vietnam Women's Memorial, Inc.; and
       (6) the National Capital Planning Commission.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 297. A bill to provide reforms and resources to the Bureau of 
Indian Affairs to improve the Federal acknowledgement process, and for 
other purposes; to the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Inouye in introducing the ``Federal Acknowledgment Process 
Reform Act of 2003''.
  Since 1997 I have offered changes to the Federal Acknowledgment 
Process, FAP, which is the process by which Indian groups are 
``recognized'' by the United States as tribes.
  Recognition of a tribal group as a tribe brings with it the 
privileges, immunities and rights accorded to Indian tribes.
  In recent years, the FAP has been described as ``broken'', ``too 
lengthy'', ``too costly'', ``without integrity'', ``not transparent'' 
and ``inconsistently applied'' to name but a few.
  For petitioners that have waited literally generations for a final 
answer on their application, the process is too lengthy.
  For petitioners of modest means driven to seek the financial support 
of ``a backer'', the process is too costly.
  For interested parties who feel compelled to file Freedom of 
Information Act requests to secure information, the process is not 
transparent.
  And for the uninitiated and those not familiar with the governing 
legal regime, the regulations do appear to be inconsistently applied.
  The FAP has not been with us forever. In 1978, the Department of 
Interior established regulations in the Code of Federal Regulations, 25 
CFR Part 83, to ``establish a departmental procedure and policy for 
acknowledging that certain American Indian groups exist as tribes.''
  Since this administrative procedure was set up in 1978, over 270 
groups have petitioned under the regulations, with 18 groups being 
awarded acknowledgment as a tribe, and 19 groups having been denied.
  This means that nearly 230 groups are still waiting to hear on their 
petitions.
  For those who think the Branch of Acknowledgment and Research, BAR, 
is a serial grantor of recognition: just last week the Golden Hill 
Paugussett group in Connecticut was preliminarily denied 
acknowledgment.
  The delays petitioners face have led to understandable frustration: 
the Indian Affairs Committee has received testimony from groups where 
the individuals that originally filed the petition have passed away, 
and the struggle is carried on by their children, and even 
grandchildren.
  Some petitioners have become so tired of waiting that they have sued 
the Secretary of Interior and some courts have forced the BAR to 
produce decisions by dates-certain.
  Unfortunately this ``queue jumping'' has created adverse incentives, 
as more groups file lawsuits.
  The kinks in the process have also caused understandable frustration 
on the part of other, non-Indian groups. These frustrations have led to 
voluminous Freedom of Information Act, FOIA, requests, and even 
lawsuits, as these groups have tried to secure information or seek a 
better understanding of the regulations.
  As you might expect, once the lawsuits get started, paper starts 
churning. The BAR staff testified to the Indian Affairs Committee that 
their anthropologists, genealogists and historians spend 40 percent of 
their time just making photo-copies in response to FOIA requests.
  The bill I am introducing today will resolve many of the problems I 
have described. It will do this first by introducing discipline into 
the process. Under this bill would-be-petitioners must include enough 
information in their ``letter of intent'' so that the BAR and other 
interested parties have a better idea of the context of the group. 
Obtaining more information will better assist the Secretary of Interior 
in providing notices to the group and interested parties; and the bill 
requires that such notices go out within 90 days, insuring timeliness.
  Secondly, this bill will provide more resources to petitioners and 
interested parties, based on the needs of the group or party, something 
on which all observers of the process seem to be in agreement.
  Third, this bill will provide more resources to the Department of 
Interior, another point on which there seems to be wide agreement.
  I do not propose to merely throw more money at this problem. Instead, 
the bill establishes a research pilot project that will draw upon 
independent research institutions and consultation with the Smithsonian 
to expand the research capacity of the BAR.
  The bill will also provide a resource to the Assistant Secretary that 
is sorely needed: an independent research and advisory board that can 
be called on by the Assistant Secretary to act as a peer reviewer and a 
second source upon which the Assistant Secretary can base his 
determination on a petition.
  This board will consist of certified professionals and will be 
available to the Assistant Secretary: 1. at his discretion, if the 
Assistant Secretary and BAR disagree regarding whether particular 
criterion have been met in a petition; and 2. to provide outside peer

[[Page S1903]]

review and a second opinion on a proposed final determination.
  The board will give the Assistant Secretary greater assurance in the 
soundness of his determination, and will provide a more solid 
foundation for any later appellate review.
  Finally, this bill will provide the certainty of a statutory basis 
for the acknowledgment criteria that have been used by the BAR since 
1978.
  There appears to be widespread acceptance of the substantive validity 
of the criteria, but questions have been raised regarding whether those 
criteria should be codified. This bill answers that question 
definitively.
  This bill addresses the criticisms of the FAP by increasing the 
transparency, consistency and integrity of the process, and at the same 
time removes some of the bureaucratic hurdles that have caused the 
process to be too costly and time-consuming.
  I urge my colleagues to support this important measure and ask 
unanimous consent that a copy of the bill be printed in the Record.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 297

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Acknowledgment 
     Process Reform Act of 2003''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Indian tribes were sovereign governmental entities 
     before the establishment of the United States;
       (2) the United States has entered into and ratified 
     treaties with many Indian tribes for the purpose of 
     establishing government-to-government relationships between 
     the United States and the Indian tribes;
       (3) Federal court decisions have recognized the 
     constitutional power of Congress to establish government-to-
     government relationships with Indian tribes;
       (4) in 1970, President Nixon ended the termination policy 
     and inaugurated the policy of Indian self-determination;
       (5) in 1978--
       (A) the Secretary of the Interior delegated authority to 
     the Assistant Secretary for Indian Affairs to establish a 
     formal process by which the United States acknowledges an 
     Indian tribe; and
       (B) the Bureau of Indian Affairs established the Branch of 
     Acknowledgment and Research to carry out the Federal 
     acknowledgment process; and
       (6) the Federal acknowledgment process was intended to 
     provide the Assistant Secretary with an informed and well-
     researched basis for making any decision to acknowledge an 
     Indian tribe.
       (b) Purposes.--The purposes of this Act are--
       (1) to ensure that, in any case in which the United States 
     acknowledges an Indian tribe, it does so with a consistent 
     legal, factual, and historical basis;
       (2) to provide clear and consistent standards to review 
     documented petitions for acknowledgment; and
       (3) to clarify evidentiary standards and expedite the 
     administrative review process for petitions by--
       (A) establishing deadlines for decisions; and
       (B) providing adequate resources to process petitions.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Acknowledgment.--The term ``acknowledgment'', with 
     respect to a determination by the Assistant Secretary, means 
     acknowledgment by the United States that--
       (A) an Indian group is an Indian tribe having a government-
     to-government relationship with the United States; and
       (B) the members of the Indian group are eligible for the 
     programs and services provided by the United States to 
     members of Indian tribes because of the status of those 
     members as Indians.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary for Indian Affairs of the 
     Department.
       (3) Autonomous.--The term ``autonomous'', with respect to 
     an Indian group and in the context of the history, geography, 
     culture, and social organization of the Indian group, means 
     an Indian group that exercises the political influence or 
     authority of the Indian group independently of the control of 
     any other Indian group.
       (4) Board.--The term ``Board'' means the Independent Review 
     and Advisory Board established under section 6(a).
       (5) Bureau.--The term ``Bureau'' means the Bureau of Indian 
     Affairs.
       (6) Community.--The term ``community'' means any group of 
     people living within a particular area that, in the context 
     of the history, culture, and social organization of the 
     group, and taking into account the geography of the region in 
     which the group is located, is able to demonstrate that--
       (A) consistent interactions and significant social 
     relationships exist within the membership; and
       (B) the members of the group are differentiated from and 
     identified as distinct from nonmembers.
       (7) Continuous.--With respect to the history of a group, 
     the term ``continuous'' means the period beginning with 
     calendar year 1900 and continuing to the present time 
     substantially without interruption.
       (8) Department.--The term ``Department'' means the 
     Department of the Interior.
       (9) Documented petition.--The term ``documented petition'' 
     means a petition for acknowledgment consisting of a detailed, 
     factual exposition and arguments, and related documentary 
     evidence, that specifically address requirements for 
     acknowledgment established by the Assistant Secretary under 
     section 4(b).
       (10) Historical period.--The term ``historical period'' 
     means the period beginning with 1900 and continuing through 
     the date of submission of a petition for acknowledgment under 
     this Act.
       (11) History.--The term ``history'', with respect to an 
     Indian group or Indian tribe, means the existence of the 
     Indian group or Indian tribe during the historical period.
       (12) Independent research institution.--The term 
     ``independent research institution'' means an academic or 
     museum institution that--
       (A) employs significant resources toward the study of 
     anthropology and other human sciences that are commonly used 
     in reviewing petitions for acknowledgment; and
       (B) could readily detail those resources to assist the 
     Assistant Secretary in reviewing those petitions.
       (13) Indian group.--The term ``Indian group'' means any 
     Indian band, pueblo, village, or community that is not 
     acknowledged.
       (14) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (15) Interested party.--
       (A) In general.--The term ``interested party'' means any 
     person, organization, or other entity that--
       (i) establishes a legal, factual, or property interest in a 
     determination of acknowledgment; and
       (ii) requests an opportunity to submit comments or 
     evidence, or to be kept informed of general actions, 
     regarding a specific petition.
       (B) Inclusions.--The term ``interested party'' includes--
       (i) the Governor of any State;
       (ii) the Attorney General of any State;
       (iii) any unit of local government; and
       (iv) any Indian tribe, or Indian group, that may be 
     directly affected by a determination of acknowledgment.
       (16) Letter of intent.--The term ``letter of intent'' means 
     an undocumented letter or resolution that--
       (A) indicates the intent of an Indian group to submit a 
     documented petition for Federal acknowledgment;
       (B) is dated and signed by the governing body of the Indian 
     group; and
       (C) is submitted to the Department.
       (17) Petitioner.--The term ``petitioner'' means any Indian 
     group that submits a letter of intent to the Assistant 
     Secretary.
       (18) Pilot project.--The term ``pilot project'' means the 
     Federal acknowledgment research pilot project established 
     under section 6(c).
       (19) Political influence or authority.--The term 
     ``political influence or authority'', with respect to the 
     exercise or maintenance by an Indian group, means the use by 
     the Indian group of a tribal council, leadership, internal 
     process, or other mechanism, in the context of the history, 
     culture, and social organization of the Indian group, as a 
     means of--
       (A) influencing or controlling the behavior of members of 
     the Indian group in a significant manner;
       (B) making decisions for the Indian group that 
     substantially affect members of the Indian group; or
       (C) representing the Indian group in dealing with 
     nonmembers in matters of consequence to the Indian group.
       (20) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (21) Treaty.--The term ``treaty'' means any treaty--
       (A) negotiated and ratified by the United States on or 
     before March 3, 1871, with, or on behalf of, any Indian group 
     or Indian tribe;
       (B) made by any government with, or on behalf of, any 
     Indian group or Indian tribe, as a result of which the 
     Federal Government or the colonial government that was the 
     predecessor to the Federal Government subsequently acquired 
     territory by purchase, conquest, annexation, or cession; or
       (C) negotiated by the United States with, or on behalf of, 
     any Indian group in California, regardless of whether the 
     treaty was subsequently ratified.
       (22) Tribal roll.--The term ``tribal roll'' means a list 
     exclusively of individuals who--
       (A)(i) have been determined by an Indian tribe to meet the 
     membership requirements of the Indian tribe, as described in 
     the governing document of the Indian tribe; or
       (ii) in the absence of a governing document that describes 
     those requirements, have been recognized as members of the 
     Indian tribe by the governing body of the Indian tribe; and

[[Page S1904]]

       (B) have affirmatively demonstrated consent to being listed 
     as members of the Indian tribe.

     SEC. 4. ACKNOWLEDGMENT PROCESS.

       (a) Letter of Intent.--
       (1) In general.--An Indian group that desires to initiate 
     with the Department a petition for acknowledgment shall 
     submit to the Assistant Secretary a letter of intent that 
     provides to the Assistant Secretary relevant information 
     concerning the Indian group that may be used to provide 
     notice to interested parties.
       (2) Contents.--The Indian group shall include in the letter 
     of intent, to the maximum extent practicable--
       (A) the current name of the Indian group and any name by 
     which the Indian group may have been identified throughout 
     the history of the Indian group;
       (B) the 1 or more names of the governing body of the Indian 
     group;
       (C) the current address of the governing body of the Indian 
     group; and
       (D) a brief narrative of the history of the Indian group 
     describing--
       (i) the geographic areas in which the Indian group may have 
     been located during that history; and
       (ii) any relationships of the Indian group with other 
     Indian tribes or Indian groups.
       (3) Notice.--Not later than 90 days after the date of 
     receipt of a letter of intent from an Indian group, the 
     Assistant Secretary shall notify the Indian group and 
     interested parties whether the letter of intent reasonably 
     identifies the Indian group.
       (b) Requirements for Petitions.--
       (1) Evidence.--
       (A) In general.--Except as provided in paragraph (2), on or 
     after filing a letter of intent, an Indian group that seeks 
     acknowledgment shall submit to the Assistant Secretary a 
     petition accompanied by evidence that demonstrates the 
     existence of the Indian group during the historical period.
       (B) Evidence relating to historical existence.--To 
     establish the existence of an Indian group during the 
     historical period, a petition shall include evidence that 
     demonstrates with reasonable likelihood that each factor 
     described in section 5 with respect to the petition has been 
     achieved by the petitioner.
       (C) Access to library of congress and national archives.--
     On request by a petitioner, the appropriate officials of the 
     Library of Congress and the National Archives shall permit 
     access by the petitioner to the resources, records, and 
     documents relating to the petitioner for the purposes of 
     conducting research and preparing evidence concerning the 
     status of the petitioner.
       (2) Ineligible groups and entities.--The following groups 
     and entities shall not be eligible to submit to the Assistant 
     Secretary a petition for acknowledgment under this Act:
       (A) Any Indian tribe, organized band, pueblo, community, or 
     Alaska Native entity that, as of the date of enactment of 
     this Act, is acknowledged.
       (B) Any Indian group, political faction, or community that 
     separates from the main population of an Indian tribe, unless 
     the Indian group, faction, or community establishes to the 
     satisfaction of the Assistant Secretary that the Indian 
     group, political faction, or community has functioned as an 
     autonomous Indian group throughout the historical period.
       (C) Any Indian group, or successor in interest of an Indian 
     group (other than an Indian tribe, organized band, pueblo, 
     community, or Alaska native entity described in subparagraph 
     (A)), that, before the date of enactment of this Act, in 
     accordance with regulations promulgated by the Secretary, 
     petitioned for, and was denied or refused, acknowledgment 
     based on the merits of the petition (except that nothing in 
     this subparagraph excludes any group that Congress has 
     identified as an Indian group but has not identified as an 
     Indian tribe).
       (D) Any Indian group the relationship of which with the 
     Federal Government was expressly terminated by an Act of 
     Congress.
       (c) Notice of Receipt of a Petition; Schedule.--
       (1) Publication.--
       (A) In general.--Not later than 30 days after the date on 
     which the Assistant Secretary receives a documented petition 
     under subsection (b), the Assistant Secretary shall publish 
     in the Federal Register a notice of receipt of the petition.
       (B) Inclusions.--The notice shall include--
       (i) the name and location of the petitioner;
       (ii) such other information as the Assistant Secretary 
     determines will identify the petitioner;
       (iii) the date of receipt of the petition;
       (iv) information describing 1 or more locations at which a 
     copy of the petition and related submissions may be examined 
     by the public; and
       (v) a description of the procedure by which an interested 
     party may submit--

       (I) evidence in support of or in opposition to the request 
     of the petitioner for acknowledgment; or
       (II) a request to be kept informed of all actions affecting 
     the petition.

       (2) Schedule.--Not later than 60 days after the date of 
     publication of a notice under paragraph (1)(A), the Assistant 
     Secretary shall establish a schedule for--
       (A) the submission of evidence and arguments relating to 
     the petition; and
       (B) the publication of proposed findings of the Assistant 
     Secretary with respect to the petition.
       (d) Review of Petitions.--
       (1) In general.--On receipt of a documented petition, the 
     Assistant Secretary, in accordance with the schedule 
     established under subsection (c)(2), shall--
       (A) conduct a review to determine whether the petitioner is 
     entitled to acknowledgment; and
       (B) publish in the Federal Register the proposed findings 
     of the Assistant Secretary with respect to that 
     determination.
       (2) Content of review.--The review conducted under 
     paragraph (1) shall include consideration of--
       (A) the petition;
       (B) any supporting evidence; and
       (C) any factual statements contained in the petition 
     relating to other submissions, including oral accounts of the 
     history of the petitioner submitted by the petitioner.
       (3) Consideration of evidence.--Evidence received from 
     interested parties under subsection (c)(1)(B)(v)(I) shall 
     be--
       (A) considered by the Assistant Secretary; and
       (B) noted in any final determination regarding a petition.
       (4) Other research.--In conducting a review under this 
     subsection, the Assistant Secretary may--
       (A) initiate other research for any purpose relating to--
       (i) analysis of the petition; or
       (ii) the acquisition of additional information concerning 
     the status of the petitioner;
       (B) initiate research through the pilot project or the 
     Board; and
       (C) consider evidence submitted by interested parties, 
     including oral accounts of the history of the petitioner 
     submitted by other Indian tribes.
       (5) Exception for lack of certain evidence.--If the 
     Assistant Secretary determines that, for any period of time, 
     evidence necessary to carry out this subsection is lacking, 
     the lack of evidence shall not be the basis for a 
     determination of the Assistant Secretary not to acknowledge a 
     petitioner if the Assistant Secretary determines that the 
     lack of evidence may be attributed to--
       (A) any applicable official act of the Federal Government 
     or a State government; or
       (B) any applicable unofficial act of an officer or agent of 
     the Federal Government or a State government.
       (e) Final Determination.--
       (1) In general.--On review of all evidence submitted under 
     section 5 and this section and the results of research 
     conducted under section 5 and this section by the Assistant 
     Secretary (including through the pilot project or the Board), 
     and after providing a petitioner an opportunity to respond to 
     proposed findings of the Assistant Secretary against 
     acknowledgment, the Assistant Secretary shall make a final 
     determination in writing whether the petitioner is entitled 
     to acknowledgment.
       (2) Facts and conclusions.--A final determination under 
     paragraph (1) shall include all facts and conclusions of law 
     in accordance with which the final determination was made.
       (3) Notification of acknowledgment.--If the Assistant 
     Secretary determines under paragraph (1) that a petitioner is 
     entitled to acknowledgment, the Assistant Secretary shall--
       (A) acknowledge the petitioner;
       (B) notify the petitioner and any interested parties of the 
     final determination to acknowledge the petitioner;
       (C) provide to the petitioner and any interested parties a 
     copy of the final determination; and
       (D) not later than 7 days after notifying the petitioner 
     and any interested parties under subparagraph (B), publish in 
     the Federal Register a notice of the final determination of 
     acknowledgment.
       (f) Judicial Review.--
       (1) In general.--Not later than 60 days after the date of 
     publication of the notice of a final determination described 
     in subsection (e)(3)(D), a petitioner may seek judicial 
     review of the final determination by the United States 
     District Court for the District of Columbia.
       (2) Statement of intent.--It is the intent of Congress 
     that, in accordance with Federal law relating to 
     interpretations of treaties and Acts of Congress affecting 
     the rights, powers, privileges, and immunities of Indian 
     tribes, any ambiguity in this Act be liberally construed in 
     favor of an Indian group or Indian tribe.
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2004 through 2013.

     SEC. 5. DOCUMENTED PETITIONS.

       (a) Factors for Consideration.--A petition for 
     acknowledgment submitted by an Indian group shall be in any 
     readable form that--
       (1) clearly indicates that the petition is a documented 
     petition requesting acknowledgment of the Indian group; and
       (2) contains detailed, specific evidence as described in 
     subsections (b) through (g).
       (b) Statement of Facts Relating to Identity.--
       (1) In general.--A petition described in subsection (a) 
     shall contain a statement of facts and an analysis of those 
     facts establishing that the petitioner has been identified as 
     an Indian group in the United States on a substantially 
     continuous basis.
       (2) Previous denials of status.--The Assistant Secretary 
     shall not consider any evidence that the status of the 
     petitioner as an

[[Page S1905]]

     Indian group has previously been denied to be conclusive 
     evidence that the factor described in paragraph (1) has not 
     been met.
       (3) Evidence relating to identity.--In determining the 
     Indian identity of a group, the Assistant Secretary may use 
     as evidence 1 or more of the following:
       (A) An identification of the petitioner as an Indian entity 
     by any department, agency, or instrumentality of the Federal 
     Government.
       (B) A relationship between the petitioner and any State 
     government, based on an identification of the petitioner by 
     the State as an Indian entity.
       (C) Any dealings of the petitioner with a county or 
     political subdivision of a State in a relationship based on 
     an identification of the petitioner as an Indian group.
       (D) An identification of the petitioner as an Indian group 
     by records in a private or public archive, courthouse, 
     church, or school.
       (E) An identification of the petitioner as an Indian group 
     by an anthropologist, historian, or other scholar.
       (F) An identification of the petitioner as an Indian group 
     in a newspaper, book, or similar medium.
       (G) An identification of the petitioner as an Indian group 
     by an Indian tribe or by a national, regional, or State 
     Indian organization.
       (H) An identification of the petitioner as an Indian group 
     by a foreign government or an international organization.
       (I) Such other evidence of identification as may be 
     provided by a person or entity other than the petitioner or a 
     member of the membership of the petitioner.
       (c) Statement of Facts Relating to Evidence of Community.--
       (1) In general.--A petition described in subsection (a) 
     shall include a statement of facts and an analysis of those 
     facts establishing that a predominant portion of the 
     membership of the petitioner--
       (A) comprises a community distinct from the communities 
     surrounding that community; and
       (B) has existed as a community throughout the historical 
     period.
       (2) Evidence relating to community.--In determining whether 
     the membership of the petitioner meets the requirements of 
     paragraph (1), the Assistant Secretary may use as evidence 1 
     or more of the following:
       (A) Significant rates of marriage within the membership of 
     the petitioner, or, as may be culturally required, patterned 
     out-marriages with other Indian populations.
       (B) Significant social relationships connecting individual 
     members of the petitioner.
       (C) Significant rates of informal social interaction that 
     exist broadly among the members of the petitioner.
       (D) A significant degree of shared or cooperative labor or 
     other economic activity among the membership of the 
     petitioner.
       (E) Evidence of strong patterns of discrimination or other 
     social distinctions against members of the petitioner by 
     nonmembers.
       (F) Shared sacred or secular ritual activity encompassing a 
     majority of members of the petitioner.
       (G) Cultural patterns that--
       (i) are shared among a significant portion of the members 
     of the petitioner;
       (ii) are different from the cultural patterns of the non-
     Indian populations with whom the membership of the petitioner 
     interacts;
       (iii) function as more than a symbolic identification of 
     the petitioner as Indian; and
       (iv) may include language, kinship, or religious 
     organizations, or religious beliefs and practices.
       (H) The persistence of a named, collective Indian identity 
     during a continuous period of at least 50 years, 
     notwithstanding any change in name.
       (I) A demonstration of historical political influence or 
     authority of the petitioner.
       (J) A demonstration that not less than 50 percent of the 
     members of the petitioner exhibit collateral kinship ties 
     through generations to the third degree.
       (3) Criteria for sufficient evidence.--The Assistant 
     Secretary shall consider a petitioner to have provided 
     sufficient evidence of community under this subparagraph if 
     the petitioner has provided to the Assistant Secretary 
     evidence demonstrating that, throughout the historical 
     period--
       (A)(i) more than 50 percent of the members of the 
     petitioner reside in a particular geographical area 
     exclusively, or almost exclusively, composed of members of 
     the group; and
       (ii) the balance of the membership maintains consistent 
     social interaction with other members of the petitioner;
       (B) not less than \1/3\ of the marriages of the petitioner 
     are between members of the petitioner;
       (C) not less than 50 percent of the members of the 
     petitioner maintain distinct cultural patterns, including 
     language, kinship, and religious organizations, or religious 
     beliefs or practices;
       (D) distinct community social institutions (such as kinship 
     organizations, formal or informal economic cooperation, and 
     religious organizations) encompass at least 50 percent of the 
     members of the petitioner; or
       (E) the petitioner has met the requirement under subsection 
     (d)(1) using evidence described in subsection (d)(2).
       (d) Statement of Facts Relating to Autonomous Nature of 
     Petitioner.--
       (1) In general.--A petition described in subsection (a) 
     shall include a statement of facts and an analysis of those 
     facts establishing that the petitioner has maintained 
     political influence or authority over members of the 
     petitioner throughout the historical period.
       (2) Evidence relating to autonomous nature.--In determining 
     whether a petitioner is an autonomous entity under paragraph 
     (1), the Assistant Secretary may use as evidence 1 or more of 
     the following:
       (A) A demonstration that the petitioner is capable of 
     mobilizing significant numbers of members and significant 
     member resource for purposes relating to the petitioner.
       (B) Evidence that most of the members of the petitioner 
     consider actions taken by leaders or governing bodies of the 
     petitioner to be of personal importance.
       (C) Evidence that there is widespread knowledge, 
     communication, and involvement in political processes of the 
     petitioner by a majority of the members of the petitioner.
       (D) Evidence that the petitioner meets the requirement of 
     subsection (c)(1) at more than a minimal level.
       (E) A demonstration by the petitioner that there are 
     conflicts within the membership that demonstrate controversy 
     over valued goals, properties, policies, processes, or 
     decisions of the petitioner.
       (F) A demonstration or description by the petitioner of--
       (i) a continuous line of leaders of the petitioner; and
       (ii) the means by which a majority of the members of the 
     petitioner selected, or approved the selection of, those 
     leaders.
       (3) Evidence of exercise of political influence or 
     authority.--The Assistant Secretary shall consider a 
     petitioner to have provided sufficient evidence to 
     demonstrate the exercise of political influence or authority 
     if the petitioner demonstrates that decisions by leaders of 
     the petitioner (or decisions made through another 
     decisionmaking process) have been made throughout the 
     historical period with respect to--
       (A) the allocation of group resources such as land, 
     residence rights, or similar resources on a consistent basis;
       (B) the settlement on a regular basis, by mediation or 
     other means, of disputes between members or subgroups of 
     members of the petitioner (such as clans or lineages);
       (C) the exertion of strong influence on the behavior of 
     individual members of the petitioner, such as the 
     establishment or maintenance of norms and the enforcement of 
     sanctions to direct or control behavior; or
       (D) the organization or influencing of economic subsistence 
     activities among the members of the petitioner, including 
     shared or cooperative labor.
       (e) Governing Document.--
       (1) In general.--A petition described in subsection (a) 
     shall include a copy of the governing document of the 
     petitioner in effect as of the date of submission of the 
     petition that includes a description of the membership 
     criteria of the petitioner.
       (2) Alternative statement.--If no written governing 
     document described in paragraph (1) exists, a petitioner 
     shall include with a petition described in subsection (a) a 
     detailed statement that describes--
       (A) the membership criteria of the petitioner; and
       (B) the governing procedures of the petitioner in effect as 
     of the date of submission of the petition.
       (f) List of Members.--
       (1) In general.--A petition described in subsection (a) 
     shall include--
       (A) a list of all members of the petitioner as of the date 
     of submission of the petition that includes for each member--
       (i) a full name (and maiden name, if any);
       (ii) a date and place of birth; and
       (iii) a current residential address;
       (B) a copy of each available former list of members of the 
     petitioner; and
       (C) a statement describing the methods used in preparing 
     those lists.
       (2) Requirements for membership.--In determining whether to 
     consider the members of a petitioner to be members of an 
     Indian group for the purpose of a petition described in 
     subparagraph (A), the Assistant Secretary shall require that 
     the membership consist of descendants of--
       (A) an Indian group that existed during the historical 
     period; or
       (B) 1 or more Indian groups that, at any time during the 
     historical period, combined and functioned as a single 
     autonomous entity.
       (3) Evidence of tribal membership.--In making the 
     determination under paragraph (2), the Assistant Secretary 
     may use as evidence 1 or more of the following:
       (A) Tribal rolls prepared by the Secretary for the 
     petitioner for the purpose of distributing claims money or 
     providing allotments, or for other any other purpose.
       (B) Any Federal, State, or other official record or 
     evidence identifying members of the petitioner as of the date 
     of submission of the petition, or ancestors of those members, 
     as being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (C) Any church, school, or other similar enrollment record 
     identifying members of the petitioner as of the date of 
     submission of the petition, or ancestors of those members, as 
     being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (D) An affidavit of recognition by tribal elders, tribal 
     leaders, or a tribal governing

[[Page S1906]]

     body identifying members of the petitioner as of the date of 
     submission of the petition, or ancestors of those members, as 
     being descendants of an Indian group described in 
     subparagraph (A) or (B) of paragraph (2).
       (E) Any other record or evidence based on firsthand 
     experience of a historian, anthropologist, or genealogist 
     with established expertise on the petitioner or Indian 
     entities in general, identifying members of the petitioner as 
     of the date of submission of the petition, or ancestors of 
     those members, as being descendants of an Indian group 
     described in subparagraph (A) or (B) of paragraph (2).
       (g) Exceptions.--
       (1) In general.--An Indian group described in paragraph (2) 
     shall be required to provide evidence for a petition for 
     acknowledgment submitted under this section only with respect 
     to the period--
       (A) beginning on the date on which the Department first 
     notifies the Indian group that the Indian group is not 
     eligible for Federal services or programs because of a lack 
     of status as an Indian tribe; and
       (B) ending on the date of submission of the petition.
       (2) Indian group.--An Indian group referred to in this 
     paragraph is an Indian group that demonstrates by a 
     reasonable likelihood of the validity of the evidence that 
     the Indian group was, or is a successor in interest to--
       (A) a party to 1 or more treaties;
       (B) a group acknowledged by any agency of the Federal 
     Government as eligible to participate in a project or 
     activity under the Act of June 18, 1934 (commonly known as 
     the ``Indian Reorganization Act'') (25 U.S.C. 461 et seq.);
       (C) a group--
       (i) for the benefit of which the United States took land 
     into trust; or
       (ii) that has been treated by the Federal Government as 
     having collective rights in tribal land or funds; or
       (D) a group that has been designated as an Indian tribe by 
     an Act of Congress or Executive order.

     SEC. 6. ADDITIONAL RESOURCES.

       (a) Independent Review and Advisory Board.--
       (1) In general.--The Assistant Secretary shall establish 
     the Independent Review and Advisory Board--
       (A) to assist the Assistant Secretary in addressing unique 
     evidentiary questions relating to the acknowledgment process;
       (B) to provide secondary peer review of acknowledgment 
     determinations by the Assistant Secretary; and
       (C) to enhance the credibility of the acknowledgment 
     process as perceived by Congress, petitioners, interested 
     parties, and the public.
       (2) Number and qualifications.--
       (A) In general.--The Board shall be composed of 9 
     individuals appointed by the Assistant Secretary, of whom--
       (i) at least 3 individuals shall have a doctoral degree in 
     anthropology;
       (ii) at least 3 individuals shall have a doctoral degree in 
     genealogy;
       (iii) at least 2 individuals shall have a doctor of 
     jurisprudence degree; and
       (iv) at least 1 individual shall be qualified as a 
     historian, as determined by the Assistant Secretary.
       (B) Preference.--In making appointments under subparagraph 
     (A), the Assistant Secretary shall give preference to 
     individuals having an academic background or professional 
     experience in Federal Indian policy or American Indian 
     history.
       (C) Conflicts of interest.--No member of the Board shall, 
     at the time of appointment or during the 1-year period 
     preceding the date of appointment, have represented, or 
     conducted research for, any Indian group or interested party 
     with respect to a petition for acknowledgment filed, or 
     intended to be filed, with the Assistant Secretary.
       (D) Status as employees.--A member of the Board shall not 
     be considered to be an employee of the Department.
       (3) Tenure; reimbursement.--
       (A) Tenure.--A member of the Board--
       (i) shall be appointed for an initial term of 2 years; and
       (ii) may be reappointed for such additional terms as the 
     Assistant Secretary determines to be appropriate.
       (B) Reimbursement.--A member of the Board shall be 
     reimbursed for reasonable expenses incurred in assisting the 
     Assistant Secretary under this section, in accordance with 
     Department policy regarding reimbursement of expenses for 
     individuals serving as advisory board or committee members.
       (4) Review and advice.--
       (A) Before issuance of proposed findings.--At any time 
     before the date of issuance of proposed findings under 
     section 4(d)(1)(B) with respect to a petition for 
     acknowledgment under review by the Assistant Secretary, the 
     Assistant Secretary may request an opinion from the Board 
     with respect to the petition if the Assistant Secretary 
     determines that--
       (i) the petition contains 1 or more evidentiary submissions 
     that raise unique issues or matters of first impression 
     relating to 1 or more requirements described in section 5; or
       (ii) the Assistant Secretary is unable to determine the 
     sufficiency of evidence for 1 or more of those requirements.
       (B) After issuance of proposed findings.--After issuance by 
     the Assistant Secretary of proposed findings under section 
     4(d)(1)(B), but before issuance of the final determination, 
     with respect to a petition, the Assistant Secretary shall 
     request a review by the Board of the proposed findings.
       (C) Level of review.--
       (i) In general.--The Board shall conduct a review requested 
     under subparagraph (B) to determine whether an evidentiary 
     question or deficiency exists with respect to 1 or more 
     requirements relating to a petition.
       (ii) Limitation by assistant secretary of scope of 
     review.--In requesting a review under subparagraph (B), the 
     Assistant Secretary may restrict the scope of the review to 
     address fewer than all matters with respect to a petition.
       (iii) Limitation by board of scope of review.--In carrying 
     out a review under subparagraph (B), the Board, in accordance 
     with all applicable professional standards of the members of 
     the Board, may--

       (I) confine the review to--

       (aa) the evidence submitted; or
       (bb) the proposed findings issued under section 4(d)(1)(B);

       (II) extend the review to the evidence submitted by 
     petitioners and interested parties;
       (III) request that the Assistant Secretary request 
     additional submissions by petitioners or interested parties; 
     and
       (IV) recommend that the Assistant Secretary hold a formal 
     or informal administrative proceeding at which the Board may 
     present questions to, and seek additional information from, 
     petitioners and interested parties.

       (b) Assistance to Petitioners and Interested Parties.--
       (1) Grants.--
       (A) In general.--Subject to paragraph (2), the Assistant 
     Secretary may provide to a petitioner or interested party a 
     grant to offset costs incurred in submitting--
       (i) a petition (including related evidence or documents); 
     or
       (ii) a legal argument in support of or in opposition to a 
     petition.
       (B) Limitation.--In making grants under subparagraph (A), 
     the Assistant Secretary shall ensure that not less than 50 
     percent of the amounts made available for the grants are 
     reserved for petitioners.
       (2) Eligibility.--The Assistant Secretary shall provide a 
     grant under paragraph (1) based on a demonstration of need of 
     a petitioner or an interested party that is evaluated using 
     such objective criteria as the Secretary may promulgate by 
     regulation.
       (3) Other assistance.--A grant made to an Indian group 
     under paragraph (1) shall be in addition to any other 
     assistance received by the Indian group under any other 
     provision of law.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2004 through 2014.
       (c) Federal Acknowledgment Research Pilot Project.--
       (1) Establishment.--The Assistant Secretary shall establish 
     a Federal acknowledgment research pilot project to make 
     available additional research resources for researching, 
     reviewing, and analyzing petitions for acknowledgment 
     received by the Assistant Secretary.
       (2) Composition.--
       (A) In general.--The Assistant Secretary, in consultation 
     with the Secretary of the Smithsonian Institution, shall 
     identify a variety of independent research institutions that 
     have the academic and research facilities capable of 
     assisting in the review of petitions described in paragraph 
     (1).
       (B) Proposals.--The Assistant Secretary shall--
       (i) invite each institution identified under subparagraph 
     (A) to submit to the Assistant Secretary a proposal for 
     participation in the pilot project; and
       (ii) approve not more than 3 proposals submitted under 
     clause (i).
       (C) Grants.--The Assistant Secretary may provide a grant to 
     each institution the proposal of which is approved under 
     subparagraph (B)(ii) to assist the institution in 
     participating in the pilot project.
       (3) Duties.--Each institution approved to participate in 
     the pilot project shall assemble and provide a research team 
     that, under the direction of the Assistant Secretary, shall--
       (A) review submissions described in paragraph (1); and
       (B) submit to the Assistant Secretary conclusions and 
     recommendations of the research team that are based on the 
     submissions reviewed.
       (4) Use of conclusions.--The Assistant Secretary may take 
     into consideration any conclusions and recommendations of a 
     research team in making a determination of acknowledgment 
     under this Act.
       (5) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to Congress a report that describes the effectiveness of the 
     pilot project.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $3,000,000 
     for each of fiscal years 2004 through 2006.

     SEC. 7. INAPPLICABILITY OF FOIA.

       (a) In General.--Section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act''), shall 
     not apply to any action of the Assistant Secretary with 
     respect to a petition for acknowledgment under this Act, and 
     the Assistant Secretary shall have no obligation to

[[Page S1907]]

     provide all or any portion of a petition, or to provide 
     information regarding the contents of a petition, to any 
     person or entity, until such time as--
       (1) the petition has been fully documented; and
       (2) the Assistant Secretary has published a notice in 
     accordance with section 4(c)(1)(A).
       (b) Exception.--The restriction under subsection (a) on the 
     provision of information contained in or relating to a 
     petition shall not apply to any formal or informal request 
     made or subpoena issued by a law enforcement agency of the 
     United States.
       (c) Assistance From Attorney General.--
       (1) In general.--The Secretary may request assistance from 
     the Attorney General in responding to requests for 
     information relating to a petition made in accordance with 
     section 552 of title 5, United States Code.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Attorney General to provide 
     assistance requested under this subsection $1,000,000 for 
     each of fiscal years 2004 through 2008.

     SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.

       (a) In General.--The acknowledgment of any petitioner under 
     this Act shall not reduce or eliminate--
       (1) the right of any other Indian tribe to govern the 
     reservation of that other tribe (as the reservation exists 
     before, on, or after the date of acknowledgment of the 
     petitioner);
       (2) any property right held in trust or recognized by the 
     United States for the other Indian tribe (as that property 
     right existed before the date of acknowledgment of the 
     petitioner); or
       (3) any previously or independently existing claim by a 
     petitioner to any property right described in paragraph (2) 
     held in trust by the United States for the other Indian tribe 
     before the date of acknowledgment of the petitioner.
       (b) Eligibility for Services and Benefits.--
       (1) In general.--Subject to paragraph (2), on 
     acknowledgment by the Assistant Secretary of a petitioner 
     under this Act, the newly-acknowledged Indian tribe shall--
       (A) have a government-to-government relationship with the 
     United States;
       (B) be eligible for the programs and services provided by 
     the United States to members of other Indian tribes because 
     of the status of those members as Indians; and
       (C) have the responsibilities, obligations, privileges, and 
     immunities of those other Indian tribes.
       (2) Programs of the bureau.--
       (A) In general.--The acknowledgment by the Assistant 
     Secretary of an Indian group under this Act shall not 
     establish any immediate entitlement to participation in any 
     program of the Bureau in existence as of the date of 
     acknowledgment.
       (B) Availability of programs.--
       (i) In general.--Participation in a program described in 
     subparagraph (A) shall be available to an Indian tribe 
     described in paragraph (1) at such time as funds are made 
     available for that purpose.
       (ii) Requests for appropriations.--The Secretary and the 
     Secretary of Health and Human Services shall submit budget 
     requests for funding for increased participation in a program 
     described in subparagraph (A) in accordance with subsection 
     (c).
       (c) Needs Determination and Budget Request.--
       (1) In general.--Not later than 180 days after a petitioner 
     is acknowledged under this Act, the appropriate officials of 
     the Bureau and the Indian Health Service of the Department of 
     Health and Human Services shall consult with the newly-
     acknowledged Indian tribe concerning, develop in cooperation 
     with the newly-acknowledged Indian tribe, and forward to the 
     Secretary or the Secretary of Health and Human Services, as 
     appropriate--
       (A) a determination of the needs of the Indian tribe; and
       (B) a recommended budget required to serve the Indian 
     tribe.
       (2) Submission of budget request.--For each fiscal year, 
     the Secretary or the Secretary of Health and Human Services, 
     as appropriate, shall submit to the President a recommended 
     budget for programs and services provided by the United 
     States to members of Indian tribes because of the status of 
     those members as Indians (including funding recommendations 
     for newly-acknowledged Indian tribes based on the information 
     received under paragraph (1)) for inclusion in the annual 
     budget submitted by the President to Congress in accordance 
     with section 1108 of title 31, United States Code.

     SEC. 9. REGULATIONS.

       The Secretary may--
       (1) promulgate such regulations as are necessary to carry 
     out this Act; and
       (2) maintain in effect all regulations contained in part 83 
     of title 25, Code of Federal Regulations (or any successor 
     regulations), that are not inconsistent with this Act.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Ms. Cantwell, Mrs. Murray, Mrs. 
        Clinton, Mr. Harkin, Mr. Kohl, Mr. Warner, Mr. Allen, Mr. 
        Feingold, Mr. Schumer, and Mr. Grassley):
  S. 298. A bill to provide tax relief and assistance for the families 
of the heroes of the Space Shuttle Columbia, and for other purposes; to 
the Committee on Finance.
  Mr. BAUCUS. Mr. President, Saturday, February 1 was a sad day for 
America, and a sad day for the world. In the blink of an eye, we lost 
the cream of our astronaut corps when the Space Shuttle Columbia 
disintegrated upon re-entry into the Earth's atmosphere.
  Our Nation and the world mourns the loss of these heroes: Lt. Col. 
Michael P. Anderson, U.S. Navy Capt. David Brown, U.S. Navy Commander 
Laurel Clark, Dr. Kalpana Chawla, U.S. Air Force Col. Rick Husband, 
Naval Commander William McCool, and Israeli Air Force Colonel Ilan 
Ramon. The loved ones they left behind mourn the loss of fathers and 
mothers, sons and daughters, sisters, brothers, and friends.
  We have a duty to those who lost their lives for the advancement of 
science and increasing our knowledge of the world we live in: a duty 
first to find out what went wrong and make sure it never goes wrong 
again, a duty to take up where they left off and continue exploring the 
unknowns of the universe, and just as importantly, a duty to help take 
care of the loved ones they left behind.
  After the horrible day of terrorist attacks on September 11, 2001, 
Congress paid tribute to the lives lost in those attacks, and in the 
bombing in Oklahoma City and the anthrax attacks, by expanding certain 
tax benefits previously only available to soldiers who had been killed 
in combat zones. The benefits include income tax relief, an exclusion 
of death benefit payments, estate tax relief and a streamlining of the 
rules governing the distribution of funds by charitable organizations.
  I believe the families of the heroes of the Columbia Shuttle mission, 
and families of astronauts that may be lost in the future, deserve no 
less.
  Military or civilian employees of the U.S. who die as a result of 
terrorist or military activity outside the U.S., victims of the 
terrorist attacks of 9/11, of the Oklahoma City bombing and of the 
post-9/11 anthrax attacks, are generally exempt from income tax for the 
year of death and the year prior to death. For those that have little 
income tax liability, a minimum tax relief benefit of $10,000 is 
provided.
  Current law exempts from income tax certain death benefits paid by 
the U.S. government to soldiers killed in the line of duty. The law 
also generally excludes from income payments made by an employer to the 
families of the victims of the terrorist attack of 9/11, Oklahoma City 
and the anthrax attacks. The exclusion does not apply to amounts that 
would have been payable if the individual had died for a reason other 
than the attack.
  Current law also provides a reduction in Federal estate tax for 
soldiers who are killed in action while serving in a combat zone, or as 
a result of wounds, disease or injury suffered while serving in the 
combat zone. Comparable benefits are also provided to the victims of 9/
11, Oklahoma City and the anthrax attacks. The amount of benefit is 
equal to 125 percent of the 2001 State death tax credit amount, which 
effectively establishes a 20 percent estate tax bracket for those who 
qualify for this benefit.
  And finally, we have a streamlined process for the distribution of 
charitable donations to the families of the victims of 9/11, Oklahoma 
City and the anthrax attacks. The key element of this process allows 
organizations that make payments in good faith using a reasonable and 
objective formula which is consistently applied not to make a specific 
assessment of need prior to distributing funds so long as the payments 
serve a charitable class.
  My legislation, the Assistance for Families of Space Shuttle Heroes 
Act, makes all of the above benefits available to the families of the 
fallen Columbia crew, as well as to other astronauts that may be killed 
in the line of duty in future years.
  The seven members of the Columbia crew were true heroes. They are 
deeply missed by their family and friends. Through their dedication to 
space exploration, they lived their lives to the fullest and made long-
lasting contributions to the nation and to the world. Tax relief will 
never fill the hole that has been left in the lives and hearts of their 
families by Saturday's explosion.
  But astronauts have trouble obtaining private life insurance policies 
given

[[Page S1908]]

the high-risk nature of their jobs, so their families face an uncertain 
future even as they mourn the loss of loved ones that will never be 
replaced. This legislation is especially critical for their future. It 
is one small step we can make as Americans to help these families get 
through these dark days, and the challenges they will face in the years 
to come.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 298

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Assistance for Families of 
     Space Shuttle Columbia Heroes Act''.

     SEC. 2. TAX RELIEF AND ASSISTANCE FOR FAMILIES OF SPACE 
                   SHUTTLE COLUMBIA HEROES.

       (a) Income Tax Relief.--
       (1) In general.--Subsection (d) of section 692 of the 
     Internal Revenue Code of 1986 (relating to income taxes of 
     members of Armed Forces and victims of certain terrorist 
     attacks on death) is amended by adding at the end the 
     following new paragraph:
       ``(5) Relief with respect to astronauts.--The provisions of 
     this subsection shall apply to any astronaut whose death 
     occurs in the line of duty, except that paragraph (3)(B) 
     shall be applied by using the date of the death of the 
     astronaut rather than September 11, 2001.''.
       (2) Conforming amendments.--
       (A) Section 5(b)(1) of such Code is amended by inserting 
     ``, astronauts,'' after ``Forces''.
       (B) Section 6013(f)(2)(B) of such Code is amended by 
     inserting ``, astronauts,'' after ``Forces''.
       (3) Clerical amendments.--
       (A) The heading of section 692 of such Code is amended by 
     inserting ``, ASTRONAUTS,'' after ``FORCES''.
       (B) The item relating to section 692 in the table of 
     sections for part II of subchapter J of chapter 1 of such 
     Code is amended by inserting ``, astronauts,'' after 
     ``Forces''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2002.
       (b) Death Benefit Relief.--
       (1) In general.--Subsection (i) of section 101 of the 
     Internal Revenue Code of 1986 (relating to certain death 
     benefits) is amended by adding at the end the following new 
     paragraph:
       ``(4) Relief with respect to astronauts.--The provisions of 
     this subsection shall apply to any astronaut whose death 
     occurs in the line of duty.''.
       (2) Clerical amendment.--The heading for subsection (i) of 
     section 101 of such Code is amended by inserting ``or 
     Astronauts'' after ``Victims''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid after December 31, 2002, with 
     respect to deaths occurring after such date.
       (c) Estate Tax Relief.--
       (1) In general.--Section 2201(b) of the Internal Revenue 
     Code of 1986 (defining qualified decedent) is amended by 
     striking ``and'' at the end of paragraph (1)(B), by striking 
     the period at the end of paragraph (2) and inserting ``, 
     and'', and by adding at the end the following new paragraph:
       ``(3) any astronaut whose death occurs in the line of 
     duty.''.
       (2) Clerical amendments.--
       (A) The heading of section 2201 of such Code is amended by 
     inserting ``, DEATHS OF ASTRONAUTS,'' after ``FORCES''.
       (B) The item relating to section 2201 in the table of 
     sections for subchapter C of chapter 11 of such Code is 
     amended by inserting ``, deaths of astronauts,'' after 
     ``Forces''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to estates of decedents dying after December 31, 
     2002.
       (d) Payments by Charitable Organizations.--
       (1) In general.--For purposes of the Internal Revenue Code 
     of 1986--
       (A) payments made by an organization described in section 
     501(c)(3) of such Code by reason of the death of an astronaut 
     occurring in the line of duty after December 31, 2002, shall 
     be treated as related to the purpose or function constituting 
     the basis for such organization's exemption under section 501 
     of such Code if such payments are made in good faith using a 
     reasonable and objective formula which is consistently 
     applied; and
       (B) in the case of a private foundation (as defined in 
     section 509 of such Code), any payment described in paragraph 
     (1) shall not be treated as made to a disqualified person for 
     purposes of section 4941 of such Code.
       (2) Effective date.--This subsection shall apply to 
     payments made after December 31, 2002.
                                 ______
                                 
      By Ms. SNOWE (for herself and Ms. Collins):
  S. 299. A bill to modify the boundaries for a certain empowerment 
zone designation; to the Committee on Finance.
  Ms. SNOWE. Mr. President, I rise today to introduce legislation to 
help reverse the devastating population decline and economic distress 
that has plagued individuals and businesses in Maine's northernmost 
county. Aroostook County. What the bill does is simple, it will bring 
all of Aroostook County under the Empowerment Zone program.
  To fully grasp the importance of this legislation, it is necessary to 
understand the unique situation facing the residents of Aroostook 
County. ``The County'', as it is called by Mainers, is a vast and 
remote region of Maine known for its expansive forest tracts and rugged 
terrain. As the northernmost county, it shares more of its border with 
Canada than its neighboring Maine counties, and has the distinction of 
being the largest county east of the Mississippi River. Its geographic 
isolation is even more acute when considering that the county's 
relatively small population of 76,000 people are scattered throughout 
6,672 square miles of rural countryside. There are 208 townships in 
Aroostook County, however, well over half of the territory remains 
unorganized as forestland or wilderness.
  Anyone traveling in Aroostook County can appreciate what these 
numbers cannot fully convey. Visiting many remote communities in 
Aroostook County by car requires navigating long distances on isolated 
roads, often in wintery conditions. Access by public ground 
transportation is nonexistent, and air travel is accessible only in the 
County's two largest towns, each of which has less than 10,000 people.
  As profound as this geographic isolation may seem, it is the economic 
isolation and out-migration that has had the most devastating impact on 
the region. The economy of northern Maine has a historical dependence 
upon its natural resources, particularly forestry and agriculture. 
While these industries served the region well in previous decades, and 
continue to form the underpinnings of the local economy, many of these 
sectors have experienced decline and can no longer provide the number 
and type of quality jobs that residents need. The decline in the 
region's economy was further punctuated by the closure of Loring Air 
Force Base in Limestone in 1994. The Maine State Planning Office 
estimated that the base closure resulted in the loss of 3,494 jobs 
directly related to the base and another 1,751 in associated industry 
sectors, for a total loss of $106.9 million annual payroll dollars.
  While officials in the region have put forward a Herculian effort to 
redevelop the region, with nearly 1,000 new jobs at the Loring Commerce 
Center alone--Aroostook County is still experiencing a significant 
``job deficit'', and as a result continues to lose population at an 
alarming rate. Since its peak in 1960, northern Maine's population has 
declined by 30 percent to its current level of 76,330. Unfortunately, 
the Main State Planning Offset predicts that Aroostook County will 
continue losing population as more workers leave the area to seek 
opportunities and higher wages in southern Maine and the rest of New 
England.
  In January 2002, a portion of Aroostook County was one of two regions 
that received Empowerment Zone status from the USDA for out-migration. 
The entire county experienced an out-migration of 15 percent from 
86,936 in 1990 to 76,330 in 2000. Moreover, a shocking 40 percent of 15 
to 29-year olds left during the last decade.
  The current zone boundaries were chosen based on the criteria that 
Empowerment Zones be no larger than 1,000 square miles, contain no more 
than 3 non-contiguous parcels, and have no more than three developable 
sites greater than 2,000 acres in aggregate. The lines drawn for the 
Aroostook County Empowerment Zone were considered to be the most 
inclusive and reasonable given the constraints of the program. However, 
some of the most distressed communities that have lost substantial 
population are not in the Empowerment Zone, and economic factors for 
these communities are the same as those areas within the Empowerment 
Zone.
  The legislation I am introducing would provide economic development 
opportunities to all reaches of Aroostook County by extending 
Empowerment Zone status to the entire county. This inclusive approach 
recognizes that the economic decline and population

[[Page S1909]]

out-migration are issues that entire region must confront, and, as 
evidenced by their successful Round III EZ application, they are 
attempting to confront. I believe the challenges faced by Aroostook 
County are significant, but not insurmountable. This legislation would 
make great strides in improving the communities and business in 
northern Maine, and I urge my colleagues to join me to support this 
important bill.
  Ms. COLLINS. Mr. President, I am pleased to join my colleague, 
Senator Olympia Snowe, in introducing legislation that will modify the 
borders of the Aroostook County Empowerment Zone to include the entire 
County so that the benefits of Empowerment Zone designation can be 
fully realized in northern Maine.
  The Department of Agriculture's Empowerment Zone program addresses a 
comprehensive range of community challenges, including many that have 
traditionally received little federal assistance, reflecting the fact 
that rural problems do not come in standardized packages but can vary 
widely from one place to another. The Empowerment Zone program 
represents a long-term partnership between the federal government and 
rural communities, ten years in most cases, so that communities have 
enough time to implement projects to build the capacity to sustain 
their development beyond the term of the partnership. An Empowerment 
Zone designation gives designated regions potential access to millions 
of dollars in federal grants for social services and community 
redevelopment as well as tax and regulatory relief over a ten-year 
period.
  Aroostook County is the largest county east of the Mississippi River. 
Yet, despite the impressive character and work ethic of its citizens, 
the County has fallen on hard times. The 2000 Census indicated a 15 
percent loss in population since 1990. Loring Air Force Base, which was 
closed in 1994, also caused an immediate out-migration of 8,500 people 
and a further out-migration of families and businesses that depended on 
Loring for their customer base.
  Unfair trade practices have also struck a blow to the County's 
economy. Aroostook shares more border miles with Canada than most 
northern states. It is bordered for approximately 280 miles to the 
west, north and east by Canada. Canadian farmers and businesses have 
been extremely competitive in Aroostook business markets; as a result, 
farmers have experienced a loss in sales which has caused a drop in the 
potato acreage planted, additional job loss, and still more people 
migrating from Aroostook County. Aroostook's economic situation has 
been further worsened by the strong value of the Canadian dollar in 
relation to the U.S. dollar and the restrictive personal exemption duty 
limits that Canada imposes on its citizens when they make shopping 
trips to U.S. businesses on the border.
  In response to these developments, the Northern Maine Development 
Commission and other economic development organizations, the private 
business sector, and community leaders in Aroostook have joined forces 
to stabilize, diversity, and grow the area's economy. They have 
attracted some new industries and jobs. As a native of Aroostook 
County, I can attest to the strong community support that will ensure a 
successful partnership with the U.S. Department of Agriculture.
  Designating this region of the United States as an Empowerment Zone 
is vital to its future economic prosperity. However, the restriction 
that the Empowerment Zone be limited to 1,000 square miles prevents all 
of Aroostook's small rural communities from benefiting from this 
tremendous program. Aroostook covers some 6,672 square miles but has a 
population of only 74,000. Including all of the County in the 
Empowerment Zone will guarantee that parts of the County will not be 
left behind as economic prosperity returns to the area. It does little 
good to have a company move from one community to another within the 
County simply to take advantage of EZ benefits.
  America's greatest success can only be achieved when everyone has the 
opportunity to enjoy the fruits of a strong economy. It is only fair 
that all of Aroostook County's population be given the opportunity to 
fully benefit from the Empowerment Zone Program.
                                 ______
                                 
      By Mr. KERRY (for himself, Mr. McCain, Mr. Kennedy, Mr. Daschle, 
        Mr. Schumer, and Mr. Lieberman):
  S. 300. A bill to award a congressional gold medal to Jackie Robinson 
(posthumously), in recognition of his many contributions to the Nation, 
and to express the sense of Congress that there should be a national 
day in recognition of Jackie Robinson; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. KERRY. Mr. President, I am proud to join today with my good 
friend Senator McCain to introduce our bill to award Jackie Robinson 
the Congressional Gold Medal. Bestowing upon Jackie Robinson this great 
honor recognizes not only his stunning athletic accomplishments but 
also his profound contribution to the advancement of civil rights in 
the United States.
  Jackie Roosevelt Robinson was born on January 31, 1919, in Cairo, GA 
and was the youngest of 5 children. Robinson attended the University of 
California at Los Angeles where he lettered in football, basketball, 
baseball, and track, and he was widely regarded as the finest all-
around athlete at that time. After a three-year stint in the U.S. Army, 
Jackie Robinson began playing professional baseball, at first in the 
American Negro League. Then in 1947, in a historic move that ended 
decades of discrimination against blacks in baseball, Jackie Robinson 
became the first African-American to sign a Major League Baseball 
contract. That same year he won the National League's Rookie of the 
Year Award. In 1949, he was voted the National League's Most Valuable 
Player by the Baseball Writers Association, and in 1962, he was elected 
to the Baseball Hall of Fame.
  Jackie Robinson's signing to the Brooklyn Dodgers in 1947 is so 
significant because it came before the United States military was 
desegregated, before the civil rights marches in the South, and before 
the historic ruling in Brown v. The Board of Education, and it engaged 
the American people in a constructive conversation about race. Off the 
field Jackie Robinson was a business leader, a civil rights leader, and 
a human rights leader. As one of the most popular people in America, in 
one poll in 1947 he finished ahead of President Harry Truman, General 
Dwight Eisenhower, General Douglas MacArthur, and Bob Hope, finishing 
only behind Bing Crosby, Jackie Robinson encouraged the fair treatment 
of all people. His ideas and principles influenced some of America's 
greatest politicians, including John F. Kennedy and Dwight Eisenhower.
  Jackie Robinson was more than a sports hero he was an American hero. 
And it is time for Congress to recognize his heroic contributions. On 
January 31, 2003 on what would have been Jackie Robinson's 84th 
birthday, a seminar entitled ``Red Sox Tribute to Jackie Robinson'' was 
held at Fenway Park in Boston. During that tribute Larry Lucchino, 
President and CEO of the Boston Red Sox, aptly summed up Jackie 
Robinson's off-field contributions to American society. He said, 
``Martin Luther King once said that he could not do what he was doing 
unless Jackie Robinson had done what he did.''
  I urge my colleagues to join us in honoring this great American by 
cosponsoring our bill to award him the Congressional Gold Medal.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 300

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress makes the following findings:
       (1) Jackie Roosevelt Robinson was born on January 31, 1919, 
     in Cairo, Georgia, and was the youngest of 5 children.
       (2) Jackie Robinson attended the University of California 
     Los Angeles where he starred in football, basketball, 
     baseball, and track. His remarkable skills earned him a 
     reputation as the best athlete in America.
       (3) In 1947, Jackie Robinson was signed by the Brooklyn 
     Dodgers and became the first black player to play in Major 
     League Baseball. His signing is considered one of the most 
     significant moments in the history of professional sports in 
     America. For his remarkable performance on the field in his

[[Page S1910]]

     first season, he won the National League's Rookie of the Year 
     Award.
       (4) In 1949, Jackie Robinson was voted the National 
     League's Most Valuable Player by the Baseball Writers 
     Association of America.
       (5) In 1962, Jackie Robinson was elected to the Baseball 
     Hall of Fame.
       (6) Although the achievements of Jackie Robinson began with 
     athletics, they widened to have a profound influence on civil 
     and human rights in America.
       (7) The signing of Jackie Robinson as the first black 
     player in Major League Baseball occurred before the United 
     States military was desegregated by President Harry Truman, 
     before the civil rights marches took place in the South, and 
     before the Supreme Court issued its historic ruling in Brown 
     v. Board of Education, 347 U.S. 483 (1954).
       (8) The American public came to regard Jackie Robinson as a 
     person of exceptional fortitude, integrity, and athletic 
     ability so rapidly that, by the end of 1947, he finished 
     ahead of President Harry Truman, General Dwight Eisenhower, 
     General Douglas MacArthur, and Bob Hope in a national poll 
     for the most popular person in America, finishing only behind 
     Bing Crosby.
       (9) Jackie Robinson was named vice president of Chock Full 
     O' Nuts in 1957 and later co-founded the Freedom National 
     Bank of Harlem.
       (10) Leading by example, Jackie Robinson influenced many of 
     the greatest political leaders in America.
       (11) Jackie Robinson worked tirelessly with a number of 
     religious and civic organizations to better the lives of all 
     Americans.
       (12) The life and principles of Jackie Robinson are the 
     basis of the Jackie Robinson Foundation, which keeps his 
     memory alive by providing children of low-income families 
     with leadership and educational opportunities.
       (13) The legacy and personal achievements of Jackie 
     Robinson, as an athlete, a business leader, and a citizen, 
     have had a lasting and positive influence on the advancement 
     of civil rights in the United States.

     SEC. 2. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The President is authorized 
     to present, on behalf of Congress, to the family of Jackie 
     Robinson, a gold medal of appropriate design in recognition 
     of the many contributions of Jackie Robinson to the Nation.
       (b) Design and Striking.--For purposes of the presentation 
     referred to in subsection (a), the Secretary of the Treasury 
     (in this Act referred to as the ``Secretary'') shall strike a 
     gold medal with suitable emblems, devices, and inscriptions, 
     to be determined by the Secretary.

     SEC. 3. DUPLICATE MEDALS.

       Under such regulations as the Secretary may prescribe, the 
     Secretary may strike and sell duplicates in bronze of the 
     gold medal struck under section 2 at a price sufficient to 
     cover the costs of the medals, including labor, materials, 
     dies, use of machinery, and overhead expenses.

     SEC. 4. STATUS AS NATIONAL MEDALS.

       The medals struck under this Act are national medals for 
     purposes of chapter 51 of title 31, United States Code.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There is authorized 
     to be charged against the United States Mint Public 
     Enterprise Fund an amount not to exceed $30,000 to pay for 
     the cost of the medal authorized under section 2.
       (b) Proceeds of Sale.--Amounts received from the sale of 
     duplicate bronze medals under section 3 shall be deposited in 
     the United States Mint Public Enterprise Fund.

     SEC. 6. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) there should be designated a national day for the 
     purpose of recognizing the accomplishments of Jackie 
     Robinson; and
       (2) the President should issue a proclamation calling on 
     the people of the United States to observe the day with 
     appropriate ceremonies and activities.

                          ____________________