[Congressional Record Volume 149, Number 28 (Friday, February 14, 2003)]
[Senate]
[Pages S2522-S2547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SANTORUM (for himself, Mr. Fitzgerald, Mr. Campbell, Mr. 
        DeWine, Mr. Frist, Mr. Brownback, Mr. Ensign, Mr. Inhofe, Mr. 
        Kyl, Mr. Lugar, Mr. Allard, Mr. McCain, Mr. Roberts, Mr. 
        Shelby, Mr. Warner, Mr. McConnell, Mr. Hatch, Mr. Voinovich, 
        Mr. Hagel, Mr. Bunning, Mr. Domenici, Mr. Smith, Mr. Graham of 
        South Carolina, Mr. Enzi, Mr. Lott, Mrs. Dole, Mr. Allen, Mr. 
        Cornyn, Mr. Nickles, Mr. Grassley, Mr. Talent, Mr. Bond, Mr. 
        Thomas, Mr.

[[Page S2523]]

        Craig, Mr. Chambliss, Mr. Sessions, Mr. Gregg, Mr. Bennett, and 
        Mr. Coleman):
  S. 3. A bill to prohibit the procedure commonly known as partial-
birth abortion; read the first time.
  Mr. SANTORUM. Mr. President, I rise today to introduce the Partial 
Birth Abortion Ban Act of 2003. I am joined in introducing this bill by 
38 of my colleagues, over a third of the Senate. This bill is written 
to prohibit one particularly gruesome, inhumane, and medically 
unaccepted late term abortion method, except when the procedure is 
necessary to save the life of the mother. Partial birth abortion is a 
procedure that is performed over a 3-day period in the second or third 
trimester of pregnancy. In this particular abortion technique, the 
physician delivers all but the head of a living baby through the birth 
canal, stab the baby in the base of the skull with curved scissors, and 
the uses a suction catheter to remove the child's brain. This procedure 
kills the baby. After collapsing the skull, the doctor completes the 
procedure. According to Ron Fitzsimmons of the National Coalition of 
Abortion Providers, this procedure is performed on a healthy mother 
with a healthy fetus that is 20 weeks or more along in the vast 
majority of cases.
  The American public finds this procedure repugnant. A recent CNN/USA 
Today/Gallup poll indicated that 70 percent of Americans favored laws 
making it illegal to perform partial birth abortions, except when 
necessary to save the life of the mother. This procedure is also 
unrecognized by the mainstream medical community as a valid abortion 
procedure. The American Medical Association has said this procedure is 
``not good medicine,'' is ``ethically wrong,'' and ``not an accepted 
`medical practice'.''
  As far back as the 104th Congress, the Senate and the House of 
Representatives both acted to ban this procedure. Unfortunately, 
President Clinton vetoed that bill. The House voted to override that 
veto, but the Senate fell short. Likewise, during the 105th Congress, 
the House and Senate acted to pass a bill banning this procedure. 
Again, President Clinton vetoed that bill banning an abortion procedure 
that occurs as the child is inches from being completely outside the 
mother. The House subsequently overrode his veto. The Senate failed to 
override by just three votes. In the 106th Congress as well, the Senate 
and the House both acted to overwhelmingly pass legislation banning 
this procedure.
  A little over two years ago, the U.S. Supreme Court, in its Stenberg 
versus Carhart decision, struck down a similar, but not identical, law 
in the state of Nebraska that banned partial birth abortions. The 
Stenberg majority opinion voiced concern that the description of the 
abortion procedure as described in the Nebraska law was vague and might 
apply to other types of late-term abortions. A second concern was that 
the law did not provide an exception for those instances when the 
banned procedure was judged necessary to preserve the health of the 
mother.
  Last year, during the 107th Congress, Representative Steve Chabot of 
Ohio introduced a bill responding to those concerns. This bill passed 
the House of Representatives by a vote of 274-151. Unfortunately, the 
Senate was kept from considering this bill.
  Today, I introduced a similar bill banning the horrific procedure of 
partial birth abortion, except when necessary to save the life of a 
mother. To respond to the Supreme Court's concerns in Stenberg, this 
bill provides a very precise definition of the partial birth abortion 
procedure to make it very clear what procedure is meant.
  Second, the Court based its decision in Stenberg on the federal 
district court's factual findings regarding the safety of the partial 
birth abortion procedure. These findings were highly disputed and 
inconsistent with the overwhelming weight of authority on the issue--
including evidence presented at the Stenberg trial, other trials 
challenging partial birth abortion bans, and at the extensive 
Congressional hearings that have been held over the years. Despite the 
lack of evidence supporting the district court's findings, the Supreme 
Court was required to accept them because of the ``clearly erroneous'' 
standard that is applied to lower court factual findings. However, 
under well-settled Supreme Court jurisprudence, the Congress is not 
required to accept these ``factual findings,'' but is entitled to reach 
its own factual findings--findings that the Supreme Court accords great 
deference--and may enact legislation based on these findings. The bill 
I introduce today includes a series of findings from congressional 
hearings held over the years and from expert testimony that 
demonstrates that a partial birth abortion is never necessary to 
preserve the health of the mother, poses significant health risks to 
the woman, and is outside the standard of medical care.
  Over the years, during the consideration of this ban, proponents of 
partial birth abortion have supported their arguments for this 
procedure with myth and misinformation. When the time comes for the 
full Senate to consider this bill, I look forward to again countering 
those untruths with the truth, and I ask my colleagues to vote to ban 
partial birth abortion.
  It is long past time for the U.S. Senate to again pass a bill banning 
partial birth abortion. I am pleased that the Senate leadership has 
seen this as a legislative priority for the 108th Congress. The House 
and Senate have overwhelming supported such a ban time and time again. 
President Bush has asked us to send him a bill to end the practice of 
partial birth abortion. The American people clearly believe this is a 
procedure that should be prohibited. I appreciate the support of so 
many of my colleagues who have joined me in introducing this bill. And 
I am hopeful--very hopeful--that the 108th Congress will not end before 
this bill becomes law, before children in the very process of being 
born are protected by the laws of this great nation of ours.
                                 ______
                                 
      By Mr. DASCHLE:
  S.414. A bill to provide an economic stimulus package, and for other 
purposes; read the first time.
  Mr. DASCHLE. 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. 414

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

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Economic 
     Recovery 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.--

Sec. 1. Short title; amendment of 1986 Code; table of contents.

                      TITLE I--BROAD-BASED TAX CUT

Sec. 101. Broad-based tax cut.

                       TITLE II--BUSINESS TAX CUT

Sec. 201. Increased bonus depreciation.
Sec. 202. Modifications to expensing under section 179.
Sec. 203. Credit for employee health insurance expenses.
Sec. 204. Broadband Internet access tax credit.

                     TITLE III--STATE FISCAL RELIEF

Sec. 301. General revenue sharing with States and their local 
              governments.
Sec. 302. Homeland security.
Sec. 303. Funding for education.
Sec. 304. Temporary State FMAP relief.
Sec. 305. Funding for transportation infrastructure.

                   TITLE IV--UNEMPLOYMENT ASSISTANCE

    Subtitle A--Additional Weeks of Temporary Extended Unemployment 
                              Compensation

Sec. 401. Entitlement to additional weeks of temporary extended 
              unemployment compensation.

    Subtitle B--Temporary Enhanced Regular Unemployment Compensation

Sec. 411. Federal-State agreements.
Sec. 412. Payments to States having agreements under this title.
Sec. 413. Financing provisions.
Sec. 414. Definitions.
Sec. 415. Applicability.
Sec. 416. Coordination with the Temporary Extended Unemployment 
              Compensation Act of 2002.

                  TITLE V--LONG-TERM FISCAL DISCIPLINE

        Subtitle A--Provisions Designed To Curtail Tax Shelters

Sec. 501. Clarification of economic substance doctrine.
Sec. 502. Penalty for failing to disclose reportable transaction.
Sec. 503. Accuracy-related penalty for listed transactions and other 
              reportable transactions having a significant tax 
              avoidance purpose.

[[Page S2524]]

Sec. 504. Penalty for understatements attributable to transactions 
              lacking economic substance, etc.
Sec. 505. Modifications of substantial understatement penalty for 
              nonreportable transactions.
Sec. 506. Tax shelter exception to confidentiality privileges relating 
              to taxpayer communications.
Sec. 507. Disclosure of reportable transactions.
Sec. 508. Modifications to penalty for failure to register tax 
              shelters.
Sec. 509. Modification of penalty for failure to maintain lists of 
              investors.
Sec. 510. Modification of actions to enjoin certain conduct related to 
              tax shelters and reportable transactions.
Sec. 511. Understatement of taxpayer's liability by income tax return 
              preparer.
Sec. 512. Penalty on failure to report interests in foreign financial 
              accounts.
Sec. 513. Frivolous tax submissions.
Sec. 514. Regulation of individuals practicing before the Department of 
              Treasury.
Sec. 515. Penalty on promoters of tax shelters.
Sec. 516. Statute of limitations for taxable years for which listed 
              transactions not reported.
Sec. 517. Denial of deduction for interest on underpayments 
              attributable to nondisclosed reportable and noneconomic 
              substance transactions.
Sec. 518. Authorization of appropriations for tax law enforcement.

                      Subtitle B--Other Provisions

Sec. 521. Affirmation of consolidated return regulation authority.
Sec. 522. Signing of corporate tax returns by chief executive officer.
Sec. 523. Disclosure of tax shelters to corporate audit committee.

                   Subtitle C--Budget Points of Order

Sec. 531. Extension of pay-as-you-go enforcement in the Senate.

                      TITLE I--BROAD-BASED TAX CUT

     SEC. 101. BROAD-BASED TAX CUT.

       (a) In General.--The Secretary of the Treasury shall pay, 
     out of any money in the Treasury not otherwise appropriated, 
     to each eligible taxpayer an amount equal to 10 percent of 
     the eligible portion of the taxpayer's adjusted gross income 
     (as defined in section 62 of the Internal Revenue Code of 
     1986) for a taxable year beginning in 2002.
       (b) Eligible Taxpayer.--For purposes of this section, the 
     term ``eligible taxpayer'' means any individual other than--
       (1) any estate or trust,
       (2) any nonresident alien, or
       (3) any individual with respect to whom a deduction under 
     section 151 of such Code is allowable to another taxpayer for 
     a taxable year beginning in 2003.
       (c) Eligible Portion.--For purposes of this section--
       (1) In general.--With respect to each eligible taxpayer, 
     the eligible portion shall be equal to the sum of--
       (A) $3,000 ($6,000 in the case of a taxpayer filing a joint 
     return under section 6013 of such Code), plus
       (B) $3,000 for each qualifying child of the taxpayer, not 
     to exceed $6,000.
       (2) Qualifying child.--The term ``qualifying child'' has 
     the meaning given such term by section 24(c) of such Code.
       (d) Remittance of Payment.--The Secretary of the Treasury 
     shall remit the payment described in subsection (a) to the 
     taxpayer as soon as practicable after the date of the 
     enactment of this section.

                       TITLE II--BUSINESS TAX CUT

     SEC. 201. INCREASED BONUS DEPRECIATION.

       (a) In General.--Subsection (k) of section 168 (relating to 
     accelerated cost recovery system) is amended--
       (1) by adding at the end of paragraph (1) the following new 
     flush sentence:
     ``In the case of any qualified property acquired by the 
     taxpayer pursuant to a written binding contract which was 
     entered into after December 31, 2002, subparagraph (A) shall 
     be applied by substituting `50 percent' for `30 percent'.'',
       (2) by striking ``September 11, 2004'' each place it 
     appears and inserting ``January 1, 2004'',
       (3) by striking ``September 11, 2004'' and inserting 
     ``January 1, 2004'', and
       (4) by striking ``pre-september 11, 2004'' and inserting 
     ``pre-january 1, 2004''.
       (b) Conforming Amendments.--
       (1) The heading for clause (i) of section 1400L(b)(2)(C) of 
     the Internal Revenue Code of 1986 is amended by striking ``30 
     percent additional'' and inserting ``Additional''.
       (2) Section 1400L(b)(2)(D) of such Code is amended by 
     inserting ``(as in effect on the day after the date of the 
     enactment of this section)'' after ``section 168(k)(2)(D)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property acquired after December 31, 2002.

     SEC. 202. MODIFICATIONS TO EXPENSING UNDER SECTION 179.

       (a) Increase of Amount Which May Be Expensed.--
       (1) In general.--Paragraph (1) of section 179(b) (relating 
     to dollar limitation) is amended to read as follows:
       ``(1) Dollar limitation.--The aggregate cost which may be 
     taken into account under subsection (a) for any taxable year 
     shall not exceed $25,000 ($75,000 in the case of any taxable 
     year beginning in 2003).''
       (2) Increase in phaseout threshold.--Paragraph (2) of 
     section 179(b) is amended by striking ``$200,000'' and 
     inserting ``$200,000 ($325,000 in the case of any taxable 
     year beginning in 2003)''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after December 31, 2002.

     SEC. 203. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.

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

     ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of a qualified small employer, the employee health 
     insurance expenses credit determined under this section is an 
     amount equal to the applicable percentage of the amount paid 
     by the taxpayer during the taxable year for qualified 
     employee health insurance expenses.
       ``(b) Applicable Percentage.--For purposes of subsection 
     (a), the applicable percentage is equal to--
       ``(1) 50 percent in the case of an employer with less than 
     26 qualified employees,
       ``(2) 40 percent in the case of an employer with more than 
     25 but less than 36 qualified employees, and
       ``(3) 30 percent in the case of an employer with more than 
     35 but less than 51 qualified employees.
       ``(c) Per Employee Dollar Limitation.--The amount of 
     qualified employee health insurance expenses taken into 
     account under subsection (a) with respect to any qualified 
     employee for any taxable year shall not exceed the maximum 
     employer contribution for self-only coverage or family 
     coverage (as applicable) determined under section 8906(a) of 
     title 5, United States Code, for the calendar year in which 
     such taxable year begins.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualified small employer.--
       ``(A) In general.--The term `qualified small employer' 
     means any small employer which provides eligibility for 
     health insurance coverage (after any waiting period (as 
     defined in section 9801(b)(4)) to all qualified employees of 
     the employer.
       ``(B) Small employer.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `small employer' means, with respect to any calendar year, 
     any employer if such employer employed an average of not less 
     than 2 and not more than 50 qualified employees on business 
     days during either of the 2 preceding calendar years. For 
     purposes of the preceding sentence, a preceding calendar year 
     may be taken into account only if the employer was in 
     existence throughout such year.
       ``(ii) Employers not in existence in preceding year.--In 
     the case of an employer which was not in existence throughout 
     the 1st preceding calendar year, the determination under 
     clause (i) shall be based on the average number of qualified 
     employees that it is reasonably expected such employer will 
     employ on business days in the current calendar year.
       ``(2) Qualified employee health insurance expenses.--
       ``(A) In general.--The term `qualified employee health 
     insurance expenses' means any amount paid by an employer for 
     health insurance coverage to the extent such amount is 
     attributable to coverage provided to any employee while such 
     employee is a qualified employee.
       ``(B) Exception for amounts paid under salary reduction 
     arrangements.--No amount paid or incurred for health 
     insurance coverage pursuant to a salary reduction arrangement 
     shall be taken into account under subparagraph (A).
       ``(C) Health insurance coverage.--The term `health 
     insurance coverage' has the meaning given such term by 
     paragraph (1) of section 9832(b) (determined by disregarding 
     the last sentence of paragraph (2) of such section).
       ``(3) Qualified employee.--The term `qualified employee' 
     means an employee of an employer who, with respect to any 
     period, is not provided health insurance coverage under--
       ``(A) a health plan of the employee's spouse,
       ``(B) title XVIII, XIX, or XXI of the Social Security Act,
       ``(C) chapter 17 of title 38, United States Code,
       ``(D) chapter 55 of title 10, United States Code,
       ``(E) chapter 89 of title 5, United States Code, or
       ``(F) any other provision of law.
     ``(4) Employee--The term `employee'--
       ``(A) means any individual, with respect to any calendar 
     year, who is reasonably expected to receive at least $5,000 
     of compensation from the employer during such year,
       ``(B) does not include an employee within the meaning of 
     section 401(c)(1), and
       ``(C) includes a leased employee within the meaning of 
     section 414(n).
       ``(5) Compensation.--The term `compensation' means amounts 
     described in section 6051(a)(3).
       ``(e) Certain Rules Made Applicable.--For purposes of this 
     section, rules similar to the rules of section 52 shall 
     apply.

[[Page S2525]]

       ``(f) Denial of Double Benefit.--No deduction or credit 
     under any other provision of this chapter shall be allowed 
     with respect to qualified employee health insurance expenses 
     taken into account under subsection (a).
       ``(g) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2003.''.
       (b) Credit To Be Part of General Business Credit.--Section 
     38(b) (relating to current year business credit) is amended 
     by striking ``plus'' at the end of paragraph (14), by 
     striking the period at the end of paragraph (15) and 
     inserting ``, plus'', and by adding at the end the following:
       ``(16) the employee health insurance expenses credit 
     determined under section 45G.''.
       (c) Credit Allowed Against Minimum Tax.--
       (1) In general.--Subsection (c) of section 38 (relating to 
     limitation based on amount of tax) is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Special rules for employee health insurance credit.--
       ``(A) In general.--In the case of the employee health 
     insurance credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--

       ``(I) the amounts in subparagraphs (A) and (B) thereof 
     shall be treated as being zero, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the employee 
     health insurance credit).

       ``(B) Employee health insurance credit.--For purposes of 
     this subsection, the term `employee health insurance credit' 
     means the credit allowable under subsection (a) by reason of 
     section 45G(a).''.
       (2) Conforming amendment.--Subclause (II) of section 
     38(c)(2)(A)(ii) is amended by striking ``(other'' and all 
     that follows through ``credit)'' and inserting ``(other than 
     the empowerment zone employment credit or the employee health 
     insurance credit)''.
       (d) No Carrybacks.--Subsection (d) of section 39 (relating 
     to carryback and carryforward of unused credits) is amended 
     by adding at the end the following:
       ``(11) No carryback of section 45g credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the employee health 
     insurance expenses credit determined under section 45G may be 
     carried back to a taxable year ending before the date of the 
     enactment of section 45G.''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following:

``Sec. 45G. Employee health insurance expenses.''.
       (f) Employer Outreach.--The Internal Revenue Service shall, 
     in conjunction with the Small Business Administration, 
     develop materials and implement an educational program to 
     ensure that business personnel are aware of--
       (1) the eligibility criteria for the tax credit provided 
     under section 45G of the Internal Revenue Code of 1986 (as 
     added by this section),
       (2) the methods to be used in calculating such credit,
       (3) the documentation needed in order to claim such credit, 
     and
       (4) any available health plan purchasing alliances 
     established under title II,
     so that the maximum number of eligible businesses may claim 
     the tax credit.
       (g) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31, 2002.

     SEC. 204. BROADBAND INTERNET ACCESS TAX CREDIT.

       (a) In General.--Subpart E of part IV of chapter 1 
     (relating to rules for computing investment credit) is 
     amended by inserting after section 48 the following new 
     section:

     ``SEC. 48A. BROADBAND INTERNET ACCESS CREDIT.

       ``(a) General Rule.--For purposes of section 46, the 
     broadband credit for any taxable year is the sum of--
       ``(1) the current generation broadband credit, plus
       ``(2) the next generation broadband credit.
       ``(b) Current Generation Broadband Credit; Next Generation 
     Broadband Credit.--For purposes of this section--
       ``(1) Current generation broadband credit.--The current 
     generation broadband credit for any taxable year is equal to 
     10 percent of the qualified expenditures incurred with 
     respect to qualified equipment providing current generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(2) Next generation broadband credit.--The next 
     generation broadband credit for any taxable year is equal to 
     20 percent of the qualified expenditures incurred with 
     respect to qualified equipment providing next generation 
     broadband services to qualified subscribers and taken into 
     account with respect to such taxable year.
       ``(c) When Expenditures Taken Into Account.--For purposes 
     of this section--
       ``(1) In general.--Qualified expenditures with respect to 
     qualified equipment shall be taken into account with respect 
     to the first taxable year in which--
       ``(A) current generation broadband services are provided 
     through such equipment to qualified subscribers, or
       ``(B) next generation broadband services are provided 
     through such equipment to qualified subscribers.
       ``(2) Limitation.--
       ``(A) In general.--Qualified expenditures shall be taken 
     into account under paragraph (1) only with respect to 
     qualified equipment--
       ``(i) the original use of which commences with the 
     taxpayer, and
       ``(ii) which is placed in service,
     after December 31, 2002.
       ``(B) Sale-leasebacks.--For purposes of subparagraph (A), 
     if property--
       ``(i) is originally placed in service after December 31, 
     2002, by a person, and
       ``(ii) sold and leased back by such person within 3 months 
     after the date such property was originally placed in 
     service,

     such property shall be treated as originally placed in 
     service not earlier than the date on which such property is 
     used under the leaseback referred to in clause (ii).
       ``(d) Special Allocation Rules.--
       ``(1) Current generation broadband services.--For purposes 
     of determining the current generation broadband credit under 
     subsection (a)(1) with respect to qualified equipment through 
     which current generation broadband services are provided, if 
     the qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified expenditures 
     shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of the number of 
     potential qualified subscribers within the rural areas and 
     the underserved areas which the equipment is capable of 
     serving with current generation broadband services, and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with current generation broadband 
     services.
       ``(2) Next generation broadband services.--For purposes of 
     determining the next generation broadband credit under 
     subsection (a)(2) with respect to qualified equipment through 
     which next generation broadband services are provided, if the 
     qualified equipment is capable of serving both qualified 
     subscribers and other subscribers, the qualified expenditures 
     shall be multiplied by a fraction--
       ``(A) the numerator of which is the sum of--
       ``(i) the number of potential qualified subscribers within 
     the rural areas and underserved areas, plus
       ``(ii) the number of potential qualified subscribers within 
     the area consisting only of residential subscribers not 
     described in clause (i),

     which the equipment is capable of serving with next 
     generation broadband services, and
       ``(B) the denominator of which is the total potential 
     subscriber population of the area which the equipment is 
     capable of serving with next generation broadband services.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Antenna.--The term `antenna' means any device used to 
     transmit or receive signals through the electromagnetic 
     spectrum, including satellite equipment.
       ``(2) Cable operator.--The term `cable operator' has the 
     meaning given such term by section 602(5) of the 
     Communications Act of 1934 (47 U.S.C. 522(5)).
       ``(3) Commercial mobile service carrier.--The term 
     `commercial mobile service carrier' means any person 
     authorized to provide commercial mobile radio service as 
     defined in section 20.3 of title 47, Code of Federal 
     Regulations.
       ``(4) Current generation broadband service.--The term 
     `current generation broadband service' means the transmission 
     of signals at a rate of at least 1,000,000 bits per second to 
     the subscriber and at least 128,000 bits per second from the 
     subscriber.
       ``(5) Multiplexing or demultiplexing.--The term 
     `multiplexing' means the transmission of 2 or more signals 
     over a single channel, and the term `demultiplexing' means 
     the separation of 2 or more signals previously combined by 
     compatible multiplexing equipment.
       ``(6) Next generation broadband service.--The term `next 
     generation broadband service' means the transmission of 
     signals at a rate of at least 22,000,000 bits per second to 
     the subscriber and at least 5,000,000 bits per second from 
     the subscriber.
       ``(7) Nonresidential subscriber.--The term `nonresidential 
     subscriber' means a person who purchases broadband services 
     which are delivered to the permanent place of business of 
     such person.
       ``(8) Open video system operator.--The term `open video 
     system operator' means any person authorized to provide 
     service under section 653 of the Communications Act of 1934 
     (47 U.S.C. 573).
       ``(9) Other wireless carrier.--The term `other wireless 
     carrier' means any person (other than a telecommunications 
     carrier, commercial mobile service carrier, cable operator, 
     open video system operator, or satellite carrier) providing 
     current generation broadband services or next generation 
     broadband service to subscribers through the wireless 
     transmission of energy through radio or light waves.
       ``(10) Packet switching.--The term `packet switching' means 
     controlling or routing the path of a digitized transmission 
     signal which is assembled into packets or cells.

[[Page S2526]]

       ``(11) Provider.--The term `provider' means, with respect 
     to any qualified equipment--
       ``(A) a cable operator,
       ``(B) a commercial mobile service carrier,
       ``(C) an open video system operator,
       ``(D) a satellite carrier,
       ``(E) a telecommunications carrier, or
       ``(F) any other wireless carrier,

     providing current generation broadband services or next 
     generation broadband services to subscribers through such 
     qualified equipment.
       ``(12) Provision of services.--A provider shall be treated 
     as providing services to a subscriber if--
       ``(A) a subscriber has been passed by the provider's 
     equipment and can be connected to such equipment for a 
     standard connection fee,
       ``(B) the provider is physically able to deliver current 
     generation broadband services or next generation broadband 
     services, as applicable, to such subscribers without making 
     more than an insignificant investment with respect to any 
     such subscriber,
       ``(C) the provider has made reasonable efforts to make such 
     subscribers aware of the availability of such services,
       ``(D) such services have been purchased by one or more such 
     subscribers, and
       ``(E) such services are made available to such subscribers 
     at average prices comparable to those at which the provider 
     makes available similar services in any areas in which the 
     provider makes available such services.
       ``(13) Qualified equipment.--
       ``(A) In general.--The term `qualified equipment' means 
     equipment which provides current generation broadband 
     services or next generation broadband services--
       ``(i) at least a majority of the time during periods of 
     maximum demand to each subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(B) Only certain investment taken into account.--Except 
     as provided in subparagraph (C) or (D), equipment shall be 
     taken into account under subparagraph (A) only to the extent 
     it--
       ``(i) extends from the last point of switching to the 
     outside of the unit, building, dwelling, or office owned or 
     leased by a subscriber in the case of a telecommunications 
     carrier,
       ``(ii) extends from the customer side of the mobile 
     telephone switching office to a transmission/receive antenna 
     (including such antenna) owned or leased by a subscriber in 
     the case of a commercial mobile service carrier,
       ``(iii) extends from the customer side of the headend to 
     the outside of the unit, building, dwelling, or office owned 
     or leased by a subscriber in the case of a cable operator or 
     open video system operator, or
       ``(iv) extends from a transmission/receive antenna 
     (including such antenna) which transmits and receives signals 
     to or from multiple subscribers, to a transmission/receive 
     antenna (including such antenna) on the outside of the unit, 
     building, dwelling, or office owned or leased by a subscriber 
     in the case of a satellite carrier or other wireless carrier, 
     unless such other wireless carrier is also a 
     telecommunications carrier.
       ``(C) Packet switching equipment.--Packet switching 
     equipment, regardless of location, shall be taken into 
     account under subparagraph (A) only if it is deployed in 
     connection with equipment described in subparagraph (B) and 
     is uniquely designed to perform the function of packet 
     switching for current generation broadband services or next 
     generation broadband services, but only if such packet 
     switching is the last in a series of such functions performed 
     in the transmission of a signal to a subscriber or the first 
     in a series of such functions performed in the transmission 
     of a signal from a subscriber.
       ``(D) Multiplexing and demultiplexing equipment.--
     Multiplexing and demultiplexing equipment shall be taken into 
     account under subparagraph (A) only to the extent it is 
     deployed in connection with equipment described in 
     subparagraph (B) and is uniquely designed to perform the 
     function of multiplexing and demultiplexing packets or cells 
     of data and making associated application adaptions, but only 
     if such multiplexing or demultiplexing equipment is located 
     between packet switching equipment described in subparagraph 
     (C) and the subscriber's premises.
       ``(14) Qualified expenditure.--
       ``(A) In general.--The term `qualified expenditure' means 
     any amount--
       ``(i) chargeable to capital account with respect to the 
     purchase and installation of qualified equipment (including 
     any upgrades thereto) for which depreciation is allowable 
     under section 168, and
       ``(ii) incurred after December 31, 2002, and before January 
     1, 2004.
       ``(B) Certain satellite expenditures excluded.--Such term 
     shall not include any expenditure with respect to the 
     launching of any satellite equipment.
       ``(15) Qualified subscriber.--The term `qualified 
     subscriber' means--
       ``(A) with respect to the provision of current generation 
     broadband services--
       ``(i) a nonresidential subscriber maintaining a permanent 
     place of business in a rural area or underserved area, or
       ``(ii) a residential subscriber residing in a dwelling 
     located in a rural area or underserved area which is not a 
     saturated market, and
       ``(B) with respect to the provision of next generation 
     broadband services--
       ``(i) a nonresidential subscriber maintaining a permanent 
     place of business in a rural area or underserved area, or
       ``(ii) a residential subscriber.
       ``(16) Residential subscriber.--The term `residential 
     subscriber' means an individual who purchases broadband 
     services which are delivered to such individual's dwelling.
       ``(17) Rural area.--The term `rural area' means any census 
     tract which--
       ``(A) is not within 10 miles of any incorporated or census 
     designated place containing more than 25,000 people, and
       ``(B) is not within a county or county equivalent which has 
     an overall population density of more than 500 people per 
     square mile of land.
       ``(18) Rural subscriber.--The term `rural subscriber' means 
     a residential subscriber residing in a dwelling located in a 
     rural area or nonresidential subscriber maintaining a 
     permanent place of business located in a rural area.
       ``(19) Satellite carrier.--The term `satellite carrier' 
     means any person using the facilities of a satellite or 
     satellite service licensed by the Federal Communications 
     Commission and operating in the Fixed-Satellite Service under 
     part 25 of title 47 of the Code of Federal Regulations or the 
     Direct Broadcast Satellite Service under part 100 of title 47 
     of such Code to establish and operate a channel of 
     communications for distribution of signals, and owning or 
     leasing a capacity or service on a satellite in order to 
     provide such distribution.
       ``(20) Saturated market.--The term `saturated market' means 
     any census tract in which, as of the date of the enactment of 
     this section--
       ``(A) current generation broadband services have been 
     provided by one or more providers to 85 percent or more of 
     the total number of potential residential subscribers 
     residing in dwellings located within such census tract, and
       ``(B) such services can be utilized--
       ``(i) at least a majority of the time during periods of 
     maximum demand by each such subscriber who is utilizing such 
     services, and
       ``(ii) in a manner substantially the same as such services 
     are provided by the provider to subscribers through equipment 
     with respect to which no credit is allowed under subsection 
     (a)(1).
       ``(21) Subscriber.--The term `subscriber' means a person 
     who purchases current generation broadband services or next 
     generation broadband services.
       ``(22) Telecommunications carrier.--The term 
     `telecommunications carrier' has the meaning given such term 
     by section 3(44) of the Communications Act of 1934 (47 U.S.C. 
     153(44)), but--
       ``(A) includes all members of an affiliated group of which 
     a telecommunications carrier is a member, and
       ``(B) does not include a commercial mobile service carrier.
       ``(23) Total potential subscriber population.--The term 
     `total potential subscriber population' means, with respect 
     to any area and based on the most recent census data, the 
     total number of potential residential subscribers residing in 
     dwellings located in such area and potential nonresidential 
     subscribers maintaining permanent places of business located 
     in such area.
       ``(24) Underserved area.--The term `underserved area' means 
     any census tract which is located in--
       ``(A) an empowerment zone or enterprise community 
     designated under section 1391,
       ``(B) the District of Columbia Enterprise Zone established 
     under section 1400,
       ``(C) a renewal community designated under section 1400E, 
     or
       ``(D) a low-income community designated under section 45D.
       ``(25) Underserved subscriber.--The term `underserved 
     subscriber' means a residential subscriber residing in a 
     dwelling located in an underserved area or nonresidential 
     subscriber maintaining a permanent place of business located 
     in an underserved area.''.
       (b) Credit To Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit) is amended by 
     striking ``and'' at the end of paragraph (2), by striking the 
     period at the end of paragraph (3) and inserting ``, and'', 
     and by adding at the end the following:
       ``(4) the broadband Internet access credit.''
       (c) Special Rule for Mutual or Cooperative Telephone 
     Companies.--Section 501(c)(12)(B) (relating to list of exempt 
     organizations) is amended by striking ``or'' at the end of 
     clause (iii), by striking the period at the end of clause 
     (iv) and inserting ``, or'', and by adding at the end the 
     following new clause:
       ``(v) from the sale of property subject to a lease 
     described in section 48A(c)(2)(B), but only to the extent 
     such income does not in any year exceed an amount equal to 
     the credit for qualified expenditures which would be 
     determined under section 48A for such year if the mutual or 
     cooperative telephone company was not exempt from taxation 
     and was treated as the owner of the property subject to such 
     lease.''.
       (d) Conforming Amendment.--The table of sections for 
     subpart E of part IV of subchapter A of chapter 1 is amended 
     by inserting after the item relating to section 48 the 
     following:


[[Page S2527]]


``Sec. 48A. Broadband internet access credit.''.

       (e) Designation of Census Tracts.--
       (1) In general.--The Secretary of the Treasury shall, not 
     later than 90 days after the date of the enactment of this 
     Act, designate and publish those census tracts meeting the 
     criteria described in paragraphs (17) and (24) of section 
     48A(e) of the Internal Revenue Code of 1986 (as added by this 
     section). In making such designations, the Secretary of the 
     Treasury shall consult with such other departments and 
     agencies as the Secretary determines appropriate.
       (2) Saturated market.--
       (A) In general.--For purposes of designating and publishing 
     those census tracts meeting the criteria described in 
     subsection (e)(20) of such section 48A--
       (i) the Secretary of the Treasury shall prescribe not later 
     than 30 days after the date of the enactment of this Act the 
     form upon which any provider which takes the position that it 
     meets such criteria with respect to any census tract shall 
     submit a list of such census tracts (and any other 
     information required by the Secretary) not later than 60 days 
     after the date of the publication of such form, and
       (ii) the Secretary of the Treasury shall publish an 
     aggregate list of such census tracts submitted and the 
     applicable providers not later than 30 days after the last 
     date such submissions are allowed under clause (i).
       (B) No subsequent lists required.--The Secretary of the 
     Treasury shall not be required to publish any list of census 
     tracts meeting such criteria subsequent to the list described 
     in subparagraph (A)(ii).
       (C) Penalties for submission of false information.--The 
     Secretary of the Treasury shall designate appropriate 
     penalties for knowingly submitting false information on the 
     form described in subparagraph (A)(i).
       (f) Other Regulatory Matters.--
       (1) Prohibition.--No Federal or State agency or 
     instrumentality shall adopt regulations or ratemaking 
     procedures that would have the effect of confiscating any 
     credit or portion thereof allowed under section 48A of the 
     Internal Revenue Code of 1986 (as added by this section) or 
     otherwise subverting the purpose of this section.
       (2) Treasury regulatory authority.--It is the intent of 
     Congress in providing the broadband Internet access credit 
     under section 48A of the Internal Revenue Code of 1986 (as 
     added by this section) to provide incentives for the 
     purchase, installation, and connection of equipment and 
     facilities offering expanded broadband access to the Internet 
     for users in certain low income and rural areas of the United 
     States, as well as to residential users nationwide, in a 
     manner that maintains competitive neutrality among the 
     various classes of providers of broadband services. 
     Accordingly, the Secretary of the Treasury shall prescribe 
     such regulations as may be necessary or appropriate to carry 
     out the purposes of section 48A of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified expenditures satisfies the requirements of 
     section 48A of such Code to provide broadband services, and
       (B) regulations describing the information, records, and 
     data taxpayers are required to provide the Secretary to 
     substantiate compliance with the requirements of section 48A 
     of such Code.
       (g) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2002, 
     and before January 1, 2004.

                     TITLE III--STATE FISCAL RELIEF

     SEC. 301. GENERAL REVENUE SHARING WITH STATES AND THEIR LOCAL 
                   GOVERNMENTS.

       (a) Appropriation.--There is authorized to be appropriated 
     and is appropriated to carry out this section $15,000,000,000 
     for fiscal year 2003.
       (b) Allotments.--From the amount appropriated under 
     subsection (a) for fiscal year 2003, the Secretary of the 
     Treasury shall, as soon as practicable after the date of the 
     enactment of this Act, allot to each of the States as 
     follows, except that no State shall receive less than \1/2\ 
     of 1 percent of such amount:
       (1) State level.--$12,000,000,000 shall be allotted among 
     such States on the basis of the relative population of each 
     such State, as determined by the Secretary on the basis of 
     the most recent satisfactory data.
       (2) Local government level.--$3,000,000,000 shall be 
     allotted among such States as determined under paragraph (1) 
     for distribution to the various units of general local 
     government within such States on the basis of the relative 
     population of each such unit within each such State, as 
     determined by the Secretary on the basis of the most recent 
     satisfactory data.
       (c) Definitions.--For purposes of this section--
       (1) State.--The term ``State'' means any of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (2) Unit of general local government.--
       (A) In general.--The term ``unit of general local 
     government'' means--
       (i) a county, parish, township, city, or political 
     subdivision of a county, parish, township, or city, that is a 
     unit of general local government as determined by the 
     Secretary of Commerce for general statistical purposes; and
       (ii) the District of Columbia, the Commonwealth of Puerto 
     Rico, and the recognized governing body of an Indian tribe or 
     Alaskan native village that carries out substantial 
     governmental duties and powers.
       (B) Treatment of subsumed areas.--For purposes of 
     determining a unit of general local government under this 
     section, the rules under section 6720(c) of title 31, United 
     States Code, shall apply.

     SEC. 302. HOMELAND SECURITY.

       (a) Short Title; Purpose.--
       (1) Short title.--This section may be cited as the ``First 
     Responders Partnership Grant Act of 2003''.
       (2) Purpose.--The purpose of this section is to support 
     first responders to protect homeland security and prevent and 
     respond to acts of terrorism.
       (b) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the same 
     meaning as in section 4(e) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450b(e)).
       (2) Law enforcement officer.--The term ``law enforcement 
     officer'' means any officer, agent, or employee of a State, 
     unit of local government, public or private college or 
     university, or Indian tribe authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, or investigation of any violation of criminal law, 
     or authorized by law to supervise sentenced criminal 
     offenders.
       (3) Public safety officer.--The term ``public safety 
     officer'' means any person serving a public or private agency 
     with or without compensation as a law enforcement officer, as 
     a firefighter, or as a member of a rescue squad or ambulance 
     crew.
       (4) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico.
       (5) Unit of local government.--The term ``unit of local 
     government'' means a county, municipality, town, township, 
     village, parish, borough, or other unit of general government 
     below the State level.
       (c) First Responders Partnership Grant Program for Public 
     Safety Officers.--
       (1) In general.--The Secretary of Homeland Security 
     (referred to in this section as the ``Secretary'') is 
     authorized to make grants to States, units of local 
     government, and Indian tribes to support public safety 
     officers in their efforts to protect homeland security and 
     prevent and respond to acts of terrorism.
       (2) Use of funds.--Grants awarded under this subsection 
     shall be--
       (A) distributed directly to the State, unit of local 
     government, or Indian tribe; and
       (B) used to fund personnel expenses, equipment, training, 
     and facilities to support public safety officers in their 
     efforts to protect homeland security and prevent and respond 
     to acts of terrorism.
       (3) Allocation and distribution of funds.--
       (A) Set-aside for indian tribes.--
       (i) In general.--The Secretary shall reserve 1 percent of 
     the amount appropriated for grants pursuant to this Act to be 
     used for grants to Indian tribes.
       (ii) Selection of indian tribes.--

       (I) In general.--The Secretary shall award grants under 
     this subparagraph to Indian tribes on the basis of a 
     competition conducted pursuant to specific criteria.
       (II) Rulemaking.--The criteria under subclause (I) shall be 
     contained in a regulation promulgated by the Attorney General 
     after notice and public comment.

       (B) Set-aside for rural states.--
       (i) In general.--The Secretary shall reserve 5 percent of 
     the amount appropriated for grants pursuant to this Act to be 
     used for grants to rural States.
       (ii) Selection of rural states.--The Secretary shall award 
     grants under this subparagraph to rural States (as defined in 
     section 1501(b) of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796bb(b))).
       (C) Minimum amount.--The Secretary shall allocate, from the 
     total amount appropriated for grants to States under this 
     subsection--
       (i) not less than 0.75 percent for each State; and
       (ii) not less than 0.25 percent for American Samoa, Guam, 
     the Northern Mariana Islands, and the United States Virgin 
     Islands, respectively.
       (D) Allocation to metropolitan cities and urban counties.--
       (i) Allocation percentage.--The balance of the total amount 
     appropriated for grants to States under this subsection after 
     allocations have been made to Indian tribes, rural States, 
     and the minimum amount to each State pursuant to 
     subparagraphs (A) through (C), shall be allocated by the 
     Secretary to metropolitan cities and urban counties.
       (E) Computation of amount allocated to metropolitan 
     cities.--
       (i) Computation ratios.--The Secretary shall determine the 
     amount to be allocated to each metropolitan city, which shall 
     bear the same ratio to the allocation for all metropolitan 
     cities as the weighted average of--

       (I) the population of the metropolitan city divided by the 
     population of all metropolitan cities;
       (II) the potential chemical security risk of the 
     metropolitan city divided by the potential chemical security 
     risk of all metropolitan cities;
       (III) the proximity of the metropolitan city to the nearest 
     operating nuclear power plant

[[Page S2528]]

     compared to the proximity of all metropolitan cities to the 
     nearest operating nuclear power plant to each such city;
       (IV) the proximity of the metropolitan cities to the 
     nearest United States land or water port compared with the 
     proximity of all metropolitan cities to the nearest United 
     States land or water port to each such city;
       (V) the proximity of the metropolitan city to the nearest 
     international border compared with the proximity of all 
     metropolitan cities to the nearest international border to 
     each such city; and
       (VI) the proximity of the metropolitan city to the nearest 
     Disaster Medical Assistance Team (referred to in this 
     subsection as ``DMAT'') compared with the proximity of all 
     metropolitan cities to the nearest DMAT to each such city.

       (ii) Clarification of computation ratios.--

       (I) Relative weight of factor.--In determining the average 
     of the ratios under clause (i)--

       (aa) the ratio involving population shall constitute 50 
     percent of the formula in calculating the allocation; and
       (bb) the remaining factors shall be equally weighted.

       (II) Potential chemical security risk.--If a metropolitan 
     city is within the vulnerable zone of a worst-case chemical 
     release (as specified in the most recent risk management 
     plans filed with the Environmental Protection Agency, or 
     another instrument developed by the Environmental Protection 
     Agency or the Homeland Security Department that captures the 
     same information for the same facilities), the ratio under 
     clause (i)(II) shall be 1 divided by the total number of 
     metropolitan cities that are within such a zone.
       (III) Proximity as it pertains to nuclear security.--If a 
     metropolitan city is located within 50 miles of an operating 
     nuclear power plant (as identified by the Nuclear Regulatory 
     Commission), the ratio under clause (i)(III) shall be 1 
     divided by the total number of metropolitan cities, not to 
     exceed 100, which are located within 50 miles of an operating 
     nuclear power plant.
       (IV) Proximity as it pertains to port security.--If a 
     metropolitan city is located within 50 miles of 1 of the 100 
     largest United States ports (as stated by the Department of 
     Transportation, Bureau of Transportation Statistics, United 
     States Port Report by All Land Modes), or within 50 miles of 
     1 of the 30 largest United States water ports by metric tons 
     and value (as stated by the Department of Transportation, 
     Maritime Administration, United States Foreign Waterborne 
     Transportation Statistics), the ratio under clause (i)(IV) 
     shall be 1 divided by the total number of metropolitan cities 
     that are located within 50 miles of a United States land or 
     water port.
       (V) Proximity to international border.--If a metropolitan 
     city is located within 50 miles of an international border, 
     the ratio under clause (i)(V) shall be 1 divided by the total 
     number of metropolitan cities that are located within 50 
     miles of an international border.
       (VI) Proximity to disaster medical assistance team.--If a 
     metropolitan city is located within 50 miles of a DMAT, as 
     organized by the National Disaster Medical System, the ratio 
     under clause (i)(VI) shall be 1 divided by the total number 
     of metropolitan cities that are located within 50 miles of a 
     DMAT.

       (F) Computation of amount allocated to urban counties.--
       (i) Computation ratios.--The Secretary shall determine the 
     amount to be allocated to each urban county, which shall bear 
     the same ratio to the allocation for all urban counties as 
     the weighted average of--

       (I) the population of the urban county divided by the 
     population of all urban counties;
       (II) the potential chemical security risk of the urban 
     county divided by the potential chemical security risk of all 
     urban counties;
       (III) the proximity of the urban county to the nearest 
     operating nuclear power plant compared to the proximity of 
     all urban counties to the nearest operating nuclear power 
     plant to each such city;
       (IV) the proximity of the urban counties to the nearest 
     United States land or water port compared with the proximity 
     of all urban counties to the nearest United States land or 
     water port to each such city;
       (V) the proximity of the urban county to the nearest 
     international border compared with the proximity of all urban 
     counties to the nearest international border to each such 
     city; and
       (VI) the proximity of the urban county to the nearest 
     Disaster Medical Assistance Team (referred to in this 
     subsection as ``DMAT'') compared with the proximity of all 
     urban counties to the nearest DMAT to each such city.

       (ii) Clarification of computation ratios.--

       (I) Relative weight of factor.--In determining the average 
     of the ratios under clause (i)--

       (aa) the ratio involving population shall constitute 50 
     percent of the formula in calculating the allocation; and
       (bb) the remaining factors shall be equally weighted.

       (II) Potential chemical security risk.--If an urban county 
     is within the vulnerable zone of a worst-case chemical 
     release (as specified in the most recent risk management 
     plans filed with the Environmental Protection Agency, or 
     another instrument developed by the Environmental Protection 
     Agency or the Homeland Security Department that captures the 
     same information for the same facilities), the ratio under 
     clause (i)(II) shall be 1 divided by the total number of 
     urban counties that are within such a zone.
       (III) Proximity as it pertains to nuclear security.--If an 
     urban county is located within 50 miles of an operating 
     nuclear power plant (as identified by the Nuclear Regulatory 
     Commission), the ratio under clause (i)(III) shall be 1 
     divided by the total number of urban counties, not to exceed 
     100, which are located within 50 miles of an operating 
     nuclear power plant.
       (IV) Proximity as it pertains to port security.--If an 
     urban county is located within 50 miles of 1 of the 100 
     largest United States ports (as stated by the Department of 
     Transportation, Bureau of Transportation Statistics, United 
     States Port Report by All Land Modes), or within 50 miles of 
     1 of the 30 largest United States water ports by metric tons 
     and value (as stated by the Department of Transportation, 
     Maritime Administration, United States Foreign Waterborne 
     Transportation Statistics), the ratio under clause (i)(IV) 
     shall be 1 divided by the total number of urban counties that 
     are located within 50 miles of a United States land or water 
     port.
       (V) Proximity to international border.--If an urban county 
     is located within 50 miles of an international border, the 
     ratio under clause (i)(V) shall be 1 divided by the total 
     number of urban counties that are located within 50 miles of 
     an international border.
       (VI) Proximity to disaster medical assistance team.--If an 
     urban county is located within 50 miles of a DMAT, as 
     organized by the National Disaster Medical System, the ratio 
     under clause (i)(VI) shall be 1 divided by the total number 
     of urban counties that are located within 50 miles of a DMAT.

       (G) Exclusions.--
       (i) In general.--In computing amounts or exclusions under 
     subparagraph (F) with respect to any urban county, units of 
     general local government located in the county shall be 
     excluded if the populations of such units are not counted to 
     determine the eligibility of the urban county to receive a 
     grant under this subsection.
       (ii) Independent cities.--

       (I) In general.--In computing amounts under clause (i), 
     there shall be included any independent city (as defined by 
     the Bureau of the Census) which--

       (aa) is not part of any county;
       (bb) is not eligible for a grant;
       (cc) is contiguous to the urban county;
       (dd) has entered into cooperation agreements with the urban 
     county which provide that the urban county is to undertake or 
     to assist in the undertaking of essential community 
     development and housing assistance activities with respect to 
     such independent city; and
       (ee) is not included as a part of any other unit of general 
     local government for purposes of this subsection.

       (II) Limitation.--Any independent city that is included in 
     the computation under this clause (i) shall not be eligible 
     to receive assistance under this subsection for the fiscal 
     year for which such computation is used to allocate such 
     assistance.

       (H) Inclusion.--
       (i) Local government straddling county line.--In computing 
     amounts or exclusions under subparagraph (F) with respect to 
     any urban county, all of the area of any unit of local 
     government shall be included, which is part of, but is not 
     located entirely within the boundaries of, such urban county 
     if--

       (I) the part of such unit of local government that is 
     within the boundaries of such urban county would otherwise be 
     included in computing the amount for such urban county under 
     this paragraph; and
       (II) the part of such unit of local government that is not 
     within the boundaries of such urban county is not included as 
     a part of any other unit of local government for the purpose 
     of this paragraph.

       (ii) Use of grant funds outside urban county.--Any amount 
     received under this subsection by an urban county described 
     under clause (i) may be used with respect to the part of such 
     unit of local government that is outside the boundaries of 
     such urban county.
       (I) Population.--
       (i) Effect of consolidation.--Where data are available, the 
     amount to be allocated to a metropolitan city that has been 
     formed by the consolidation of 1 or more metropolitan cities 
     within an urban county shall be equal to the sum of the 
     amounts that would have been allocated to the urban county or 
     cities and the balance of the consolidated government if such 
     consolidation had not occurred.
       (ii) Limitation.--Clause (i) shall apply only to a 
     consolidation that--

       (I) included all metropolitan cities that received grants 
     under this subsection for the fiscal year preceding such 
     consolidation and that were located within the urban county;
       (II) included the entire urban county that received a grant 
     under this subsection for the fiscal year preceding such 
     consolidation; and
       (III) took place on or after January 1, 2003

       (iii) Growth rate.--The population growth rate of all 
     metropolitan cities defined in this subsection shall be based 
     on the population of--

       (I) metropolitan cities other than consolidated governments 
     the grant for which is determined under this paragraph; and

[[Page S2529]]

       (II) cities that were metropolitan cities before their 
     incorporation into consolidated governments.

       (4) Maximum amount per grantee.--
       (A) In general.--A qualifying State, unit of local 
     government, or Indian tribe may not receive more than 5 
     percent of the total amount appropriated for grants under 
     this section.
       (B) Aggregate amount per State.--A State, together with the 
     grantees within the State may not receive more than 20 
     percent of the total amount appropriated for grants under 
     this section.
       (5) Matching funds.--
       (A) In general.--The portion of the costs of a program 
     provided by a grant under paragraph (1) may not exceed 90 
     percent.
       (B) Waiver.--If the Secretary determines that a grantee is 
     experiencing fiscal hardship, the Secretary may waive, in 
     whole or in part, the matching requirement under subparagraph 
     (A).
       (C) Exception.--Any funds appropriated by Congress for the 
     activities of any agency of an Indian tribal government or 
     the Bureau of Indian Affairs performing law enforcement 
     functions on any Indian lands may be used to provide the non-
     Federal share of a matching requirement under subparagraph 
     (A).
       (d) Applications.--
       (1) In general.--To request a grant under this section, the 
     chief executive of a State, unit of local government, or 
     Indian tribe shall submit an application to the Secretary of 
     the Bureau of Justice Assistance in such form and containing 
     such information as the Secretary may reasonably require.
       (2) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to implement this section (including the 
     information that must be included and the requirements that 
     the States, units of local government, and Indian tribes must 
     meet) in submitting the applications required under this 
     section.
       (e) Authorization and Appropriations.--There are authorized 
     to be appropriated and are appropriated $5,000,000,000 for 
     fiscal year 2003 to carry out this section.

     SEC. 303. FUNDING FOR EDUCATION.

       (a) Basic Programs Operated by Local Educational 
     Agencies.--In addition to amounts appropriated under the 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2003, the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2003, for carrying out part A of title I 
     of the Elementary and Secondary Education Act of 1965, 
     $4,250,000,000. The Secretary of Education shall reserve 1 
     percent of such amount for the Secretary of the Interior for 
     programs under part B of title I of such Act in schools 
     operated or funded by the Bureau of Indian Affairs.
       (b) High Quality Teachers and Principals.--In addition to 
     amounts appropriated under the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2003, the following sums are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2003, 
     for carrying out part A of title II (other than subpart 5) of 
     the Elementary and Secondary Education Act of 1965, 
     $550,000,000. The Secretary of Education shall reserve 1 
     percent of such amount for the Secretary of the Interior for 
     programs under such part A in schools operated or funded by 
     the Bureau of Indian Affairs.
       (c) Language Instruction for Limited English Proficient and 
     Immigrant Students.--In addition to amounts appropriated 
     under the Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2003, 
     the following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2003, for carrying out title III (other 
     than subpart 4 of part B) of the Elementary and Secondary 
     Education Act of 1965, $410,000,000. The Secretary of 
     Education shall reserve 1 percent of such amount for payment 
     of entities under section 3112(a) of such Act.
       (d) 21st Century Community Learning Centers.--In addition 
     to amounts appropriated under the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2003, the following sums are 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2003, 
     for carrying out part B of title IV of the Elementary and 
     Secondary Education Act of 1965, $500,000,000.The Secretary 
     of Education shall reserve 1 percent of such amount for 
     payments to the Bureau of Indian Affairs to enable the Bureau 
     to carry out the purposes of such part B.
       (e) Rural Education Initiative.--In addition to amounts 
     appropriated under the Departments of Labor, Health and Human 
     Services, and Education, and Related Agencies Appropriations 
     Act, 2003, the following sums are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2003, for carrying out part 
     B of title VI of the Elementary and Secondary Education Act 
     of 1965, $131,000,000.
       (f) Student Financial Assistance.--
       (1) In general.--In addition to amounts appropriated under 
     the Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Act, 2003, the 
     following sums are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2003, for carrying out subpart 1 of part 
     A of title IV of the Higher Education Act of 1965, 
     $200,000,000.
       (2) Maximum pell grant.--The maximum Pell Grant for which a 
     student shall be eligible during award year 2003-2004 shall 
     be $4,100.

     SEC. 304. TEMPORARY STATE FMAP RELIEF.

       (a) Permitting Maintenance of Fiscal Year 2002 FMAP for 
     Last 3 Calendar Quarters of Fiscal Year 2003.--
     Notwithstanding any other provision of law, but subject to 
     subsection (e), if the FMAP determined without regard to this 
     subsection for a State for fiscal year 2003 is less than the 
     FMAP as so determined for fiscal year 2002, the FMAP for the 
     State for fiscal year 2002 shall be substituted for the 
     State's FMAP for the second, third, and fourth calendar 
     quarters of fiscal year 2003, before the application of this 
     section.
       (b) Permitting Maintenance of Fiscal Year 2003 FMAP for 
     First Calendar Quarter of Fiscal Year 2004.--Notwithstanding 
     any other provision of law, but subject to subsection (e), if 
     the FMAP determined without regard to this subsection for a 
     State for fiscal year 2004 is less than the FMAP as so 
     determined for fiscal year 2003, the FMAP for the State for 
     fiscal year 2003 shall be substituted for the State's FMAP 
     for the first calendar quarter of fiscal year 2004, before 
     the application of this section.
       (c) General 3.76 Percentage Points Increase for Last 3 
     Calendar Quarters of Fiscal Year 2003 and First Calendar 
     Quarter of Fiscal Year 2004.--Notwithstanding any other 
     provision of law, but subject to subsections (e) and (f), for 
     each State for the second, third, and fourth calendar 
     quarters of fiscal year 2003 and the first calendar quarter 
     of fiscal year 2004, the FMAP (taking into account the 
     application of subsections (a) and (b)) shall be increased by 
     3.76 percentage points.
       (d) Increase in Cap on Medicaid Payments To Territories.--
     Notwithstanding any other provision of law, but subject to 
     subsection (f), with respect to the second, third, and fourth 
     calendar quarters of fiscal year 2003 and the first calendar 
     quarter of fiscal year 2004, the amounts otherwise determined 
     for Puerto Rico, the Virgin Islands, Guam, the Northern 
     Mariana Islands, and American Samoa under subsections (f) and 
     (g) of section 1108 of the Social Security Act (42 U.S.C. 
     1308) shall each be increased by an amount equal to 7.52 
     percent of such amounts.
       (e) Scope of Application.--The increases in the FMAP for a 
     State under this section shall apply only for purposes of 
     title XIX of the Social Security Act and shall not apply with 
     respect to--
       (1) disproportionate share hospital payments described in 
     section 1923 of such Act (42 U.S.C. 1396r-4);
       (2) payments under title IV or XXI of such Act (42 U.S.C. 
     601 et seq. and 1397aa et seq.); or
       (3) the percentage described in the third sentence of 
     section 1905(b) of the Social Security Act (42 U.S.C. 
     1396d(b)) (relating to amounts expended as medical assistance 
     for services received through an Indian Health Service 
     facility whether operated by the Indian Health Service or by 
     an Indian tribe or tribal organization (as defined in section 
     4 of the Indian Health Care Improvement Act)).
       (f) State Eligibility.--
       (1) In general.--Subject to paragraph (2), a State is 
     eligible for an increase in its FMAP under subsection (c) or 
     an increase in a cap amount under subsection (d) only if the 
     eligibility under its State plan under title XIX of the 
     Social Security Act (including any waiver under such title or 
     under section 1115 of such Act (42 U.S.C. 1315)) is no more 
     restrictive than the eligibility under such plan (or waiver) 
     as in effect on July 1, 2003.
       (2) State reinstatement of eligibility permitted.--A State 
     that has restricted eligibility under its State plan under 
     title XIX of the Social Security Act (including any waiver 
     under such title or under section 1115 of such Act (42 U.S.C. 
     1315)) after July 1, 2003, but prior to the date of enactment 
     of this Act is eligible for an increase in its FMAP under 
     subsection (c) or an increase in a cap amount under 
     subsection (d) in the first calendar quarter (and any 
     subsequent calendar quarters) in which the State has 
     reinstated eligibility that is no more restrictive than the 
     eligibility under such plan (or waiver) as in effect on July 
     1, 2003.
       (3) Rule of construction.--Nothing in paragraph (1) or (2) 
     shall be construed as affecting a State's flexibility with 
     respect to benefits offered under the State medicaid program 
     under title XIX of the Social Security Act (42 U.S.C. 1396 et 
     seq.) (including any waiver under such title or under section 
     1115 of such Act (42 U.S.C. 1315)).
       (g) Definitions.--In this section:
       (1) FMAP.--The term ``FMAP'' means the Federal medical 
     assistance percentage, as defined in section 1905(b) of the 
     Social Security Act (42 U.S.C. 1396d(b)).
       (2) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.).
       (h) Repeal.--Effective as of January 1, 2004, this section 
     is repealed.

     SEC. 305. FUNDING FOR TRANSPORTATION INFRASTRUCTURE.

       (a) Highway Programs.--
       (1) Appropriations.--Subject to subsection (d), in addition 
     to amounts appropriated

[[Page S2530]]

     under the Department of Transportation and Related Agencies 
     Appropriations Act, 2003, there are appropriated to the 
     Secretary of Transportation, out of any money in the Treasury 
     not otherwise appropriated, for the fiscal year ending 
     September 30, 2003--
       (A) $2,480,000,000--
       (i) to be apportioned among the States in accordance with 
     the formula specified in section 104(b)(3) of title 23, 
     United States Code; and
       (ii) to be used for projects eligible under section 133 of 
     that title, without regard to section 133(d) of that title;
       (B) $80,000,000, to be used by the Secretary in the same 
     manner as funds are used under section 118(c) of that title, 
     except that section 118(c)(2)(A) of that title shall not 
     apply to funds appropriated under this subparagraph;
       (C) $80,000,000, to be used by the Secretary in the same 
     manner as funds are used under section 144(g)(2) of that 
     title;
       (D) $80,000,000, to be used by the Secretary in the same 
     manner as funds are used under subsections (a) through (c) 
     and (e) of section 202 of that title;
       (E) $80,000,000, to be used by the Secretary in the same 
     manner as funds are used under section 202(d) of that title; 
     and
       (F) $80,000,000, to be used by the Secretary in the same 
     manner as funds are used under sections 1118 and 1119 of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 101 
     note; 112 Stat. 161).
       (2) Redistribution of unused obligation authority.--Funds 
     made available under paragraph (1)(A) that are not obligated 
     within 180 days after the date of enactment of this Act shall 
     be redistributed in the manner described in section 1102(d) 
     of the Transportation Equity Act for the 21st Century (23 
     U.S.C. 104 note; 112 Stat. 117).
       (b) Transit Program.--
       (1) Appropriations.--Subject to subsection (d)(1), in 
     addition to amounts appropriated under the Department of 
     Transportation and Related Agencies Appropriations Act, 2003, 
     there are appropriated to the Secretary of Transportation, 
     out of any money in the Treasury not otherwise appropriated, 
     for the fiscal year ending September 30, 2003, $720,000,000--
       (A) to be distributed between and used for projects 
     eligible under sections 5307 and 5311 of title 49, United 
     States Code, in the same ratio as funds were distributed 
     under section 5338 of that title for fiscal years 1998 
     through 2003; and
       (B) to be apportioned among the States in accordance with 
     the formulas specified in sections 5307 and 5311 of title 49, 
     United States Code.
       (2) Redistribution of unused obligation authority.--Funds 
     made available under paragraph (1) that are not obligated 
     within 180 days after the date of enactment of this Act shall 
     be redistributed among the States giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 5307 and 5311 of title 49, United States Code.
       (c) Airport Programs.--Subject to subsection (d), in 
     addition to any amounts appropriated for fiscal year 2003, 
     there is appropriated $400,000,000 out of any money in the 
     Treasury not otherwise appropriated for the fiscal year 
     ending September 30, 2003, to the Secretary of Transportation 
     as discretionary funds to be used by the Secretary for grants 
     to make safety and security improvements at airports in the 
     same manner as funds are used under subtitle VII of title 49, 
     United States Code, except that none of the funds may be used 
     to expedite a letter of intent in effect on the date of 
     enactment of this Act.
       (d) General Provisions.--Notwithstanding any other 
     provision of law--
       (1) the Federal share of the cost of a project carried out 
     with funds made available under this section shall be 100 
     percent; and
       (2) funds made available under subparagraphs (B) through 
     (F) of subsection (a)(1) and under subsection (c) shall be--
       (A) obligated not later than 180 days after the date of 
     enactment of this Act; and
       (B) expended as expeditiously as practicable.

                   TITLE IV--UNEMPLOYMENT ASSISTANCE

    Subtitle A--Additional Weeks of Temporary Extended Unemployment 
                              Compensation

     SEC. 401. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY 
                   EXTENDED UNEMPLOYMENT COMPENSATION.

       (a) Entitlement to Additional Weeks.--
       (1) In general.--Paragraph (1) of section 203(b) of the 
     Temporary Extended Unemployment Compensation Act of 2002 
     (Public Law 107-147; 116 Stat. 28) is amended--
       (A) in subparagraph (A), by striking ``50 percent'' and 
     inserting ``100 percent''; and
       (B) in subparagraph (B), by striking ``13 times'' and 
     inserting ``26 times''.
       (2) Repeal of restriction on augmentation during 
     transitional period.--Section 208(b) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147), as amended by Public Law 108-1 (117 Stat. 3), is 
     amended--
       (A) in paragraph (1)--
       (i) by striking ``paragraphs (2) and (3)'' and inserting 
     ``paragraph (2)''; and
       (ii) by inserting before the period at the end the 
     following: ``, including such compensation by reason of 
     amounts deposited in such account after such date pursuant to 
     the application of subsection (c) of such section'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (3) Extension of transition limitation.--Section 208(b)(2) 
     of the Temporary Extended Unemployment Compensation Act of 
     2002 (Public Law 107-147), as amended by Public Law 108-1 
     (117 Stat. 3) and as redesignated by paragraph (2), is 
     amended by striking ``August 30, 2003'' and inserting 
     ``December 31, 2003''.
       (4) Conforming amendment for augmented benefits.--Section 
     203(c)(1) of the Temporary Extended Unemployment Compensation 
     Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by 
     striking ``the amount originally established in such account 
     (as determined under subsection (b)(1))'' and inserting ``7 
     times the individual's average weekly benefit amount for the 
     benefit year''.
       (b) Effective Date and Application.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply with respect to weeks of unemployment beginning 
     on or after the date of enactment this Act.
       (2) TEUC-X amounts deposited in account prior to date of 
     enactment deemed to be the additional teuc amounts provided 
     by this section.--In applying the amendments made by 
     subsection (a) under the Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 26), 
     the Secretary of Labor shall deem any amounts deposited into 
     an individual's temporary extended unemployment compensation 
     account by reason of section 203(c) of such Act (commonly 
     known as ``TEUC-X amounts'') prior to the date of enactment 
     of this Act to be amounts deposited in such account by reason 
     of section 203(b) of such Act, as amended by subsection (a) 
     (commonly known as ``TEUC amounts'').
       (3) Application to exhaustees and current beneficiaries.--
       (A) Exhaustees.--In the case of any individual--
       (i) to whom any temporary extended unemployment 
     compensation was payable for any week beginning before the 
     date of enactment of this Act; and
       (ii) who exhausted such individual's rights to such 
     compensation (by reason of the payment of all amounts in such 
     individual's temporary extended unemployment compensation 
     account) before such date,

     such individual's eligibility for any additional weeks of 
     temporary extended unemployment compensation by reason of the 
     amendments made by subsection (a) shall apply with respect to 
     weeks of unemployment beginning on or after the date of 
     enactment of this Act.
       (B) Current beneficiaries.--In the case of any individual--
       (i) to whom any temporary extended unemployment 
     compensation was payable for any week beginning before the 
     date of enactment of this Act; and
       (ii) as to whom the condition described in subparagraph 
     (A)(ii) does not apply,

     such individual shall be eligible for temporary extended 
     unemployment compensation (in accordance with the provisions 
     of the Temporary Extended Unemployment Compensation Act of 
     2002, as amended by subsection (a)) with respect to weeks of 
     unemployment beginning on or after the date of enactment of 
     this Act.
       (4) Redetermination of eligibility for augmented amounts 
     for individuals for whom such a determination was made prior 
     to the date of enactment.--Any determination of whether the 
     individual's State is in an extended benefit period under 
     section 203(c) of the Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) 
     made prior to the date of enactment of this Act shall be 
     disregarded and the determination under such section shall be 
     made as follows:
       (A) Individuals who exhausted 13 teuc and 13 teux-x weeks 
     prior to the date of enactment.--In the case of an individual 
     who, prior to the date of enactment of this Act, received 26 
     times the individual's average weekly benefit amount through 
     an account established under section 203 of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 28) (by reason of augmentation under 
     subsection (c) of such section), the determination shall be 
     made as of the date of enactment of this Act.
       (B) All other individuals.--In the case of an individual 
     who is not described in subparagraph (A), the determination 
     shall be made at the time that the individual's account 
     established under such section 203, as amended by subsection 
     (a), is exhausted.

    Subtitle B--Temporary Enhanced Regular Unemployment Compensation

     SEC. 411. FEDERAL-STATE AGREEMENTS.

       (a) In General.--Any State which desires to do so may enter 
     into and participate in an agreement under this title with 
     the Secretary of Labor (in this title referred to as the 
     ``Secretary''). Any State which is a party to an agreement 
     under this title may, upon providing 30 days' written notice 
     to the Secretary, terminate such agreement.
       (b) Provisions of Agreement.--
       (1) In general.--Subject to paragraph (3), any agreement 
     under subsection (a) shall provide that the State agency of 
     the State, in addition to any amounts of regular compensation 
     to which an individual may be entitled under the State law, 
     shall make payments of temporary enhanced regular 
     unemployment compensation to an individual in an amount and 
     to the extent that the individual would be entitled to 
     regular compensation if the State law were applied with the 
     modifications described in paragraph (2).

[[Page S2531]]

       (2) Modifications described.--The modifications described 
     in this paragraph are as follows:
       (A) In the case of an individual who is not eligible for 
     regular compensation under the State law because of the use 
     of a definition of base period that does not count wages 
     earned in the most recently completed calendar quarter, then 
     eligibility for compensation shall be determined by applying 
     a base period ending at the close of the most recently 
     completed calendar quarter.
       (B) In the case of an individual who is not eligible for 
     regular compensation under the State law because such 
     individual does not meet requirements relating to 
     availability for work, active search for work, or refusal to 
     accept work, because such individual is seeking, or is 
     available for, less than full-time work, then compensation 
     shall not be denied by such State to an otherwise eligible 
     individual who seeks less than full-time work or fails to 
     accept full-time work.
       (3) Reduction of amounts of regular compensation available 
     for individuals who sought part-time work or failed to accept 
     full-time work.--Any agreement under subsection (a) shall 
     provide that the State agency of the State shall reduce the 
     amount of regular compensation available to an individual who 
     has received temporary enhanced regular unemployment 
     compensation as a result of the application of the 
     modification described in paragraph (2)(B) by the amount of 
     such temporary enhanced regular unemployment compensation.
       (c) Coordination Rule.--The modifications described in 
     subsection (b)(2) shall also apply in determining the amount 
     of benefits payable under any Federal law to the extent that 
     those benefits are determined by reference to regular 
     compensation payable under the State law of the State 
     involved.

     SEC. 412. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS 
                   TITLE.

       (a) General Rule.--There shall be paid to each State which 
     has entered into an agreement under this title an amount 
     equal to--
       (1) 100 percent of any temporary enhanced regular 
     unemployment compensation; and
       (2) 100 percent of any regular compensation which is paid 
     to individuals by such State by reason of the fact that its 
     State law contains provisions comparable to the modifications 
     described in subparagraphs (A) and (B) of section 411(b)(2), 
     but only to the extent that those amounts would, if such 
     amounts were instead payable by virtue of the State law's 
     being deemed to be so modified pursuant to section 411(b)(1), 
     have been reimbursable under paragraph (1).
       (b) Determination of Amount.--Sums under subsection (a) 
     payable to any State by reason of such State having an 
     agreement under this title shall be payable, either in 
     advance or by way of reimbursement (as may be determined by 
     the Secretary), in such amounts as the Secretary estimates 
     the State will be entitled to receive under this title for 
     each calendar month, reduced or increased, as the case may 
     be, by any amount by which the Secretary finds that the 
     Secretary's estimates for any prior calendar month were 
     greater or less than the amounts which should have been paid 
     to the State. Such estimates may be made on the basis of such 
     statistical, sampling, or other method as may be agreed upon 
     by the Secretary and the State agency of the State involved.

     SEC. 413. FINANCING PROVISIONS.

       (a) In General.--Funds in the extended unemployment 
     compensation account (as established by section 905(a) of the 
     Social Security Act (42 U.S.C. 1105(a))), and the Federal 
     unemployment account (as established by section 904(g) of 
     such Act (42 U.S.C. 1104(g))), of the Unemployment Trust Fund 
     (as established by section 904(a) of such Act (42 U.S.C. 
     1104(a))) shall be used for the making of payments to States 
     having agreements entered into under this title.
       (b) Certification.--The Secretary shall from time to time 
     certify to the Secretary of the Treasury for payment to each 
     State the sums which are payable to such State under this 
     title. The Secretary of the Treasury, prior to audit or 
     settlement by the General Accounting Office, shall make 
     payments to the State in accordance with such certification 
     by transfers from the extended unemployment compensation 
     account (as so established), or, to the extent that there are 
     insufficient funds in that account, from the Federal 
     unemployment account, to the account of such State in the 
     Unemployment Trust Fund (as so established).
       (c) Assistance to States.--There are appropriated out of 
     the employment security administration account of the 
     Unemployment Trust Fund (as established by section 901(a) of 
     the Social Security Act (42 U.S.C. 1101(a))) $500,000,000 to 
     reimburse States for the costs of the administration of 
     agreements under this title (including any improvements in 
     technology in connection therewith) and to provide 
     reemployment services to unemployment compensation claimants 
     in States having agreements under this title. Each State's 
     share of the amount appropriated by the preceding sentence 
     shall be determined by the Secretary according to the factors 
     described in section 302(a) of the Social Security Act (42 
     U.S.C. 502(a)) and certified by the Secretary to the 
     Secretary of the Treasury.
       (d) Appropriations for Certain Payments.--There are 
     appropriated from the general fund of the Treasury, without 
     fiscal year limitation, to the extended unemployment 
     compensation account (as so established) of the Unemployment 
     Trust Fund (as so established) such sums as the Secretary 
     estimates to be necessary to make the payments under this 
     section in respect of--
       (1) compensation payable under chapter 85 of title 5, 
     United States Code; and
       (2) compensation payable on the basis of services to which 
     section 3309(a)(1) of the Internal Revenue Code of 1986 
     applies.

     Amounts appropriated pursuant to the preceding sentence shall 
     not be required to be repaid.

     SEC. 414. DEFINITIONS.

       For purposes of this title, the terms ``compensation'', 
     ``base period'', ``regular compensation'', ``State'', ``State 
     agency'', ``State law'', and ``week'' have the respective 
     meanings given such terms under section 205 of the Federal-
     State Extended Unemployment Compensation Act of 1970.

     SEC. 415. APPLICABILITY.

       (a) In General.--Except as provided in subsection (b), an 
     agreement entered into under this title shall apply to weeks 
     of unemployment--
       (1) beginning after the date on which such agreement is 
     entered into; and
       (2) ending before July 1, 2004.
       (b) Phase-Out of TERUC.--
       (1) In general.--Subject to paragraph (2), in the case of 
     an individual who has established eligibility for temporary 
     enhanced regular unemployment compensation, but who has not 
     exhausted all rights to such compensation, as of the last day 
     of the week ending before July 1, 2004, such compensation 
     shall continue to be payable to such individual for any week 
     beginning after such date for which the individual meets the 
     eligibility requirements of this title.
       (2) Limitation.--No compensation shall be payable by reason 
     of paragraph (1) for any week beginning after December 31, 
     2004.

     SEC. 416. COORDINATION WITH THE TEMPORARY EXTENDED 
                   UNEMPLOYMENT COMPENSATION ACT OF 2002.

       (a) In General.--The Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) 
     is amended--
       (1) in section 202(b)(1), by inserting ``, and who have 
     exhausted all rights to temporary enhanced regular 
     unemployment compensation'' before the semicolon at the end;
       (2) in section 202(b)(2), by inserting ``, temporary 
     enhanced regular unemployment compensation,'' after ``regular 
     compensation'';
       (3) in section 202(c), by inserting ``(or, as the case may 
     be, such individual's rights to temporary enhanced regular 
     unemployment compensation)'' after ``State law'' in the 
     matter preceding paragraph (1);
       (4) in section 202(c)(1), by inserting ``and no payments of 
     temporary enhanced regular unemployment compensation can be 
     made'' after ``under such law'';
       (5) in section 202(d)(1), by inserting ``or the amount of 
     any temporary enhanced regular unemployment compensation 
     (including dependents' allowances) payable to such individual 
     for such a week,'' after ``total unemployment'';
       (6) in section 202(d)(2)(A), by inserting ``, or, as the 
     case may be, to temporary enhanced regular unemployment 
     compensation,'' after ``State law'';
       (7) in section 203(b)(1)(A), by inserting ``plus the amount 
     of any temporary enhanced regular unemployment compensation 
     payable to such individual for such week,'' after ``under 
     such law''; and
       (8) in section 203(b)(2), by inserting ``or the amount of 
     any temporary enhanced regular unemployment compensation 
     payable to such individual for such week,'' after ``total 
     unemployment''.
       (b) Amount of TEUC Offset by Amount of TERUC.--Section 
     203(b)(1) of the Temporary Extended Unemployment Compensation 
     Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended--
       (1) in subparagraph (B), by striking the period at the end 
     and inserting a comma; and
       (2) by adding at the end the following:

     ``minus the number of weeks in which the individual was 
     entitled to temporary enhanced regular unemployment 
     compensation as a result of the application of the 
     modification described in section 411(b)(2)(A) of the 
     Economic Recovery Act of 2003 (relating to the alternative 
     base period) multiplied by the individual's average weekly 
     benefit amount for the benefit year.''.
       (c) Temporary Enhanced Regular Unemployment Compensation 
     Defined.--Section 207 of the Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30) 
     is amended to read as follows:

     ``SEC. 207. DEFINITIONS.

       ``In this title:
       ``(1) General definitions.--The terms `compensation', 
     `regular compensation', `extended compensation', `additional 
     compensation', `benefit year', `base period', `State', `State 
     agency', `State law', and `week' have the respective meanings 
     given such terms under section 205 of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note).
       ``(2) Temporary enhanced regular unemployment 
     compensation.--The term `temporary enhanced regular 
     unemployment compensation' means temporary enhanced regular 
     unemployment benefits payable under title IV of the Economic 
     Recovery Act of 2003.''.

[[Page S2532]]

                  TITLE V--LONG-TERM FISCAL DISCIPLINE

        Subtitle A--Provisions Designed To Curtail Tax Shelters

     SEC. 501. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.

       (a) In General.--Section 7701 is amended by redesignating 
     subsection (m) as subsection (n) and by inserting after 
     subsection (l) the following new subsection:
       ``(m) Clarification of Economic Substance Doctrine; Etc.--
       ``(1) General rules.--
       ``(A) In general.--In applying the economic substance 
     doctrine, the determination of whether a transaction has 
     economic substance shall be made as provided in this 
     paragraph.
       ``(B) Definition of economic substance.--For purposes of 
     subparagraph (A)--
       ``(i) In general.--A transaction has economic substance 
     only if--

       ``(I) the transaction changes in a meaningful way (apart 
     from Federal tax effects and, if there is any Federal tax 
     effects, also apart from any foreign, State, or local tax 
     effects) the taxpayer's economic position, and
       ``(II) the taxpayer has a substantial nontax purpose for 
     entering into such transaction and the transaction is a 
     reasonable means of accomplishing such purpose.

       ``(ii) Special rule where taxpayer relies on profit 
     potential.--A transaction shall not be treated as having 
     economic substance by reason of having a potential for profit 
     unless--

       ``(I) the present value of the reasonably expected pre-tax 
     profit from the transaction is substantial in relation to the 
     present value of the expected net tax benefits that would be 
     allowed if the transaction were respected, and
       ``(II) the reasonably expected pre-tax profit from the 
     transaction exceeds a risk-free rate of return.

       ``(C) Treatment of fees and foreign taxes.--Fees and other 
     transaction expenses and foreign taxes shall be taken into 
     account as expenses in determining pre-tax profit under 
     subparagraph (B)(ii).
       ``(2) Special rules for transactions with tax-indifferent 
     parties.--
       ``(A) Special rules for financing transactions.--The form 
     of a transaction which is in substance the borrowing of money 
     or the acquisition of financial capital directly or 
     indirectly from a tax-indifferent party shall not be 
     respected if the present value of the deductions to be 
     claimed with respect to the transaction is substantially in 
     excess of the present value of the anticipated economic 
     returns of the person lending the money or providing the 
     financial capital. A public offering shall be treated as a 
     borrowing, or an acquisition of financial capital, from a 
     tax-indifferent party if it is reasonably expected that at 
     least 50 percent of the offering will be placed with tax-
     indifferent parties.
       ``(B) Artificial income shifting and basis adjustments.--
     The form of a transaction with a tax-indifferent party shall 
     not be respected if--
       ``(i) it results in an allocation of income or gain to the 
     tax-indifferent party in excess of such party's economic 
     income or gain, or
       ``(ii) it results in a basis adjustment or shifting of 
     basis on account of overstating the income or gain of the 
     tax-indifferent party.
       ``(3) Definitions and special rules.--For purposes of this 
     subsection--
       ``(A) Economic substance doctrine.--The term `economic 
     substance doctrine' means the common law doctrine under which 
     tax benefits under subtitle A with respect to a transaction 
     are not allowable if the transaction does not have economic 
     substance or lacks a business purpose.
       ``(B) Tax-indifferent party.--The term `tax-indifferent 
     party' means any person or entity not subject to tax imposed 
     by subtitle A. A person shall be treated as a tax-indifferent 
     party with respect to a transaction if the items taken into 
     account with respect to the transaction have no substantial 
     impact on such person's liability under subtitle A.
       ``(C) Exception for personal transactions of individuals.--
     In the case of an individual, this subsection shall apply 
     only to transactions entered into in connection with a trade 
     or business or an activity engaged in for the production of 
     income.
       ``(D) Treatment of lessors.--In applying subclause (I) of 
     paragraph (1)(B)(ii) to the lessor of tangible property 
     subject to a lease, the expected net tax benefits shall not 
     include the benefits of depreciation, or any tax credit, with 
     respect to the leased property and subclause (II) of 
     paragraph (1)(B)(ii) shall be disregarded in determining 
     whether any of such benefits are allowable.
       ``(4) Other common law doctrines not affected.--Except as 
     specifically provided in this subsection, the provisions of 
     this subsection shall not be construed as altering or 
     supplanting any other rule of law, and the requirements of 
     this subsection shall be construed as being in addition to 
     any such other rule of law.
       ``(5) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection. Such regulations may include 
     exemptions from the application of this subsection.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to transactions entered into after February 15, 
     2004.

     SEC. 502. PENALTY FOR FAILING TO DISCLOSE REPORTABLE 
                   TRANSACTION.

       (a) In General.--Part I of subchapter B of chapter 68 
     (relating to assessable penalties) is amended by inserting 
     after section 6707 the following new section:

     ``SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE REPORTABLE 
                   TRANSACTION INFORMATION WITH RETURN OR 
                   STATEMENT.

       ``(a) Imposition of Penalty.--Any person who fails to 
     include on any return or statement any information with 
     respect to a reportable transaction which is required under 
     section 6011 to be included with such return or statement 
     shall pay a penalty in the amount determined under subsection 
     (b).
       ``(b) Amount of Penalty.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the amount of the penalty under subsection (a) shall be 
     $50,000.
       ``(2) Listed transaction.--The amount of the penalty under 
     subsection (a) with respect to a listed transaction shall be 
     $100,000.
       ``(3) Increase in penalty for large entities and high net 
     worth individuals.--
       ``(A) In general.--In the case of a failure under 
     subsection (a) by--
       ``(i) a large entity, or
       ``(ii) a high net worth individual,

     the penalty under paragraph (1) or (2) shall be twice the 
     amount determined without regard to this paragraph.
       ``(B) Large entity.--For purposes of subparagraph (A), the 
     term `large entity' means, with respect to any taxable year, 
     a person (other than a natural person) with gross receipts in 
     excess of $10,000,000 for the taxable year in which the 
     reportable transaction occurs or the preceding taxable year. 
     Rules similar to the rules of paragraph (2) and subparagraphs 
     (B), (C), and (D) of paragraph (3) of section 448(c) shall 
     apply for purposes of this subparagraph.
       ``(C) High net worth individual.--The term `high net worth 
     individual' means, with respect to a transaction, a natural 
     person whose net worth exceeds $2,000,000 immediately before 
     the transaction.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Reportable transaction.--The term `reportable 
     transaction' means any transaction with respect to which 
     information is required to be included with a return or 
     statement because, as determined under regulations prescribed 
     under section 6011, such transaction is of a type which the 
     Secretary determines as having a potential for tax avoidance 
     or evasion.
       ``(2) Listed transaction.--Except as provided in 
     regulations, the term `listed transaction' means a reportable 
     transaction which is the same as, or substantially similar 
     to, a transaction specifically identified by the Secretary as 
     a tax avoidance transaction for purposes of section 6011.
       ``(d) Authority To Rescind Penalty.--
       ``(1) In general.--The Commissioner of Internal Revenue may 
     rescind all or any portion of any penalty imposed by this 
     section with respect to any violation if--
       ``(A) the violation is with respect to a reportable 
     transaction other than a listed transaction,
       ``(B) the person on whom the penalty is imposed has a 
     history of complying with the requirements of this title,
       ``(C) it is shown that the violation is due to an 
     unintentional mistake of fact;
       ``(D) imposing the penalty would be against equity and good 
     conscience, and
       ``(E) rescinding the penalty would promote compliance with 
     the requirements of this title and effective tax 
     administration.
       ``(2) Discretion.--The exercise of authority under 
     paragraph (1) shall be at the sole discretion of the 
     Commissioner and may be delegated only to the head of the 
     Office of Tax Shelter Analysis. The Commissioner, in the 
     Commissioner's sole discretion, may establish a procedure to 
     determine if a penalty should be referred to the Commissioner 
     or the head of such Office for a determination under 
     paragraph (1).
       ``(3) No appeal.--Notwithstanding any other provision of 
     law, any determination under this subsection may not be 
     reviewed in any administrative or judicial proceeding.
       ``(4) Records.--If a penalty is rescinded under paragraph 
     (1), the Commissioner shall place in the file in the Office 
     of the Commissioner the opinion of the Commissioner or the 
     head of the Office of Tax Shelter Analysis with respect to 
     the determination, including--
       ``(A) the facts and circumstances of the transaction,
       ``(B) the reasons for the rescission, and
       ``(C) the amount of the penalty rescinded.
       ``(5) Report.--The Commissioner shall each year report to 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate--
       ``(A) a summary of the total number and aggregate amount of 
     penalties imposed, and rescinded, under this section, and
       ``(B) a description of each penalty rescinded under this 
     subsection and the reasons therefor.
       ``(e) Penalty Reported to SEC.--In the case of a person--
       ``(1) which is required to file periodic reports under 
     section 13 or 15(d) of the Securities Exchange Act of 1934 or 
     is required to be consolidated with another person for 
     purposes of such reports, and
       ``(2) which--
       ``(A) is required to pay a penalty under this section with 
     respect to a listed transaction,
       ``(B) is required to pay a penalty under section 6662A with 
     respect to any reportable transaction at a rate prescribed 
     under section 6662A(c), or

[[Page S2533]]

       ``(C) is required to pay a penalty under section 6662B with 
     respect to any noneconomic substance transaction,

     the requirement to pay such penalty shall be disclosed in 
     such reports filed by such person for such periods as the 
     Secretary shall specify. Failure to make a disclosure in 
     accordance with the preceding sentence shall be treated as a 
     failure to which the penalty under subsection (b)(2) applies.
       ``(f) Coordination With Other Penalties.--The penalty 
     imposed by this section is in addition to any penalty imposed 
     under this title.''
       (b) Conforming Amendment.--The table of sections for part I 
     of subchapter B of chapter 68 is amended by inserting after 
     the item relating to section 6707 the following:

``Sec. 6707A. Penalty for failure to include reportable transaction 
              information with return or statement.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to returns and statements the due date for which 
     is after the date of the enactment of this Act.

     SEC. 503. ACCURACY-RELATED PENALTY FOR LISTED TRANSACTIONS 
                   AND OTHER REPORTABLE TRANSACTIONS HAVING A 
                   SIGNIFICANT TAX AVOIDANCE PURPOSE.

       (a) In General.--Subchapter A of chapter 68 is amended by 
     inserting after section 6662 the following new section:

     ``SEC. 6662A. IMPOSITION OF ACCURACY-RELATED PENALTY ON 
                   UNDERSTATEMENTS WITH RESPECT TO REPORTABLE 
                   TRANSACTIONS.

       ``(a) Imposition of Penalty.--If a taxpayer has a 
     reportable transaction understatement for any taxable year, 
     there shall be added to the tax an amount equal to 20 percent 
     of the amount of such understatement.
       ``(b) Reportable Transaction Understatement.--For purposes 
     of this section--
       ``(1) In general.--The term `reportable transaction 
     understatement' means the sum of--
       ``(A) the product of--
       ``(i) the amount of the increase (if any) in taxable income 
     which results from a difference between the proper tax 
     treatment of an item to which this section applies and the 
     taxpayer's treatment of such item (as shown on the taxpayer's 
     return of tax), and
       ``(ii) the highest rate of tax imposed by section 1 
     (section 11 in the case of a taxpayer which is a 
     corporation), and
       ``(B) the amount of the decrease (if any) in the aggregate 
     amount of credits determined under subtitle A which results 
     from a difference between the taxpayer's treatment of an item 
     to which this section applies (as shown on the taxpayer's 
     return of tax) and the proper tax treatment of such item.

     For purposes of subparagraph (A), any reduction of the excess 
     of deductions allowed for the taxable year over gross income 
     for such year, and any reduction in the amount of capital 
     losses which would (without regard to section 1211) be 
     allowed for such year, shall be treated as an increase in 
     taxable income.
       ``(2) Items to which section applies.--This section shall 
     apply to any item which is attributable to--
       ``(A) any listed transaction, and
       ``(B) any reportable transaction (other than a listed 
     transaction) if a significant purpose of such transaction is 
     the avoidance or evasion of Federal income tax.
       ``(c) Higher Penalty for Nondisclosed Listed and Other 
     Avoidance Transactions.--
       ``(1) In general.--Subsection (a) shall be applied by 
     substituting `30 percent' for `20 percent' with respect to 
     the portion of any reportable transaction understatement with 
     respect to which the requirement of section 6664(d)(2)(A) is 
     not met.
       ``(2) Rules applicable to compromise of penalty.--
       ``(A) In general.--If the 1st letter of proposed deficiency 
     which allows the taxpayer an opportunity for administrative 
     review in the Internal Revenue Service Office of Appeals has 
     been sent with respect to a penalty to which paragraph (1) 
     applies, only the Commissioner of Internal Revenue may 
     compromise all or any portion of such penalty.
       ``(B) Applicable rules.--The rules of paragraphs (2), (3), 
     (4), and (5) of section 6707A(d) shall apply for purposes of 
     subparagraph (A).
       ``(d) Definitions of Reportable and Listed Transactions.--
     For purposes of this section, the terms `reportable 
     transaction' and `listed transaction' have the respective 
     meanings given to such terms by section 6707A(c).
       ``(e) Special Rules.--
       ``(1) Coordination with penalties, etc., on other 
     understatements.--In the case of an understatement (as 
     defined in section 6662(d)(2))--
       ``(A) the amount of such understatement (determined without 
     regard to this paragraph) shall be increased by the aggregate 
     amount of reportable transaction understatements and 
     noneconomic substance transaction understatements for 
     purposes of determining whether such understatement is a 
     substantial understatement under section 6662(d)(1), and
       ``(B) the addition to tax under section 6662(a) shall apply 
     only to the excess of the amount of the substantial 
     understatement (if any) after the application of subparagraph 
     (A) over the aggregate amount of reportable transaction 
     understatements and noneconomic substance transaction 
     understatements.
       ``(2) Coordination with other penalties.--
       ``(A) Application of fraud penalty.--References to an 
     underpayment in section 6663 shall be treated as including 
     references to a reportable transaction understatement and a 
     noneconomic substance transaction understatement.
       ``(B) No double penalty.--This section shall not apply to 
     any portion of an understatement on which a penalty is 
     imposed under section 6662B or 6663.
       ``(3) Special rule for amended returns.--Except as provided 
     in regulations, in no event shall any tax treatment included 
     with an amendment or supplement to a return of tax be taken 
     into account in determining the amount of any reportable 
     transaction understatement or noneconomic substance 
     transaction understatement if the amendment or supplement is 
     filed after the earlier of the date the taxpayer is first 
     contacted by the Secretary regarding the examination of the 
     return or such other date as is specified by the Secretary.
       ``(4) Noneconomic substance transaction understatement.--
     For purposes of this subsection, the term `noneconomic 
     substance transaction understatement' has the meaning given 
     such term by section 6662B(c).
       ``(5) Cross reference.--

  ``For reporting of section 6662A(c) penalty to the Securities and 
Exchange Commission, see section 6707A(e).''

       (b) Determination of Other Understatements.--Subparagraph 
     (A) of section 6662(d)(2) is amended by adding at the end the 
     following flush sentence:

     ``The excess under the preceding sentence shall be determined 
     without regard to items to which section 6662A applies and 
     without regard to items with respect to which a penalty is 
     imposed by section 6662B.''
     (c) Reasonable Cause Exception.--
       (1) In general.--Section 6664 is amended by adding at the 
     end the following new subsection:
       ``(d) Reasonable Cause Exception for Reportable Transaction 
     Understatements.--
       ``(1) In general.--No penalty shall be imposed under 
     section 6662A with respect to any portion of a reportable 
     transaction understatement if it is shown that there was a 
     reasonable cause for such portion and that the taxpayer acted 
     in good faith with respect to such portion.
       ``(2) Special rules.--Paragraph (1) shall not apply to any 
     reportable transaction understatement unless--
       ``(A) the relevant facts affecting the tax treatment of the 
     item are adequately disclosed in accordance with the 
     regulations prescribed under section 6011,
       ``(B) there is or was substantial authority for such 
     treatment, and
       ``(C) the taxpayer reasonably believed that such treatment 
     was more likely than not the proper treatment.

     A taxpayer failing to adequately disclose in accordance with 
     section 6011 shall be treated as meeting the requirements of 
     subparagraph (A) if the penalty for such failure was 
     rescinded under section 6707A(d).
       ``(3) Rules relating to reasonable belief.--For purposes of 
     paragraph (2)(C)--
       ``(A) In general.--A taxpayer shall be treated as having a 
     reasonable belief with respect to the tax treatment of an 
     item only if such belief--
       ``(i) is based on the facts and law that exist at the time 
     the return of tax which includes such tax treatment is filed, 
     and
       ``(ii) relates solely to the taxpayer's chances of success 
     on the merits of such treatment and does not take into 
     account the possibility that a return will not be audited, 
     such treatment will not be raised on audit, or such treatment 
     will be resolved through settlement if it is raised.
       ``(B) Certain opinions may not be relied upon.--
       ``(i) In general.--An opinion of a tax advisor may not be 
     relied upon to establish the reasonable belief of a taxpayer 
     if--

       ``(I) the tax advisor is described in clause (ii), or
       ``(II) the opinion is described in clause (iii).

       ``(ii) Disqualified tax advisors.--A tax advisor is 
     described in this clause if the tax advisor--

       ``(I) is a material advisor (within the meaning of section 
     6111(b)(1)) who participates in the organization, management, 
     promotion, or sale of the transaction or who is related 
     (within the meaning of section 267(b) or 707(b)(1)) to any 
     person who so participates,
       ``(II) is compensated directly or indirectly by a material 
     advisor with respect to the transaction,
       ``(III) has a fee arrangement with respect to the 
     transaction which is contingent on all or part of the 
     intended tax benefits from the transaction being sustained, 
     or
       ``(IV) as determined under regulations prescribed by the 
     Secretary, has a continuing financial interest with respect 
     to the transaction.

       ``(iii) Disqualified opinions.--For purposes of clause (i), 
     an opinion is disqualified if the opinion--

       ``(I) is based on unreasonable factual or legal assumptions 
     (including assumptions as to future events),
       ``(II) unreasonably relies on representations, statements, 
     findings, or agreements of the taxpayer or any other person,
       ``(III) does not identify and consider all relevant facts, 
     or
       ``(IV) fails to meet any other requirement as the Secretary 
     may prescribe.''

       (2) Conforming amendment.--The heading for subsection (c) 
     of section 6664 is amended

[[Page S2534]]

     by inserting ``for Underpayments'' after ``Exception''.
       (d) Conforming Amendments.--
       (1) Subparagraph (C) of section 461(i)(3) is amended by 
     striking ``section 6662(d)(2)(C)(iii)'' and inserting 
     ``section 1274(b)(3)(C)''.
       (2) Paragraph (3) of section 1274(b) is amended--
       (A) by striking ``(as defined in section 
     6662(d)(2)(C)(iii))'' in subparagraph (B)(i), and
       (B) by adding at the end the following new subparagraph:
       ``(C) Tax shelter.--For purposes of subparagraph (B), the 
     term `tax shelter' means--
       ``(i) a partnership or other entity,
       ``(ii) any investment plan or arrangement, or
       ``(iii) any other plan or arrangement,
     if a significant purpose of such partnership, entity, plan, 
     or arrangement is the avoidance or evasion of Federal income 
     tax.''
       (3) Section 6662(d)(2) is amended by striking subparagraphs 
     (C) and (D).
       (4) Section 6664(c)(1) is amended by striking ``this part'' 
     and inserting ``section 6662 or 6663''.
       (5) Subsection (b) of section 7525 is amended by striking 
     ``section 6662(d)(2)(C)(iii)'' and inserting ``section 
     1274(b)(3)(C)''.
       (6)(A) The heading for section 6662 is amended to read as 
     follows:

     ``SEC. 6662. IMPOSITION OF ACCURACY-RELATED PENALTY ON 
                   UNDERPAYMENTS.''

       (B) The table of sections for part II of subchapter A of 
     chapter 68 is amended by striking the item relating to 
     section 6662 and inserting the following new items:

``Sec. 6662. Imposition of accuracy-related penalty on underpayments.
``Sec. 6662A. Imposition of accuracy-related penalty on understatements 
              with respect to reportable transactions.''
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 504. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO 
                   TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC.

       (a) In General.--Subchapter A of chapter 68 is amended by 
     inserting after section 6662A the following new section:

     ``SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO 
                   TRANSACTIONS LACKING ECONOMIC SUBSTANCE, ETC.

       ``(a) Imposition of Penalty.--If a taxpayer has an 
     noneconomic substance transaction understatement for any 
     taxable year, there shall be added to the tax an amount equal 
     to 40 percent of the amount of such understatement.
       ``(b) Reduction of Penalty for Disclosed Transactions.--
     Subsection (a) shall be applied by substituting `20 percent' 
     for `40 percent' with respect to the portion of any 
     noneconomic substance transaction understatement with respect 
     to which the relevant facts affecting the tax treatment of 
     the item are adequately disclosed in the return or a 
     statement attached to the return.
       ``(c) Noneconomic Substance Transaction Understatement.--
     For purposes of this section--
       ``(1) In general.--The term `noneconomic substance 
     transaction understatement' means any amount which would be 
     an understatement under section 6662A(b)(1) if section 6662A 
     were applied by taking into account items attributable to 
     noneconomic substance transactions rather than items to which 
     section 6662A applies.
       ``(2) Noneconomic substance transaction.--The term 
     `noneconomic substance transaction' means any transaction 
     if--
       ``(A) there is a lack of economic substance (within the 
     meaning of section 7701(m)(1)) for the transaction giving 
     rise to the claimed benefit or the transaction was not 
     respected under section 7701(m)(2), or
       ``(B) the transaction fails to meet the requirements of any 
     similar rule of law.
       ``(d) Rules Applicable To Compromise of Penalty.--
       ``(1) In general.--If the 1st letter of proposed deficiency 
     which allows the taxpayer an opportunity for administrative 
     review in the Internal Revenue Service Office of Appeals has 
     been sent with respect to a penalty to which this section 
     applies, only the Commissioner of Internal Revenue may 
     compromise all or any portion of such penalty.
       ``(2) Applicable rules.--The rules of paragraphs (2), (3), 
     (4), and (5) of section 6707A(d) shall apply for purposes of 
     paragraph (1).
       ``(e) Coordination With Other Penalties.--Except as 
     otherwise provided in this part, the penalty imposed by this 
     section shall be in addition to any other penalty imposed by 
     this title.
       ``(f) Cross References.--

  ``(1) For coordination of penalty with understatements under section 
6662 and other special rules, see section 6662A(e).
  ``(2) For reporting of penalty imposed under this section to the 
Securities and Exchange Commission, see section 6707A(e).''

       (b) Clerical Amendment.--The table of sections for part II 
     of subchapter A of chapter 68 is amended by inserting after 
     the item relating to section 6662A the following new item:

``Sec. 6662B. Penalty for understatements attributable to transactions 
              lacking economic substance, etc.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to transactions entered into after February 15, 
     2004.

     SEC. 505. MODIFICATIONS OF SUBSTANTIAL UNDERSTATEMENT PENALTY 
                   FOR NONREPORTABLE TRANSACTIONS.

       (a) Substantial Understatement of Corporations.--Section 
     6662(d)(1)(B) (relating to special rule for corporations) is 
     amended to read as follows:
       ``(B) Special rule for corporations.--In the case of a 
     corporation other than an S corporation or a personal holding 
     company (as defined in section 542), there is a substantial 
     understatement of income tax for any taxable year if the 
     amount of the understatement for the taxable year exceeds the 
     lesser of--
       ``(i) 10 percent of the tax required to be shown on the 
     return for the taxable year (or, if greater, $10,000), or
       ``(ii) $10,000,000.''
       (b) Reduction for Understatement of Taxpayer Due to 
     Position of Taxpayer or Disclosed Item.--
       (1) In general.--Section 6662(d)(2)(B)(i) (relating to 
     substantial authority) is amended to read as follows:
       ``(i) the tax treatment of any item by the taxpayer if the 
     taxpayer had reasonable belief that the tax treatment was 
     more likely than not the proper treatment, or''.
       (2) Conforming amendment.--Section 6662(d) is amended by 
     adding at the end the following new paragraph:
       ``(3) Secretarial list.--For purposes of this subsection, 
     section 6664(d)(2), and section 6694(a)(1), the Secretary may 
     prescribe a list of positions for which the Secretary 
     believes there is not substantial authority or there is no 
     reasonable belief that the tax treatment is more likely than 
     not the proper tax treatment. Such list (and any revisions 
     thereof) shall be published in the Federal Register or the 
     Internal Revenue Bulletin.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 506. TAX SHELTER EXCEPTION TO CONFIDENTIALITY PRIVILEGES 
                   RELATING TO TAXPAYER COMMUNICATIONS.

       (a) In General.--Section 7525(b) (relating to section not 
     to apply to communications regarding corporate tax shelters) 
     is amended to read as follows:
       ``(b) Section Not To Apply to Communications Regarding Tax 
     Shelters.--The privilege under subsection (a) shall not apply 
     to any written communication which is--
       ``(1) between a federally authorized tax practitioner and--
       ``(A) any person,
       ``(B) any director, officer, employee, agent, or 
     representative of the person, or
       ``(C) any other person holding a capital or profits 
     interest in the person, and
       ``(2) in connection with the promotion of the direct or 
     indirect participation of the person in any tax shelter (as 
     defined in section 1274(b)(3)(C)).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to communications made on or after the date of 
     the enactment of this Act.

     SEC. 507. DISCLOSURE OF REPORTABLE TRANSACTIONS.

       (a) In General.--Section 6111 (relating to registration of 
     tax shelters) is amended to read as follows:

     ``SEC. 6111. DISCLOSURE OF REPORTABLE TRANSACTIONS.

       ``(a) In General.--Each material advisor with respect to 
     any reportable transaction shall make a return (in such form 
     as the Secretary may prescribe) setting forth--
       ``(1) information identifying and describing the 
     transaction,
       ``(2) information describing any potential tax benefits 
     expected to result from the transaction, and
       ``(3) such other information as the Secretary may 
     prescribe.

     Such return shall be filed not later than the date specified 
     by the Secretary.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Material advisor.--
       ``(A) In general.--The term `material advisor' means any 
     person--
       ``(i) who provides any material aid, assistance, or advice 
     with respect to organizing, promoting, selling, implementing, 
     or carrying out any reportable transaction, and
       ``(ii) who directly or indirectly derives gross income in 
     excess of the threshold amount for such advice or assistance.
       ``(B) Threshold amount.--For purposes of subparagraph (A), 
     the threshold amount is--
       ``(i) $50,000 in the case of a reportable transaction 
     substantially all of the tax benefits from which are provided 
     to natural persons, and
       ``(ii) $250,000 in any other case.
       ``(2) Reportable transaction.--The term `reportable 
     transaction' has the meaning given to such term by section 
     6707A(c).
       ``(c) Regulations.--The Secretary may prescribe regulations 
     which provide--
       ``(1) that only 1 person shall be required to meet the 
     requirements of subsection (a) in cases in which 2 or more 
     persons would otherwise be required to meet such 
     requirements,
       ``(2) exemptions from the requirements of this section, and
       ``(3) such rules as may be necessary or appropriate to 
     carry out the purposes of this section.''
       (b) Conforming Amendments.--
       (1) The item relating to section 6111 in the table of 
     sections for subchapter B of chapter 61 is amended to read as 
     follows:


[[Page S2535]]


``Sec. 6111. Disclosure of reportable transactions.''

       (2)(A) So much of section 6112 as precedes subsection (c) 
     thereof is amended to read as follows:

     ``SEC. 6112. MATERIAL ADVISORS OF REPORTABLE TRANSACTIONS 
                   MUST KEEP LISTS OF ADVISEES.

       ``(a) In General.--Each material advisor (as defined in 
     section 6111) with respect to any reportable transaction (as 
     defined in section 6707A(c)) shall maintain, in such manner 
     as the Secretary may by regulations prescribe, a list--
       ``(1) identifying each person with respect to whom such 
     advisor acted as such a material advisor with respect to such 
     transaction, and
       ``(2) containing such other information as the Secretary 
     may by regulations require.

     This section shall apply without regard to whether a material 
     advisor is required to file a return under section 6111 with 
     respect to such transaction.''
       (B) Section 6112 is amended by redesignating subsection (c) 
     as subsection (b).
       (C) Section 6112(b), as redesignated by subparagraph (B), 
     is amended--
       (i) by inserting ``written'' before ``request'' in 
     paragraph (1)(A), and
       (ii) by striking ``shall prescribe'' in paragraph (2) and 
     inserting ``may prescribe''.
       (D) The item relating to section 6112 in the table of 
     sections for subchapter B of chapter 61 is amended to read as 
     follows:

``Sec. 6112. Material advisors of reportable transactions must keep 
              lists of advisees.''

       (3)(A) The heading for section 6708 is amended to read as 
     follows:

     ``SEC. 6708. FAILURE TO MAINTAIN LISTS OF ADVISEES WITH 
                   RESPECT TO REPORTABLE TRANSACTIONS.''

       (B) The item relating to section 6708 in the table of 
     sections for part I of subchapter B of chapter 68 is amended 
     to read as follows:

``Sec. 6708. Failure to maintain lists of advisees with respect to 
              reportable transactions.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to transactions with respect to which material 
     aid, assistance, or advice referred to in section 
     6111(b)(1)(A)(i) of the Internal Revenue Code of 1986 (as 
     added by this section) is provided after the date of the 
     enactment of this Act.

     SEC. 508. MODIFICATIONS TO PENALTY FOR FAILURE TO REGISTER 
                   TAX SHELTERS.

       (a) In General.--Section 6707 (relating to failure to 
     furnish information regarding tax shelters) is amended to 
     read as follows:

     ``SEC. 6707. FAILURE TO FURNISH INFORMATION REGARDING 
                   REPORTABLE TRANSACTIONS.

       ``(a) In General.--If a person who is required to file a 
     return under section 6111(a) with respect to any reportable 
     transaction--
       ``(1) fails to file such return on or before the date 
     prescribed therefor, or
       ``(2) files false or incomplete information with the 
     Secretary with respect to such transaction,

     such person shall pay a penalty with respect to such return 
     in the amount determined under subsection (b).
       ``(b) Amount of Penalty.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     penalty imposed under subsection (a) with respect to any 
     failure shall be $50,000.
       ``(2) Listed transactions.--The penalty imposed under 
     subsection (a) with respect to any listed transaction shall 
     be an amount equal to the greater of--
       ``(A) $200,000, or
       ``(B) 50 percent of the gross income derived by such person 
     with respect to aid, assistance, or advice which is provided 
     with respect to the reportable transaction before the date 
     the return including the transaction is filed under section 
     6111.

     Subparagraph (B) shall be applied by substituting `75 
     percent' for `50 percent' in the case of an intentional 
     failure or act described in subsection (a).
       ``(c) Rescission Authority.--The provisions of section 
     6707A(d) (relating to authority of Commissioner to rescind 
     penalty) shall apply to any penalty imposed under this 
     section.
       ``(d) Reportable and Listed Transactions.--The terms 
     `reportable transaction' and `listed transaction' have the 
     respective meanings given to such terms by section 
     6707A(c).''.
       (b) Clerical Amendment.--The item relating to section 6707 
     in the table of sections for part I of subchapter B of 
     chapter 68 is amended by striking ``tax shelters'' and 
     inserting ``reportable transactions''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to returns the due date for which is after the 
     date of the enactment of this Act.

     SEC. 509. MODIFICATION OF PENALTY FOR FAILURE TO MAINTAIN 
                   LISTS OF INVESTORS.

       (a) In General.--Subsection (a) of section 6708 is amended 
     to read as follows:
       ``(a) Imposition of Penalty.--
       ``(1) In general.--If any person who is required to 
     maintain a list under section 6112(a) fails to make such list 
     available upon written request to the Secretary in accordance 
     with section 6112(b)(1)(A) within 20 business days after the 
     date of the Secretary's request, such person shall pay a 
     penalty of $10,000 for each day of such failure after such 
     20th day.
       ``(2) Reasonable cause exception.--No penalty shall be 
     imposed by paragraph (1) with respect to the failure on any 
     day if such failure is due to reasonable cause.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to requests made after the date of the enactment 
     of this Act.

     SEC. 510. MODIFICATION OF ACTIONS TO ENJOIN CERTAIN CONDUCT 
                   RELATED TO TAX SHELTERS AND REPORTABLE 
                   TRANSACTIONS.

       (a) In General.--Section 7408 (relating to action to enjoin 
     promoters of abusive tax shelters, etc.) is amended by 
     redesignating subsection (c) as subsection (d) and by 
     striking subsections (a) and (b) and inserting the following 
     new subsections:
       ``(a) Authority To Seek Injunction.--A civil action in the 
     name of the United States to enjoin any person from further 
     engaging in specified conduct may be commenced at the request 
     of the Secretary. Any action under this section shall be 
     brought in the district court of the United States for the 
     district in which such person resides, has his principal 
     place of business, or has engaged in specified conduct. The 
     court may exercise its jurisdiction over such action (as 
     provided in section 7402(a)) separate and apart from any 
     other action brought by the United States against such 
     person.
       ``(b) Adjudication and Decree.--In any action under 
     subsection (a), if the court finds--
       ``(1) that the person has engaged in any specified conduct, 
     and
       ``(2) that injunctive relief is appropriate to prevent 
     recurrence of such conduct,

     the court may enjoin such person from engaging in such 
     conduct or in any other activity subject to penalty under 
     this title.
       ``(c) Specified Conduct.--For purposes of this section, the 
     term `specified conduct' means any action, or failure to take 
     action, subject to penalty under section 6700, 6701, 6707, or 
     6708.''
       (b) Conforming Amendments.--
       (1) The heading for section 7408 is amended to read as 
     follows:

     ``SEC. 7408. ACTIONS TO ENJOIN SPECIFIED CONDUCT RELATED TO 
                   TAX SHELTERS AND REPORTABLE TRANSACTIONS.''

       (2) The table of sections for subchapter A of chapter 67 is 
     amended by striking the item relating to section 7408 and 
     inserting the following new item:

``Sec. 7408. Actions to enjoin specified conduct related to tax 
              shelters and reportable transactions.''

       (c) Effective Date.--The amendment made by this section 
     shall take effect on the day after the date of the enactment 
     of this Act.

     SEC. 511. UNDERSTATEMENT OF TAXPAYER'S LIABILITY BY INCOME 
                   TAX RETURN PREPARER.

       (a) Standards Conformed to Taxpayer Standards.--Section 
     6694(a) (relating to understatements due to unrealistic 
     positions) is amended--
       (1) by striking ``realistic possibility of being sustained 
     on its merits'' in paragraph (1) and inserting ``reasonable 
     belief that the tax treatment in such position was more 
     likely than not the proper treatment'',
       (2) by striking ``or was frivolous'' in paragraph (3) and 
     inserting ``or there was no reasonable basis for the tax 
     treatment of such position'', and
       (3) by striking ``Unrealistic'' in the heading and 
     inserting ``Improper''.
       (b) Amount of Penalty.--Section 6694 is amended--
       (1) by striking ``$250'' in subsection (a) and inserting 
     ``$1,000'', and
       (2) by striking ``$1,000'' in subsection (b) and inserting 
     ``$5,000''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to documents prepared after the date of the 
     enactment of this Act.

     SEC. 512. PENALTY ON FAILURE TO REPORT INTERESTS IN FOREIGN 
                   FINANCIAL ACCOUNTS.

       (a) In General.--Section 5321(a)(5) of title 31, United 
     States Code, is amended to read as follows:
       ``(5) Foreign financial agency transaction violation.--
       ``(A) Penalty authorized.--The Secretary of the Treasury 
     may impose a civil money penalty on any person who violates, 
     or causes any violation of, any provision of section 5314.
       ``(B) Amount of penalty.--
       ``(i) In general.--Except as provided in subparagraph (C), 
     the amount of any civil penalty imposed under subparagraph 
     (A) shall not exceed $5,000.
       ``(ii) Reasonable cause exception.--No penalty shall be 
     imposed under subparagraph (A) with respect to any violation 
     if--

       ``(I) such violation was due to reasonable cause, and
       ``(II) the amount of the transaction or the balance in the 
     account at the time of the transaction was properly reported.

       ``(C) Willful violations.--In the case of any person 
     willfully violating, or willfully causing any violation of, 
     any provision of section 5314--
       ``(i) the maximum penalty under subparagraph (B)(i) shall 
     be increased to the greater of--

       ``(I) $25,000, or
       ``(II) the amount (not exceeding $100,000) determined under 
     subparagraph (D), and

       ``(ii) subparagraph (B)(ii) shall not apply.
       ``(D) Amount.--The amount determined under this 
     subparagraph is--
       ``(i) in the case of a violation involving a transaction, 
     the amount of the transaction, or

[[Page S2536]]

       ``(ii) in the case of a violation involving a failure to 
     report the existence of an account or any identifying 
     information required to be provided with respect to an 
     account, the balance in the account at the time of the 
     violation.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to violations occurring after the date of the 
     enactment of this Act.

     SEC. 513. FRIVOLOUS TAX SUBMISSIONS.

       (a) Civil Penalties.--Section 6702 is amended to read as 
     follows:

     ``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

       ``(a) Civil Penalty for Frivolous Tax Returns.--A person 
     shall pay a penalty of $5,000 if--
       ``(1) such person files what purports to be a return of a 
     tax imposed by this title but which--
       ``(A) does not contain information on which the substantial 
     correctness of the self-assessment may be judged, or
       ``(B) contains information that on its face indicates that 
     the self-assessment is substantially incorrect; and
       ``(2) the conduct referred to in paragraph (1)--
       ``(A) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(B) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(b) Civil Penalty for Specified Frivolous Submissions.--
       ``(1) Imposition of penalty.--Except as provided in 
     paragraph (3), any person who submits a specified frivolous 
     submission shall pay a penalty of $5,000.
       ``(2) Specified frivolous submission.--For purposes of this 
     section--
       ``(A) Specified frivolous submission.--The term `specified 
     frivolous submission' means a specified submission if any 
     portion of such submission--
       ``(i) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(ii) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(B) Specified submission.--The term `specified 
     submission' means--
       ``(i) a request for a hearing under--

       ``(I) section 6320 (relating to notice and opportunity for 
     hearing upon filing of notice of lien), or
       ``(II) section 6330 (relating to notice and opportunity for 
     hearing before levy), and

       ``(ii) an application under--

       ``(I) section 6159 (relating to agreements for payment of 
     tax liability in installments),
       ``(II) section 7122 (relating to compromises), or
       ``(III) section 7811 (relating to taxpayer assistance 
     orders).

       ``(3) Opportunity to withdraw submission.--If the Secretary 
     provides a person with notice that a submission is a 
     specified frivolous submission and such person withdraws such 
     submission within 30 days after such notice, the penalty 
     imposed under paragraph (1) shall not apply with respect to 
     such submission.
       ``(c) Listing of Frivolous Positions.--The Secretary shall 
     prescribe (and periodically revise) a list of positions which 
     the Secretary has identified as being frivolous for purposes 
     of this subsection. The Secretary shall not include in such 
     list any position that the Secretary determines meets the 
     requirement of section 6662(d)(2)(B)(ii)(II).
       ``(d) Reduction of Penalty.--The Secretary may reduce the 
     amount of any penalty imposed under this section if the 
     Secretary determines that such reduction would promote 
     compliance with and administration of the Federal tax laws.
       ``(e) Penalties in Addition to Other Penalties.--The 
     penalties imposed by this section shall be in addition to any 
     other penalty provided by law.''
       (b) Treatment of Frivolous Requests for Hearings Before 
     Levy.--
       (1) Frivolous requests disregarded.--Section 6330 (relating 
     to notice and opportunity for hearing before levy) is amended 
     by adding at the end the following new subsection:
       ``(g) Frivolous Requests for Hearing, Etc.--Notwithstanding 
     any other provision of this section, if the Secretary 
     determines that any portion of a request for a hearing under 
     this section or section 6320 meets the requirement of clause 
     (i) or (ii) of section 6702(b)(2)(A), then the Secretary may 
     treat such portion as if it were never submitted and such 
     portion shall not be subject to any further administrative or 
     judicial review.''
       (2) Preclusion from raising frivolous issues at hearing.--
     Section 6330(c)(4) is amended--
       (A) by striking ``(A)'' and inserting ``(A)(i)'';
       (B) by striking ``(B)'' and inserting ``(ii)'';
       (C) by striking the period at the end of the first sentence 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (A)(ii) (as so 
     redesignated) the following:
       ``(B) the issue meets the requirement of clause (i) or (ii) 
     of section 6702(b)(2)(A).''
       (3) Statement of grounds.--Section 6330(b)(1) is amended by 
     striking ``under subsection (a)(3)(B)'' and inserting ``in 
     writing under subsection (a)(3)(B) and states the grounds for 
     the requested hearing''.
       (c) Treatment of Frivolous Requests for Hearings Upon 
     Filing of Notice of Lien.--Section 6320 is amended--
       (1) in subsection (b)(1), by striking ``under subsection 
     (a)(3)(B)'' and inserting ``in writing under subsection 
     (a)(3)(B) and states the grounds for the requested hearing'', 
     and
       (2) in subsection (c), by striking ``and (e)'' and 
     inserting ``(e), and (g)''.
       (d) Treatment of Frivolous Applications for Offers-in-
     Compromise and Installment Agreements.--Section 7122 is 
     amended by adding at the end the following new subsection:
       ``(e) Frivolous Submissions, Etc.--Notwithstanding any 
     other provision of this section, if the Secretary determines 
     that any portion of an application for an offer-in-compromise 
     or installment agreement submitted under this section or 
     section 6159 meets the requirement of clause (i) or (ii) of 
     section 6702(b)(2)(A), then the Secretary may treat such 
     portion as if it were never submitted and such portion shall 
     not be subject to any further administrative or judicial 
     review.''
       (e) Clerical Amendment.--The table of sections for part I 
     of subchapter B of chapter 68 is amended by striking the item 
     relating to section 6702 and inserting the following new 
     item:

``Sec. 6702. Frivolous tax submissions.''

       (f) Effective Date.--The amendments made by this section 
     shall apply to submissions made and issues raised after the 
     date on which the Secretary first prescribes a list under 
     section 6702(c) of the Internal Revenue Code of 1986, as 
     amended by subsection (a).

     SEC. 514. REGULATION OF INDIVIDUALS PRACTICING BEFORE THE 
                   DEPARTMENT OF TREASURY.

       (a) Censure; Imposition of Penalty.--
       (1) In general.--Section 330(b) of title 31, United States 
     Code, is amended--
       (A) by inserting ``, or censure,'' after ``Department'', 
     and
       (B) by adding at the end the following new flush sentence:

     ``The Secretary may impose a monetary penalty on any 
     representative described in the preceding sentence. If the 
     representative was acting on behalf of an employer or any 
     firm or other entity in connection with the conduct giving 
     rise to such penalty, the Secretary may impose a monetary 
     penalty on such employer, firm, or entity if it knew, or 
     reasonably should have known, of such conduct. Such penalty 
     shall not exceed the gross income derived (or to be derived) 
     from the conduct giving rise to the penalty and may be in 
     addition to, or in lieu of, any suspension, disbarment, or 
     censure.''
       (2) Effective date.--The amendments made by this subsection 
     shall apply to actions taken after the date of the enactment 
     of this Act.
       (b) Tax Shelter Opinions, Etc.--Section 330 of such title 
     31 is amended by adding at the end the following new 
     subsection:
       ``(d) Nothing in this section or in any other provision of 
     law shall be construed to limit the authority of the 
     Secretary of the Treasury to impose standards applicable to 
     the rendering of written advice with respect to any entity, 
     transaction plan or arrangement, or other plan or 
     arrangement, which is of a type which the Secretary 
     determines as having a potential for tax avoidance or 
     evasion.''

     SEC. 515. PENALTY ON PROMOTERS OF TAX SHELTERS.

       (a) Penalty on Promoting Abusive Tax Shelters.--Section 
     6700(a) is amended by adding at the end the following new 
     sentence: ``Notwithstanding the first sentence, if an 
     activity with respect to which a penalty imposed under this 
     subsection involves a statement described in paragraph 
     (2)(A), the amount of the penalty shall be equal to 50 
     percent of the gross income derived (or to be derived) from 
     such activity by the person on which the penalty is 
     imposed.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to activities after the date of the enactment of 
     this Act.

     SEC. 516. STATUTE OF LIMITATIONS FOR TAXABLE YEARS FOR WHICH 
                   LISTED TRANSACTIONS NOT REPORTED.

       (a) In General.--Section 6501(e)(1) (relating to 
     substantial omission of items for income taxes) is amended by 
     adding at the end the following new subparagraph:
       ``(C) Listed transactions.--If a taxpayer fails to include 
     on any return or statement for any taxable year any 
     information with respect to a listed transaction (as defined 
     in section 6707A(c)(2)) which is required under section 6011 
     to be included with such return or statement, the tax for 
     such taxable year may be assessed, or a proceeding in court 
     for collection of such tax may be begun without assessment, 
     at any time within 6 years after the time the return is 
     filed. This subparagraph shall not apply to any taxable year 
     if the time for assessment or beginning the proceeding in 
     court has expired before the time a transaction is treated as 
     a listed transaction under section 6011.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to transactions in taxable years beginning after 
     the date of the enactment of this Act.

     SEC. 517. DENIAL OF DEDUCTION FOR INTEREST ON UNDERPAYMENTS 
                   ATTRIBUTABLE TO NONDISCLOSED REPORTABLE AND 
                   NONECONOMIC SUBSTANCE TRANSACTIONS.

       (a) In General.--Section 163 (relating to deduction for 
     interest) is amended by redesignating subsection (m) as 
     subsection (n) and by inserting after subsection (l) the 
     following new subsection:
       ``(m) Interest on Unpaid Taxes Attributable To Nondisclosed 
     Reportable Transactions and Noneconomic Substance 
     Transactions.--No deduction shall be allowed under this 
     chapter for any interest paid or accrued under section 6601 
     on any underpayment of tax which is attributable to--

[[Page S2537]]

       ``(1) the portion of any reportable transaction 
     understatement (as defined in section 6662A(b)) with respect 
     to which the requirement of section 6664(d)(2)(A) is not met, 
     or
       ``(2) any noneconomic substance transaction understatement 
     (as defined in section 6662B(c)).''
       (b) Effective Date.--The amendments made by this section 
     shall apply to transactions in taxable years beginning after 
     the date of the enactment of this Act.

     SEC. 518. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW 
                   ENFORCEMENT.

       There is authorized to be appropriated $300,000,000 for 
     each fiscal year beginning after September 30, 2002, for the 
     purpose of carrying out tax law enforcement to combat tax 
     avoidance transactions and other tax shelters, including the 
     use of offshore financial accounts to conceal taxable income.

                      Subtitle B--Other Provisions

     SEC. 521. AFFIRMATION OF CONSOLIDATED RETURN REGULATION 
                   AUTHORITY.

       (a) In General.--Section 1502 (relating to consolidated 
     return regulations) is amended by adding at the end the 
     following new sentence: ``In prescribing such regulations, 
     the Secretary may prescribe rules applicable to corporations 
     filing consolidated returns under section 1501 that are 
     different from other provisions of this title that would 
     apply if such corporations filed separate returns.''
       (b) Result Not Overturned.--Notwithstanding subsection (a), 
     the Internal Revenue Code of 1986 shall be construed by 
     treating Treasury regulation Sec. 1.1502-20(c)(1)(iii) (as in 
     effect on January 1, 2001) as being inapplicable to the type 
     of factual situation in 255 F.3d 1357 (Fed. Cir. 2001).
       (c) Effective Date.--The provisions of this section shall 
     apply to taxable years beginning before, on, or after the 
     date of the enactment of this Act.

     SEC. 522. SIGNING OF CORPORATE TAX RETURNS BY CHIEF EXECUTIVE 
                   OFFICER.

       (a) In General.--Section 6062 (relating to signing of 
     corporation returns) is amended by striking the first 
     sentence and inserting the following new sentence: ``The 
     return of a corporation with respect to income shall be 
     signed by the chief executive officer of such corporation (or 
     other such officer of the corporation as the Secretary may 
     designate if the corporation does not have a chief executive 
     officer). The preceding sentence shall not apply to any 
     return of a regulated investment company (within the meaning 
     of section 851).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns filed after the date of the enactment 
     of this Act.

     SEC. 523. DISCLOSURE OF TAX SHELTERS TO CORPORATE AUDIT 
                   COMMITTEE.

       (a) In General.--Subchapter B of chapter 61 (relating to 
     information and returns) is amended by inserting after 
     section 6111 the following new section:

     ``SEC. 6111A. DISCLOSURE OF REPORTABLE TRANSACTIONS TO 
                   CORPORATE AUDIT COMMITTEE.

       ``If a corporation is required under section 6011 to 
     include on any return or statement any information with 
     respect to a reportable transaction (as defined in section 
     6707A(c)), the chief executive officer of such corporation 
     (or other such officer of the corporation as the Secretary 
     may designate if the corporation does not have a chief 
     executive officer) shall disclose such information in a 
     statement to the audit committee of the board of directors of 
     such corporation or any similar committee or entity 
     performing auditing functions on behalf of such 
     corporation.''.
       (b) Penalty for Failure to Disclose.--Section 6707A(a) 
     (relating to penalty for failure to include reportable 
     transaction information with return or statement) is amended 
     by inserting ``, or fails to file a statement required under 
     section 6111A,'' before ``shall pay''.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 61 is amended by inserting after the 
     item relating to section 6111 the following new item:

``Sec. 6111A. Disclosure of reportable transactions to corporate audit 
              committee.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to transactions in taxable years beginning after 
     the date of the enactment of this Act.

                   Subtitle C--Budget Points of Order

     SEC. 531. EXTENSION OF PAY-AS-YOU-GO ENFORCEMENT IN THE 
                   SENATE.

       Section 2 of Senate Resolution 304 (107th Congress) is 
     amended--
       (1) in subsection (a)(1), by striking ``April 15, 2003'' 
     and inserting ``the end of the 108th Congress''; and
       (2) in subsection (b)(1)(B), by striking ``April 15, 2003'' 
     and inserting ``at the end of the 108th Congress''.
                                 ______
                                 
      By Mrs. DOLE:
  S. 420. A bill to provide for the acknowledgment of the Lumbee Tribe 
of North Carolina, and for other purposes; to the Committee on Indian 
Affairs.
  Mrs. DOLE. Mr. President, I ask unanimous consent that the text of 
the attached legislation ``Lumbee Acknowledgment Act of 2003,'' be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 420

       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 ``Lumbee Acknowledgment Act of 
     2003''.

     SEC. 2. LUMBEE ACKNOWLEDGMENT.

       The Act of June 7, 1956 (70 Stat. 254, chapter 375), is 
     amended to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Lumbee Acknowledgment Act'.

     ``SEC. 2. FINDINGS.

       ``Congress finds that--
       ``(1) many Indians living in Robeson County, North 
     Carolina, and adjoining counties in the State are descendants 
     of a once large and prosperous tribe that occupied the land 
     along the Lumbee River at the time when the earliest European 
     settlements were established in the area;
       ``(2) when the members of that tribe first made contact 
     with the settlers, the members were a well-established and 
     distinctive people living in European-style houses, tilling 
     the soil, owning slaves and livestock, and practicing many of 
     the arts and crafts of European civilization;
       ``(3) tribal legend, a distinctive appearance and manner of 
     speech, and the frequent recurrence among tribal members of 
     family names (such as Bullard, Chavis, Drinkwater, Locklear, 
     Lowery, Oxendine, and Sampson) that were found on the roster 
     of the earliest English settlements, provide evidence that 
     the Indians now living in the area may trace their ancestry 
     back to both--
       ``(A) European settlers; and
       ``(B) certain coastal tribes of Indians in the State, 
     principally the Cheraw Tribe;
       ``(4) the Lumbee Tribe has remained a distinct Indian 
     community since European settlers first made contact with the 
     community;
       ``(5) the members of the Tribe--
       ``(A) are naturally and understandably proud of their 
     heritage; and
       ``(B) seek to establish their social status and preserve 
     their ancestry;
       ``(6) the State has acknowledged the Lumbee Indians as an 
     Indian tribe since 1885;
       ``(7) in 1956, Congress acknowledged the Lumbee Indians as 
     an Indian tribe but withheld from the Tribe the benefits, 
     privileges, and immunities to which the Tribe and members of 
     the Tribe would have been entitled by virtue of status as an 
     acknowledged Indian tribe; and
       ``(8)(A) the Tribe is entitled to full Federal 
     acknowledgment; and
       ``(B) the programs, services, and benefits that accompany 
     that status should be extended to the Tribe and members of 
     the Tribe.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Acknowledgment.--The term `acknowledgment' means 
     acknowledgment by the United States that--
       ``(A) an Indian group is an Indian tribe; and
       ``(B) the members of the Indian group are eligible for the 
     programs, services, and benefits (including privileges and 
     immunities) provided by the United States to members of 
     Indian tribes because of the status of those members as 
     Indians.
       ``(2) Indian.--The term `Indian' means a member of an 
     Indian tribe or Indian group.
       ``(3) Indian group.--The term `Indian group' means any 
     Indian band, pueblo, village, or community that is not 
     acknowledged.
       ``(4) 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).
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(6) Service population.--The term `service population' 
     means the population of the Tribe eligible to receive the 
     programs, services, and benefits described in section 5(a), 
     as determined by the Secretary under section 5(c).
       ``(7) State.--The term `State' means the State of North 
     Carolina.
       ``(8) Tribal roll.--The term `tribal roll' means a list of 
     individuals who have been determined by the Tribe to meet the 
     membership requirements of the Tribe established in the 
     constitution of the Tribe adopted November 11, 2000.
       ``(9) Tribe.--The term `Tribe' means the Lumbee Tribe of 
     North Carolina, located in Robeson County, North Carolina, 
     and adjoining counties in the State.

     ``SEC. 4. ACKNOWLEDGMENT OF LUMBEE TRIBE.

       ``(a) Acknowledgment.--
       ``(1) In general.--The Tribe is acknowledged.
       ``(2) Applicable law.--All laws (including regulations) of 
     the United States of general applicability to Indians and 
     Indian tribes shall apply to the Tribe and members of the 
     Tribe.
       ``(b) Petition.--Any Indian group located in Robeson 
     County, North Carolina (or any adjoining county), the members 
     of which are not members of the Tribe as determined by the 
     Secretary under section 5(c), may submit to the Secretary a 
     petition in accordance with part 83 of title 25, Code of 
     Federal Regulations (or a successor regulation), for 
     acknowledgement.

     ``SEC. 5. SERVICES.

       ``(a) In General.--Beginning on the date of enactment of 
     this section, the Tribe and members of the Tribe are eligible 
     for all programs, services, and benefits (including

[[Page S2538]]

     privileges and immunities) provided by the Federal Government 
     to Indian tribes and members of Indian tribes.
       ``(b) Reservation.--
       ``(1) Programs, services, and benefits.--For the purpose of 
     providing any program, service, or benefit described in 
     subsection (a) to the Tribe or a member of the Tribe, the 
     Tribe, and any member of the Tribe residing in the county of 
     Robeson, Cumberland, Hoke, or Scotland in the State, shall be 
     considered to be residing on or near an Indian reservation.
       ``(2) Federal law.--Beginning on the date of enactment of 
     this section, Robeson County, North Carolina, shall be 
     considered to be the reservation of the Tribe for the purpose 
     of any Federal law applicable to the Tribe.
       ``(3) No effect on fee ownership.--Nothing in this 
     subsection affects the ownership status of any fee land 
     within the State, or the status of any right or easement in 
     the State, in existence as of the date of enactment of this 
     section.
       ``(c) Determination of Service Population.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall--
       ``(A) using the tribal roll in existence as of the date of 
     enactment of this section, verify the population of the 
     Tribe; and
       ``(B) determine the population of the Tribe eligible to 
     receive the programs, services, and benefits described in 
     subsection (a).
       ``(2) Verification.--The Secretary shall base a 
     verification under paragraph (1)(A) only on a confirmation of 
     compliance of members of the Tribe with membership criteria 
     established in the constitution of the Tribe adopted November 
     11, 2000.
       ``(d) Needs of Tribe.--
       ``(1) In general.--On determination of the service 
     population, the Secretary and the Secretary of Health and 
     Human Services shall develop, in consultation with the 
     Tribe--
       ``(A) a determination of the needs of the Tribe; and
       ``(B) a recommended budget required to serve the Tribe.
       ``(2) Submission of budget request.--For each fiscal year 
     after determination of the service population, the Secretary 
     or the Secretary of Health and Human Services, as 
     appropriate, shall submit to the President a recommended 
     budget for programs, services, and benefits provided by the 
     United States to members of the Tribe because of the status 
     of those members as Indians (including funding 
     recommendations for the Tribe that are based on the 
     determination and budget described in 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. 6. JURISDICTION.

       ``(a) In General.--Except as provided in subsection (b), 
     the State shall exercise jurisdiction over all criminal 
     offenses that are committed on, and all civil actions that 
     arise on, land located in the State that is owned by, or held 
     in trust by the United States for the benefit of, the Tribe 
     or any member of the Tribe.
       ``(b) Transfer of Jurisdiction.--
       ``(1) In general.--After consultation with the Attorney 
     General, the Secretary may accept, on behalf of the United 
     States, any transfer by the State to the United States of all 
     or any portion of the jurisdiction of the State described in 
     subsection (a).
       ``(2) Agreement.--A transfer of jurisdiction under 
     paragraph (1)--
       ``(A) shall be subject to an agreement entered into by the 
     Tribe and the State relating to the transfer; and
       ``(B) shall not take effect until at least 2 years after 
     the date on which the agreement is entered into.
       ``(c) No Effect on Indian Child Welfare Act Agreements.--
     Nothing in this section affects the application of section 
     109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).

     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.''.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Mr. Smith, Mrs. Murray, and Mrs. 
        Feinstein):
  S. 421. A bill to reauthorize and revise the Renewable Energy 
Production Incentive program, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Ms. CANTWELL. Mr. President, I rise today to introduce--along with my 
colleagues Senators Smith, Murray and Feinstein--the Renewable Energy 
Production Incentive, REPI, Reform Act.
  This bill reauthorizes the REPI program, which was created as part of 
the 1992 National Energy Policy Act to foster greater renewable energy 
production and level the playing field for public power utilities, 
which do not qualify for renewable energy tax credits. The REPI program 
provides direct payments to publicly- and cooperatively-owned utilities 
at a rate of 1.5 cents/kWh, indexed for inflation, for electricity 
generated from wind, solar, certain geothermal and biomass sources.
  As some of my colleagues may recall, the Senator from Oregon and I 
introduced a very similar bill last session, which was subsequently 
included in the energy bill that passed the Senate last spring. While 
conferees were ultimately unable to reach agreement on the broader 
energy bill, reauthorizing the REPI program must remain a priority as 
we again contemplate energy legislation during the 108th Congress.
  Since this program's creation, REPI has become an important incentive 
for locally-owned, not-for-profit utilities to become involved in the 
effort to diversify our Nation's generation sources to include clean, 
sustainable sources of power. Since 1995, more than 36 projects in 17 
States have received more than $21 million in REPI incentives and 
produced more than 3,000 megawatt-hours of electricity per year.
  In my home State of Washington, where 55 percent of the overall 
energy load is served by public power, the REPI program had already 
helped support wood-waste and landfill gas projects, and promises to 
help locally-owned utilities tap into our tremendous wind resources. 
Already, the hills south of Kennewick, WA are home to the Nine Canyon 
Wind project--a 48-megawatt wind farm consisting of 37 turbines--
producing enough energy to serve 12,000 households. This bill will 
provide continued support for these innovative projects.
  The Renewable Energy Production Incentive Reform Act that my 
colleagues and I have introduced today will do three simple things. It 
will: reauthorize the program for another 10 years; direct the 
Department of Energy, which runs the program, to allocate funds on a 
more equitable basis in years in which the demand for REPI dollars far 
outpaces available appropriations; and clarifies that landfill gas 
projects and tribal governments are eligible to receive REPI funding.
  One of the key challenges in developing a 21st century energy policy 
for this Nation is putting in place the proper incentives to add new 
and sustainable sources of power to the grid. My colleagues and I from 
the Northwest have learned this lesson well over the past few years, 
during which prolonged droughts have stretched to the limit the 
hydroelectric system that has--since the 1930s--formed the basis for 
our region's economic growth. The new clean energy projects the REPI 
program supports help relieve some of the stress on our hydro system 
and position my state and region for the next cycle of innovation in 
energy technology.
  I look forward to working with my cosponsors during this session to 
ensure this small but important program is reauthorized--whether as 
stand-alone legislation or part of a broader energy bill. I believe we 
as a Nation now stand on the cusp of a revolution in clean energy 
technology. The Renewable Energy Production Incentive program is key in 
helping public power systems participate, as we work to put in place an 
energy policy that will meet the needs of our 21st Century economy.
                                 ______
                                 
      By Mr. BREAUX:
  S. 422. A bill to amend the Tariff Act of 1930 to modify the 
provisions relating to drawback claims, and for other purposes; to the 
Committee on Finance.
  Mr. BREAUX. Mr. President, I would like to clarify a provision of the 
omnibus appropriations bill that was included as a result of 
legislation I have been working on since the last Congress. In the 
transportation section of the omnibus, language was included to help 
provide for tighter restrictions on the waiver process currently in 
place at the Transportation Security Administration. Specifically, with 
this language I was seeking to make sure that venues, events and 
stadiums across the country are safe for the thousands in attendance. 
However, there are certain airships which are particularly well suited 
to assist law enforcement in providing sustained airborne surveillance 
over and around stadium or other events. It was my intention when 
crafting this language that blimps operating in this capacity should 
not be prevented from applying for a waiver from TSA. In fact, under 
the legislation, the Secretary may grant a waiver for blimps which are 
being operated for event safety or security, including those which are 
capable of providing

[[Page S2539]]

immediate on-call airborne security camera surveillance services at the 
stadium or event. It was never my intention to prevent this type of 
security enhancement from being utilized because these types of 
airships can and do provide significant security protections for large 
venue events. I am in possession of a letter from the city of Anaheim 
which states that these air operations ``were a major component of the 
security plan'' as they hosted the 2002 World Series. I ask unanimous 
consent that this be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                    Anaheim Police Department,

                                   Anaheim, CA, November 19, 2002.
     James Hilton,
     Director of Operations, The Lightship Group, Orlando, FL.
       Dear Mr. Hilton: As you know, the City of Anaheim hosted 
     the 2002 Major League Baseball World Series and the Anaheim 
     Police Department was charged with providing security during 
     the games.
       Air operations were a major component of the security plan. 
     Carl Harbuck, Chief Pilot for the Saturn airship, facilitated 
     a joint aerial plan with our helicopter pilots. Carl arranged 
     for one of our pilots to fly in your airship during each of 
     the four games played in Anaheim. Having one Anaheim officer 
     in your airship, along with the officers in our helicopter, 
     proved to be an effective combination. The Anahiem officer in 
     the airship was able to make observations and convey them to 
     our helicopter crewmembers and officers on the ground in a 
     timely, effective manner. Each of our pilots assigned to your 
     crew during the games had the highest praise for the members 
     of your airship operations team. The members were very 
     professional and informative on how they conduct operations. 
     As you know, having insight in another work mission 
     facilitates a smooth and safe environment for all 
     participants.
       Please convey my sincere appreciation to Carl and Pilot 
     Jeff Capek, as well as all your team members, for their 
     hospitality. Let me extend an invitation to your pilots to 
     observe our air operations. They are welcome any time.
           Sincerely,
                                                   Roger A. Baker,
                                                  Chief of Police.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mr. Feingold):
  S. 423. A bill to promote health care coverage parity for individuals 
participating in legal recreational activities or legal transportation 
activities; to the Committee on Health, Education, Labor, and Pensions.
  Ms. COLLINS. Mr. President, I am pleased to join with my colleague 
from Wisconsin, Senator Feingold, in introducing legislation to 
prohibit health insurers from denying benefits to plan participants if 
they are injured while engaging in legal recreational activities like 
skiing or horseback riding.
  Among the many rules that were issued at the end of the Clinton 
Administration was one that was intended to ensure non-discrimination 
in health coverage in the group market. This rule was issued jointly on 
January 8, 2001, by the Department of Labor, the Internal Revenue 
Service and the Health Care Financing Administration--now the Centers 
for Medicare and Medicaid Services--in accordance with the Health 
Insurance Portability and Accountability Act, HIPAA, of 1996.
  While I was pleased that the rule prohibits health plans and issuers 
from denying coverage to individuals who engage in certain types of 
recreational activities, such as skiing, horseback riding, snowmobiling 
or motorcycling, I am extremely concerned that it would allow insurers 
to deny health benefits for an otherwise covered injury that results 
from participation in these activities.
  The rule states that: ``While a person cannot be excluded from a plan 
for engaging in certain recreational activities, benefits for a 
particular injury can, in some cases, be excluded based on the source 
of the injury.'' A plan could, for example, include a general exclusion 
for injuries sustained while doing a specified list of recreational 
activities, even though treatment for those injuries, a broken arm for 
instance, would have been covered under the plan if the individual had 
tripped and fallen.
  Because of this loophole, an individual who was injured while skiing 
or running could be denied health care coverage, while someone who is 
injured while drinking and driving a car would be protected.
  This clearly is contrary to Congressional intent. One of the purposes 
of HIPAA was to prohibit plans and issuers from establishing 
eligibility rules for health coverage based on certain health-related 
factors, including evidence of insurability. To underscore that point, 
the conference report language stated that ``the inclusion of evidence 
of insurability in the definition of health status is intended to 
ensure, among other things, that individuals are not excluded from 
health care coverage due to their participation in activities such as 
motorcycling, snowmobiling, all-terrain vehicle riding, horseback 
riding, skiing and other similar activities.'' The conference report 
also states that ``this provision is meant to prohibit insurers or 
employers from excluding employees in a group from coverage or charging 
them higher premiums based on their health status and other related 
factors that could lead to higher health costs.''
  Millions of Americans participate in these legal and common 
recreational activities which, if practiced with appropriate 
precautions, do not significantly increase the likelihood of serious 
injury. Moreover, in enacting HIPAA, Congress simply did not intend 
that people would be allowed to purchase health insurance only to find 
out, after the fact, that they have no coverage for an injury resulting 
from a common recreational activity. If this rule is allowed to stand, 
millions of Americans will be forced to forgo recreational activities 
that they currently enjoy lest they have an accident and find out that 
they are not covered for needed care resulting from that accident.
  The legislation that we are introducing today will clarify that 
individuals participating in activities routinely enjoyed by millions 
of Americans cannot be denied access to health care coverage or health 
benefits as a result of their activities, and I urge all of our 
colleagues to join us as cosponsors.
  Mr. FEINGOLD. Mr. President, I rise today with my colleague from 
Maine to introduce legislation to promote health care parity for 
individuals participating in legal transportation and recreational 
activities. This legislation addresses concerns that I have been 
hearing from a wide range of Wisconsinites about a loophole caused by 
the Department of Health and Human Services' ruling that makes it 
possible for health care coverage to be denied to those who are injured 
while participating in these kinds of legal activities.
  In January of 2001, the Health Care Finance administration released 
regulations governing the Health Care Insurance Accountability Act of 
1996, also known as HIPAA. As part of this act, Congress intended to 
ban health insurance discrimination against those participating in 
legal transportation or recreational activities. Ironically, it appears 
that the rules written in response to this legislation may have had 
precisely the opposite effect.
  These new regulations at first state that an employer cannot refuse 
health care coverage to an employee on the basis of participation in 
recreational activities. But they then go on to say that health care 
benefits can be denied for injuries sustained in connection with those 
recreational activities.
  Not only does this ruling make little sense, it flies in the face of 
what Congress intended. In a colloquy between Senators Moseley-Braun 
and Kassebaum, Senator Mosely-Braun stated, ``As I understand it, this 
formulation is intended to ensure that, among other things, 
participants and beneficiaries are not excluded from health care 
coverage because they participate in activities such as motorcycling, 
skiing, horseback riding, snowmobiling, or other similar activities.''
  And Senator Kassebaum simply said ``The Senator from Illinois is 
correct.''
  But the bureaucrats turned around and permitted the denial of 
benefits for any injury sustained while participating in these legal 
activities. This ruling makes no sense. Because of this loophole, 
someone who participates in motorcycling, snowmobiling, running or 
walking could be denied health care coverage, while someone who is 
injured while drinking and driving a car would be protected.
  Congress voted 98-0 in favor of the HIPAA legislation that included 
this language. We must close the loophole that the interpretation of 
this provision has created.

[[Page S2540]]

  From riding Harley Davidson motorcycles to the visiting the 
Snowmobile Hall of Fame in St. Germain, these activities are part of 
Wisconsin's heritage and economy. It makes no sense that they would be 
singled out for this unfair treatment.
  Millions of Americans rely on motorcycles for their transportation to 
work. Individuals should not singled out just because they choose a 
different mode of transportation to go to work.
  I urge my colleagues to cosponsor this legislation and provide health 
care parity for individuals participating in legal transportation and 
recreational activities.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Inouye, Mr. Campbell, and Mr. 
        Daschle):
  S. 424. A bill to establish, reauthorize, and improve energy programs 
relating to Indian tribes; to the Committee on Indian Affairs.
  Mr. BINGAMAN. Mr. President, today I am introducing a bipartisan bill 
to address the energy needs of Native Americans in this country. In 
doing so, I hope to build upon the widespread support for these 
provisions that was evident during the energy bill debate in the 107th 
Congress. That support continues as I am pleased to note that Senators 
Inouye, Campbell and Daschle are original cosponsors of this measure. 
I'd like to specifically recognize the work of Senator Inouye and his 
staff in putting together this bill. I appreciate their significant 
contribution to its content.
  Energy matters concerning Native Americans raise two different issues 
that warrant attention. First, tribal lands contain significant and 
diverse energy resources and therefore have a role to play in the area 
of national energy policy. Second, there continues to be a lack of 
basic energy infrastructure on a number of reservations.
  With respect to the first issue, a significant share of domestic 
energy resources are located on Indian lands. Over the last 20 years, 
Indian lands have contributed approximately 11 percent of the Nation's 
onshore oil and natural gas production, and 11 percent of its coal 
production. This level of contribution could increase in the future 
given available supplies of fossil energy resources and the potential 
development of significant renewable energy resources. The Bureau of 
Indian Affairs estimates that there are almost 90 reservations with 
energy resource potential, including oil and gas, coal and coal bed 
methane, wind, and geothermal resources. Developing these resources, 
particularly those such as wind power that have the capability to 
enable tribes to generate electricity on-reservation, requires dealing 
with current obstacles such as limited transmission capacity.
  As for on-reservation energy needs, there is much to be done. A 
recent Department of Energy report estimated that 14.2 percent of all 
Native American homes on reservations have no access to electricity 
compared to just 1.4 percent of all U.S. households. The situation is 
especially acute on the Navajo Reservation where approximately 37 
percent of Navajo homes do not have electricity. Moreover, the average 
Indian household spends 4 percent of its income on electricity, twice 
that of the average for all U.S. households. The high cost of energy is 
particularly harmful to reservation communities, where unemployment 
averages 43 percent. Another 33 percent who live in and around those 
communities earn wages below the poverty level. Given these statistics, 
it is clear that Indian tribes with substantial energy resources and 
high unemployment rates have a critical interest in enhancing their 
participation in the development of energy resources as well as 
providing electrical services to their reservation communities.
  The bill being introduced today is a comprehensive approach to the 
energy issues facing Native Americans. I believe it will assist tribes 
to develop and utilize available energy supplies, thereby improving on-
reservation quality of life while also assisting tribes as they 
continue to move towards economic self-sufficiency. I look forward to 
working with my colleagues on this bill and am hopeful that this 
important legislation can be enacted this year.
  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. 424

       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 ``Tribal 
     Energy Self-Sufficiency Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                         TITLE I--INDIAN ENERGY

Sec. 101. Comprehensive Indian energy program.
Sec. 102. Office of Indian Energy Policy and Programs.
Sec. 103. Siting of energy facilities on tribal land.
Sec. 104. Indian mineral development review.
Sec. 105. Renewable energy study.
Sec. 106. Federal power marketing administrations.
Sec. 107. Feasibility study for combined wind and hydropower 
              demonstration project.
Sec. 108. Transmission line demonstration project.

        TITLE II--RENEWABLE ENERGY AND RURAL CONSTRUCTION GRANTS

Sec. 201. Renewable energy production incentive.

  TITLE III--ENERGY EFFICIENCY AND ASSISTANCE TO LOW-INCOME CONSUMERS

Sec. 301. Low-income community energy efficiency pilot program.
Sec. 302. Rural and remote community electrification grants.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     Energy.

                         TITLE I--INDIAN ENERGY

     SEC. 101. COMPREHENSIVE INDIAN ENERGY PROGRAM.

       Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 
     et seq.) is amended by adding after section 2606 the 
     following:

     ``SEC. 2607. COMPREHENSIVE INDIAN ENERGY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Indian Energy Policy and Programs of the 
     Department of Energy.
       ``(2) Indian land.--The term `Indian land' means--
       ``(A) any land within the limits of an Indian reservation, 
     pueblo, or rancheria;
       ``(B) any land not within the limits of an Indian 
     reservation, pueblo, or rancheria, title to which is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe;
       ``(ii) by an Indian tribe subject to restriction by the 
     United States against alienation; or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to an Alaska Native corporation under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.).
       ``(b) Indian Energy Education Planning and Management 
     Assistance.--
       ``(1) In general.--The Director shall establish programs 
     within the Office of Indian Energy Policy and Programs to 
     assist Indian tribes in meeting energy education, research 
     and development, planning, and management needs.
       ``(2) Grants.--In carrying out this section, the Director 
     may provide grants, on a competitive basis, to an Indian 
     tribe for use in carrying out--
       ``(A) renewable energy, nonrenewable energy, energy 
     efficiency, and energy conservation programs;
       ``(B) studies and other activities supporting tribal 
     acquisition of energy supplies, services, and facilities;
       ``(C) planning, construction, development, operation, 
     maintenance, and improvement of tribal electrical generation, 
     transmission, and distribution facilities located on Indian 
     land; and
       ``(D) development, construction, and interconnection of 
     electric power transmission facilities located on Indian land 
     with other electric transmission facilities.
       ``(3) Formula.--
       ``(A) In general.--The Director may develop, in 
     consultation with Indian tribes, a formula for providing 
     grants under this section.
       ``(B) Considerations.--In developing a formula under 
     subparagraph (A), the Director may take into account--
       ``(i) the number of acres of Indian land owned by an Indian 
     tribe;
       ``(ii) the number of households on the Indian land of an 
     Indian tribe;
       ``(iii) the number of households on the Indian land of an 
     Indian tribe that have no electric service or are 
     underserved; and
       ``(iv) financial or other assets available to the Indian 
     tribe from any source.
       ``(4) Priority.--In providing a grant under this 
     subsection, the Director shall give priority to an 
     application received from an Indian tribe with inadequate 
     electric service (as determined by the Director).
       ``(5) Regulations.--The Secretary may promulgate such 
     regulations as the Secretary determines are necessary to 
     carry out this subsection.
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated to the

[[Page S2541]]

     Secretary to carry out this section $20,000,000 for each of 
     fiscal years 2003 through 2010.
       ``(c) Loan Guarantee Program.--
       ``(1) Authority.--Subject to paragraph (3), the Secretary 
     may provide loan guarantees (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a) for not 
     more than 90 percent of the unpaid principal and interest due 
     on any loan made to any Indian tribe for--
       ``(A) energy development (including the planning, 
     development, construction, and maintenance of electrical 
     generation plants); and
       ``(B) for transmission and delivery mechanisms for 
     electricity produced on Indian land.
       ``(2) Lenders.--A loan guaranteed under this subsection 
     shall be made by--
       ``(A) a financial institution subject to examination by the 
     Secretary; or
       ``(B) an Indian tribe, from funds of the Indian tribe.
       ``(3) Limitation on amount.--The aggregate outstanding 
     amount guaranteed by the Secretary of Energy at any time 
     under this subsection shall not exceed $2,000,000,000.
       ``(4) Regulations.--The Secretary may promulgate such 
     regulations as the Secretary determines are necessary to 
     carry out this subsection.
       ``(5) Funding.--
       ``(A) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.
       ``(B) Availability.--Funds made available under 
     subparagraph (A) shall remain available until expended.
       ``(d) Indian Energy Preference.--
       ``(1) In general.--A Federal agency or department may give, 
     in the purchase of electricity, oil, gas, coal, or any other 
     energy product or byproduct, preference in the purchase to an 
     energy and resource production enterprise, partnership, 
     corporation, or other type of business organization the 
     majority of the interest in which is owned and controlled by 
     an Indian tribe.
       ``(2) Price of products.--In carrying out this subsection, 
     a Federal agency or department shall--
       ``(A) pay not more than the prevailing market price for an 
     energy product or byproduct; and
       ``(B) shall obtain not less than existing market terms and 
     conditions.''.

     SEC. 102. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

       (a) In General.--Title II of the Department of Energy 
     Organization Act (7 U.S.C. 7131 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 217. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.

       ``(a) Establishment.--
       ``(1) In general.--There is established within the 
     Department an Office of Indian Energy Policy and Programs 
     (referred to in this section as the `Office').
       ``(2) Director.--The Office shall be headed by a Director, 
     who shall be--
       ``(A) appointed by the Secretary; and
       ``(B) compensated at a rate equal to that of level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code.
       ``(b) Duties of Director.--The Director shall--
       ``(1) in accordance with Federal policies for the promotion 
     of tribal sovereignty and self-determination, provide, 
     direct, foster, coordinate, and implement energy planning, 
     education, management, conservation, and delivery programs of 
     the Department that--
       ``(A) promote tribal energy efficiency and use;
       ``(B) modernize and develop, for the benefit of Indian 
     tribes, tribal energy and economic infrastructure relating to 
     natural resource development and electrification;
       ``(C) lower or stabilize energy costs; and
       ``(D) electrify tribal land and the homes of tribal 
     members; and
       ``(2) carry out the duties assigned to the Secretary or the 
     Director under title XXVI of the Energy Policy Act of 1992 
     (25 U.S.C. 3501 et seq.).''.
       (b) Conforming Amendments.--
       (1) Authorization of appropriations.--Section 2603 of the 
     Energy Policy Act of 1992 (25 U.S.C. 3503) is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $10,000,000 for each of fiscal years 2003 through 2010.''.
       (2) Table of contents.--The table of contents of the 
     Department of Energy Organization Act (42 U.S.C. prec. 7101) 
     is amended--
       (A) in the item relating to section 209, by striking 
     ``Section'' and inserting ``Sec.''; and
       (B) by striking the items relating to sections 213 through 
     216 and inserting the following:

``Sec. 213. Establishment of policy for National Nuclear Security 
              Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
              intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs.''.
       (3) Executive schedule.--Section 5315 of title 5, United 
     States Code, is amended by inserting ``Director, Office of 
     Indian Energy Policy and Programs, Department of Energy.'' 
     after ``Inspector General, Department of Energy.''.

     SEC. 103. SITING OF ENERGY FACILITIES ON TRIBAL LAND.

       (a) Definitions.--In this section:
       (1) Indian tribe.--
       (A) In general.--The term ``Indian tribe'' means any Indian 
     tribe, band, nation, or other organized group or community 
     that is recognized as being eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       (B) Exclusions.--The term ``Indian tribe'' does not include 
     any Regional Corporation or Native Corporation (as those 
     terms are defined in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602)).
       (2) Interested party.--The term ``interested party'' means 
     a State or other person the interests of which could be 
     adversely affected by a decision of an Indian tribe to grant 
     a lease or right-of-way in accordance with to this section.
       (3) Petition.--The term ``petition'' means a written 
     request submitted to the Secretary for the review of an 
     action (including inaction) of an Indian tribe that is 
     claimed to be in violation of tribal regulations approved 
     under subsection (f).
       (4) Reservation.--The term ``reservation'' means--
       (A) with respect to a reservation in a State other than the 
     State of Oklahoma, all land that has been set aside or that 
     has been acknowledged as having been set aside by the United 
     States for the use of an Indian tribe, the exterior 
     boundaries of which are more particularly defined in a final 
     tribal treaty, agreement, executive order, Federal statute, 
     secretarial order, or judicial determination; and
       (B) with respect to a reservation in the State of Oklahoma, 
     all land that is--
       (i) within the jurisdictional area of an Indian tribe; and
       (ii) within the boundaries of the last reservation of the 
     Indian tribe that was established by treaty, executive order, 
     or secretarial order.
       (5) Secretary.--The term `Secretary' means the Secretary of 
     the Interior.
       (6) Tribal land.--The term `tribal land' means any--
       (A) tribal trust land; or
       (B) other land owned by an Indian tribe that is located 
     within the reservation of the Indian tribe.
       (b) Leases Involving Electric Generation, Transmission, 
     Distribution, or Processing Facilities.--
       (1) In general.--An Indian tribe may grant a lease of 
     tribal land for--
       (A) an electric generation, transmission, or distribution 
     facility; or
       (B) a facility to refine or otherwise process renewable or 
     nonrenewable energy resources developed on tribal land.
       (2) Approval not required.--A lease described in paragraph 
     (1) shall not require the approval of the Secretary if--
       (A) the lease is executed under tribal regulations approved 
     by the Secretary under this subsection; and
       (B) the term of the lease does not exceed 30 years.
       (c) Rights-of-Way for Electric Generation, Transmission, 
     Distribution, or Processing Facilities.--An Indian tribe may 
     grant a right-of-way over tribal land for a pipeline or an 
     electric transmission or distribution line without separate 
     approval by the Secretary if--
       (1) the right-of-way is executed under and complies with 
     tribal regulations approved by the Secretary;
       (2) the term of the right-of-way does not exceed 30 years; 
     and
       (3) the pipeline or electric transmission or distribution 
     line serves--
       (A) an electric generation, transmission or distribution 
     facility located on tribal land; or
       (B) a facility located on tribal land that refines or 
     otherwise processes renewable or nonrenewable energy 
     resources developed on tribal land.
       (d) Validity of Leases and Rights-of-Way.--No lease or 
     right-of-way granted under this section shall be valid unless 
     authorized in compliance with applicable tribal regulations 
     approved under subsection (f).
       (e) Renewals.--Leases or rights-of-way entered into under 
     this section may be renewed at the discretion of the Indian 
     tribe making the grant of the lease or right-of-way in 
     accordance with this section.
       (f) Tribal Regulation Requirements.--
       (1) In general.--The Secretary shall approve or disapprove 
     tribal regulations required under this subsection.
       (2) Conditions for approval.--The Secretary shall approve 
     tribal regulations described in paragraph (1) if the 
     Secretary determines that the regulations--
       (A) are comprehensive in nature;
       (B) include provisions that address--
       (i) securing necessary information from the lessee or 
     right-of-way applicant;
       (ii) the term of any conveyance;
       (iii) amendments and renewals;
       (iv) consideration for a lease or right-of-way;
       (v) technical or other relevant requirements;
       (vi) requirements for environmental review as described in 
     paragraph (3);
       (vii) requirements for complying with all applicable 
     environmental laws;
       (viii) the identification of final approval authority; and
       (ix) the provision of public notification of final 
     approvals; and
       (C) establish a process for consultation with any affected 
     States concerning potential off-reservation impacts 
     associated with

[[Page S2542]]

     a lease or right-of-way proposed to be granted.
       (3) Environmental review process.--An Indian tribe shall 
     establish an environmental review process that includes--
       (A) an identification and evaluation of all significant 
     environmental impacts of the proposed action as compared to a 
     no action alternative;
       (B) identification of proposed mitigation;
       (C) a process for ensuring that the public is informed of 
     and has an opportunity to comment on the proposed action 
     prior to tribal approval of the lease or right-of-way; and
       (D) sufficient administrative support and technical 
     capability to carry out the environmental review process.
       (4) Period for approval or disapproval.--
       (A) In general.--Not later than 270 days after the date of 
     submission by an Indian tribe to the Secretary of tribal 
     regulations under this subsection, the Secretary--
       (i) may provide notice and an opportunity for public 
     comment on the regulations; and
       (ii) shall approve or disapprove the regulations.
       (B) Form of disapproval.--Any disapproval by the Secretary 
     of tribal regulations described in subparagraph (A) shall be 
     accompanied by--
       (i) written documentation that describes the basis for the 
     disapproval; and
       (ii) a description of changes or other actions required to 
     address concerns of the Secretary.
       (C) Extension.--The Secretary may extend the deadline 
     specified in subparagraph (A) for an Indian tribe after 
     consultation with the Indian tribe.
       (5) Duties of indian tribe.--If an Indian tribe executes a 
     lease or right-of-way in accordance with tribal regulations 
     required under this subsection, the Indian tribe shall 
     provide to the Secretary--
       (A) a copy of the lease or right-of-way document (including 
     all amendments and renewals to the lease or document); and
       (B) in the case of tribal regulations or a lease or right-
     of-way that permits payment to be made directly to the Indian 
     tribe, documentation of the payments sufficient to enable the 
     Secretary to discharge the trust responsibility of the United 
     States as appropriate under applicable law.
       (6) No liability for losses.--The United States shall not 
     be liable for any loss sustained by any party (including any 
     Indian tribe or member of an Indian tribe) to a lease 
     executed in accordance with tribal regulations under this 
     subsection.
       (7) Violations.--
       (A) Petitions.--
       (i) In general.--An interested party may, after exhaustion 
     of tribal remedies, submit to the Secretary, in a timely 
     manner, a petition for the review of compliance of an Indian 
     tribe with any tribal regulations approved under this 
     subsection.
       (ii) Deadline for conduct of review.--The Secretary shall 
     conduct any such review under clause (i) as the Secretary 
     determines to be necessary not later than 90 days after the 
     date of receipt of a petition described in clause (i).
       (B) Determination of violation.--If, on completion of a 
     review of tribal regulations under subparagraph (A), the 
     Secretary determines that the regulations were violated, the 
     Secretary may take such action as the Secretary determines to 
     be necessary to remedy the violation, including--
       (i) rescinding or holding any applicable lease or right-of-
     way in abeyance until the violation is cured; and
       (ii)(I) rescinding the approval of the tribal regulations; 
     and
       (II) reassuming responsibility for approval of leases or 
     rights-of-way associated with the facilities covered by those 
     leases or rights-of-way.
       (C) Actions of secretary.--If the Secretary seeks to remedy 
     a violation described in subparagraph (A), the Secretary 
     shall--
       (i) make a written determination with respect to the 
     regulations that have been violated;
       (ii) provide to the applicable Indian tribe a written 
     notice of the violation and a copy of the written 
     determination described in clause (i); and
       (iii) prior to the exercise of any remedy or the rescission 
     of the approval of the regulations involved and reassumption 
     of responsibility for approval of any lease or right-of-way, 
     provide for the Indian tribe a hearing and a reasonable 
     opportunity to cure the alleged violation.
       (D) Appeal.--An Indian tribe that is determined by the 
     Secretary under this paragraph to have violated tribal 
     regulations under this subsection shall retain all rights to 
     appeal as provided by regulations promulgated by the 
     Secretary.
       (g) Agreements.--
       (1) In general.--An agreement between an Indian tribe and a 
     business entity that is directly associated with the 
     development of an electric generation, transmission, or 
     distribution facility, or a facility to refine or otherwise 
     process renewable or nonrenewable energy resources developed 
     on tribal land, shall not require the separate approval of 
     the Secretary in accordance with section 2103 of the Revised 
     Statutes (25 U.S.C. 81) if the activity that is the subject 
     of the agreement has been the subject of an environmental 
     review process under subsection (f)(3).
       (2) No liability for loss.--The United States shall not be 
     liable for any loss sustained by any party (including any 
     Indian tribe or member of an Indian tribe) associated with an 
     agreement entered into under this subsection.
       (h) No Effect on Other Law.--Nothing in this section 
     modifies or otherwise affects the applicability of any 
     provision of--
       (1) the Act of May 11, 1938 (commonly known as the ``Indian 
     Mineral Leasing Act of 1938'') (25 U.S.C. 396a et seq.);
       (2) the Indian Mineral Development Act of 1982 (25 U.S.C. 
     2101 et seq.);
       (3) the Surface Mining Control and Reclamation Act of 1977 
     (30 U.S.C. 1201 et seq.); or
       (4) any environmental law of the United States.

     SEC. 104. INDIAN MINERAL DEVELOPMENT REVIEW.

       (a) In General.--The Secretary of the Interior shall 
     conduct a review of the activities that, as of the date of 
     enactment of this Act, have been carried out by governments 
     of Indian tribes under the Indian Mineral Development Act of 
     1982 (25 U.S.C. 2101 et seq.).
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     submit to the Committee on Indian Affairs and the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Resources of the House of Representatives a 
     report that describes--
       (1) the results of the review;
       (2) recommendations to ensure that Indian tribes have the 
     opportunity to develop nonrenewable energy resources; and
       (3) an analysis of the barriers to the development of 
     energy resources on Indian land, including Federal policies 
     and regulations and recommendations regarding the removal of 
     those barriers.
       (c) Consultation.--In developing the report and 
     recommendations under this section, the Secretary of the 
     Interior shall consult with Indian tribes on a government-to-
     government basis.

     SEC. 105. RENEWABLE ENERGY STUDY.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, and once every 2 years thereafter, the 
     Secretary shall submit to the Committee on Energy and Natural 
     Resources and the Committee on Indian Affairs of the Senate 
     and the Committee on Energy and Commerce and the Committee on 
     Resources of the House of Representatives a report that--
       (1) describes energy consumption and renewable energy 
     development potential on Indian land;
       (2) identifies barriers to the development of renewable 
     energy by Indian tribes, including Federal policies and 
     regulations; and
       (3) makes recommendations regarding the removal of those 
     barriers.
       (b) Consultation.--In developing the report and 
     recommendations under this section, the Secretary shall 
     consult with Indian tribes on a government-to-government 
     basis.

     SEC. 106. FEDERAL POWER MARKETING ADMINISTRATIONS.

       Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 
     et seq.) (as amended by section 101) is amended by adding at 
     the end the following:

     ``SEC. 2608. FEDERAL POWER MARKETING ADMINISTRATIONS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means--
       ``(A) the Administrator of the Bonneville Power 
     Administration; and
       ``(B) the Administrator of the Western Area Power 
     Administration.
       ``(2) Power marketing administration.--The term `power 
     marketing administration' means--
       ``(A) the Bonneville Power Administration;
       ``(B) the Western Area Power Administration; and
       ``(C) any other power administration the power allocation 
     of which is used by or for the benefit of an Indian tribe 
     located in the service area of the administration.
       ``(b) Encouragement of Indian Tribal Energy Development.--
     Each Administrator shall encourage Indian tribal energy 
     development by taking such actions as are appropriate, 
     including administration of programs of the Bonneville Power 
     Administration and the Western Area Power Administration, in 
     accordance with this section.
       ``(c) Action by the Administrator.--In carrying out this 
     section--
       ``(1) each Administrator shall consider the unique 
     relationship that exists between the Federal Government and 
     Indian tribes;
       ``(2) power allocations from the Western Area Power 
     Administration to Indian tribes may be used to firm Indian-
     owned renewable energy projects for delivery of loads located 
     on Indian land; and
       ``(3) the Administrator of the Western Area Power 
     Administration may purchase renewable or nonrenewable power 
     from Indian tribes to meet the firming requirements of the 
     Western Area Power Administration.
       ``(d) Assistance for Transmission System Use.--
       ``(1) In general.--An Administrator may provide technical 
     assistance to Indian tribes seeking to use the high-voltage 
     transmission system for delivery of electric power.
       ``(2) Costs.--The costs of technical assistance provided 
     under paragraph (1) shall be funded--
       ``(A) by the Administrator using nonreimbursable funds 
     appropriated for that purpose; or
       ``(B) by the applicable Indian tribes.
       ``(3) Priority for assistance for transmission studies.--In 
     providing discretionary

[[Page S2543]]

     assistance to Indian tribes under paragraph (1), each 
     Administrator shall give priority in funding to Indian tribes 
     that have limited financial capability to acquire that 
     assistance.
       ``(e) Power Allocation Study.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this section, the Secretary of Energy shall 
     submit to the Committee on Energy and Natural Resources and 
     the Committee on Indian Affairs of the Senate and the 
     Committee on Energy and Commerce and the Committee on 
     Resources of the House of Representatives a report that--
       ``(A) describes the use by Indian tribes of Federal power 
     allocations of the Western Area Power Administration (or 
     power sold by the Southwestern Power Administration) and the 
     Bonneville Power Administration to or for the benefit of 
     Indian tribes in service areas of those administrations; and
       ``(B) identifies--
       ``(i) the quantity of power allocated to Indian tribes by 
     the Western Area Power Administration;
       ``(ii) the quantity of power sold to Indian tribes by other 
     power marketing administrations; and
       ``(iii) barriers that impede tribal access to and use of 
     Federal power, including an assessment of opportunities--

       ``(I) to remove those barriers; and
       ``(II) improve the ability of power marketing 
     administrations to facilitate the use of Federal power by 
     Indian tribes.

       ``(2) Consultation.--In developing the report under 
     paragraph (1), each power marketing administration shall 
     consult with Indian tribes on a government-to-government 
     basis.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section $750,000 for each of fiscal years 2003 through 
     2013.''.

     SEC. 107. FEASIBILITY STUDY FOR COMBINED WIND AND HYDROPOWER 
                   DEMONSTRATION PROJECT.

       (a) Study.--The Secretary, in coordination with the 
     Secretary of the Army and the Secretary of the Interior, 
     shall conduct a study of the cost and feasibility of 
     developing a demonstration project that would use wind energy 
     generated by Indian tribes and hydropower generated by the 
     Army Corps of Engineers on the Missouri River to supply 
     firming power to the Western Area Power Administration.
       (b) Scope of Study.--The study shall--
       (1) determine the feasibility of the blending of wind 
     energy and hydropower generated from the Missouri River dams 
     operated by the Army Corps of Engineers;
       (2) review historical purchase requirements and projected 
     purchase requirements for firming and the patterns of 
     availability and use of firming energy;
       (3) assess the wind energy resource potential on tribal 
     land and projected cost savings through a blend of wind and 
     hydropower over a 30-year period;
       (4) include a preliminary interconnection study and a 
     determination of resource adequacy of the Upper Great Plains 
     Region of the Western Area Power Administration;
       (5) determine seasonal capacity needs and associated 
     transmission upgrades for integration of tribal wind 
     generation; and
       (6) include an independent tribal engineer as a study team 
     member.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and Secretary of the 
     Army shall submit to Congress a report that describes the 
     results of the study, including--
       (1) an analysis of the potential energy cost savings to the 
     customers of the Western Area Power Administration through 
     the blend of wind and hydropower;
       (2) an evaluation of whether a combined wind and hydropower 
     system can reduce reservoir fluctuation, enhance efficient 
     and reliable energy production, and provide Missouri River 
     management flexibility;
       (3) recommendations for a demonstration project that could 
     be carried out by the Western Area Power Administration in 
     partnership with an Indian tribal government or tribal 
     government energy consortium to demonstrate the feasibility 
     and potential of using wind energy produced on Indian land to 
     supply firming energy to the Western Area Power 
     Administration or any other Federal power marketing agency; 
     and
       (4) an identification of--
       (A) the economic and environmental benefits to be realized 
     through such a Federal-tribal partnership; and
       (B) the manner in which such a partnership could contribute 
     to the energy security of the United States.
       (d) Consultation.--In developing the report and 
     recommendations under this section, the Secretary and the 
     Secretary of the Army shall consult with applicable Indian 
     tribes on a government-to-government basis.
       (e) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000, to 
     remain available until expended.
       (2) Nonreimbursability of costs.--All costs incurred by the 
     Western Area Power Administration in carrying out this 
     section shall be nonreimbursable.

     SEC. 108. TRANSMISSION LINE DEMONSTRATION PROJECT.

       The Dine Power Authority, an enterprise of the Navajo 
     Nation, shall be eligible to receive grants and other 
     assistance under the demonstration program authorized by 
     section 2603 of the Energy Policy Act of 1992 (25 U.S.C. 
     3503) for activities associated with the development of a 
     transmission line from the Four Corners Area to southern 
     Nevada, including related power generation opportunities.

        TITLE II--RENEWABLE ENERGY AND RURAL CONSTRUCTION GRANTS

     SEC. 201. RENEWABLE ENERGY PRODUCTION INCENTIVE.

       (a) Incentive Payments.--Section 1212(a) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13317(a)) is amended in the 
     third and fourth sentences by striking ``payment and which 
     satisfies'' and all that follows through ``Secretary shall 
     establish.'' and inserting the following: ``payment. The 
     Secretary shall establish other procedures necessary for 
     efficient administration of the program. The Secretary shall 
     not establish any criteria or procedures that have the effect 
     of assigning to proposals a higher or lower priority for 
     eligibility or allocation of appropriated funds on the basis 
     of the energy source proposed.''.
       (b) Qualified Renewable Energy Facility.--Section 1212(b) 
     of the Energy Policy Act of 1992 (42 U.S.C. 13317(b)) is 
     amended--
       (1) by striking ``a State or any political'' and all that 
     follows through ``nonprofit electrical cooperative'' and 
     inserting the following: ``a nonprofit electrical 
     cooperative, a public utility, a State, territory, or 
     possession of the United States, the District of Columbia (or 
     a political subdivision of a State, territory, or possession 
     or the District of Columbia), or an Indian tribal government 
     (or subdivision of an Indian tribal government),''; and
       (2) by inserting ``landfill gas, incremental hydropower, 
     ocean'' after ``wind, biomass,''.
       (c) Eligibility Window.--Section 1212(c) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13317(c)) is amended by 
     striking ``during the 10-fiscal year period beginning with 
     the first full fiscal year occurring after the enactment of 
     this section'' and inserting ``before October 1, 2013''.
       (d) Payment Period.--Section 1212(d) of the Energy Policy 
     Act of 1992 (42 U.S.C. 13317(d)) is amended in the second 
     sentence by inserting ``or in which the Secretary determines 
     that all necessary Federal and State authorizations have been 
     obtained to begin construction of the facility'' after 
     ``eligible for such payments''.
       (e) Amount of Payment.--Section 1212(e)(1) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13317(e)(1)) is amended in the 
     first sentence by inserting ``landfill gas, incremental 
     hydropower, ocean'' after ``wind, biomass,''.
       (f) Termination of Authority.--Section 1212(f) of the 
     Energy Policy Act of 1992 (42 U.S.C. 13317(f)) is amended by 
     striking ``the expiration of'' and all that follows through 
     ``of this section'' and inserting ``September 30, 2023''.
       (g) Incremental Hydropower; Authorization of 
     Appropriations.--Section 1212 of the Energy Policy Act of 
     1992 (42 U.S.C. 13317) is amended by striking subsection (g) 
     and inserting the following:
       ``(g) Incremental Hydropower.--
       ``(1) Definition of incremental hydropower.--In this 
     subsection, the term `incremental hydropower' means 
     additional generating capacity achieved from increased 
     efficiency or an addition of new capacity at a hydroelectric 
     facility in existence on the date of enactment of this 
     paragraph.
       ``(2) Programs.--Subject to subsection (h)(2), if an 
     incremental hydropower program meets the requirements of this 
     section, as determined by the Secretary, the incremental 
     hydropower program shall be eligible to receive incentive 
     payments under this section.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--Subject to paragraph (2), there are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section for each of fiscal years 2003 through 
     2023.
       ``(2) Limitation on funds used for incremental hydropower 
     programs.--Not more than 30 percent of the amounts made 
     available under paragraph (1) shall be used to carry out 
     programs described in subsection (g)(2).
       ``(3) Availability of funds.--Funds made available under 
     paragraph (1) shall remain available until expended.''.

  TITLE III--ENERGY EFFICIENCY AND ASSISTANCE TO LOW-INCOME CONSUMERS

     SEC. 301. LOW-INCOME COMMUNITY ENERGY EFFICIENCY PILOT 
                   PROGRAM.

       (a) Definition of Indian Tribe.--
       (1) In general.--In this section, the term ``Indian tribe'' 
     means any Indian tribe, band, nation, or other organized 
     group or community that is recognized as being eligible for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.
       (2) Inclusions.--In this section, the term ``Indian tribe'' 
     includes an Alaskan Native village, Regional Corporation, and 
     Village Corporation (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.)).
       (b) Grants to Local Government, Nonprofit, and Tribal 
     Entities.--The Secretary may provide grants to units of local 
     government, private, nonprofit community development 
     organizations, and tribal economic development entities for 
     use in--
       (1) improving energy efficiency;
       (2) identifying and developing alternative renewable and 
     distributed energy supplies; and
       (3) increasing energy conservation in low-income rural and 
     urban communities.

[[Page S2544]]

       (c) Competitive Grants.--In addition to grants described in 
     subsection (b), the Secretary may provide grants on a 
     competitive basis for--
       (1) investments that develop alternative renewable and 
     distributed energy supplies;
       (2) energy efficiency projects and energy conservation 
     programs;
       (3) studies and other activities that improve energy 
     efficiency in low-income rural and urban communities;
       (4) planning and development assistance for increasing the 
     energy efficiency of buildings and facilities; and
       (5) technical and financial assistance to local government 
     and private entities on developing new renewable and 
     distributed sources of power or combined heat and power 
     generation.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $20,000,000 for 
     each of fiscal years 2003 through 2005.

     SEC. 302. RURAL AND REMOTE COMMUNITY ELECTRIFICATION GRANTS.

       Section 313 of the Rural Electrification Act of 1936 (7 
     U.S.C. 940c) is amended by adding at the end the following:
       ``(c) Rural and Remote Communities Electrification 
     Grants.--
       ``(1) Definitions.--In this subsection:
       ``(A) Eligible entity.--The term `eligible entity' means--
       ``(i) a unit of local government of a State or Territory;
       ``(ii) an Indian tribe; and
       ``(iii) a tribal college or university.
       ``(B) Indian tribe.--
       ``(i) In general.--The term `Indian tribe' means any Indian 
     tribe, band, nation, or other organized group or community 
     that is recognized as being eligible for the special programs 
     and services provided by the United States to Indians because 
     of their status as Indians.
       ``(ii) Inclusions.--The term ``Indian tribe'' includes a 
     Alaskan Native village, Regional Corporation, and Village 
     Corporation (as defined in or established under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.)).
       ``(C) Tribal college or university.--The term `tribal 
     college or university' has the meaning given the term in 
     section 316(b)(3) of the Higher Education Act (20 U.S.C. 
     1059c(b)(3))).
       ``(2) Grants.--The Secretary, in consultation with the 
     Secretary of Energy and the Secretary of the Interior, may 
     provide to an eligible entity 1 or more grants for the 
     purpose of--
       ``(A) increasing energy efficiency;
       ``(B) siting or upgrading transmission and distribution 
     lines; or
       ``(C) providing or modernizing electric facilities.
       ``(3) Grant criteria.--The Secretary shall provide grants 
     under this subsection based on a determination of the most 
     effective and cost-efficient use of the funds to achieve the 
     purposes of this subsection.
       ``(4) Priority.--In providing grants under this subsection, 
     the Secretary shall give priority to renewable energy 
     facilities.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $20,000,000 
     for each of the 7 fiscal years following the fiscal year in 
     which this subsection is enacted.''.

                                 ______
                                 
      By Mr. DASCHLE:
  S. 425. A bill to revise the boundary of the Wind Cage National Park 
in the State of South Dakota; to the Committee on Energy and Natural 
Resources.
  Mr. DASCHLE. Mr. President, today I am introducing the Wind Cave 
National Park Boundary Revision Act of 2003. The Senate unanimously 
approved this legislation late last fall, but it was not considered by 
the House of Representatives before Congress adjourned for the year. I 
hope that my colleagues will again support this effort and that we can 
see this bill signed into law.
  Wind Cave National Park, located in southwestern South Dakota, is one 
of the Park System's precious natural treasures and one of the Nation's 
first national parks. The cave itself, after which the park is named, 
is one of the world's oldest, longest and most complex cave systems, 
with more than 103 miles of mapped tunnels. The cave is well known for 
its exceptional display of boxwork, a rare, honeycomb-shaped formation 
that protrudes from the cave's ceilings and walls. While the cave is 
the focal point of the park, the land above the cave is equally 
impressive, with 28,000 acres of rolling meadows, majestic forests, 
creeks, and streams. As one of the few remaining mixed-grass prairie 
ecostytems in the country, the park is home to abundant wildlife, such 
as bison, deer, elk and birds, and is a National Game Preserve.
  The Wind Cave National Park Boundary Revision Act will help expand 
the park by approximately 20 percent in the southern ``keyhole'' 
region. This land is currently owned by a ranching family that wants to 
see it protected from development and preserved for future generations. 
The land is a natural extension of the park, and boasts the mixed-grass 
prairie and ponderosa pine forests found in the rest of the park, 
including a dramatic river canyon. The addition of this land will 
enhance recreation for hikers who come for the solitude of the park's 
back country. It will also protect archaeological sites, such as a 
buffalo jump, over which early native Americans once drove the bison 
they hunted, and improve fire management.
  This plan to expand the park has strong, but not universal, support 
in the surrounding community. The community's views were expressed 
during a recent 60-day public comment period on the proposal. Most 
South Dakotans recognize the value in expanding the park, not only to 
encourage additional tourism in the Black Hills, but to permanently 
protect these extraordinary lands for future generations of Americans 
to enjoy. Understandably, however, some are legitimately concerned 
about the potential loss of hunting opportunities and local tax 
revenue.
  Governor Janklow has expressed his conditional support for the park 
expansion, stating that there must be no reduction in the amount of 
lands with public access that can currently be hunted, that there must 
be no loss of tax revenue to the county from the expansion, and that 
chronic wasting disease issue must be dealt with effectively. These are 
reasonable conditions that should be met as this process moves forward.
  The legislation I am introducing today protects hunting opportunities 
for sportsmen by excluding 880 acres of School and Public Lands 
property from the expansion. In addition, Wind Cave National Park and 
the Trust for Public Lands are working with interested parties to find 
a way to offset the loss of local county tax revenues. Finally, I 
understand that the South Dakota Game, Fish, and Parks Department has 
reached an agreement with Wind Cave officials to expand research into 
chronic wasting disease, which will benefit wildlife populations 
nationwide. I am satisfied that the legitimate concerns about the 
potential expansion have been effectively addressed and today am moving 
forward to begin the legislative phase of this process.
  In conclusion, Wind Cave National Park has been a valued American 
treasure for nearly 100 years. We have an opportunity with this 
legislation to expand the park and enhance its value to the public so 
that visitors will enjoy it even more during the next 100 years. It is 
my hope that my colleagues will again support this expansion of the 
park and pass this legislation in the near future.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  Mr. INOUYE. Mr. President, I am pleased to join the distinguished 
former Chairman of the Committee on Energy and Natural Resources as an 
original co-sponsor of the Tribal Energy Self-Sufficiency Act.
  This measure reflects the work of the House and Senate conferees on 
the comprehensive energy legislation in the last session of the 
Congress--the tribal provisions of the bill were approved by the 
conferees and it is those provisions which comprise the measure we 
introduce today.
  We believe that the enactment of this measure will afford tribal 
governments the necessary authorizations and resources that they need 
to develop energy resources on their lands and thereby make a 
significant contribution to the Nation's energy needs.
  We encourage our colleagues to support this measure as they did in 
the last session of the Congress.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 425

       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 ``Wind Cave National Park 
     Boundary Revision Act of 2003''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map entitled ``Wind 
     Cave National Park Boundary Revision'', numbered 108/80,030, 
     and dated June 2002.
       (2) Park.--The term ``Park'' means the Wind Cave National 
     Park in the State.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

[[Page S2545]]

       (4) State.--The term ``State'' means the State of South 
     Dakota.

     SEC. 3. LAND ACQUISITION.

       (a) Authority.--
       (1) In general.--The Secretary may acquire the land or 
     interest in land described in subsection (b)(1) for addition 
     to the Park.
       (2) Means.--An acquisition of land under paragraph (1) may 
     be made by donation, purchase from a willing seller with 
     donated or appropriated funds, or exchange.
       (b) Boundary.--
       (1) Map and acreage.--The land referred to in subsection 
     (a)(1) shall consist of approximately 5,675 acres, as 
     generally depicted on the map.
       (2) Availability of map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (3) Revision.--The boundary of the Park shall be adjusted 
     to reflect the acquisition of land under subsection (a)(1).

     SEC. 4. ADMINISTRATION.

       (a) In General.--The Secretary shall administer any land 
     acquired under section 3(a)(1) as part of the Park in 
     accordance with laws (including regulations) applicable to 
     the Park.
       (b) Transfer of Administrative Jurisdiction.--
       (1) In general.--The Secretary shall transfer from the 
     Director of the Bureau of Land Management to the Director of 
     the National Park Service administrative jurisdiction over 
     the land described in paragraph (2).
       (2) Map and acreage.--The land referred to in paragraph (1) 
     consists of the approximately 80 acres of land identified on 
     the map as ``Bureau of Land Management land''.

     SEC. 5. GRAZING.

       (a) Grazing Permitted.--Subject to any permits or leases in 
     existence as of the date of acquisition, the Secretary may 
     permit the continuation of livestock grazing on land acquired 
     under section 3(a)(1).
       (b) Limitation.--Grazing under subsection (a) shall be at 
     not more than the level existing on the date on which the 
     land is acquired under section 3(a)(1).
       (c) Purchase of Permit or Lease.--The Secretary may 
     purchase the outstanding portion of a grazing permit or lease 
     on any land acquired under section 3(a)(1).
       (d) Termination of Leases or Permits.--The Secretary may 
     accept the voluntary termination of a permit or lease for 
     grazing on any acquired land.
                                 ______
                                 
      By Mr. DASCHLE:
  S. 426. A bill to direct the Secretary of the Interior to convey 
certain parcels of land acquired for the Blunt Reservoir and Pierre 
Canal features of the initial stage of the Oahe Unit, James Division, 
South Dakota, to the Commission of Schools and Public Lands and the 
Department of Game, Fish, and Parks of the Stat of South Dakota for the 
purpose of mitigating lost wildlife habitat, on the condition that the 
current preferential leaseholders shall have an option to purchase the 
parcels from the Commission, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mr. DASCHLE. Mr. President, today I am introducing the Blunt 
Reservoir and Pierre Canal Land Conveyance Act of 2003. This proposal 
is the culmination of more than 4 years of discussion with local 
landowners, the South Dakota Water Congress, the U.S. Bureau of 
Reclamation, local legislators, representatives of South Dakota 
sportsmen groups and affected citizens. It lays out a plan to convey 
certain parcels of land acquired for the Blunt Reservoir and Pierre 
Canal features of the Oahe Irrigation Project in South Dakota to the 
Commission of School and Public Lands of the State of South Dakota for 
the purpose of mitigating lost wildlife habitat, and provides the 
option to preferential leaseholders to purchase their original parcels 
from the Commission.
  The bill I'm introducing today is the result of consultations with 
the Energy and Natural Resources Committee when it considered the bill 
last July. The committee incorporated changes to the legislation that 
will ensure a smooth transition of land from federal to private 
ownership, increase county tax revenues, as well as provide the tools 
and future funding necessary to help the state of South Dakota improve 
wildlife habitat and public hunting opportunities. The Senate 
unanimously approved this legislation late last fall, but it was not 
considered by the House of Representatives before Congress adjourned 
for the year. I hope that my colleagues will once again support this 
effort, and that we can see this bill signed into law.
  To more fully understand the issues addressed by the legislation, it 
is necessary to review some of the history related to the Oahe Unit of 
the Missouri River Basin project in South Dakota.
  The Oahe Unit was originally approved part of the overall plan for 
water development in the Missouri River Basin that was incorporated in 
the Flood Control Act of 1944. Subsequently, Public Law 90-453 
authorized construction and operation of the initial stage of this 
unit. The purposes of the Oahe Unit, as authorized, were to provide for 
the immigration of 190,000 acres of farmland, conserve and enhance fish 
and wildlife habitat, promote recreation and meet other important 
goals.
  The project came to be known as the Oahe Irrigation Project. The 
principal features of the initial stage of the project included the 
Oahe pumping plant, located near Oahe Dam, to pump water from the Oahe 
Reservoir; a system of main canals, including the Pierre Canal, running 
east from the Oahe Reservoir; and, the establishment of regulating 
reservoirs, including the Blunt Dam and Reservoir, located 
approximately 35 miles east Pierre, SD.
  Under the authorizing legislation, 42,155 acres were to be acquired 
by the Federal Government in order to construct and operate the Blunt 
Reservoir feature of the Oahe Irrigation Project. Land acquisition for 
the proposed Blunt Reservoir feature began in 1972 and continued 
through 1977. A total of 17,878 acres usually were acquired from 
willing sellers.
  The first land for the Pierre Canal feature was purchased in July 
1975 and included the 1.3 miles of Reach 1B. An additional 21-mile 
reach was acquired from 1976 through 1977, also from willing sellers.
  Organized opposition to the Oahe Irrigation Project surfaced in 1973 
and continued to build until a series of public meetings were held in 
1977 to determine if the project should continue. In late 1977, the 
Oahe project was made a part of Presidents Carter's Federal Water 
Project review process.
  The Oahe project construction was then halted on September 30, 1977, 
when Congress did not include funding in the fiscal year 1978 
appropriations. Thus, all major construction contract activities 
ceased, and land acquisition was halted.
  The Oahe Project remained an authorized water project with a bleak 
future and minimal chances of being completed as authorized. 
Consequently, the Department of Interior, through the Bureau of 
Reclamation, gave those persons who willingly had sold their lands to 
the project, and their descendants, the right to lease those lands and 
use them as they had in the past until they were needed by the Federal 
Government for project purposes.

  During the period from 1978 until the present, the Bureau of 
Reclamation has administered these lands on a preferential lease basis 
for those original landowners or their descendants, and on a non-
preferential basis for lands under lease to persons who were not 
preferential leaseholders. Currently, the Bureau of Reclamation 
administers 12,978 acres as preferential leases and 4,304 acres as non-
preferential leases in the Blunt Reservoir.
  As I noted previously, the Oahe Irrigation Project is related 
directly to the overall project purposes of the Pick-Sloan Missouri 
Basin program authorized under the Flood Control Act of 1944. Under 
this program, the U.S. Army Corps of Engineers constructed four major 
dams across the Missouri River in South Dakota. The two largest 
reservoirs formed by these dams, Oahe Reservoir and Sharpe Reservoir, 
cause the loss of approximately 221,000 acres of fertile, wooded 
bottomland that constituted some of the most productive, unique and 
irreplaceable wildlife habitat in the State of South Dakota. This 
included habitat for both game and non-game species, including several 
species now listed as threatened or endangered. Meriwether Lewis, while 
traveling up the Missouri River in 1804 on his famous expedition, wrote 
in his diary, ``Song birds, game species and furbearing animals abound 
here in numbers like none of the party has ever seen. The bottomlands 
and cottonwood trees provide a shelter and food for a great variety of 
species, all laying their claim to the river bottom.''
  Under the provisions of the Wildlife Coordination Act of 1958, the 
State of South Dakota has developed a plan to mitigate a part of this 
lost wildlife habitat as authorized by Section 602 of Title VI of 
Public Law 105-277, October 21, 1998, known as the Cheyenne River Sioux 
Tribe, Lower Brule Sioux Tribe,

[[Page S2546]]

and State of South Dakota Terrestrial Wildlife Habitat Restoration Act. 
The State's habitat mitigation plan has received the necessary approval 
and interim funding authorizations under Sections 602 and 609 of Title 
VI.
  The State's habitat mitigation plan requires the development of 
approximately 27,000 acres of wildlife habitat in South Dakota. 
Transferring the 4,304 acres of non-preferential lease lands in the 
Blunt Reservoir feature to the South Dakota Department of Game, Fish 
and Parks would constitute a significant step toward satisfying the 
habitat mitigation obligation owed to the state by the Federal 
Government and as agreed upon by the U.S. Army Corps of Engineers, the 
U.S. Fish and Wildlife Service, and the South Dakota Department of 
Game, Fish and Parks.
  As we developed this legislation, many meetings occurred among the 
local landowners, South Dakota Department of Game, Fish and Parks, 
business owners, local legislators, the Bureau of Reclamation, as well 
as representatives of sportsmen groups. It became apparent that the 
best solution for the local economy, tax base and wildlife mitigation 
issues would be to allow former Blunt Reservoir and Pierre Canal 
landowners to repurchase their former lands, on which they currently 
hold preferential leases, from the Bureau of Reclamation, BOR. The bill 
also will transfer non-preferentially-leased lands and unleased lands 
to the South Dakota Department of Game, Fish, and Parks, GFP, as part 
of its broader plan to restore wildlife habitat that was lost due to 
the construction of the Missouri River dams. Under the provisions 
agreed to by the Senate Energy and Natural Resources Committee last 
summer, the South Dakota Commission of School and Public Lands would be 
responsible for working out the terms for selling the preferentially-
leased lands to the former landowners.
  The bill will not only rightfully return property to South Dakotans, 
but also ensure the viability of the local land and tax bases. The 
legislation authorizes the creation of a trust fund that would be used 
to create a trust fund to pay the local taxes on those lands 
transferred to State. The trust fund would be through future 
appropriations by Congress.
  The State of South Dakota, the Federal Government, the original 
landowners, the sportsmen and wildlife will benefit from this bill. It 
provides for a fair and just resolution to the private property and 
environmental problems caused by the Oahe Irrigation Project some 25 
years ago. We have waited long enough to right some of the wrongs 
suffered by our landowners and South Dakota's wildlife resources.
  Again, I am hopeful the Senate will act quickly on this legislation. 
Our goal is to enact a bill that will allow meaningful wildlife habitat 
mitigation to begin, give certainty to local landowners who sacrificed 
their lands for a defunct federal project they once supported, ensure 
the viability of the local land base and tax base, and provide well 
maintained and managed recreation areas for sportsmen.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 426

       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 ``Blunt Reservoir and Pierre 
     Canal Land Conveyance Act of 2003''.

     SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.

       (a) Definitions.--In this section:
       (1) Blunt reservoir feature.--The term ``Blunt Reservoir 
     feature'' means the Blunt Reservoir feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (2) Commission.--The term ``Commission'' means the 
     Commission of Schools and Public Lands of the State.
       (3) Nonpreferential lease parcel.--The term 
     ``nonpreferential lease parcel'' means a parcel of land 
     that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a nonpreferential lease parcel by 
     the Secretary as of January 1, 2001, and is reflected as such 
     on the roster of leases of the Bureau of Reclamation for 
     2001.
       (4) Pierre canal feature.--The term ``Pierre Canal 
     feature'' means the Pierre Canal feature of the Oahe Unit, 
     James Division, authorized by the Act of August 3, 1968 (82 
     Stat. 624), as part of the Pick-Sloan Missouri River Basin 
     program.
       (5) Preferential leaseholder.--The term ``preferential 
     leaseholder'' means a person or descendant of a person that 
     held a lease on a preferential lease parcel as of January 1, 
     2001, and is reflected as such on the roster of leases of the 
     Bureau of Reclamation for 2001.
       (6) Preferential lease parcel.--The term ``preferential 
     lease parcel'' means a parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) was considered to be a preferential lease parcel by the 
     Secretary as of January 1, 2001, and is reflected as such on 
     the roster of leases of the Bureau of Reclamation for 2001.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation.
       (8) State.--The term ``State'' means the State of South 
     Dakota, including a successor in interest of the State.
       (9) Unleased parcel.--The term ``unleased parcel'' means a 
     parcel of land that--
       (A) was purchased by the Secretary for use in connection 
     with the Blunt Reservoir feature or the Pierre Canal feature; 
     and
       (B) is not under lease as of the date of enactment of this 
     Act.
       (b) Deauthorization.--The Blunt Reservoir feature is 
     deauthorized.
       (c) Acceptance of Land and Obligations.--
       (1) In general.--As a condition of each conveyance under 
     subsections (d)(5) and (e), respectively, the State shall 
     agree to accept--
       (A) in ``as is'' condition, the portions of the Blunt 
     Reservoir Feature and the Pierre Canal Feature that pass into 
     State ownership;
       (B) any liability accruing after the date of conveyance as 
     a result of the ownership, operation, or maintenance of the 
     features referred to in subparagraph (A), including liability 
     associated with certain outstanding obligations associated 
     with expired easements, or any other right granted in, on, 
     over, or across either feature; and
       (C) the responsibility that the Commission will act as the 
     agent for the Secretary in administering the purchase option 
     extended to preferential leaseholders under subsection (d).
       (2) Responsibilities of the state.--An outstanding 
     obligation described in paragraph (1)(B) shall inure to the 
     benefit of, and be binding upon, the State.
       (3) Oil, gas, mineral and other outstanding rights.--A 
     conveyance to the State under subsection (d)(5) or (e) or a 
     sale to a preferential leaseholder under subsection (d) shall 
     be made subject to--
       (A) oil, gas, and other mineral rights reserved of record, 
     as of the date of enactment of this Act, by or in favor of a 
     third party; and
       (B) any permit, license, lease, right-of-use, or right-of-
     way of record in, on, over, or across a feature referred to 
     in paragraph (1)(A) that is outstanding as to a third party 
     as of the date of enactment of this Act.
       (4) Additional conditions of conveyance to state.--A 
     conveyance to the State under subsection (d)(5) or (e) shall 
     be subject to the reservations by the United States and the 
     conditions specified in section 1 of the Act of May 19, 1948 
     (chapter 310; 62 Stat. 240), as amended (16 U.S.C. 667b), for 
     the transfer of property to State agencies for wildlife 
     conservation purposes.
       (d) Purchase Option.--
       (1) In General.--A preferential leaseholder shall have an 
     option to purchase from the Commission, acting as an agent 
     for the Secretary, the preferential lease parcel that is the 
     subject of the lease.
       (2) Terms.--
       (A) In general.--Except as provided in subparagraph (B), a 
     preferential leaseholder may elect to purchase a parcel on 
     one of the following terms:
       (i) Cash purchase for the amount that is equal to--

       (I) the value of the parcel determined under paragraph (4); 
     minus
       (II) ten percent of that value.

       (ii) Installment purchase, with 10 percent of the value of 
     the parcel determined under paragraph (4) to be paid on the 
     date of purchase and the remainder to be paid over not more 
     than 30 years at 3 percent annual interest.
       (B) Value under $10,000.--If the value of the parcel is 
     under $10,000, the purchase shall be made on a cash basis in 
     accordance with subparagraph (A)(i).
       (3) Option exercise period.--
       (A) In general.--A preferential leaseholder shall have 
     until the date that is 5 years after enactment of this Act to 
     exercise the option under paragraph (1).
       (B) Continuation of leases.--Until the date specified in 
     subparagraph (A), a preferential leaseholder shall be 
     entitled to continue to lease from the Secretary the parcel 
     leased by the preferential leaseholder under the same terms 
     and conditions as under the lease, as in effect as of the 
     date of enactment of this Act.
       (4) Valuation.--
       (A) In general.--The value of a preferential lease parcel 
     shall be its fair market value for agricultural purposes 
     determined by an independent appraisal, exclusive of the

[[Page S2547]]

     value of private improvements made by the leaseholders while 
     the land was federally owned before the date of the enactment 
     of this Act, in conformance with the Uniform Appraisal 
     Standards for Federal Land Acquisition.
       (B) Fair market value.--Any dispute over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (5) Conveyance to the state.--
       (A) In general.--If a preferential leaseholder fails to 
     purchase a parcel within the period specified in paragraph 
     (3)(A), the Secretary shall convey the parcel to the State of 
     South Dakota Department of Game, Fish, and Parks.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (6) Use of proceeds.--Proceeds of sales of land under this 
     Act shall be deposited as miscellaneous funds in the Treasury 
     and such funds shall be made available, subject to 
     appropriations, to the State for the establishment of a trust 
     fund to pay the county taxes on the lands received by the 
     State Department of Game, Fish, and Parks under the bill.
       (e) Conveyance of Nonpreferential Lease Parcels and 
     Unleased Parcels.--
       (1) Conveyance by secretary to state.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall convey to the 
     South Dakota Department of Game, Fish, and Parks the 
     nonpreferential lease parcels and unleased parcels of the 
     Blunt Reservoir and Pierre Canal.
       (B) Wildlife habitat mitigation.--Land conveyed under 
     subparagraph (A) shall be used by the South Dakota Department 
     of Game, Fish, and Parks for the purpose of mitigating the 
     wildlife habitat that was lost as a result of the development 
     of the Pick-Sloan project.
       (2) Land exchanges for nonpreferential lease parcels and 
     unleased parcels.--
       (A) In general.--With the concurrence of the South Dakota 
     Department of Game, Fish, and Parks, the South Dakota 
     Commission of Schools and Public Lands may allow a person to 
     exchange land that the person owns elsewhere in the State for 
     a nonpreferential lease parcel or unleased parcel at Blunt 
     Reservoir or Pierre Canal, as the case may be.
       (B) Priority.--The right to exchange nonpreferential lease 
     parcels or unleased parcels shall be granted in the following 
     order or priority:
       (i) Exchanges with current lessees for nonpreferential 
     lease parcels.
       (ii) Exchanges with adjoining and adjacent landowners for 
     unleased parcels and nonpreferential lease parcels not 
     exchanged by current lessees.
       (C) Easement for water conveyance structure.--As a 
     condition of the exchange of land of the Pierre Canal Feature 
     under this paragraph, the United States reserves a perpetual 
     easement to the land to allow for the right to design, 
     construct, operate, maintain, repair, and replace a pipeline 
     or other water conveyance structure over, under, across, or 
     through the Pierre Canal feature.
       (f) Release from Liability.--
       (1) In general.--Effective on the date of conveyance of any 
     parcel under this Act, the United States shall not be held 
     liable by any court for damages of any kind arising out of 
     any act, omission, or occurrence relating to the parcel, 
     except for damages for acts of negligence committed by the 
     United States or by an employee, agent, or contractor of the 
     United States, before the date of conveyance.
       (2) No additional liability.--Nothing in this section adds 
     to any liability that the United States may have under 
     chapter 171 of title 28, United States Code (commonly known 
     as the ``Federal Tort Claims Act'').
       (g) Requirements Concerning Conveyance of Lease Parcels.--
       (1) Interim requirements.--During the period beginning on 
     the date of enactment of this Act and ending on the date of 
     conveyance of the parcel, the Secretary shall continue to 
     lease each preferential lease parcel or nonpreferential lease 
     parcel to be conveyed under this section under the terms and 
     conditions applicable to the parcel on the date of enactment 
     of this Act.
       (2) Provision of parcel descriptions.--Not later than 180 
     days after the date of enactment of this Act, the Secretary 
     shall provide the State a full legal description of all 
     preferential lease parcels and nonpreferential lease parcels 
     that may be conveyed under this section.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this Act $750,000 to 
     reimburse the Secretary for expenses incurred in implementing 
     this Act, and such sums as are necessary to reimburse the 
     Commission for expenses incurred implementing this Act, not 
     to exceed 10 percent of the cost of each transaction 
     conducted under this Act.

                          ____________________