The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S7498-S7506 on June 5, 2003.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 854. Mrs. BOXER (for herself, Mr. Lugar, and Ms. Cantwell) proposed an amendment to amendment SA 850 proposed by Mr. Domenici (for Mr. Frist (for himself, Mr. Daschle, Mr. Inhofe, Mr. Dorgan, Mr. Lugar, Mr. Johnson, Mr. Grassley, Mr. Harkin, Mr. Hagel, Mr. Durbin, Mr. Voinovich, Mr. Nelson of Nebraska, Mr. Talent, Mr. Dayton, Mr. Coleman, Mr. Edwards, Mr. Crapo, Mr. Conrad, Mr. DeWine, Mr. Baucus, Mr. Bunning, and Mr. Bond)) to the bill S. 14, to enhance the energy security of the United States, and for other purposes; as follows:
On page 8, strike lines 16 through 19 and insert the following:
``(4) Cellulosic biomass ethanol.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol--
``(A) shall be considered to be the equivalent of 1.5 gallons of renewable fuel; or
``(B) if the cellulosic biomass is derived from agricultural residue, shall be considered to be the equivalent of 2.5 gallons of renewable fuel.
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SA 855. Mr. DAYTON submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows;
On page 454, strike lines 5 through 9.
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SA 856. Mrs. BOXER (for herself, Mr. Leahy, Mr. Durbin, Mrs. Feinstein, Mrs. Clinton, Mr. Jeffords, and Mr. Lautenberg) proposed an amendment to amendment SA 850 proposed by Mr. Domenici (for Mr. Frist
(for himself, Mr. Daschle, Mr. Inhofe, Mr. Dorgan, Mr. Lugar, Mr. Johnson, Mr. Grassley, Mr. Harkin, Mr. Hagel, Mr. Durbin, Mr. Voinovich, Mr. Nelson of Nebraska, Mr. Talent, Mr. Dayton, Mr. Coleman, Mr. Edwards, Mr. Crapo, Mr. Conrad, Mr. DeWine, Mr. Baucus, Mr. Bunning, and Mr. Bond)) to the bill S. 14, to enhance the energy security of the United States, and for other purposes; as follows:
Beginning on page 18, strike line 16 and all that follows through page 19, line 17, and insert the following:
``(p) Renewable Fuels Safe Harbor.--Notwithstanding any other provision of Federal or State law, a renewable fuel used or intended to be used as a motor vehicle fuel, or any motor vehicle fuel containing renewable fuel, shall be subject to liability standards that are not less protective of human health, welfare, and the environment than any other motor vehicle fuel or fuel additive.''.
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SA 857. Mr. KOHL (for himself and Mr. Feingold) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
On page 150, line 4, strike lines 4-11 and insert the following and renumber accordingly:
SEC. 442. DECOMMISSIONING PILOT PROGRAM
(a) Pilot Program.--The Secretary shall establish a decommissioning pilot program:
(1) to decommission and decontaminate the sodium-cooled fast breeder experimental test-site reactor located in northwest Arkansas in accordance with the decommissioning activities contained in the August 31, 1998 Department of Energy report on the reactor; and
(2) to develop and demonstrate advanced state-of-the art nuclear fuel management, storage, transportation, and eventual advanced nuclear technology disposition alternatives through a cooperative research and development agreement utilizing the demonstration reactor remaining from the Cooperative Power Reactive Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 Stat. 679), the Dairyland Power Cooperative La Crosse Boiling Water Reactor.
(A) The project shall include planning, research and development, design, construction and demonstration of advanced and alternative approaches to handling loading and transportation of both canned and uncannistered stainless steel and zircalloy clad nuclear fuel, and
(B) The project shall explore technical and economic feasibility of alternative approaches to nuclear fuel management and storage, transportation, and eventual advanced nuclear technology disposition alternatives.
(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section:
(1) for the pilot program described in subsection (a)(1) above, $16,000,000; and
(2) for the pilot program described in subsection (a)(2) above, $5,000,000 per year until such time as all of the nuclear fuel is removed by the Department of Energy from La Crosse Boiling Water Reactor site, but not to exceed a total of $25,000,000.
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SA 858. Mr. KOHL (for himself and Mr. Feingold) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; and follows:
On page 150, line 4, insert the following new section and renumber accordingly:
``SECTION. REACTOR DEMONSTRATION PROGRAM.
(a) Definitions.--For purposes of this section--
``(1) the term ``contract holder'' means a party to a contract with the Secretary of Energy for the disposal of spent nuclear fuel or high-level radioactive waste entered into pursuant to section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)); and
``(2) the terms ``Administrator'', ``civilian nuclear power reactor'', ``Commission'', ``Department'', ``disposal'',
``high-level radioactive waste'', ``Indian tribe'',
``repository'', ``reservation'', ``Secretary'', ``spent nuclear fuel'', ``State'', ``storage'', ``Waste Fund'', and
``Yucca Mountain site'' shall have the meanings given such terms in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101).
(b) Reactor Demonstration Program Settlement Authority.--Not later than 120 days after the date of enactment of this Act, and notwithstanding Section 302(a)(5) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the Secretary is authorized to take title to the spent nuclear fuel withdrawn from the demonstration reactor remaining from the Cooperative Power Reactor Demonstration Program (Pub. L. No. 87-315, Sec. 109, 75 State. 679), the Dairyland Power Cooperative La Crosse Boiling Water Reactor. Immediately upon the Secretary's taking title to the Dairyland Power Cooperative La Crosse Boiling Water Reactor spent nuclear fuel, the Secretary shall assume all responsibility and liability for the interim storage and permanent disposal thereof and is authorized to compensate Dairyland Power Cooperative for any costs related to operating and maintaining facilities necessary for such storage, from the date of taking title until the Secretary removes the spent nuclear fuel from the La Crosse Boiling Water Reactor site. The Secretary's obligation to take title or compensate the holder of the La Crosse Boiling Water Reactor spent nuclear fuel under this subsection shall include all of such fuel, regardless of the delivery commitment schedule for such fuel under the Secretary's contract with the Dairyland Power Cooperative as the contract holder under Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or the acceptance schedule for such fuel. The settlement agreement may also include terms to--
(1) relieve any harm caused by the Secretary's failure to meet the Department's commitment, or
(2) settle any legal claims against the United States arising out of such failure.
(c) Waiver of Claims.--As a condition to the Secretary's taking of title to the La Crosse Boiling Water Reactor spent nuclear fuel, the contract holder for such fuel shall enter into a settlement agreement containing a waiver of claims against the United States as provided in this section. Nothing in this section shall be read to require a contract holder to waive any future claim against the United States arising out of the Secretary's failure to meet any new obligations assumed under a settlement agreement or backup storage agreement, including the acceptance of spent fuel and high-level waste in accordance with the acceptance schedule currently established or as may be established in the future.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to pay the costs incurred by the Secretary pursuant to a settlement agreement negotiated pursuant to this section that are not otherwise eligible for payment from the Nuclear Waste Fund.
(e) Savings Clause.--(1) Nothing in this section shall limit the Secretary's existing authority to enter into settlement agreements or address shutdown reactors and any associated public health and safety or environmental concerns that may arise.
(2) Nothing in this section diminishes obligations imposed upon the Federal Government by the United States District Court of Idaho in an order entered on October 17, 1995 in United States v. Batt (No. 91-0054-S-EJL). To the extent this Act imposes obligations on the Federal Government that are greater than those imposed by the court order, the provisions of this Act shall prevail.''
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SA 859. Mr. KOHL (for himself and Mr. Feingold) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
On page 194, line 12, insert the following and renumber accordingly:
SEC. 606. FEDERAL ENERGY BANK.
Part 3 of title V of the National Energy Conservation Policy Act is amended by adding at the end the following:
SEC. 553. FEDERAL ENERGY BANK.
``(a) Definitions.--In this section:
``(1) Bank.--The term `Bank' means the Federal Energy Bank established by subsection (b).
``(2) Energy or water efficiency project.--The term
`energy or water efficiency project' means a project that assists a Federal agency in meeting or exceeding the energy water efficiency requirements of--
``(A) this part;
``(B) title VIII;
``(C) subtitle F of title I of the Energy Policy Act of 1992 (42 U.S.C. 8262 et seq.); or
``(D) any applicable Executive order, including Executive Order No. 13123.
``(3) Federal agency.--The term `Federal agency' means--
``(A) an Executive agency (as defined in section 105 of title 5, United States Code);
``(B) the United States Postal Service;
``(C) Congress and any other entity in the legislative branch; and
``(D) a Federal court and any other entity in the judicial branch.
``(b) Establishment of Bank.--
``(1) In general.--There is established in the Treasury of the United States a fund to be known as the `Federal Energy Bank', consisting of--
``(A) such amounts as are deposited in the Bank under paragraph (2);
``(B) such amounts as are repaid to the Bank under subsection (c)(2)(D); and
``(C) any interest earned on investment of amounts in the Bank under paragraph (3).
``(2) Deposits in bank.--
``(A) In General.--Subject to the availability of appropriations and to subparagraph (B), the Secretary of the Treasury shall deposit in the Bank an amount equal to
$250,000,000 in fiscal year 2004 and in each fiscal year thereafter.
``(B) Maximum amount in bank.--Deposits under subparagraph
(a) shall cease beginning with the fiscal year following the fiscal year in which the amounts in the Bank (including amounts on loan from the Bank) become equal to or exceed
$1,000,000,000.
``(3) Investment of amounts.--The Secretary of the Treasury shall invest such portion of the Bank as is not, in the judgment of the Secretary, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States.
``(c) Loans From the Bank.--
``(1) In general.--The Secretary of the Treasury shall transfer from the Bank to the Secretary such amounts as are appropriated to carry out the loan program under paragraph
(2).
``(2) Loan program.--
``(A) Establishment.--
``(i) In general.--In accordance with subsection (d), the Secretary, in consultation with the Secretary of Defense, the Administrator of General Services, and the Director of the Office of Management and Budget, shall establish a program to make loans of amounts in the Bank to any Federal agency that submits an application satisfactory to the Secretary in order to pay the costs of a project described in subparagraph (C).
``(ii) Commencement of operations.--The Secretary may begin--
``(I) accepting applications for loans from the Bank in fiscal year 2003; and
``(II) making loans from the Bank in fiscal year 2004.
``(B) Energy savings performance contracting funding.--To the extent practicable, an agency shall not submit a project for which energy performance contracting funding is available and is acceptable to the Federal agency under title VIII.
``(C) Purposes of loan.--
``(i) In general.--A loan from the Bank may be used to pay--
``(I) the costs of an energy or water efficiency project, or a renewable or alternative energy project, for a new or existing Federal building (including selection and design of the project);
``(II) the costs of energy metering plan and metering equipment installed pursuant to section 543(e) or for the purpose of verification of the energy savings under an energy savings performance contract under title VIII; or
``(III) at the time of contracting, the costs of cofunding of an energy savings performance contract (including a utility energy service agreement) in order to shorten the payback period of the project that is the subject of energy savings performance contract.
``(ii) Limitation.--A Federal agency may use not more than 10 percent of the amount of a loan under subclause (I) or
(II) of clause (i) to pay the costs of administration and proposal development (including data collection and energy surveys).
``(iii) Renewable and alternative energy Projects.--Not more than 25 percent of the amount on loan from the Bank at any time may be loaned for renewable energy and alternative energy projects (as defined by the Secretary in accordance with applicable law (including Executive Orders)).
``(D) Repayments.--
``(i) In general.--Subject to clauses (ii) through (v), a Federal agency shall repay to the Bank the principal amount of a loan plus interest at a rate determined by the President, in consultation with the Secretary and the Secretary of the Treasury.
``(ii) Waiver or reduction of interest.--The Secretary may waive or reduce the rate of interest required to be paid under clause (i) if the Secretary determines that payment of interest by a Federal agency at the rate determined under that clause is not required to fund the operations of the Bank.
``(iii) Determination of interest rate.--The interest rate determined under clause (i) shall be at a rate that is sufficient to ensure that, beginning not later than October 1, 2007, interest payments will be sufficient to fully fund the operations of the Bank.
``(iv) Insufficiency of appropriations.--
``(I) Request for appropriations.--As part of the budget request of the Federal agency for each fiscal year, the head of each Federal agency shall submit to the President a request for such amounts as are necessary to make such repayments as are expected to become due in the fiscal year under this subparagraph.
``(II) Suspension of repayment requirement.--If, for any fiscal year, sufficient appropriations are not made available to a Federal agency to make repayments under this subparagraph, the Bank shall suspend the requirement of repayment under this subparagraph until such appropriations are made available.
``(E) Federal agency energy budgets.--Until a loan is repaid a Federal agency budget submitted by the President to Congress for a fiscal year shall not be reduced by the value of energy savings accrued as a result of any energy conservation measure implemented using amounts from the Bank.
``(F) No rescission or reprogramming.-- A Federal agency shall not rescind or reprogram loan amounts made available from the Bank except as permitted under guidelines and issued under subparagraph (G).
``(G) Guidelines.--The Secretary shall issue guidelines for implementation of the loan program under this paragraph, including selection criteria, maximum loan amounts, and loan repayment terms.
``(d) Selection Criteria.--
``(1) In general.--The Secretary shall establish criteria for the selection of projects to be awarded loans in accordance with paragraph (2).
``(2) Selection criteria.--
``(A) In general.--The Secretary may make loans from the Bank only for a project that--
``(i) is technically feasible;
``(ii) is determined to be cost-effective using life cycle cost methods established by the Secretary;
``(iii) includes a measurement and management component, based on the measurement and verification protocols of the Department of Energy, to--
``(I) commission energy savings for new and existing Federal facilities;
``(II) monitor and improve energy efficiency management at existing Federal facilities; and
``(III) verify the energy savings under an energy savings performance contract under title VIII; and
(iv)(I) in the case of a renewable energy or alternative energy project, has a simple payback period of not more than 15 years; and
``(II) in the case of any other project, has a simple payback period of not more than 10 years.
``(B) Priority.--In selecting projects, the Secretary shall give priority to projects that--
``(i) are a component of a comprehensive energy management project for a Federal facility; and
``(ii) are designed to significantly reduce the energy use of the Federal facility.
``(e) Reports and Audits.--
``(1) Reports to the secretary.--Not later than 1 year after the completion of installation of a project that has a cost of more than $1,000,000, and annually thereafter, a Federal agency shall submit to the Secretary a report that--
``(A) states whether the project meets or fails to meet the energy savings projections for the project; and
``(B) for each project that fails to meet the energy savings projections, states the reasons for the failure and describes proposed remedies.
``(2) Audits.--The Secretary may audit, or require a Federal agency that receives a loan from the Bank to audit, any project financed with amounts from the Bank to assess the performance of the project.
``(3) Reports to congress.--At the end of each fiscal year, the Secretary shall submit to Congress a report on the operations of the Bank, including a statement of--
``(A) the total receipts by the Bank;
``(B) the total amount of loans from the Bank to each Federal agency; and
``(C) the estimated cost and energy savings resulting from projects funded with loans from the Bank.
``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''.
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SA 860. Mr. DOMENICI (for Mr. Bingaman) proposed an amendment to amendment SA 840 proposed by Mr. Domenici (for himself and Mr. Bingaman) to the bill S. 14, to enhance the energy security of the United States, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the following:
TITLE XII--STATE ENERGY PROGRAMS
SEC. 1201. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.
Section 2602(b) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621(b)) is amended by striking ``each of fiscal years 2002 through 2004'' and inserting ``fiscal years 2002 and 2003, and $3,400,000,000 for each of fiscal years 2004 through 2006.''.
SEC. 1202. WEATHERIZATION ASSISTANCE PROGRAM.
(a) Eligibility.--Section 412 of the Energy Conservation and Production Act (42 U.S.C. 6862) is amended--
(1) in paragraph (7)(A), by striking ``125'' and inserting
``150'', and
(2) in paragraph (7)(C), by striking ``125'' and inserting
``150''.
(b) Authorization of Appropriations.--Section 422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is amended by striking the period at the end and inserting ``,
$325,000,000 for fiscal year 2004, $400,000,000 for fiscal year 2005, and $500,000,000 for fiscal year 2006.''.
SEC. 1203. STATE ENERGY PLANS.
(a) State Energy Conservation Plans.--Section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) is amended by inserting at the end the following new subsection:
``(g) The Secretary shall, at least once every 3 years, invite the Governor of each State to review and, if necessary, revise the energy conservation plan of such State submitted under subsection (b) or (e). Such reviews should consider the energy conservation plans of other States within the region, and identify opportunities and actions carried out in pursuit of common energy conservation goals.''.
(b) State Energy Efficiency Goals.--Section 364 of the Energy Policy and Conservation Act (42 U.S.C. 6324) is amended to read as follows:
``state energy efficiency goals
``Sec. 364. Each State energy conservation plan with respect to which assistance is made available under this part on or after the date of enactment of this title shall contain a goal, consisting of an improvement of 25 percent or more in the efficiency of use of energy in the State concerned in calendar year 2010 as compared to calendar year 1990, and may contain interim goals.''.
(c) Authorization of Appropriations.--Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended by striking the period at the end and inserting ``,
$100,000,000 for each of fiscal years 2004 and 2005 and
$125,000,000 for fiscal year 2006.''.
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SA 861. Mr. KYL (for himself and Mr. McCain) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
On page 150, between lines 14 and 15, insert the following:
SEC. 4__. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND
TECHNOLOGY.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954
(42 U.S.C. 2201 et seq.) is amended by adding at the end the following:
``SEC. 170C. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND
TECHNOLOGY.
``(a) Policy.--To successfully promote the development of nuclear energy as a safe and reliable source of electric energy, it is the policy of the United States to prevent any nuclear material, technology, component, substance, or technical information, or any related goods or services, from being misused or diverted from peaceful nuclear energy purposes.
``(b) Prohibition of Issuance of Certain Export Licenses.--Notwithstanding any other provision of law, no Federal agency shall issue any license, approval, or authorization for the export or reexport, or the transfer or retransfer, directly or indirectly, to any country the government of which is identified by the Secretary of State as engaged in state sponsorship of terrorist activities (including any country the government of which, as of September 11, 2001, had been determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) to have repeatedly provided support for acts of international terrorism) of--
``(1) any special nuclear material or byproduct material;
``(2) any nuclear production facility or utilization facility; or
``(3) except as provided in subsection (c)(2), any nuclear component, technology, substance, or technical information, or any related goods or services, that could be used in a nuclear production facility or utilization facility.
``(c) Nonapplicability and Waiver.--
``(1) Nonapplicability.--Subsection (b) shall not apply to the country of Iraq.
``(2) Waiver.--The President may waive the application of subsection (b)(3) to a country if the President determines and certifies to Congress that the waiver of that subsection--
``(A) is in the vial national security interests of the United States;
``(B) is essential to prevent or respond to a serious radiological hazard in the country receiving the waiver that may or does threaten public health and safety; and
``(C) will not result in any increased risk that the country receiving the waiver will acquire nuclear weapons or any materials or components of nuclear weapons.
``(d) Revocation.--Any license, approval, or authorization described in subsection (b) issued before the date of enactment of this section is revoked.''.
(b) Conforming Amendment.--The table of contents of the Atomic Energy Act (42 U.S.C. prec. 2011) is amended by adding at the end the items relating to chapter 14 the following:
``Sec. 170C. Prevention of misuse of nuclear material and technology.''.
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SA 862. Mr. GRASSLEY (for himself, Mrs. Lincoln, Ms. Snowe, Mr. Baucus, Mr. Voinovich, Ms. Murkowski, Mr. Warner, Mr. Stevens, Ms. Landrieu, Mr. Byrd, Ms. Collins, and Mr. Nelson of Florida) proposed an amendment to the bill H.R. 1308, to amend the Internal Revenue Code of 1986 to accelerate the increase in the refundability of the child tax credit, and for other purposes; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Working Families Tax Act of 2003''.
TITLE I--CHILD TAX CREDIT
SEC. 101. ACCELERATION OF INCREASE IN REFUNDABILITY OF THE
CHILD TAX CREDIT.
(a) Acceleration of Refundability.--
(1) In general.--Section 24(d)(1)(B)(i) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by striking ``(10 percent in the case of taxable years beginning before January 1, 2005)''.
(2) Advance payment.--Subsection (b) of section 6429 of such Code (relating to advance payment of portion of increased child credit for 2003) is amended by striking
``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph:
``(4) section 24(d)(1)(B)(i) applied without regard to the first parenthetical therein.''.
(3) Earned income includes combat pay.--Section 24(d)(1) of such Code is amended by adding at the end the following new sentence: ``For purposes of subparagraph (B), any amount excluded from gross income by reason of section 112 shall be treated as earned income which is taken into account in computing taxable income for the taxable year.''.
(b) Effective Dates.--
(1) Subsections (a)(1) and (a)(3).--The amendments made by subsections (a)(1) and (a)(3) shall apply to taxable years beginning after December 31, 2002.
(2) Subsection (a)(2).--The amendments made by subsection
(a)(2) shall take effect as if included in the amendments made by section 101(b) of the Jobs and Growth Tax Relief Reconciliation Act of 2003.
SEC. 102. REDUCTION IN MARRIAGE PENALTY IN CHILD TAX CREDIT.
(a) In General.--Section 24(b)(2) of the Internal Revenue Code of 1986 (defining threshold amount) is amended--
(1) by inserting ``($115,000 for taxable years beginning in 2008 or 2009, and $150,000 for taxable years beginning in 2010)'' after ``$110,000'', and
(2) by striking ``$55,000'' in subparagraph (C) and inserting ``\1/2\ of the amount in effect under subparagraph
(A)''.
(b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.
SEC. 103. APPLICATION OF EGTRRA SUNSET TO THIS SECTION.
Each amendment made by this title shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 to the same extent and in the same manner as the provision of such Act to which such amendment relates.
TITLE II--UNIFORM DEFINITION OF CHILD
SEC. 201. UNIFORM DEFINITION OF CHILD, ETC.
Section 152 of the Internal Revenue Code of 1986 is amended to read as follows:
``SEC. 152. DEPENDENT DEFINED.
``(a) In General.--For purposes of this subtitle, the term
`dependent' means--
``(1) a qualifying child, or
``(2) a qualifying relative.
``(b) Exceptions.--For purposes of this section--
``(1) Dependents ineligible.--If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year.
``(2) Married dependents.--An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual's spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
``(3) Citizens or nationals of other countries.--
``(A) In general.--The term `dependent' does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States.
``(B) Exception for adopted child.--Subparagraph (A) shall not exclude any child of a taxpayer (within the meaning of subsection (f)(1)(B)) from the definition of `dependent' if--
``(i) for the taxable year of the taxpayer, the child's principal place of abode is the home of the taxpayer, and
``(ii) the taxpayer is a citizen or national of the United States.
``(c) Qualifying Child.--For purposes of this section--
``(1) In general.--The term `qualifying child' means, with respect to any taxpayer for any taxable year, an individual--
``(A) who bears a relationship to the taxpayer described in paragraph (2),
``(B) who has the same principal place of abode as the taxpayer for more than one-half of such taxable year,
``(C) who meets the age requirements of paragraph (3), and
``(D) who has not provided over one-half of such individual's own support for the calendar year in which the taxable year of the taxpayer begins.
``(2) Relationship test.--For purposes of paragraph (1)(A), an individual bears a relationship to the taxpayer described in this paragraph if such individual is--
``(A) a child of the taxpayer or a descendant of such a child, or
``(B) a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative.
``(3) Age requirements.--
``(A) In general.--For purposes of paragraph (1)(C), an individual meets the requirements of this paragraph if such individual--
``(i) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, or
``(ii) is a student who has not attained the age of 24 as of the close of such calendar year.
``(B) Special rule for disabled.--In the case of an individual who is permanently and totally disabled (as defined in section 22(e)(3)) at any time during such calendar year, the requirements of subparagraph (A) shall be treated as met with respect to such individual.
``(4) Special rule relating to 2 or more claiming qualifying child.--
``(A) In general.--Except as provided in subparagraph (B) and subsection (e), if (but for this paragraph) an individual may be and is claimed as a qualifying child by 2 or more taxpayers for a taxable year beginning in the same calendar year, such individual shall be treated as the qualifying child of the taxpayer who is--
``(i) a parent of the individual, or
``(ii) if clause (i) does not apply, the taxpayer with the highest adjusted gross income for such taxable year.
``(B) More than 1 parent claiming qualifying child.--If the parents claiming any qualifying child do not file a joint return together, such child shall be treated as the qualifying child of--
``(i) the parent with whom the child resided for the longest period of time during the taxable year, or
``(ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.
``(d) Qualifying Relative.--For purposes of this section--
``(1) In general.--The term `qualifying relative' means, with respect to any taxpayer for any taxable year, an individual--
``(A) who bears a relationship to the taxpayer described in paragraph (2),
``(B) whose gross income for the calendar year in which such taxable year begins is less than the exemption amount
(as defined in section 151(d)),
``(C) with respect to whom the taxpayer provides over one-half of the individual's support for the calendar year in which such taxable year begins, and
``(D) who is not a qualifying child of such taxpayer or of any other taxpayer for any taxable year beginning in the calendar year in which such taxable year begins.
``(2) Relationship.--For purposes of paragraph (1)(A), an individual bears a relationship to the taxpayer described in this paragraph if the individual is any of the following with respect to the taxpayer:
``(A) A child or a descendant of a child.
``(B) A brother, sister, stepbrother, or stepsister.
``(C) The father or mother, or an ancestor of either.
``(D) A stepfather or stepmother.
``(E) A son or daughter of a brother or sister of the taxpayer.
``(F) A brother or sister of the father or mother of the taxpayer.
``(G) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
``(H) An individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has as such individual's principal place of abode the home of the taxpayer and is a member of the taxpayer's household.
``(3) Special rule relating to multiple support agreements.--For purposes of paragraph (1)(C), over one-half of the support of an individual for a calendar year shall be treated as received from the taxpayer if--
``(A) no one person contributed over one-half of such support,
``(B) over one-half of such support was received from 2 or more persons each of whom, but for the fact that any such person alone did not contribute over one-half of such support, would have been entitled to claim such individual as a dependent for a taxable year beginning in such calendar year,
``(C) the taxpayer contributed over 10 percent of such support, and
``(D) each person described in subparagraph (B) (other than the taxpayer) who contributed over 10 percent of such support files a written declaration (in such manner and form as the Secretary may by regulations prescribe) that such person will not claim such individual as a dependent for any taxable year beginning in such calendar year.
``(4) Special rule relating to income of handicapped dependents.--
``(A) In general.--For purposes of paragraph (1)(B), the gross income of an individual who is permanently and totally disabled (as defined in section 22(e)(3)) at any time during the taxable year shall not include income attributable to services performed by the individual at a sheltered workshop if--
``(i) the availability of medical care at such workshop is the principal reason for the individual's presence there, and
``(ii) the income arises solely from activities at such workshop which are incident to such medical care.
``(B) Sheltered workshop defined.--For purposes of subparagraph (A), the term `sheltered workshop' means a school--
``(i) which provides special instruction or training designed to alleviate the disability of the individual, and
``(ii) which is operated by an organization described in section 501(c)(3) and exempt from tax under section 501(a), or by a State, a possession of the United States, any political subdivision of any of the foregoing, the United States, or the District of Columbia.
``(5) Special support test in case of students.--For purposes of paragraph (1)(C), in the case of an individual who is--
``(A) a child of the taxpayer, and
``(B) a student,
amounts received as scholarships for study at an educational organization described in section 170(b)(1)(A)(ii) shall not be taken into account in determining whether such individual received more than one-half of such individual's support from the taxpayer.
``(6) Special rules for support.--For purposes of this subsection--
``(A) payments to a spouse which are includible in the gross income of such spouse under section 71 or 682 shall not be treated as a payment by the payor spouse for the support of any dependent,
``(B) amounts expended for the support of a child or children shall be treated as received from the noncustodial parent (as defined in subsection (e)(3)(B)) to the extent that such parent provided amounts for such support, and
``(C) in the case of the remarriage of a parent, support of a child received from the parent's spouse shall be treated as received from the parent.
``(e) Special Rule for Divorced Parents.--
``(1) In general.--Notwithstanding subsection (c)(4) or
(d)(1)(C), if--
``(A) a child receives over one-half of the child's support during the calendar year from the child's parents--
``(i) who are divorced or legally separated under a decree of divorce or separate maintenance,
``(ii) who are separated under a written separation agreement, or
``(iii) who live apart at all times during the last 6 months of the calendar year, and
``(B) such child is in the custody of 1 or both of the child's parents for more than \1/2\ of the calendar year,
such child shall be treated as being the qualifying child or qualifying relative of the noncustodial parent for a calendar year if the requirements described in paragraph (2) are met.
``(2) Requirements.--For purposes of paragraph (1), the requirements described in this paragraph are met if--
``(A) a decree of divorce or separate maintenance or written separation agreement between the parents applicable to the taxable year beginning in such calendar year provides that--
``(i) the noncustodial parent shall be entitled to any deduction allowable under section 151 for such child, or
``(ii) the custodial parent will sign a written declaration
(in such manner and form as the Secretary may prescribe) that such parent will not claim such child as a dependent for such taxable year, and
``(B) in the case of such an agreement executed before January 1, 1985, the noncustodial parent provides at least
$600 for the support of such child during such calendar year.
``(3) Custodial parent and noncustodial parent.--For purposes of this subsection--
``(A) Custodial parent.--The term `custodial parent' means the parent with whom a child shared the same principal place of abode for the greater portion of the calendar year.
``(B) Noncustodial parent.--The term `noncustodial parent' means the parent who is not the custodial parent.
``(4) Exception for multiple-support agreements.--This subsection shall not apply in any case where over one-half of the support of the child is treated as having been received from a taxpayer under the provision of subsection (d)(3).
``(f) Other Definitions and Rules.--For purposes of this section--
``(1) Child defined.--
``(A) In general.--The term `child' means an individual who is--
``(i) a son, daughter, stepson, or stepdaughter of the taxpayer, or
``(ii) an eligible foster child of the taxpayer.
``(B) Adopted child.--In determining whether any of the relationships specified in subparagraph (A)(i) or paragraph
(4) exists, a legally adopted individual of the taxpayer, or an individual who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child of such individual by blood.
``(C) Eligible foster child.--For purposes of subparagraph
(A)(ii), the term `eligible foster child' means an individual who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
``(2) Student defined.--The term `student' means an individual who during each of 5 calendar months during the calendar year in which the taxable year of the taxpayer begins--
``(A) is a full-time student at an educational organization described in section 170(b)(1)(A)(ii), or
``(B) is pursuing a full-time course of institutional on-farm training under the supervision of an accredited agent of an educational organization described in section 170(b)(1)(A)(ii) or of a State or political subdivision of a State.
``(3) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.
``(4) Brother and sister.--The terms `brother' and `sister' include a brother or sister by the half blood.
``(5) Treatment of missing children.--
``(A) In general.--Solely for the purposes referred to in subparagraph (B), a child of the taxpayer--
``(i) who is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of the family of such child or the taxpayer, and
``(ii) who had, for the taxable year in which the kidnapping occurred, the same principal place of abode as the taxpayer for more than one-half of the portion of such year before the date of the kidnapping,
shall be treated as meeting the requirement of subsection
(c)(1)(B) with respect to a taxpayer for all taxable years ending during the period that the individual is kidnapped.
``(B) Purposes.--Subparagraph (A) shall apply solely for purposes of determining--
``(i) the deduction under section 151(c),
``(ii) the credit under section 24 (relating to child tax credit),
``(iii) whether an individual is a surviving spouse or a head of a household (as such terms are defined in section 2), and
``(iv) the earned income credit under section 32.
``(C) Comparable treatment of certain qualifying relatives.--For purposes of this section, a child of the taxpayer--
``(i) who is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of the family of such child or the taxpayer, and
``(ii) who was (without regard to this paragraph) a qualifying relative of the taxpayer for the portion of the taxable year before the date of the kidnapping,
shall be treated as a qualifying relative of the taxpayer for all taxable years ending during the period that the child is kidnapped.
``(D) Termination of treatment.--Subparagraphs (A) and (C) shall cease to apply as of the first taxable year of the taxpayer beginning after the calendar year in which there is a determination that the child is dead (or, if earlier, in which the child would have attained age 18).
``(6) Cross references.--
``For provision treating child as dependent of both parents for purposes of certain provisions, see sections 105(b), 132(h)(2)(B), and 213(d)(5).''.
SEC. 202. MODIFICATIONS OF DEFINITION OF HEAD OF HOUSEHOLD.
(a) Head of Household.--Clause (i) of section 2(b)(1)(A) of the Internal Revenue Code of 1986 is amended to read as follows:
``(i) a qualifying child of the individual (as defined in section 152(c), determined without regard to section 152(e)), but not if such child--
``(I) is married at the close of the taxpayer's taxable year, and
``(II) is not a dependent of such individual by reason of section 152(b)(2) or 152(b)3), or both, or''.
(b) Conforming Amendments.--
(1) Section 2(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively.
(2) Clauses (i) and (ii) of section 2(b)(3)(B) of such Code are amended to read as follows:
``(i) subparagraph (H) of section 152(d)(2), or
``(ii) paragraph (3) of section 152(d).''.
SEC. 203. MODIFICATIONS OF DEPENDENT CARE CREDIT.
(a) In General.--Section 21(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``In the case of an individual who maintains a household which includes as a member one or more qualifying individuals (as defined in subsection (b)(1))'' and inserting ``In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual''.
(b) Qualifying Individual.--Paragraph (1) of section 21(b) of the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Qualifying individual.--The term `qualifying individual' means--
``(A) a dependent of the taxpayer (as defined in section 152(a)(1)) who has not attained age 13,
``(B) a dependent of the taxpayer who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year, or
``(C) the spouse of the taxpayer, if the spouse is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as the taxpayer for more than one-half of such taxable year.''.
(c) Conforming Amendment.--Paragraph (1) of section 21(e) of the Internal Revenue Code of 1986 is amended to read as follows:
``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law.''.
SEC. 204. MODIFICATIONS OF CHILD TAX CREDIT.
(a) In General.--Paragraph (1) of section 24(c) of the Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c)) who has not attained age 17.''.
(b) Conforming Amendment.--Section 24(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``the first sentence of section 152(b)(3)'' and inserting ``subparagraph
(A) of section 152(b)(3)''.
SEC. 205. MODIFICATIONS OF EARNED INCOME CREDIT.
(a) Qualifying Child.--Paragraph (3) of section 32(c) of the Internal Revenue Code of 1986 is amended to read as follows:
``(3) Qualifying child.--
``(A) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 152(c), determined without regard to paragraph (1)(D) thereof and section 152(e)).
``(B) Married individual.--The term `qualifying child' shall not include an individual who is married as of the close of the taxpayer's taxable year unless the taxpayer is entitled to a deduction under section 151 for such taxable year with respect to such individual (or would be so entitled but for section 152(e)).
``(C) Place of abode.--For purposes of subparagraph (A), the requirements of section 152(c)(1)(B) shall be met only if the principal place of abode is in the United States.
``(D) Identification requirements.--
``(i) In general.--A qualifying child shall not be taken into account under subsection (b) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year.
``(ii) Other methods.--The Secretary may prescribe other methods for providing the information described in clause
(i).''.
(b) Conforming Amendments.--
(1) Section 32(c)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (C),
(D), (E), and (F), respectively.
(2) Section 32(c)(4) of such Code is amended by striking
``(3)(E)'' and inserting ``(3)(C)''.
(3) Section 32(m) of such Code is amended by striking
``subsections (c)(1)(F)'' and inserting ``subsections
(c)(1)(E)''.
SEC. 206. MODIFICATIONS OF DEDUCTION FOR PERSONAL EXEMPTION
FOR DEPENDENTS.
Subsection (c) of section 151 of the Internal Revenue Code of 1986 is amended to read as follows:
``(c) Additional Exemption for Dependents.--An exemption of the exemption amount for each individual who is a dependent
(as defined in section 152) of the taxpayer for the taxable year.''.
SEC. 207. TECHNICAL AND CONFORMING AMENDMENTS.
(1) Section 2(a)(1)(B)(i) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(2) Section 21(e)(5) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``paragraph (2) or (4) of'' in subparagraph
(A), and
(B) by striking ``within the meaning of section 152(e)(1)'' and inserting ``as defined in section 152(e)(3)(A)''.
(3) Section 21(e)(6)(B) of such Code is amended by striking
``section 151(c)(3)'' and inserting ``section 152(f)(1)''.
(4) Section 25B(c)(2)(B) of such Code is amended by striking ``151(c)(4)'' and inserting ``152(f)(2)''.
(5)(A) Subparagraphs (A) and (B) of section 51(i)(1) of such Code are each amended by striking ``paragraphs (1) through (8) of section 152(a)'' both places it appears and inserting ``subparagraphs (A) through (G) of section 152(d)(2)''.
(B) Section 51(i)(1)(C) of such Code is amended by striking
``152(a)(9)'' and inserting ``152(d)(2)(H)''.
(6) Section 72(t)(2)(D)(i)(III) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(7) Section 72(t)(7)(A)(iii) of such Code is amended by striking ``151(c)(3)'' and inserting ``152(f)(1)''.
(8) Section 42(i)(3)(D)(ii)(I) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(9) Subsections (b) and (c)(1) of section 105 of such Code are amended by inserting ``, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof'' after
``section 152''.
(10) Section 120(d)(4) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)'' after ``section 152''.
(11) Section 125(e)(1)(D) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(12) Section 129(c)(2) of such Code is amended by striking
``151(c)(3)'' and inserting ``152(f)(1)''.
(13) The first sentence of section 132(h)(2)(B) of such Code is amended by striking ``151(c)(3)'' and inserting
``152(f)(1)''.
(14) Section 153 of such Code is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and
(4) as paragraphs (1), (2), and (3), respectively.
(15) Section 170(g)(1) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)'' after ``section 152''.
(16) Section 170(g)(3) of such Code is amended by striking
``paragraphs (1) through (8) of section 152(a)'' and inserting ``subparagraphs (A) through (G) of section 152(d)(2)''.
(17) Section 213(a) of such Code is amended by inserting
``, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(18) The second sentence of section 213(d)(11) of such Code is amended by striking ``paragraphs (1) through (8) of section 152(a)'' and inserting ``subparagraphs (A) through
(G) of section 152(d)(2)''.
(19) Section 220(d)(2)(A) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(20) Section 221(d)(4) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof)'' after ``section 152''.
(21) Section 529(e)(2)(B) of such Code is amended by striking ``paragraphs (1) through (8) of section 152(a)'' and inserting ``subparagraphs (A) through (G) of section 152(d)(2)''.
(22) Section 2032A(c)(7)(D) of such Code is amended by striking ``section 151(c)(4)'' and inserting ``section 152(f)(2)''.
(23) Section 2057(d)(2)(B) of such Code is amended by inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section 152''.
(24) Section 7701(a)(17) of such Code is amended by striking ``152(b)(4), 682,'' and inserting ``682''.
(25) Section 7702B(f)(2)(C)(iii) of such Code is amended by striking ``paragraphs (1) through (8) of section 152(a)'' and inserting ``subparagraphs (A) through (G) of section 152(d)(2)''.
(26) Section 7703(b)(1) of such Code is amended--
(A) by striking ``151(c)(3)'' and inserting ``152(f)(1)'', and
(B) by striking ``paragraph (2) or (4) of''.
SEC. 208. EFFECTIVE DATE.
The amendments made by this title shall apply to taxable years beginning after December 31, 2003.
TITLE III--CUSTOMS USER FEES
SEC. 301. EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking ``September 30, 2003'' and inserting ``March 31, 2010''.
______
SA 863. Mr. GRASSLEY (for himself and Mrs. Lincoln) submitted an amendment intended to be proposed by him to the bill H.R. 1308, to amend the Internal Revenue Code of 1986 to accelerate the increase in the refundability of the child tax credit, and for other purposes; which was ordered to lie on the table; as follows:
Amend the title as to read: A bill to amend the Internal Revenue Code of 1986 to accelerate the increase in the refundability of the child tax credit, and for other purposes.
______
SA 864. Mr. CAMPBELL proposed an amendment to the bill S. 14, to enhance the energy security of the United States, and for other purposes; as follows:
Page 101, line 1, strike ``electrify Indian tribal land'' and all that follows through page 128, line 24, and insert:
``(4) electrify Indian tribal land and the homes of tribal members.''
(b) Conforming Amendments.--
(1) The table of contents of the Department of Energy Organization Act (42 U.S.C. prec. 7101) is amended--
(A) in the item relating to section 209, by striking
``Section'' and inserting ``Sec.''; and
(B) by striking the items relating to sections 213 through 216 and inserting the following:
``Sec. 213. Establishment of policy for National Nuclear Security
Administration.
``Sec. 214. Establishment of security, counterintelligence, and intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs
(2) Section 5315 of title 5, United States Code, is amended by inserting ``Director, Office of Indian Energy Policy and Programs, Department of Energy.'' after ``Inspector General, Department of Energy.''.
SEC. 303. INDIAN ENERGY.
(a) Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended to read as follows:
``TITLE XXVI--INDIAN ENERGY
``SEC. 2601. DEFINITIONS.
``For purposes of this title:
``(1) The term `Director' means the Director of the Office of Indian Energy Policy and Programs, Department of Energy.
``(2) The term `Indian land' means--
``(A) any land located within the boundaries of an Indian reservation, pueblo, or rancheria;
``(B) any land not located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held--
``(1) in trust by the United States for the benefit of an Indian tribe;
(ii) by an Indian tribe, subject to restriction by the United States against alienation; or
``(iii) by a dependent Indian community; and
``(C) land conveyed to a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(3) The term `Indian reservation' includes--
``(A) an Indian reservation in existence in any State or States as of the date of enactment of this paragraph;
``(B) a public domain Indian allotment;
``(C) a former reservation in the State of Oklahoma;
``(D) a parcel of land owned by a Native Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and
``(E) a dependent Indian community located within the borders of the United States, regardless of whether the community is located--.
``(i) on original or acquired territory of the community; or
``(ii) within or outside the boundaries of any particular State.
``(4) The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
``(5) The term `Native Corporation' has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
``(6) The term `organization' means a partnership, joint venture, limited liability company, or other unincorporated association or entity that is established to develop Indian energy resources.
``(7) The term `Program' means the Indian energy resource development program established under section 2602(a).
``(8) The term `Secretary' means the Secretary of the Interior.
``(9) The term `tribal energy resource development organization' means an organization of 2 or more entities, at least 1 of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other guarantee authorized by sections 2602 or 2603 of this title.
``(10) The term `tribal land' means any land or interests in land owned by any Indian tribe, band, nation, pueblo, community, rancheria, colony or other group, title to which is held in trust by the United States or which is subject to a restriction against alienation imposed by the United States.
``(11) The term `vertical integration of energy resources' means any project or activity that promotes the location and operation of a facility (including any pipeline, gathering system, transportation system or facility, or electric transmission facility), on or near Indian land to process, refine, generate electricity from, or otherwise develop energy resources on, Indian land:
``SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.
``(a) Department of the Interior Program.--
``(1) To assist Indian tribes in the development of energy resources and further the goal of Indian self-determination, the Secretary shall establish and implement an Indian energy resource development program to assist Indian tribes and tribal energy resource development organizations in achieving the purposes of this title.
``(2) In carrying out the Program, the Secretary shall--
``(A) provide development grants to Indian tribes and tribal energy resource development organizations for use in developing or obtaining the managerial and technical capacity needed to develop energy resources on Indian land; and to properly account for resulting energy production and revenues;
``(B) provide grants to Indian tribes and tribal energy resource development organizations for use in carrying out projects to promote the vertical integration of energy resources, and to process, use, or develop those energy resources, on Indian land, and
``(C) provide low-interest loans to Indian tribes and tribal energy resource development organizations for use in the promotion of energy resource development and vertical integration or energy resources on Indian land.
``(3) There are authorized to be appropriated to carry out this subsection such sums as are necessary for each of fiscal years 2004 through 2014.
``(b) Indian Energy Education Planning and Management Assistance.--
``(1) The Director shall establish programs to assist Indian tribes in meeting energy education, research and development, planning, and management needs.
``(2) In carrying out this section, the Director may provide grants, on a competitive basis, to an Indian tribe or tribal energy resource development organization for use in carrying out--
``(A) energy, energy efficiency, and energy conservation programs;
``(B) studies and other activities supporting tribal acquisition of energy supplies, services, and facilities;
``(C) planning, construction, development, operation, maintenance, and improvement of tribal electrical generation, transmission, and distribution facilities located on Indian land; and
``(D) development, construction, and interconnection of electric power transmission facilities located on Indian land with other electric transmission facilities.
``(3)(A) The Director may develop, in consultation with Indian tribes, a formula for providing grants under this section.
``(B) In providing a grant under this subsection, the Director shall give priority to an application received from an Indian tribe with inadequate electric service (as determined by the Director).
``(4) The Secretary of Energy may promulgate such regulations as necessary to carry out this subsection.
``(5) There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2004 through 2011.
``(c) Loan Guarantee Program.--
``(1) Subject to paragraph (3), the Secretary of Energy may provide loan guarantees (as defined in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for not more than 90 percent of the unpaid principal and interest due on any loan made to any Indian tribe for energy development.
``(2) A loan guaranteed under this subsection shall be made by--
``(A) a financial institution subject to examination by the Secretary of Energy; or
``(B) an Indian tribe, from funds of the Indian tribe.
``(3) The aggregate outstanding amount guaranteed by the Secretary of Energy at any time under this subsection shall not exceed $2,000,000,000.
``(4) The Secretary may promulgate such regulations as the Secretary of Energy determines are necessary to carry out this subsection.
``(5) There are authorized to be appropriated such sums as are necessary to carry out this subsection, to remain available until expended.
``(6) Not later than 1 year from the date of enactment of this section, the Secretary of Energy shall report to the Congress on the financing requirements of Indian tribes for energy development on Indian land.
``(d) Indian Energy Preference.--
``(1) In purchasing electricity or any other energy product or byproduct, a Federal agency or department may give preference to an energy and resource production enterprise, partnership, consortium, corporation, or other type of business organization the majority of the interest in which is owned and controlled by 1 or more Indian tribes.
``(2) In carrying out this subsection, a Federal agency or department shall not--
``(A) pay more than the prevailing market price for an energy product or byproduct; and
``(B) obtain less than prevailing market terms and conditions.''.
``SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.
``(a) Grants.--The Secretary may provide to Indian tribes and tribal energy resource development organizations, on an annual basis, grants for use in developing, administering, implementing, and enforcing tribal laws (including regulations) governing the development and management of energy resources on Indian land.
``(b) Use of Funds.--Funds from a grant provided under this section may be used by an Indian tribe or tribal energy resource development organization for--
``(1) the development of a tribal energy resource inventory or tribal energy resource on Indian land;
``(2) the development of a feasibility study or other report necessary to the development of energy resources on Indian land;
``(3) the development and enforcement of tribal laws and the development of technical infrastructure to protect the environment under applicable law; or
``(4) the training of employees that--
``(A) are engaged in the development of energy resources on Indian land; or
``(B) are responsible for protecting the environment.
``(c) Other Assistance.--To the maximum extent practicable, the Secretary and the Secretary of Energy shall make available to Indian tribes and tribal energy resource development organizations scientific and technical data for use in the development and management of energy resources on Indian land.
``SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY
INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.
``(a) Leases and Agreements.--Subject to the provisions of this section--
``(1) an Indian tribe may, at its discretion, enter into a lease or business agreement for the purpose of energy development, including a lease or business agreement for--
``(A) exploration for, extraction of, processing of, or other development of energy resources on tribal land; and
``(B) construction or operation of an electric generation, transmission, or distribution facility located on tribal land; or a facility to process or refine energy resources developed on tribal land; and
``(2) such lease or business agreement described in paragraph (1) shall not require the approval of the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81) or any other provision of law, if--
``(A) the lease or business agreement is executed in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e);
``(B) the term of the lease or business agreement does not exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the production of oil and gas resources, 10 years and as long thereafter as oil or gas is produced in paying quantities; and
``(C) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including an annual trust asset evaluation of the activities of the Indian tribe conducted in accordance with the agreement).
``(b) Rights-of-Way for Pipelines or Electric Transmission or Distribution Lines.--An Indian tribe may grant a right-of-way over tribal land for a pipeline or an electric transmission or distribution line without specific approval by the Secretary if--
``(1) the right-of-way is executed in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e);
``(2) the term of the right-of-way does not exceed 30 years;
``(3) the pipeline or electric transmission or distribution line serves--
``(A) an electric generation, transmission, or distribution facility located on tribal land; or
``(B) a facility located on tribal land that processes or refines energy resources developed on tribal land; and
``(4) the Indian tribe has entered into a tribal energy resource agreement with the Secretary, as described in subsection (e), relating to the development of energy resources on tribal land (including an annual trust asset evaluation of the activities of the Indian tribe conducted in accordance with the agreement).
``(c) Renewals.--A lease or business agreement entered into or a right-of-way granted by an Indian tribe under this section may be renewed at the discretion of the Indian tribe in accordance with this section.
``(d) Validity.--No lease, business agreement, or right-of-way relating to the development of tribal energy resources pursuant to the provisions of this section shall be valid unless the lease, business agreement, or right-of-way is authorized in accordance with a tribal energy resource agreement approved by the Secretary under subsection (e)(2).
``(e) Tribal Energy Resource Agreements.--
``(1) On promulgation of regulations under paragraph (8), an Indian tribe may submit to the Secretary for approval a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section.
``(2)(A) Not later than 180 days after the date on which the Secretary receives a tribal energy resource agreement submitted by an Indian tribe under paragraph (1) (or such later date as may be agreed to by the Secretary and the Indian tribe), the Secretary shall approve or disapprove the tribal energy resource agreement.
``(B) The Secretary shall approve a tribal energy resource agreement submitted under paragraph (1) if--
``(i) the Secretary determines that the Indian tribe has demonstrated that the Indian tribe has sufficient capacity to regulate the development of energy resources of the Indian tribe; and
``(ii) the tribal energy resource agreement includes provisions that, with respect to a lease, business agreement, or right-of-way under this section--
``(I) ensure the acquisition of necessary information from the applicant for the lease, business agreement, or right-of-way;
``(II) address the term of the lease or business agreement or the term of conveyance of the right-of-way;
``(III) address amendments and renewals;
``(IV) address consideration for the lease, business agreement, or right-of-way;
``(V) address technical or other relevant requirements;
``(VI) establish requirements for environmental review in accordance with subparagraph (C);
``(VII) ensure compliance with all applicable environmental laws;
``(VIII) identify final approval authority;
``(IX) provide for public notification of final approvals;
``(X) establish a process for consultation with any affected States concerning potential off-reservation impacts associated with the lease, business agreement, or right-of-way; and
``(XI) describe the remedies for breach of the lease, agreement, or right-of-way.
``(C) Tribal energy resource agreements submitted under paragraph (1) shall establish, and include provisions to ensure compliance with, an environmental review process that, with respect to a lease, business agreement, or right-of-way under this section, provides for--
``(i) the identification and evaluation of all significant environmental impacts (as compared with a no-action alternative), including effects on cultural resources;
``(ii) the identification of proposed mitigation;
``(iii) a process for ensuring that the public is informed of and has an opportunity to comment on the environmental impacts of the proposed action before tribal approval of the lease, business agreement, or right-of-way; and
``(iv) sufficient administrative support and technical capability to carry out the environmental review process.
``(D) A tribal energy resource agreement negotiated between the Secretary and an Indian tribe in accordance with this subsection shall include--
``(i) provisions requiring the Secretary to conduct an annual trust asset evaluation to monitor the performance of the activities of the Indian tribe associated with the development of energy resources on tribal land by the Indian tribe; and
``(ii) in the case of a finding by the Secretary of imminent jeopardy to a physical trust asset, provisions authorizing the Secretary to reassume responsibility for activities associated with the development of energy resources on tribal land.
``(3) The Secretary shall provide notice and opportunity for public comment on tribal energy resource agreements submitted under paragraph (1). The Secretary's review of a tribal energy resource agreement under the National Environmental Policy Act (42 U.S.C. 4321 et seq) shall be limited to the direct effects of that approval.
``(4) If the Secretary disapproves a tribal enemy resource agreement submitted by an Indian tribe under paragraph (1), the Secretary shall--
``(A) notify the Indian tribe in writing of the basis for the disapproval;
``(B) identify what changes or other actions are required to address the concerns of the Secretary; and
``(C) provide the Indian tribe with an opportunity to revise and resubmit the tribal energy resource agreement.
``(5) If an Indian tribe executes a lease or business agreement, or grants a right-of-way in accordance with a tribal energy resource agreement approved under this subsection, the Indian tribe shall, in accordance with the process and requirements set forth in the Secretary's regulations adopted pursuant to subsection (e)(8), provide to the Secretary--
``(A) a copy of the lease, business agreement, or right-of-way document (including all amendments to and renewals of the document); and.
``(B) in the case of a tribal energy resource agreement or a lease, business agreement, or right-of-way that permits payment to be made directly to the Indian tribe, documentation of those payments sufficient to enable the Secretary to discharge the trust responsibility of the United States as appropriate under applicable law.
``(6)(A) Nothing in this section shall absolve the United States from any responsibility to Indians or Indian tribes, including those which derive from the trust relationship or from any treaties, Executive Orders, or agreements between the United States and any Indian tribe.
``(B) The Secretary shall continue to have a trust obligation to ensure that the rights of an Indian tribe are protected in the event of a violation of federal law or the terms of any lease, business agreement or right-of-way under this section by any other party to any such lease, business agreement or right-of-way.
``(C) Notwithstanding subparagraph (A), the United States shall not be liable to any party (including any Indian tribe) for any of the terms of, or any losses resulting from the terms of, a lease, business agreement, or right-of-way executed pursuant to and in accordance with a tribal energy resource agreement approved under subsection (e)(2).
``(7)(A) In this paragraph, the term `interested party' means any person or entity the interests of which have sustained or will sustain a significant adverse environmental impact as a result of the failure of an Indian tribe to comply with a tribal energy resource agreement of the Indian tribe approved by the Secretary under paragraph (2).
``(B) After exhaustion of tribal remedies, and in accordance with the process and requirements set forth in regulations adopted by the Secretary pursuant to subsection
(e)(8), an interested party may submit to the Secretary a petition to review compliance of an Indian tribe with a tribal energy resource agreement of the Indian tribe approved under this subsection.
``(C) If the Secretary determines that an Indian tribe is not in compliance with a tribal energy resource agreement approved under this subsection, the Secretary shall take such action as is necessary to compel compliance, including--
``(i) suspending a lease, business agreement, or right-of-way under this section until an Indian tribe is in compliance with the approved tribal energy resource agreement; and
``(ii) rescinding approval of the tribal energy resource agreement and reassuming the responsibility for approval of any future leases, business agreements, or rights-of-way associated with an energy pipeline or distribution line described in subsections (a) and (b).
``(D) If the Secretary seeks to compel compliance of an Indian tribe with an approved tribal energy resource agreement under subparagraph (C)(ii), the Secretary shall--
``(i) make a written determination that describes the manner in which the tribal energy resource agreement has been violated;
``(ii) provide the Indian tribe with a written notice of the violation together with the written determination; and
``(iii) before taking any action described in subparagraph
(C)(ii) or seeking any other remedy, provide the Indian tribe with a hearing and a reasonable opportunity to attain compliance with the tribal energy resource agreement.
``(E)(i) An Indian tribe described in subparagraph (D) shall retain all rights to appeal as provided in regulations promulgated by the Secretary.
``(ii) The decision of the Secretary with respect to an appeal described in clause (i), after any agency appeal provided for by regulation, shall constitute a final agency action.
``(8) Not later than 180 days after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2003, the Secretary shall promulgate regulations that implement the provisions of this subsection, including--
``(A) criteria to be used in determining the capacity of an Indian tribe described in paragraph (2)(B)(i), including the experience of the Indian tribe in managing natural resources and financial and administrative resources available for use by the Indian tribe in implementing the approved tribal energy resource agreement of the Indian tribe; and
``(B) a process and requirements in accordance with which an Indian tribe may--
``(i) voluntarily rescind an approved tribal energy resource agreement approved by the Secretary under this subsection; and
``(ii) return to the Secretary the responsibility to approve any future leases, business agreements, and rights-of-way described in this subsection.
``(f) No Effect on Other Law.--Nothing in this section affects the application of--
``(1) any Federal environmental law;
``(2) the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); or
``(3) except as otherwise provided in this title, the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.) and the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
``SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS
``(a) Definitions.--In this section:
``(1) The term `Administrator' means the Administrator of the Bonneville Power Administration and the Administrator of the Western Area Power Administration.
``(2) The term `power marketing administration' means--
``(A) the Bonneville Power Administration;
``(B) the Western Area Power Administration; and
``(C) any other power administration the power allocation of which is used by or for the benefit of an Indian tribe located in the service area of the administration.
``(b) Encouragement of Indian Tribal Energy Development.--Each Administrator shall encourage Indian tribal energy development by taking such actions as are appropriate, including administration of programs of the Bonneville Power Administration and the Western Area Power Administration, in accordance with this section.
``(c) Action by the Administrator.--In carrying out this section, and in accordance with existing law--
``(1) each Administrator shall consider the unique relationship that exists between the United States and Indian tribes.
``(2) power allocations from the Western Area Power Administration to Indian tribes may be used to meet firming and reserve needs of Indian-owned energy projects on Indian land;
``(3) the Administrator of the Western Area Power Administration may purchase power from Indian tribes to meet the firming and reserve requirements of the Western Area Power Administration; and
``(4) each Administrator shall not pay more than the prevailing market price for an energy product nor obtain less than prevailing market terms and conditions.
``(d) Assistance for Transmission System Use.--
``(1) An Administrator may provide technical assistance to Indian tribes seeking to use the high-voltage transmission system for delivery of electric power.
``(2) The costs of technical assistance provided under paragraph (1) shall be funded by the Secretary of Energy using nonreimbursable funds appropriated for that purpose, or by the applicable Indian tribes.
``(e) Power Allocation Study.--Not later than 2 years after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2003, the Secretary of Energy shall submit to the Congress a report that--
``(1) describes the use by Indian tribes of Federal power allocations of the Western Area Power Administration (or power sold by the Southwestern Power Administration) and the Bonneville Power Administration to or for the benefit of Indian tribes in service areas of those administrations; and
``(2) identifies--
``(A) the quantity of power allocated to Indian tribes by the Western Area Power Administration;
``(B) the quantity of power sold to Indian tribes by other power marketing administrations; and
``(C) barriers that impede tribal access to and use of Federal power, including an assessment of opportunities to remove those barriers and improve the ability of power marketing administrations to facilitate the use of Federal power by Indian tribes.
``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $750,000, which shall remain available until expended and shall not be reimbursable.
``SEC. 2606. INDIAN MINERAL DEVELOPMENT REVIEW.
``(a) In General.--The Secretary shall conduct a review of all activities being conducted under the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.) as of that date.
``(b) Report.--Not later than 1 year after the date of enactment of the Indian Tribal Energy Development and Self-Determination Act of 2003, the Secretary shall submit to the Congress a report that includes--
``(1) the results of the review;
``(2) recommendations to ensure that Indian tribes have the opportunity to develop Indian energy resources; and
``(3) an analysis of the barriers to the development of energy resources on Indian land (including legal, fiscal, market, and other barriers), along with recommendations for the removal of those barriers.
``SEC. 2607. WIND AND HYDROPOWER FEASIBILITY STUDY.
``(a) Study.--The Secretary of Energy, in coordination with the Secretary of the Army and the Secretary, shall conduct a study of the cost and feasibility of developing a demonstration project that would use wind energy generated by Indian tribes and hydropower generated by the Army Corps of Engineers on the Missouri River to supply firming power to the Western Area Power Administration.
``(b) Scope of Study.--The study shall--
``(1) determine the feasibility of the blending of wind energy and hydropower generated from the Missouri River dams operated by the Army Corps of Engineers;
``(2) review historical purchase requirements and projected purchase requirements for firming and the patterns of availability and use of firming energy;
``(3) assess the wind energy resource potential on tribal land and projected cost savings through a blend of wind and hydropower over a 30-year period;
``(4) determine seasonal capacity needs and associated transmission upgrades for integration of tribal wind generation; and
``(5) include an independent tribal engineer as a study team member.
``(c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary and Secretary of the Army shall submit to Congress a report that describes the results of the study, including--
``(1) an analysis of the potential energy cost or benefits to the customers of the Western Area Power Administration through the blend of wind and hydropower;
``(2) an evaluation of whether a combined wind and hydropower system can reduce reservoir fluctuation, enhance efficient and reliable energy production, and provide Missouri River management flexibility;
``(3) recommendations for a demonstration project that could be carried out by the Western Area Power Administration in partnership with an Indian tribal government or tribal energy resource development organization to demonstrate the feasibility and potential of using wind energy produced on Indian land to supply firming energy to the Western Area Power Administration or any other Federal power marketing agency; and
``(4) an identification of--
``(A) the economic and environmental costs or benefits to be realized through such a Federal-tribal partnership; and
``(B) the manner in which such a partnership could contribute to the energy security of the United States.
``(d) Funding.--
``(1) There is authorized to be appropriated to carry out this section $500,000, to remain available until expended.
``(2) Costs incurred by the Secretary in carrying out this section shall be nonreimbursable.''.
(b) Conformiing Amendments.--The table of contents for the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by striking items relating to Title XXVI, and inserting:
``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving energy development or transmission.
``Sec. 2605. Federal Power Marketing Administrations.
``Sec. 2606. Indian mineral development review.
``Sec. 2607. Wind and hydropower feasibility study.
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