[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 4251-4263]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3085. Mr. CRAPO (for himself and Mr. Miller) submitted an 
amendment intended to be proposed to amendment SA 2989 proposed by Mrs. 
Feinstein (for herself, Ms. Cantwell, Mr. Wyden, Mrs. Boxer, Mr. Leahy, 
Mr. Durbin, Mr. Fitzgerald, and Mr. Corzine) to the amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Strike the text of amendment no. 2989 and in lieu thereof 
     at the end of the bill, add the following:

[[Page 4252]]



     ``SEC.  . AMENDMENTS TO COMMODITY EXCHANGE ACT.

       ``(a) Study Required.--The Chairman of the Federal Reserve 
     Board, the Chairman of the Commodity Futures Trading 
     Commission, and the Chairman of the Securities and Exchange 
     Commission, within 45 days of the date of enactment of this 
     Act, shall conduct a study and report to the Congress 
     recommendations, if any, for legislative changes in the 
     regulation under the Commodity Exchange Act of those 
     commodities described in section 1a(14) of such Act (7 U.S.C. 
     1a).'' The report shall be transmitted to the Chairman and 
     Ranking Minority Members of the Senate Committee on Banking, 
     Housing and Urban Affairs and the Senate Committee on 
     Agriculture Nutrition and Forestry.
                                  ____

  SA 3086. Mrs. LINCOLN (for herself and Mr. Hutchinson) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle B of title V, add the following:

     SEC. 5  . DECOMMISSIONING PILOT PROGRAM.

       (a) Authorization.--The Secretary shall establish a 
     decommissioning pilot program to decommission and 
     decontaminate the sodium-cooled fast breeder experimental 
     test-site reactor located in northwest Arkansas in accordance 
     with the decommissioning report dated August 31, 1998, issued 
     by the Department of Energy.
       (b) Funding.--Of funds made available to the Department of 
     Energy for fiscal year 2003, $16,000,000 shall be made 
     available to carry out the decommissioning pilot program 
     under subsection (a)
                                  ____

  SA 3087. Mr. DORGAN (for himself, and Mr. Murkowski) proposed an 
amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal year 2002 through 2006, and for other purposes; 
as follows:

       On page 11, strike lines 9 through 14, and insert the 
     following:
       ``(1) identifying the area with the greatest energy 
     resource potential, and assessing future supply availability 
     and demand requirements.
       ``(2) planning, coordinating, and siting additional energy 
     infrastructure, including generating facilities, electric 
     transmission facilities, pipelines, refineries, and 
     distributed generation facilities to maximize the efficiency 
     of energy resources and infrastructure and meet regional 
     needs with the minimum adverse impacts on the environment.''.
                                  ____

  SA 3088. Mr. BINGAMAN (for Mr. Conrad) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 64, on line 7, strike ``resource'' and insert 
     ``resource, together with an identification of any barriers 
     to providing adequate transmission for remote sources of 
     renewable energy resources to current and emerging markets, 
     recommendations for removing or addressing such barriers, and 
     ways to provide access to the grid that do not unfairly 
     disadvantage renewable or other energy producers.''
                                  ____

  SA 3089. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning with line 5 on page 564, strike through line 4 on 
     page 568.
                                  ____

  SA 3090. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 80, line 21 strike ``and'' and all that follows 
     through page 81, line 2, and insert:
       ``(h) National Academy of Sciences Study.--Within 90 days 
     after the enactment of this Act, the Secretary of the 
     Interior shall contract with the National Academy of Sciences 
     to study the potential for the development of wind, solar, 
     and ocean energy on the Outer Continental Shelf, assess 
     existing federal authorities for the development of such 
     resources; and recommend statutory and regulatory mechamisms 
     for such development. The results of the study shall be 
     transmitted to Congress within 24 months after the enactment 
     of this Act.''
                                  ____

  SA 3091. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman), to the bill (S. 517) to authorize funding the Department of 
Energy to enhance is mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 185, between lines 8 and 9, insert the following:

     SEC. 816A. CLEANER SCHOOL BUSES.

       (a) Anti-Idling.--
       (1) Definition of idling.--In this subsection, the term 
     ``idling'' means not turning off an engine while remaining 
     stationary for more than approximately 3 minutes.
       (2) Policy.--Each local educational agency (as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801)) that receives Federal funds under the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.) is encouraged to develop a policy to reduce the 
     incidence of school buses idling at schools when picking up 
     and unloading students.
       (b) Purchasing Cooperatives and Ultra-Low Sulfur Diesel 
     Fuel.--The Secretary of Education, in collaboration with the 
     Secretary of Transportation, the Secretary of Energy, and the 
     Administrator of the Environmental Protection Agency, shall 
     provide information and model examples to States on 
     purchasing cooperatives for--
       (1) new school buses; and
       (2) ultra-low sulfur diesel fuel for all diesel school 
     buses.
       (c) Local Educational Agency Grant Program for Cleaner 
     School Buses.--
       (1) Establishment.--From amounts appropriated under 
     paragraph (10), the Secretary of Energy, in collaboration 
     with the Secretary of Transportation, the Secretary of 
     Education, and the Administrator of the Environmental 
     Protection Agency, shall establish a program (referred to in 
     this subsection as the ``program'') to award grants to local 
     educational agencies to reduce emissions from diesel school 
     buses by retrofitting existing diesel school buses with the 
     most appropriate control technology that has been recognized 
     by the Environmental Protection Agency or the California Air 
     Resources Board (referred to in this section as the ``most 
     appropriate control technology'') to ensure the highest 
     possible reduction in harmful emissions and the greatest 
     benefits to human health and the environment.
       (2) Consortia.--A local educational agency may work in 
     collaboration with other local educational agencies to 
     establish a consortia to apply for a grant under this 
     subsection.
       (3) Application.--
       (A) Submission.--A local educational agency, or consortia 
     of such agencies, that desires to receive a grant under this 
     subsection shall submit an application to the Secretary of 
     Energy at such time, in such manner, and containing such 
     information as the Secretary of Energy, in collaboration with 
     the Secretary of Education, the Secretary of Transportation, 
     and the Administrator of the Environmental Protection Agency, 
     may require.
       (B) Contents.--An application submitted under subparagraph 
     (A) shall include a grant proposal with--
       (i) information on the population the applicant intends to 
     target as beneficiaries of retrofitting existing diesel 
     school buses with the most appropriate control technology;
       (ii) the age of the existing diesel school bus fleet in the 
     geographical area in which the local educational agency, or 
     consortia of such agencies, operates;
       (iii) information on the type of technology that will be 
     used and the expected cost of retrofitting existing diesel 
     school buses with the most appropriate control technology;
       (iv) documentation that the applicant will use ultra-low 
     sulfur diesel fuel if the applicant intends to retrofit 
     existing diesel school buses with pollution control devices 
     that are sensitive to sulfur; and
       (v) information on the plans for continuing activities 
     under this section after completion of the grant period.
       (4) Awarding of grants.--The Secretary of Energy, in 
     collaboration with the Secretary of Education, the Secretary 
     of Transportation, and the Administrator of the Environmental 
     Protection Agency, shall consider the following factors when 
     awarding a grant under this subsection:
       (A) Ambient air quality in the geographical area in which 
     the local educational

[[Page 4253]]

     agency, or consortia of such agencies, operates.
       (B) Age of the existing diesel school bus fleet in the 
     geographical area in which the local educational agency, or 
     consortia of such agencies, operates.
       (C) Population density in the geographical area in which 
     the local educational agency, or consortia of such agencies, 
     operates.
       (D) Approximate amount of time children spend on existing 
     diesel school buses in the geographical area in which the 
     local educational agency, or consortia of such agencies, 
     operates.
       (5) Use of funds.--Each local educational agency, or 
     consortia of such agencies, awarded a grant under this 
     subsection may use the grant funds for--
       (A) purchasing the most appropriate control technology for 
     existing diesel school buses, through a purchasing 
     cooperative or other mechanism;
       (B) the costs to buy and the labor costs to install and 
     maintain the most appropriate control technology on existing 
     diesel school buses; and
       (C) if the local educational agency, or consortia of such 
     agencies, intends to retrofit existing diesel school buses 
     with pollution control devices that are sensitive to sulfur, 
     costs incurred in the purchase of ultra-low sulfur diesel 
     fuel that are above the costs that would be incurred in the 
     purchase of non-ultra-low sulfur diesel fuel.
       (6) Conditions for grants.--Each local educational agency, 
     or consortia of such agencies, awarded a grant under this 
     subsection shall demonstrate, in a manner that the Secretary 
     of Energy (in collaboration with the Secretary of Education, 
     the Secretary of Transportation, and the Administrator of the 
     Environmental Protection Agency) shall specify, that the 
     local educational agency, or consortia of such agencies, has 
     retrofitted a sufficient number of existing diesel school 
     buses with the most appropriate control technology in a given 
     geographic area such that significant data can be gathered to 
     monitor and assess improvements in air quality.
       (7) State or local environmental departments.--A local 
     educational agency, or consortia of such agencies, may 
     receive assistance from State or local environmental 
     departments--
       (A) when applying for a grant under this subsection; and
       (B) in carrying out activities authorized under this 
     subsection if awarded a grant under this subsection.
       (8) Evaluation.--
       (A) Contract.--The Administrator of the Environmental 
     Protection Agency, in collaboration with the Secretary of 
     Energy, the Secretary of Transportation, and the Secretary of 
     Education, shall enter into a contract with an appropriate 
     independent research entity to conduct an evaluation of the 
     program throughout the program period that includes the 
     testing of individual school buses.
       (B) Analysis.--The evaluation under subparagraph (A) shall 
     include an analysis of any improvements in air quality as a 
     result of the program.
       (9) Study.--
       (A) In general.--From amounts appropriated under paragraph 
     (10), the Administrator of the Environmental Protection 
     Agency, in collaboration with the Secretary of Education, the 
     Secretary of Energy, and the Secretary of Transportation, 
     shall--
       (i) enter into a contract with an appropriate independent 
     research entity to conduct a study to explore the health, 
     environmental, and economic costs and benefits of a national 
     program to retrofit existing diesel school buses with the 
     most appropriate control technology; and
       (ii) submit a report to Congress on the study conducted 
     under clause (i) not later than 1 year after the date of 
     enactment of this section.
       (10) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     carry out this subsection--
       (i) $80,000,000 for fiscal year 2003;
       (ii) $70,000,000 for fiscal year 2004;
       (iii) $60,000,000 for fiscal year 2005; and
       (iv) $50,000,000 for fiscal year 2006.
       (B) Amounts to remain available.--Amounts appropriated 
     under this subsection shall remain available until expended.
                                  ____

  SA 3092. Mr. KENNEDY (for himself and Mr. Smith of Oregon) submitted 
an amendment intended to be proposed to amendment SA 2917 proposed by 
Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table, as follows:

       At the end of title XXV, add the following:

     SEC. __. BROADBAND INTERNET ACCESS TAX CREDIT.

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

     ``SEC. 48B. BROADBAND 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

[[Page 4254]]

     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.
       ``(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.
       ``(C) Leased equipment.--Such term shall include so much of 
     the purchase price paid by the lessor of equipment subject to 
     a lease described in subsection (c)(2)(B) as is attributable 
     to expenditures incurred by the lessee that otherwise would 
     be described in subparagraph (A).
       ``(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

[[Page 4255]]

     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.
       ``(f) Designation of Census Tracts.--The Secretary shall, 
     not later than 90 days after the date of the enactment of 
     this section, designate and publish those census tracts 
     meeting the criteria described in paragraphs (17), (20), and 
     (24) of subsection (e). In making such designations, the 
     Secretary shall consult with such other departments and 
     agencies as the Secretary determines appropriate.''.
       (b) Credit To Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit), as amended by 
     this Act, is amended by striking ``and'' at the end of 
     paragraph (3), by striking the period at the end of paragraph 
     (4) and inserting ``, and'', and by adding at the end the 
     following:
       ``(5) the broadband 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:
       ``(v) from the sale of property subject to a lease 
     described in section 48B(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 48B 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, as amended 
     by this Act, is amended by inserting after the item relating 
     to section 48A the following:

``Sec. 48B. Broadband credit.''.
       (e) 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 48B 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 credit under section 48B 
     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 
     48B of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified expenditures satisfies the requirements of 
     section 48B 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 48B 
     of such Code.
     Until the Secretary prescribes such regulations, taxpayers 
     may base such determinations on any reasonable method that is 
     consistent with the purposes of section 48B of such Code.
       (f) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2002, 
     and before January 1, 2004.
                                  ____

  SA 3093. Mr. SCHUMER (for himself and Mrs. Clinton) proposed an 
amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       At the end of title VI, add the following:

     SEC. 6. PROHIBITION OF OIL AND GAS DRILLING IN THE FINGER 
                   LAKES NATIONAL FOREST, NEW YORK.

       No Federal permit or lease shall be issued for oil or gas 
     drilling in the Finger Lakes National Forest, New York.
                                  ____

  SA 3094. Mr. DURBIN (for himself and Mr. Smith of Oregon) proposed an 
amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 523, between lines 16 and 17, insert the following:

     SEC. 1704. CONSUMER ENERGY COMMISSION.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the ``Consumer Energy Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be comprised of 11 
     members.
       (2) Appointments in the senate and the house.--The majority 
     leader and the minority leader of the Senate and the Speaker 
     and minority leader of the House of Representatives shall 
     each appoint 2 members--
       (A) 1 of whom shall represent consumer groups focusing on 
     energy issues; and
       (B) 1 of whom shall represent the energy industry.
       (3) Appointments by the president.--The President shall 
     appoint 3 members.
       (A) 1 of whom shall represent consumer groups focusing on 
     energy issues;
       (B) 1 of whom shall represent the energy industry; and
       (C) 1 of whom shall represent the Department of Energy.
       (4) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 30 days after the 
     date of enactment of this Act.
       (c) Term.--A member shall be appointed for the life of the 
     Commission.
       (d) Initial Meeting.--Not later than 20 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.
       (f) Administrative Expenses.--The Department of Energy will 
     pay expenses as necessary to carry out this section, with the 
     expenses not to exceed $400,000.
       (g) Duties.--
       (1) Study.--
       (A) In general.--The Commission shall conduct a nationwide 
     study of significant price spikes since 1990 in major United 
     States consumer energy products, including electricity, 
     gasoline, home heating oil, natural gas and propane.
       (B) Matters to be studied.--The study shall focus on the 
     causes of large fluctuations and sharp spikes in prices, 
     including insufficient inventories, supply disruptions, 
     refinery capacity limits, insufficient infrastructure, 
     regulatory failures, demand growth, reliance on imported 
     supplies, insufficient availability of alternative energy 
     sources, abuse of market power, market concentration and any 
     other relevant market failures.
       (2) Report.--Not later than 180 days after the date of the 
     first meeting of the Commission, the Commission shall submit 
     to Congress a report that contains--
       (A) a detailed statement of the findings and conclusions of 
     the Commission; and
       (B) recommendations for legislation, administrative 
     actions, and voluntary actions by industry and consumers to 
     protect consumers (including individuals, families, and 
     businesses) from future price spikes in consumer energy 
     products.
       (3) Consultation.--In conducting the study and preparing 
     the report under this section, the Commission shall consult 
     with the Federal Trade Commission, the Federal Energy 
     Regulatory Commission, the Department of Energy and other 
     Federal agencies as appropriate.
       (h) Sunset.--The Commission shall terminate within 30 days 
     after the submission of the report to Congress.
                                  ____

  SA 3095. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes, which was ordered to lie on the 
table, as follows:

       In section 2310, insert the following:
       (b) Extension for Certain Fuel Produced at Existing 
     Facilities.--Paragraph (2) of section 29(f) (relating to 
     application of section) is amended by inserting ``(January 1, 
     2008, in the case of qualified fuel described in subsection 
     (c)(1)(C))'' after ``January 1, 2003''.
                                  ____

  SA 3096. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and

[[Page 4256]]

Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table, as follows:

       At the end of title XXIII insert the following:

     SEC. __. CLARIFICATION OF CREDIT FOR PRODUCING FUEL FROM A 
                   NONCONVENTIONAL SOURCE.

       (a) Definitions Related to Coal.--Subsection (c) of section 
     29 (relating to definition of qualified fuels) is amended by 
     adding at the end the following new paragraph:
       ``(4) Definitions related to coal.--
       ``(A) Solid synthetic fuels produced from coal.--The term 
     `solid synthetic fuels produced from coal' includes a solid 
     synthetic fuel produced from coal and coal waste sludge.
       ``(B) Coal waste sludge.--The term `coal waste sludge' 
     means the tar decanter sludge and related byproducts of the 
     coking process that are treated as hazardous wastes under 
     applicable Federal environmental rules, absent processing 
     with coal into a solid synthetic fuel.''.
       (b) Facility Definition.--Subsection (g) of section 29 
     (related to extension for certain facilities) is amended by 
     adding at the end the following new paragraph:
       ``(3) Facility.--For purposes of paragraph (1), the term 
     `facility' includes a plant that processes coal and coal 
     waste sludge into a solid synthetic fuel for use as a 
     feedstock for the manufacture of coke, except to the extent 
     that a credit would otherwise be allowed under this section 
     for the production of the coke.''.
       (c) Effective Dates.--
       (1) The amendment made by subsection (a) shall apply as if 
     included in section 231 of the Crude Oil Windfall Profits Tax 
     Act of 1980.
       (2) The amendment made by subsection (b) shall apply as if 
     included in section 1918 of the Energy Policy Act of 1992.
                                  ____

  SA 3097. Mr. DAYTON (for himself Mr. Wellstone and Mr. Feingold) 
proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for 
himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the 
Department of Energy to enhance its mission areas through technology 
transfer and partnerships for fiscal years 2002 through 2006, and for 
other purposes; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. ADDITIONAL ELECTRIC UTILITY MERGER PROVISIONS.

       Section 203(a) of the Federal Power Act (16 U.S.C. 824b(a)) 
     (as amended by section 202) is amended by striking paragraph 
     (4) and inserting the following:
       ``(4) Approval.--
       ``(A) In general.--After notice and opportunity for 
     hearing, if the Commission finds that the proposed 
     transaction will advance the public interest, the Commission 
     shall approve the transaction.
       ``(B) Minimum required findings.--In making the finding 
     under subparagraph (A) with respect to a proposed 
     transaction, the Commission shall, at a minimum, find that 
     the proposed transaction will--
       ``(i)(I) enhance competition in wholesale electricity 
     markets; and
       ``(II) if a State commission requests the Commission to 
     consider the effect of the proposed transaction on 
     competition in retail electricity markets, enhance 
     competition in retail electricity markets;
       ``(ii) produce significant gains in operational and 
     economic efficiency; and
       ``(iii) result in a corporate and capital structure that 
     facilitates effective regulatory oversight.''.
                                  ____

  SA 3098. Mr. BINGAMAN (for Mr. Kennedy) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 80, line 20 and 21, strike ``development; and'' and 
     all that follows through page 81, line 2, and insert the 
     following:

     ``development.
       ``(h) National Academy of Sciences Study.--Within 90 days 
     after the enactment of this Act, the Secretary of the 
     Interior shall contract with the National Academy of Sciences 
     to study the potential for the development of wind, solar, 
     and ocean energy on the Outer Continental Shelf; assess 
     existing federal authorities for the development of such 
     resources; and recommend statutory and regulatory mechanisms 
     for such development. The results of the study shall be 
     transmitted to Congress within 24 months after the enactment 
     of this Act.''
                                  ____

  SA 3099. Mr. BINGAMAN (for Mr. Kerry (for himself and Ms. Landrieu) 
proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for 
himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the 
Department of Energy to enhance its mission areas through technology 
transfer and partnerships for fiscal years 2002 through 2006, and for 
other purposes; as follows:

       On page 292, line 18, insert after the word ``label'' the 
     following: ``, including special outreach to small 
     businesses;''.
                                  ____

  SA 3100. Mr. BINGAMAN (for Mr. Wellstone) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 252, strike section 904 and insert the following:

     SEC. 904. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT 
                   PROGRAM.

       (a) Grants.--The Secretary of Energy is authorized to make 
     grants to units of local government, private, non-profit 
     community development organizations, and Indian tribe 
     economic development entities to improve energy efficiency, 
     identify and develop alternative renewable and distributed 
     energy supplies, and increase energy conservation in low 
     income rural and urban communities.
       (b) Purpose of Grants.--The Secretary may make 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.
       (c) Definition.--For purposes of this section, the term 
     ``Indian tribe'' means any Indian tribe, band, nation, or 
     other organized group or community, including any Alaskan 
     Native Village or regional or village corporation as defined 
     in or established pursuant to the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.), which is recognized 
     as eligible for the special programs and services provided by 
     the United States to Indians because of their status as 
     Indians.
       (d) Authorization of Appropriations.--For the purposes of 
     this section there are authorized to be appropriated to the 
     Secretary of Energy an amount not to exceed $20 million for 
     fiscal year 2003 and each fiscal year thereafter through 
     fiscal year 2005.
                                  ____

  SA 3101. Mr. BINGAMAN (for Mr. Conrad) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 408, line 20, strike ``2006.'' and insert the 
     following: ``2006, of which $100,000,000 may be allocated to 
     meet the goals of subsection (b)(1).''.
                                  ____

  SA 3102. Mr. BINGAMAN proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

       On page 258, line 1, strike Sec. 912 in its entirety and 
     insert the following:

     SEC. 912. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is further amended by adding at the end the 
     following:
       ``(e) Metering of Energy Use.--
       ``(1) Deadline.--By October 1, 2004, all Federal buildings 
     shall, for the purposes of efficient use of energy and 
     reduction in the cost of electricity used in such buildings, 
     be metered or submetered in accordance with guidelines 
     established by the Secretary under paragraph (2). Each agency 
     shall use, to the maximum extent practicable, advanced meters 
     or advanced metering devices that provide data at least daily 
     and that measure at least hourly consumption of electricity 
     in the Federal buildings of the agency. Such data shall be 
     incorporated into existing federal energy tracking systems 
     and made available to federal facility energy managers.
       ``(2) Guidelines.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary, in 
     consultation with

[[Page 4257]]

     the Department of Defense, the General Service Administration 
     and representatives from the metering industry, utility 
     industry, energy services industry, energy efficiency 
     industry, national laboratories, universities and federal 
     facility energy managers, shall establish guidelines for 
     agencies to carry out paragraph (1).
       ``(B) Requirements for guidelines.--The guidelines shall--
       ``(i) take into consideration--
       ``(I) the cost of metering and submetering and the reduced 
     cost of operation and maintenance expected to result from 
     metering and submetering:
       ``(II) the extent to which metering and submetering are 
     expected to result in increased potential for energy 
     management, increased potential for energy savings and energy 
     efficiency improvement, and cost and energy savings due to 
     utility contract aggregation; and
       ``(III) the measurement and verification protocols of the 
     Department of Energy;
       ``(ii) include recommendations concerning the amount of 
     funds and the number of trained personnel necessary to gather 
     and use the metering information to track and reduce energy 
     use;
       ``(iii) establish 1 or more dates, not later than 1 year 
     after the date of issuance of the guidelines, on which the 
     requirements specified in paragraph (1) shall take effect; 
     and
       ``(iv) establish exclusions from the requirements specified 
     in paragraph (1) based on the de minimus quantity of energy 
     use of a Federal building, industrial process, or structure.
       ``(3) Plan.--No later than 6 months after the date 
     guidelines are established under paragraph (2), in a report 
     submitted by the agency under section 548(a), each agency 
     shall submit to the Secretary a plan describing how the 
     agency will implement the requirements of paragraph (1), 
     including (a) how the agency will designate personnel 
     primarily responsible for achieving the requirements and (b) 
     demonstration by the agency, complete with documentation, of 
     any finding that advanced meters or advanced metering 
     devices, as defined in paragraph (1), are not practicable.''.
                                  ____

  SA 3103. Mr. KENNEDY (for himself and Mr. Smith of Oregon) submitted 
an amendment intended to be proposed to amendment SA 2917 proposed by 
Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title XXV, add the following:

     SEC. __. BROADBAND INTERNET ACCESS TAX CREDIT.

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

     ``SEC. 48B. BROADBAND 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 (or 
     its equivalent when the data rate is measured before being 
     compressed for transmission) to the subscriber and at least 
     5,000,000 bits per second (or such equivalent) 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.
       ``(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.

[[Page 4258]]

       ``(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.
       ``(C) Leased equipment.--Such term shall include so much of 
     the purchase price paid by the lessor of equipment subject to 
     a lease described in subsection (c)(2)(B) as is attributable 
     to expenditures incurred by the lessee that otherwise would 
     be described in subparagraph (A).
       ``(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.
       ``(f) Designation of Census Tracts.--The Secretary shall, 
     not later than 90 days after the date of the enactment of 
     this section, designate and publish those census tracts 
     meeting the criteria described in paragraphs (17), (20), and 
     (24) of subsection (e). In making such designations, the 
     Secretary shall consult with such other departments and 
     agencies as the Secretary determines appropriate.''.
       (b) Credit To Be Part of Investment Credit.--Section 46 
     (relating to the amount of investment credit), as amended by 
     this Act, is amended by striking ``and'' at the end of 
     paragraph (3), by striking the period at the end of paragraph 
     (4) and inserting ``, and'', and by adding at the end the 
     following:
       ``(5) the broadband 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:
       ``(v) from the sale of property subject to a lease 
     described in section 48B(c)(2)(B), but

[[Page 4259]]

     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 48B 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, as amended 
     by this Act, is amended by inserting after the item relating 
     to section 48A the following:

``Sec. 48B. Broadband credit.''.
       (e) 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 48B 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 credit under section 48B 
     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 
     48B of such Code, including--
       (A) regulations to determine how and when a taxpayer that 
     incurs qualified expenditures satisfies the requirements of 
     section 48B 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 48B 
     of such Code.
     Until the Secretary prescribes such regulations, taxpayers 
     may base such determinations on any reasonable method that is 
     consistent with the purposes of section 48B of such Code.
       (f) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred after December 31, 2002, 
     and before January 1, 2004.
                                  ____

  SA 3104. Mr. DODD (for himself and Mr. McConnell) proposed an 
amendment to the bill S. 565, to establish the Commission on Voting 
Rights and Procedures to study and make recommendations regarding 
election technology, voting, and election administration, to establish 
a grant program under which the Office of Justice Programs and the 
Civil Rights Division of the Department of Justice shall provide 
assistance to States and localities in improving election technology 
and the administration of Federal elections, to require States to meet 
uniform and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 15, between lines 2 and 3, insert the following:
       (b) Voters Who Vote After the Polls Close.--Any individual 
     who votes in an election for Federal office for any reason, 
     including a Federal or State court order, after the time set 
     for closing the polls by a State law in effect 10 days before 
     the date of that election may only vote in that election by 
     casting a provisional ballot under subsection (a).
       On page 18, strike lines 17 through 19, and insert the 
     following:
       (B)(i) the individual has not previously voted in an 
     election for Federal office in the State; or
       (ii) the individual has not previously voted in such an 
     election in the jurisdiction and the jurisdiction is located 
     in a State that does not have a computerized list that 
     complies with the requirements of section 103(a).
       On page 21, strike lines 19 through 23, and insert the 
     following:
       (2) Requirement for voters who register by mail.--
       (A) In general.--Each State and locality shall be required 
     to comply with the requirements of subsection (b) on and 
     after January 1, 2004, and shall be prepared to receive 
     registration materials submitted by individuals described in 
     subparagraph (B) on and after the date described in such 
     subparagraph.
       (B) Applicability with respect to individuals.--The 
     provisions of section (b) shall apply to any individual who 
     registers to vote on or after January 1, 2003.
       On page 22, strike line 17, and insert the following:

     brought under this Act against such State or locality on the 
     basis
       On page 22, after line 25, insert the following:

     SEC. __. MINIMUM STANDARDS.

       The requirements established by this title are minimum 
     requirements and nothing in this title shall be construed to 
     prevent a State from establishing election technology and 
     administration requirements, that are more strict than the 
     requirements established under this title, so long as such 
     State requirements are not inconsistent with the Federal 
     requirements under this title or any law described in section 
     402.
       On page 25, strike line 20, and insert the following:

     existing Federal laws, as such laws relate to the provisions 
     of this Act, including the following:
       On page 27, strike line 11, and insert the following:
       (c) Safe Harbor.--No action may be brought under this Act.
       On page 33, strike line 12, and insert the following:

     the following laws, as such laws relate to the provisions of 
     this Act:
       On page 34, strike line 23, and insert the following:
       (d) Safe Harbor.--No action may be brought under this Act.
       On page 44, strike line 1, and insert the following:
       (d) Safe Harbor.--No action may be brought under this Act.
       On page 53, between lines 15 and 16, insert the following:
       (1) Study of first time voters who register by mail.--
       (A) Study.--
       (i) In general.--The Commission shall conduct a study of 
     the impact of section 103(b) on voters who register by mail.
       (ii) Specific issues studied.--The study conducted under 
     clause (i) shall include--

       (I) an examination of the impact of section 103(b) on first 
     time mail registrant voters who vote in person, including the 
     impact of such section on voter registration;
       (II) an examination of the impact of such section on the 
     accuracy of voter rolls, including preventing ineligible 
     names from being placed on voter rolls and ensuring that all 
     eligible names are placed on voter rolls; and
       (III) an analysis of the impact of such section on existing 
     State practices, such as the use of signature verification or 
     attestation procedures to verify the identity of voters in 
     elections for Federal office, and an analysis of other 
     changes that may be made to improve the voter registration 
     process, such as verification or additional information on 
     the registration card.

       (B) Report.--Not later than 18 months after the date on 
     which section 103(b)(2)(A) takes effect, the Commission shall 
     submit a report to the President and Congress on the study 
     conducted under subparagraph (A)(i) together with such 
     recommendations for administrative and legislative action as 
     the Commission determines is appropriate.
       On page 68, strike lines 19 and 20, and insert the 
     following:
       (a) In General.--Except as specifically provided in section 
     103(b) of this Act with regard to the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.), nothing 
     in this Act may be construed to authorize
                                  ____

  SA 3105. Mr. DODD (for Mr. Wyden) proposed an amendment to the bill 
S. 565, to establish the Commission on Voting Rights and Procedures to 
study and make recommendations regarding election technology, voting, 
and election administration, to establish a grant program under which 
the Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       On page 19, strike lines 20 through 24, and insert the 
     following:
       (B) Fail-safe voting.--
       (i) In person.--An individual who desires to vote in 
     person, but who does not meet the requirements of 
     subparagraph (A)(i), may cast a provisional ballot under 
     section 102(a).
       (ii) By mail.--An individual who desires to vote by mail 
     but who does not meet the requirements of subparagraph 
     (A)(ii) may cast such a ballot by mail and the ballot shall 
     be counted as a provisional ballot in accordance with section 
     102(a).
       On page 20, between lines 12 through 13, insert the 
     following:
       (B)(i) who registers to vote by mail under section 6 of the 
     National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4) 
     and submits with such registration either--
       (I) a driver's license number; or
       (II) at least the last 4 digits of the individual's social 
     security number; and
       (ii) with respect to whom a State or local election 
     official certifies that the information submitted under 
     clause (i) matches an existing State identification record 
     bearing the same number, name and date of birth as provided 
     in such registration; or
                                  ____

  SA 3106. Mr. DODD (for Mr. Rockefeller) proposed an amendment to the 
bill S. 565, to establish the Commission

[[Page 4260]]

on Voting Rights and Procedures to study and make recommendations 
regarding election technology, voting, and election administration, to 
establish a grant program under which the Office of Justice Programs 
and the Civil Rights Division of the Department of Justice shall 
provide assistance to States and localities in improving election 
technology and the administration of Federal elections, to require 
States to meet uniform and nondiscriminatory election technology and 
administration requirements for the 2004 Federal elections, and for 
other purposes; as follows:

       On page 68, between lines 2 and 3, insert the following:

     SEC. __. STUDY AND REPORT ON PERMANENT REGISTRATION OF 
                   OVERSEAS VOTERS; DISTRIBUTION OF OVERSEAS 
                   VOTING INFORMATION BY A SINGLE STATE OFFICE; 
                   STUDY AND REPORT ON EXPANSION OF SINGLE STATE 
                   OFFICE DUTIES.

       (a) Study and Report on Permanent Registration of Overseas 
     Voters.--
       (1) Study.--The Election Administration Commission 
     established under section 301 (in this subsection referred to 
     as the ``Commission''), shall conduct a study on the 
     feasibility and advisability of providing for permanent 
     registration of overseas voters under section 104 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-3), as amended by section 1606(b) of the 
     National Defense Authorization Act for Fiscal Year 2002 
     (Public Law 107-107; 115 Stat. 1279) and this title.
       (2) Report.--The Commission shall submit a report to 
     Congress on the study conducted under paragraph (1) together 
     with such recommendations for legislative and administrative 
     action as the Commission determines appropriate.
       (b) Distribution of Overseas Voting Information by a Single 
     State Office.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by section 1606(a)(1) of the National Defense Authorization 
     Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1278) 
     and the preceding provisions of this title, is amended by 
     adding at the end the following new subsection:
       ``(c) Designation of Single State Office To Provide 
     Information on Registration and Absentee Ballot Procedures 
     for All Voters in the State.--Each State shall designate a 
     single office which shall be responsible for providing 
     information regarding voter registration procedures and 
     absentee ballot procedures to be used by absent uniformed 
     services voters and overseas voters with respect to elections 
     for Federal office (including procedures relating to the use 
     of the Federal write-in absentee ballot) to all absent 
     uniformed services voters and overseas voters who wish to 
     register to vote or vote in any jurisdiction in the State.''.
       (c) Study and Report on Expansion of Single State Office 
     Duties.--
       (1) Study.--The Election Administration Commission 
     established under section 301 (in this subsection referred to 
     as the ``Commission''), shall conduct a study on the 
     feasibility and advisability of making the State office 
     designated under section 102(c) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (as added by subsection (b)) 
     responsible for the acceptance of valid voter registration 
     applications, absentee ballot applications, and absentee 
     ballots (including Federal write-in absentee ballots) from 
     each absent uniformed services voter or overseas voter who 
     wishes to register to vote or vote in any jurisdiction in the 
     State.
       (2) Report.--The Commission shall submit a report to 
     Congress on the study conducted under paragraph (1) together 
     with such recommendations for legislative and administrative 
     action as the Commission determines appropriate.

     SEC. __. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED 
                   AFTER GENERAL ELECTIONS.

       (a) In General.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1), as amended 
     by the preceding provisions of this title, is amended by 
     adding at the end the following new subsection:
       ``(d) Report on Number of Absentee Ballots Transmitted and 
     Received.--Not later than 120 days after the date of each 
     regularly scheduled general election for Federal office, each 
     State and unit of local government that administered the 
     election shall (through the State, in the case of a unit of 
     local government) submit a report to the Election 
     Administration Commission (established under the Martin 
     Luther King, Jr. Equal Protection of Voting Rights Act of 
     2002) on the number of absentee ballots transmitted to absent 
     uniformed services voters and overseas voters for the 
     election and the number of such ballots that were returned by 
     such voters and cast in the election, and shall make such 
     report available to the general public.''.
       (b) Development of Standardized Format for Reports.--The 
     Election Administration Commission shall develop a 
     standardized format for the reports submitted by States and 
     units of local government under section 102(d) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (as added 
     by subsection (a)), and shall make the format available to 
     the States and units of local government submitting such 
     reports.

     SEC. __. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF 
                   OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1), as amended by the preceding 
     provisions of this title, is amended by adding at the end the 
     following new subsection:
       ``(e) Registration Notification.--With respect to each 
     absent uniformed services voter and each overseas voter who 
     submits a voter registration application or an absentee 
     ballot request, if the State rejects the application or 
     request, the State shall provide the voter with the reasons 
     for the rejection.''.

     SEC. __. STUDY AND REPORT ON THE DEVELOPMENT OF A STANDARD 
                   OATH FOR USE WITH OVERSEAS VOTING MATERIALS.

       (a) Study.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission''), shall conduct a study on the feasibility 
     and advisability of--
       (1) prescribing a standard oath for use with any document 
     under the Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq) affirming that a material 
     misstatement of fact in the completion of such a document may 
     constitute grounds for a conviction for perjury; and
       (2) if the State requires an oath or affirmation to 
     accompany any document under such Act, to require the State 
     to use the standard oath described in paragraph (1).
       (b) Report.--The Commission shall submit a report to 
     Congress on the study conducted under subsection (a) together 
     with such recommendations for legislative and administrative 
     action as the Commission determines appropriate.

     SEC. __. STUDY AND REPORT ON PROHIBITING NOTARIZATION 
                   REQUIREMENTS.

       (a) Study.--The Election Administration Commission 
     established under section 301 (in this section referred to as 
     the ``Commission''), shall conduct a study on the feasibility 
     and advisability of prohibiting a State from refusing to 
     accept any voter registration application, absentee ballot 
     request, or absentee ballot submitted by an absent uniformed 
     services voter or overseas voter on the grounds that the 
     document involved is not notarized.
       (b) Report.--The Commission shall submit a report to 
     Congress on the study conducted under subsection (a) together 
     with such recommendations for legislative and administrative 
     action as the Commission determines appropriate.
                                  ____

  SA 3107. Mr. McCONNELL (for Mr. Hatch) proposed an amendment to the 
bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes.

       On page 68, strike lines 3 and 4, and insert the following:

 Subtitle C--Advisory Committee on Electronic Voting and the Electoral 
                                Process

     SEC. 321. ESTABLISHMENT OF COMMITTEE.

       (a) Establishment.--There is established the Advisory 
     Committee on Electronic Voting and the Electoral Process (in 
     this subtitle referred to as the ``Committee'').
       (b) Membership.--
       (1) Composition.--The Committee shall be composed of 16 
     members as follows:
       (A) Federal representatives.--Four representatives of the 
     Federal Government, comprised of the Attorney General, the 
     Secretary of Defense, the Director of the Federal Bureau of 
     Investigation, and the Chairman of the Federal Election 
     Commission, or an individual designated by the respective 
     representative.
       (B) Internet representatives.--Four representatives of the 
     Internet and information technology industries (at least 2 of 
     whom shall represent a company that is engaged in the 
     provision of electronic voting services on the date on which 
     the representative is appointed, and at least 2 of whom shall 
     possess special expertise in Internet or communications 
     systems security).
       (C) State and local representatives.--Four representatives 
     from State and local governments (2 of whom shall be from 
     States that have made preliminary inquiries into the use of 
     the Internet in the electoral process).
       (D) Private sector representatives.--Four representatives 
     not affiliated with the Government (2 of whom shall have 
     expertise

[[Page 4261]]

     in election law, and 2 of whom shall have expertise in 
     political speech).
       (2) Appointments.--Appointments to the Committee shall be 
     made not later than the date that is 30 days after the date 
     of enactment of this Act and such appointments shall be made 
     in the following manner:
       (A) Senate majority leader.--Two individuals shall be 
     appointed by the Majority Leader of the Senate, of whom 1 
     shall be an individual described in paragraph (1)(B) and 1 
     shall be an individual described in paragraph (1)(C).
       (B) Senate minority leader.--Two individuals shall be 
     appointed by the Minority Leader of the Senate, of whom 1 
     shall be an individual described in paragraph (1)(B) and 1 
     shall be an individual described in paragraph (1)(C).
       (C) Speaker of the house.--Two individuals shall be 
     appointed by the Speaker of the House of Representatives, of 
     whom 1 shall be an individual described in paragraph (1)(B) 
     and 1 shall be an individual described in paragraph (1)(C).
       (D) House minority leader.--Two individuals shall be 
     appointed by the Minority Leader of the House of 
     Representatives, of whom 1 shall be an individual described 
     in paragraph (1)(B) and 1 shall be an individual described in 
     paragraph (1)(C).
       (E) Senate majority and house minority jointly.--Two 
     individuals described in paragraph (1)(D) shall be appointed 
     jointly by the Majority Leader of the Senate and the Minority 
     Leader of the House of Representatives.
       (F) House majority and senate minority jointly.--Two 
     individuals described in paragraph (1)(D) shall be appointed 
     jointly by the Speaker of the House of Representatives and 
     the Minority Leader of the Senate.
       (3) Date.--The appointments of the members of the Committee 
     shall be made not later than the date that is 30 days after 
     the date of enactment of this Act.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Committee. Any vacancy in the 
     Committee shall not affect its powers, but shall be filled in 
     the same manner as the original appointment.
       (d) Initial Meeting.--Not later than 30 days after the date 
     on which all of the members of the Committee have been 
     appointed, the Committee shall hold its first meeting.
       (e) Meetings.--
       (1) In general.--The Committee shall meet at the call of 
     the Chairperson or upon the written request of a majority of 
     the members of the Committee.
       (2) Notice.--Not later than the date that is 14 days before 
     the date of each meeting of the Committee, the Chairperson 
     shall cause notice thereof to be published in the Federal 
     Register.
       (3) Open meetings.--Each Committee meeting shall be open to 
     the public.
       (f) Quorum.--Eight members of the Committee shall 
     constitute a quorum, but a lesser number of members may hold 
     hearings.
       (g) Chairperson.--The Committee shall select a Chairperson 
     from among its members by a majority vote of the members of 
     the Committee.
       (h) Additional Rules.--The Committee may adopt such other 
     rules as the Committee determines to be appropriate by a 
     majority vote of the members of the Committee.

     SEC. 322. DUTIES OF THE COMMITTEE.

       (a) Study.--
       (1) In general.--The Committee shall conduct a thorough 
     study of issues and challenges, specifically to include the 
     potential for election fraud, presented by incorporating 
     communications and Internet technologies in the Federal, 
     State, and local electoral process.
       (2) Issues to be studied.--The Committee may include in the 
     study conducted under paragraph (1) an examination of--
       (A) the appropriate security measures required and minimum 
     standards for certification of systems or technologies in 
     order to minimize the potential for fraud in voting or in the 
     registration of qualified citizens to register and vote;
       (B) the possible methods, such as Internet or other 
     communications technologies, that may be utilized in the 
     electoral process, including the use of those technologies to 
     register voters and enable citizens to vote online, and 
     recommendations concerning statutes and rules to be adopted 
     in order to implement an online or Internet system in the 
     electoral process;
       (C) the impact that new communications or Internet 
     technology systems for use in the electoral process could 
     have on voter participation rates, voter education, public 
     accessibility, potential external influences during the 
     elections process, voter privacy and anonymity, and other 
     issues related to the conduct and administration of 
     elections;
       (D) whether other aspects of the electoral process, such as 
     public availability of candidate information and citizen 
     communication with candidates, could benefit from the 
     increased use of online or Internet technologies;
       (E) the requirements for authorization of collection, 
     storage, and processing of electronically generated and 
     transmitted digital messages to permit any eligible person to 
     register to vote or vote in an election, including applying 
     for and casting an absentee ballot;
       (F) the implementation cost of an online or Internet voting 
     or voter registration system and the costs of elections after 
     implementation (including a comparison of total cost savings 
     for the administration of the electoral process by using 
     Internet technologies or systems);
       (G) identification of current and foreseeable online and 
     Internet technologies for use in the registration of voters, 
     for voting, or for the purpose of reducing election fraud, 
     currently available or in use by election authorities;
       (H) the means by which to ensure and achieve equity of 
     access to online or Internet voting or voter registration 
     systems and address the fairness of such systems to all 
     citizens; and
       (I) the impact of technology on the speed, timeliness, and 
     accuracy of vote counts in Federal, State, and local 
     elections.
       (b) Report.--
       (1) Transmission.--Not later than 20 months after the date 
     of enactment of this Act, the Committee shall transmit to 
     Congress and the Election Administration Commission 
     established under section 301, for the consideration of such 
     bodies, a report reflecting the results of the study required 
     by subsection (a), including such legislative recommendations 
     or model State laws as are required to address the findings 
     of the Committee.
       (2) Approval of report.--Any finding or recommendation 
     included in the report shall be agreed to by at least \2/3\ 
     of the members of the Committee serving at the time the 
     finding or recommendation is made.
       (3) Internet posting.--The Election Administration 
     Commission shall post the report transmitted under paragraph 
     (1) on the Internet website established under section 
     303(a)(5).

     SEC. 323. POWERS OF THE COMMITTEE.

       (a) Hearings.--
       (1) In general.--The Committee may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out this subtitle.
       (2) Opportunities to testify.--The Committee shall provide 
     opportunities for representatives of the general public, 
     State and local government officials, and other groups to 
     testify at hearings.
       (b) Information From Federal Agencies.--The Committee may 
     secure directly from any Federal department or agency such 
     information as the Committee considers necessary to carry out 
     this subtitle. Upon request of the Chairperson of the 
     Committee, the head of such department or agency shall 
     furnish such information to the Committee.
       (c) Postal Services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (d) Gifts.--
       (1) In general.--The Committee may accept, use, and dispose 
     of gifts or donations of services or property.
       (2) Unused gifts.--Gifts or grants not used at the 
     expiration of the Committee shall be returned to the donor or 
     grantor.

     SEC. 324. COMMITTEE PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Committee 
     shall serve without compensation.
       (b) Travel Expenses.--The members of the Committee shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Committee.
       (c) Staff.--
       (1) In general.--The Chairperson of the Committee may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Committee to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Committee.
       (2) Compensation.--The Chairperson of the Committee may fix 
     the compensation of the executive director and other 
     personnel without regard to chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Committee who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of committee.--Subparagraph (A) shall not be 
     construed to apply to members of the Committee.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Committee without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.

[[Page 4262]]

       (e) Procurement of Temporary and Intermittent Services.--
     The Chairperson of the Committee may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.

     SEC. 325. TERMINATION OF THE COMMITTEE.

       The Committee shall terminate 90 days after the date on 
     which the Committee transmits its report under section 
     322(b)(1).

     SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this subtitle not less than $2,000,000 from the 
     funds appropriated under section 307.
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this subtitle shall remain 
     available, without fiscal year limitation, until expended.

              TITLE IV--CRIMINAL PENALTIES; MISCELLANEOUS

     SEC. 401. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL 
                   FRAUD STATUTES AND PENALTIES.

       (a) Review.--The Attorney General shall conduct a review of 
     existing criminal statutes concerning election offenses to 
     determine--
       (1) whether additional statutory offenses are needed to 
     secure the use of the Internet for election purposes; and
       (2) whether existing penalties provide adequate punishment 
     and deterrence with respect to such offenses.
       (b) Report.--The Attorney General shall submit a report to 
     the Judiciary Committees of the Senate and the House of 
     Representatives, the Senate Committee on Rules and 
     Administration, and the House Committee on Administration on 
     the review conducted under subsection (a) together with such 
     recommendations for legislative and administrative action as 
     the Attorney General determines appropriate.

     SEC. 402. OTHER CRIMINAL PENALTIES.
                                  ____


  SA 3108. Mrs. CLINTON proposed an amendment to the bill S. 565, to 
establish the Commission on Voting Rights and Procedures to study and 
make recommendations regarding election technology, voting, and 
election administration, to establish a grant program under which the 
Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       Beginning on page 8, line 19, strike through page 9, line 
     3, and insert the following:
       (5) Error rates.--
       (A) In general.--The error rate of the voting system in 
     counting ballots (determined by taking into account only 
     those errors which are attributable to the voting system and 
     not attributable to an act of the voter) shall not exceed the 
     error rate standards established under the voting systems 
     standards issued and maintained by the Director of the Office 
     of Election Administration of the Federal Election Commission 
     (as revised by the Director of such Office under subsection 
     (c)).
       (B) Residual ballot performance benchmark.--In addition to 
     the error rate standards described in subparagraph (A), the 
     Director of the Office of Election Administration of the 
     Federal Election Commission shall issue and maintain a 
     uniform benchmark for the residual ballot error rate that 
     jurisdictions may not exceed. For purposes of the preceding 
     sentence, the residual vote error rate shall be equal to the 
     combination of overvotes, spoiled or uncountable votes, and 
     undervotes cast in the contest at the top of the ballot, but 
     excluding an estimate, based upon the best available 
     research, of intentional undervotes. The Director shall base 
     the benchmark issued and maintained under this subparagraph 
     on evidence of good practice in representative jurisdictions.
       (C) Historically high intentional undervotes.--
       (i) The Senate finds that there are certain distinct 
     communities in certain geographic areas that have 
     historically high rates of intentional undervoting in 
     elections for Federal office, relative to the rest of the 
     Nation.
       (ii) In establishing the benchmark described in 
     subparagraph (B), the Director of the Office of Election 
     Administration of the Federal Election Commission shall--

       (I) study and report to Congress on the occurrences of 
     distinct communities that have significantly higher than 
     average rates of historical intentional undervoting; and
       (II) promulgate for local jurisdictions in which that 
     distinct community has a substantial presence either a 
     separate benchmark or an exclusion from the national 
     benchmark, as appropriate.
                                  ____


  SA 3109. Mr. McCONNELL (for Mr. Nickles) proposed an amendment to the 
bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 18 between lines 7 and 8, insert:
       (4) Technological security of computerized list.--The 
     appropriate State or local official shall provide adequate 
     technological security measures to prevent the unauthorized 
     access to the computerized list established under this 
     section.
                                  ____

  SA 3110. Mr. DODD (for Mr. Levin) proposed an amendment to the bill 
S. 565, to establish the Commission on Voting Rights and Procedures to 
study and make recommendations regarding election technology, voting, 
and election administration, to establish a grant program under which 
the Office of Justice Programs and the Civil Rights Division of the 
Department of Justice shall provide assistance to States and localities 
in improving election technology and the administration of Federal 
elections, to require States to meet uniform and nondiscriminatory 
election technology and administration requirements for the 2004 
Federal elections, and for other purposes; as follows:

       On page 12, strike lines 9 through 19, and insert the 
     following:
       (3) An election official at the polling place shall 
     transmit the ballot cast by the individual or voter 
     information contained in the written affirmation executed by 
     the individual under paragraph (2) to an appropriate State or 
     local election official for prompt verification under 
     paragraph (4).
       (4) If the appropriate State or local election official to 
     whom the ballot or voter information is transmitted under 
     paragraph (3) determines that the individual is eligible 
     under State law to vote in the jurisdiction, the individual's 
     provisional ballot shall be counted as a vote in that 
     election.
                                  ____

  SA 3111. Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       On page 18, between lines 7 and 8, insert the following:
       (4) Interaction with federal information.--
       (A) Access to federal information.--
       (i) In general.--Notwithstanding any other provision of 
     law, the Commissioner of Social Security shall provide, upon 
     request from a State or locality maintaining a computerized 
     centralized list implemented under paragraph (1), only such 
     information as is necessary to determine the eligibility of 
     an individual to vote in such State or locality under the law 
     of the State. Any State or locality that receives information 
     under this clause may only share such information with 
     election officials.
       (ii) Procedure.--The information under clause (i) shall be 
     provided in such place and such manner as the Commissioner 
     determines appropriate to protect and prevent the misuse of 
     information.
       (B) Applicable information.--For purposes of this 
     subsection, the term ``applicable information'' means 
     information regarding whether--
       (i) the name and social security number of an individual 
     provided to the Commissioner match the information contained 
     in the Commissioner's records; and
       (ii) such individual is shown on the records of the 
     Commissioner as being deceased.
       (C) Exception.--Subparagraph (A) shall not apply to any 
     request for a record of an individual if the Commissioner 
     determines there are exceptional circumstances warranting an 
     exception (such as safety of the individual or interference 
     with an investigation).

[[Page 4263]]

     
                                  ____
  SA 3122. Mr. McCONNELL (for Mr. Smith of New Hampshire) proposed an 
amendment to the bill S. 565, to establish the Commission on Voting 
Rights and Procedures to study and make recommendations regarding 
election technology, voting, and election administration, to establish 
a grant programs under which the Office of Justice Programs and the 
Civil Rights Division of the Department of Justice shall provide 
assistance to States and localities in improving election technology 
and the administration of Federal elections, to require States to meet 
uniform and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       At the appropriate place, add the following:

     SEC.   . BROADCASTING FALSE ELECTION INFORMATION.

       In carrying out its duty under section 303(a)(1)(G), the 
     Commission, within 6 months after its establishment shall 
     provide a detailed report to the Congress on issues regarding 
     the broadcasting or transmitting by cable of federal election 
     results including broadcasting practices that may result in 
     the broadcast of false information concerning the location or 
     time of operation of a polling place.
                                  ____

  SA 3113. Mr. McCONNELL (for Mr. Thomas) proposed an amendment to the 
bill S. 565, to establish the Commission on Voting Rights and 
Procedures to study and make recommendations regarding election 
technology, voting, and election administration, to establish a grant 
program under which the Office of Justice Programs and the Civil Rights 
Division of the Department of Justice shall provide assistance to 
States and localities in improving election technology and the 
administration of Federal elections, to require States to meet uniform 
and nondiscriminatory election technology and administration 
requirements for the 2004 Federal elections, and for other purposes; as 
follows:

       At the end, add the following:

     SEC.   . SENSE OF THE SENATE REGARDING CHANGES MADE TO THE 
                   ELECTORAL PROCESS AND HOW SUCH CHANGES IMPACT 
                   STATES.

       It is the sense of the Senate that--
       (1) the provisions of this Act, shall not prohibit States 
     to use curbside voting as a last resort to satisfy the voter 
     accessibility requirements under section 101(a)(3);
       (2) the provisions of this Act permit States--
       (A) to use Federal funds to purchase new voting machines; 
     and
       (B) to elect to retrofit existing voting machines in lieu 
     of purchasing new machines to meet the voting machine 
     accessibility requirements under section 101(a)(3);
       (3) nothing in this Act requires States to replace existing 
     voting machines;
       (4) nothing under section 101(a) of this Act specifically 
     requires States to install wheelchair ramps or pave parking 
     lots at each polling location for the accessibility needs of 
     individuals with disabilities; and
       (5) the Election Administration Commission, the Attorney 
     General, and the Architectural and Transportation Barriers 
     Compliance Board should recognize the differences that exist 
     between urban and rural areas with respect to the 
     administration of Federal elections under this Act.

                          ____________________