[Pages S1872-S1910]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

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

[[Page S1873]]

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

S. 273

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

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

SEC. 3. ACQUISITION OF STATE LANDS.

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

SEC. 4. VALUATION OF STATE AND FEDERAL INTERESTS.

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

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

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

SEC. 6. AUTHORIZATION FOR APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act.
______

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

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

[[Page S1874]]

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

S. 274

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

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

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

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

SEC. 2. FINDINGS AND PURPOSES.

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

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

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

``CHAPTER 114--CLASS ACTIONS

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

``Sec. 1711. Definitions

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

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

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

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

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

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

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

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

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

``Sec. 1716. Clearer and simpler settlement information

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

[[Page S1875]]

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

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

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

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

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

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

[[Page S1876]]

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

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

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

``Sec. 1453. Removal of class actions

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

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

SEC. 6. REPORT ON CLASS ACTION SETTLEMENTS.

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

SEC. 7. EFFECTIVE DATE.

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

[[Page S1877]]

action suits asserting the same claims on behalf of the same plaintiffs
are routinely filed in different State courts, causing judicial
inefficiencies and encouraging collusive settlement behavior. And State
courts are more frequently certifying national classes leading to
rulings that infringe upon or conflict with the established laws and
policies of other states.
Despite the mountains of evidence demonstrating the drastically
increasing harms caused by class action abuses, I am sure that some
will attempt to deny the existence of any problem at all. Others will
try to confuse the issue with spurious claims that proposed reforms
would somehow disadvantage victims with legitimate claims or further
worsen class action abuses. Others may even contend that past
legislative reforms have contributed to recent financial debacles and
that the proposed reforms will encourage more. Such claims are nothing
more than red herrings intended to divert the debate from the real
issues.
In this regard let me emphasize a few points regarding S. 274. First,
this bill does not seek to eliminate State court class action
litigation. Class action suits brought in State courts have proven in
many contexts to be an effective and desirable tool for protecting
civil and consumer rights. Nor do the reforms we will discuss today in
any way diminish the rights or practical ability of victims to band
together to pursue their claims against large corporations. In fact, we
have included several consumer protection provisions in our legislation
that I feel strongly will substantially improve plaintiffs' chances of
achieving a fair result in any settlement proposal.
There are three key components to S. 274. First, the bill implements
consumer protections against abusive settlements by: No. 1. requiring
simplified notices that explain to class members the terms of proposed
class action settlements and their rights with respect to the proposed
settlement in ``plain English''; No. 2. enhancing judicial scrutiny of
coupon settlements; No. 3. providing a standard for judicial approval
of settlements that would result in a net monetary loss to plaintiffs;
No. 4. prohibiting ``bounties'' to class representatives; and No. 5.
prohibiting settlements that favor class members based upon geographic
proximity to the courthouse.
Second, the bill requires that notice of class action settlements be
sent to appropriate State and Federal authorities to provide them with
sufficient information to determine whether the settlement is in the
best interest of the citizens they represent.
Finally, the bill amends the diversity-of-citizenship jurisdiction
statute to allow large interstate class actions to be adjudicated in
Federal court by granting jurisdiction in class actions where there is
``minimal diversity'' and the aggregate amount in controversy among all
class members exceeds $2 million.
Although some critics have argued that this amendment to diversity
jurisdiction somehow violates the principles of federalism or is
inconsistent with the Constitution, I fully agree with Mr. Walter
Dellinger, former Solicitor General, who testified at our Judiciary
Committee hearing last fall, that it is ``difficult to understand any
objection to the goal of bringing to the federal court cases of genuine
national importance that fall clearly within the jurisdiction conferred
on those courts by Article III of the Constitution.''
Last, I would like to express my appreciation to the many individuals
who have shared with me the details of their experiences with class
action litigation. In particular, I am grateful to those victims of
various abuses of the current system who have come forward and told
their stories in the hope that something positive might come out of
their terrible experiences.
Among those who have come forward is Irene Taylor of Tyler, TX, who
was bilked out of approximately $20,000 in a telemarketing scam that
defrauded senior citizens out of more than $200 million. In a class
action brought in Madison County, IL, the attorneys purportedly
representing Mrs. Taylor negotiated a proposed settlement which will
exclude her from any recovery whatsoever.
Martha Preston of Baraboo, WI, provides another excellent example.
Ms. Preston was involved in the famous BancBoston case, brought in
Alabama State court, which involved the bank's failure to post interest
to mortgage escrow accounts in a prompt manner. Although Ms. Preston
did receive a settlement of about $4, approximately $95 was deducted
from her account to help pay the class counsel's legal fees of $8.5
million. Notably, Ms. Preston testified before my committee 5 years ago
asking us to stop these abusive class action lawsuits, but it appears
that, at least thus far, her plea has not been heard.
I urge my colleagues to support this modest effort to reform the
abuses in the current system, abuses that are actually hurting those
the system is supposed to help.
______

By Mr. McCAIN (for himself and Mr. Dorgan):
S. 275. A bill to amend the Professional Boxing Safety Act of 1996,
and to establish the United States Boxing Administration; to the
Committee on Commerce, Science, and Transportation.
Mr. McCAIN. Mr. President, today, I am joined by my colleague,
Senator Dorgan, in introducing the Professional Boxing Amendments Act
of 2003. This legislation is designed to strengthen existing Federal
boxing laws by making uniform certain health and safety standards,
establish a centralized medical registry to be used by local
commissions to protect boxers, reduce arbitrary practices of
sanctioning organizations, and provide uniformity in ranking criteria
and contractual guidelines. This legislation also would establish a
Federal regulatory entity to oversee professional boxing and set
uniform standards for certain aspects of the sport.
Since 1996, Congress has acted to improve the sport of boxing by
passing two laws, the Professional Boxing Safety Act of 1996, and the
Muhammad Ali Boxing Reform Act of 2000. These laws were intended to
establish uniform standards to improve the health and safety of boxers,
and to better protect them from the sometimes coercive, exploitative,
and unethical business practices of promoters, managers, and
sanctioning organizations.
While the Professional Boxing Safety Act, as amended by the Muhammad
Ali Act, has had some positive effects on the sport, I am concerned by
the repeated failure of some State and tribal boxing commissions to
comply with the law, and the lack of enforcement of the law by both
Federal and State law enforcement officials. Corruption remains endemic
in professional boxing, and the sport continues to be beset with a
variety of problems, some beyond the scope of the current system of
local regulation.
Therefore, the bill we are introducing today would further strengthen
Federal boxing laws, and also create a Federal regulatory entity, the
``United States Boxing Administration'', USBA, to oversee the sport.
The USBA would be headed by an Administrator, appointed by the
President, with the advice and consent of the Senate.
The primary functions of the USBA would be to protect the health,
safety, and general interests of boxers. More specifically, the USBA
would, among other things: administer Federal boxing laws and
coordinate with other federal regulatory agencies to ensure that these
laws are enforced; oversee all professional boxing matches in the
United States; and work with the boxing industry and local commissions
to improve the status and standards of the sport. The USBA would
license boxers, promoters, managers, and sanctioning organizations, and
revoke or suspend such licenses if the USBA believes that such action
is in the public interest. No longer would a boxer be able to forum-
shop for a state with a weak commission if he or she is undeserving of
a license.
Under this legislative proposal, the fines collected and licensing
fees imposed by the USBA would be used to fund a percentage of its
activities. The USBA also would maintain a centralized database of
medical and statistical information pertaining to boxers in the United
States that would be used confidentially by local commissions in making
licensing decisions.
Let me be clear. The USBA would not be intended to micro-manage
boxing by interfering with the daily operations of local boxing
commissions. Instead, the USBA would work in consultation with local
commissions, and the USBA Administrator would only exercise his/her

[[Page S1878]]

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

S. 275

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

SEC. 3. DEFINITIONS.

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

``SEC. 2. DEFINITIONS.

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

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

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

SEC. 4. PURPOSES.

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

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

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

[[Page S1879]]

``SEC. 4. APPROVAL OR SANCTION REQUIREMENT.

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

SEC. 6. SAFETY STANDARDS.

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

SEC. 7. REGISTRATION.

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

SEC. 8. REVIEW.

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

SEC. 9. REPORTING.

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

SEC. 10. CONTRACT REQUIREMENTS.

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

``SEC. 9. CONTRACT REQUIREMENTS.

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

SEC. 11. COERCIVE CONTRACTS.

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

SEC. 12. SANCTIONING ORGANIZATIONS.

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

``SEC. 11. SANCTIONING ORGANIZATIONS.

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

SEC. 13. REQUIRED DISCLOSURES BY SANCTIONING ORGANIZATIONS.

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

SEC. 14. REQUIRED DISCLOSURES BY PROMOTERS.

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

SEC. 15. JUDGES AND REFEREES.

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

[[Page S1880]]

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

SEC. 16. MEDICAL REGISTRY.

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

``SEC. 14. MEDICAL REGISTRY.

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

SEC. 17. CONFLICTS OF INTEREST.

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

SEC. 18. ENFORCEMENT.

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

SEC. 19. REPEAL OF DEADWOOD.

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

SEC. 20. RECOGNITION OF TRIBAL LAW.

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

SEC. 21. ESTABLISHMENT OF UNITED STATES BOXING
ADMINISTRATION.

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

``TITLE II--UNITED STATES BOXING ADMINISTRATION

``SEC. 201. PURPOSE.

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

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

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

``SEC. 203. FUNCTIONS.

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

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

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

[[Page S1881]]

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

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

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

``SEC. 206. CONSULTATION REQUIREMENTS.

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

``SEC. 207. MISCONDUCT.

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

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

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

``SEC. 209. ASSISTANCE FROM OTHER AGENCIES.

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

``SEC. 210. REPORTS.

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

[[Page S1882]]

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

``SEC. 211. INITIAL IMPLEMENTATION.

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

``SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

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

SEC. 22. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) 1-year Delay for Certain Title II Provisions.--Sections
205 through 212 of the Professional Boxing Safety Act or
1996, as added by section 21(a) of this Act, shall take
effect 1 year after the date of enactment of this Act.
______

By Mr. BENNETT:
S. 277. A bill to authorize the Secretary of the Interior to
construct an education and administrative center at the Bear River
Migratory Bird Refuge in Box Elder County, Utah; to the Committee on
Energy and Natural Resources.
Mr. BENNETT. Mr. President, I rise today to introduce the Bear River
Migratory Bird Refuge Visitor Center Act.
Long a haven for migratory birds, the Bear River marshes provide
millions of birds with habitat and food. In 1928, in response to a
series of devastating outbreaks of avian botulism, which killed
thousands of birds along the river, Congress established the Bear River
Migratory Bird Refuge. It serves to provide habitat for waterfowl,
protect waterfowl from botulism outbreaks, and provide recreational and
education opportunities to the public.
In 1983, floods breached the refuge dikes, destroyed the visitor
center, and contaminated the rich wildlife habitat. Thanks to the great
efforts of Al Trout, the refuge manager, refuge employees, and numerous
volunteers, an increasing number of both waterfowl and humans are
visiting the Bear River Migratory Bird Refuge each year. Today, the
Bear River Refuge encompasses 74,000 acres and has provided refuge for
over 220 recorded waterfowl species. However, a new visitor center for
the refuge has yet to be built. As such, rich educational opportunities
associated with visitor center programs and exhibits are not available
to the public. Aware of the benefits of such a center, a number of
local communities, the Friends of Bear River Bird Refuge, and other
nonprofit organizations have raised over $1.5 million for the project.
This legislation would authorize $11 million to be used for the
construction of an Education Center and Administrative Facility. Such a
facility would both generate much needed public awareness of our
national wildlife refuge system and significantly enhance the visiting
public's refuge experience. A visitor center at the Bear River
Migratory bird Refuge will result in a more meaningful, educational,
and accessible experience for the visiting public.
I believe that this legislation is an exciting opportunity to
showcase the many wildlife and natural treasures that Utah's Bear River
Migratory Bird Refuge contains. I look forward to working with my
colleagues in the Senate to pass this legislation this session.
______

By Mr. BENNETT:
S. 278. A bill to make certain adjustments to the boundaries of the
Mount Naomi Wilderness Area, and for other purposes; to the Committee
on Energy and Natural Resources.
Mr. BENNETT. Mr. President, I rise today to introduce the Mount Naomi
Wilderness Boundary Adjustment Act.
Included in the Utah Wilderness Act of 1984, the Mount Naomi
Wilderness is one of Utah's largest wilderness areas at over 44,000
acres. It is a very scenic area and contains some of the best examples
of alpine terrain in the intermountain west. There are large
populations of moose, elk, and deer. It is an area truly worthy of its
designation.

[[Page S1883]]

Unfortunately the boundaries were drawn in such a way as to have some
unintended consequences. Running through the wilderness is a utility
corridor, containing a major electricity transmission line. This power
line serves the residents of Logan and the whole south end of Cache
Valley. Because of restrictions in the Wilderness Act of 1964,
maintaining and repairing the power line will be very difficult in the
future.
Also impacted by Mount Naomi's boundaries is one of Utah's most
popular hiking and mountain biking trails: the Bonneville Shoreline
Trail. The Bonneville Shoreline Trail, when completed will be over 250
miles in length. Starting in Nephi and heading north into Idaho, the
trail will follow the shoreline of ancient Lake Bonneville. The
alignment of the trail is planned to go through a small part of the
Mount Naomi Wilderness. While hikers and equestrian users would be
permitted to use this section of the trail, mountain bikers would be
prohibited. The city of Logan has tried to work to change the alignment
to adjacent private property to no avail.
The legislation I am introducing today would redraw the boundaries of
the Mount Naomi Wilderness. The acreage of this wilderness area would
not change, thirty-one current acres would be excluded and thirty-one
new acres would be added. The newly added lands will be managed
pursuant to the Utah Wilderness Act of 1984. The boundaries will now
better reflect the topography of Mount Naomi and the inconsistent uses
will be removed from the wilderness.
This legislation was originally offered in the 107th Congress by
former Representative Jim Hansen. It passed the House of
Representatives but was never acted upon by the Senate. The city of
Logan, Cache County, and the United States Forest Service all are
supportive of this legislation.
I look forward to working with my colleagues in the Senate to pass
this legislation this session.
______

By Mr. CAMPBELL:
S. 281. A bill to amend the Transportation Equity Act for the 21st
Century to make certain amendments with respect to Indian tribes, to
provide for training and technical assistance to Native Americans who
are interested in commercial vehicle driving careers, and for other
purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Inouye in reintroducing the ``Indian Tribal Surface
Transportation Improvement Act of 2003'', a bill to reform and improve
Indian Reservation Road, IRR, program.
In the past two Congresses the Committee on Indian Affairs has held
hearings on the problems with the IRR program and this bill provides
much-needed clarifications to better meet the transportation needs in
Native communities.
Involving as it does transportation and related issues, this bill
includes an initiative I proposed last session to support commercial
vehicle driving training programs at tribal colleges and universities.
Although reservation roads comprise just 2.63 percent of the Federal
highway system, less than 1 percent of Federal aid has been allocated
to Indian roads. This bill would allow the already-authorized funds for
Indians to reach the intended beneficiaries.
As with any community, Indian reservations need efficient and
effective road financing and construction to develop healthy economies
and raise the standard of living.
It is no secret that when entrepreneurs, Indian or non-Indian,
calculate whether to invest in a community they first look to see if
the basic building blocks exist within the community: roads, highways,
electricity, potable water, and other amenities.
Unfortunately, despite recent successes some Indian tribes have had
with gaming, energy and natural resource development, most Indian
tribes still suffer from poor infrastructure that thwarts investment
and economic growth.
Building on the successes of the Indian Self Determination and
Education Assistance Act, this bill authorizes the Federal Lands
Highway Administration to create a 12-tribe pilot program to contract
directly for roads funding.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 281

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

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

TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

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

TITLE I--INDIAN TRIBAL SURFACE TRANSPORTATION

SEC. 101. SHORT TITLE.

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

SEC. 102. AMENDMENTS RELATING TO INDIAN TRIBES.

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

``(I) Participants.--

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

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

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

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

[[Page S1884]]

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

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

TITLE II--TRAINING AND TECHNICAL ASSISTANCE FOR NATIVE AMERICANS

SEC. 201. SHORT TITLE.

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

SEC. 202. PURPOSES.

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

SEC. 203. DEFINITIONS.

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

SEC. 204. COMMERCIAL VEHICLE DRIVING TRAINING PROGRAM.

(a) Grants.--The Secretary may provide grants, on a
competitive basis, to entities described in subsection (b) to
support programs providing training and certificates leading
to the licensing of Native Americans with respect to
commercial vehicle driving.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a tribal college or university (as defined in
section 316(b)(3) of the Higher Education Act (20 U.S.C.
1059(b)(3)); and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Priority.--In providing grants under subsection (a),
the Secretary shall give priority to grant applications
that--
(1) propose training that exceeds proposed minimum
standards for training tractor-trailer drivers of the
Department of Transportation;
(2) propose training that exceeds the entry level truck
driver certification standards set by the Professional Truck
Driver Institute; and
(3) propose an education partnership with a private
trucking firm, trucking association, or similar entity in
order to ensure the effectiveness of the grant program under
this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this title.
______

By Ms. SNOWE:
S. 282. A bill to amend the Education Sciences Act of 2002 to require
the Statistics Commissioner to collect information from coeducational
secondary schools on such schools' athletic programs; to the Committee
on Health, Education, Labor, and Pensions.
Ms. SNOWE. Mr. President, I rise today to introduce the ``High School
Sports Information Collection Act of 2003''. This legislation directs
the Commissioner of the National Center for Education Statistics to
collect data from our Nation's high schools regarding the participation
of America's adolescents in athletics. Passage of this legislation
would allow the Department of Education's Office on Civil Rights to
better assess whether high schools are meeting the requirements under
Title IX passed as part of the Education Amendments Act of 1972.
The existence of an information gap regarding high school athletic
participation was highlighted by a 2001 by the General Accounting
Office which was unable to respond to a Congressional request about
participation in athletics, including schools' decisions to add or
discontinue sports team in high schools, colleges and universities.
However, ``because of limited readily available information and the
difficulty of collecting comparable information'' the GAO instead could
only answer the inquiry about changes in four-year intercollegiate
sports.
The legislation is simple. It directs the Commissioner to collect
information regarding participation in athletics broken down by gender,
teams, race and ethnicity; overall budgets and expenditures, including
items like travel expenses, equipment and uniforms and their
replacement schedules; the numbers of coaches, full and part-time; and
scheduling issues like participation in post-season opportunities and
successes by team. These data are already reported, in most cases, to
the state Departments of Education and would therefore not pose any
additional burden on the high schools.
The simple straightforwardness of this legislation goes a long way
toward ensuring that our high schools are complying with civil rights
law as established under Title IX without creating a new paperwork
requirement on our schools. After all when considering whether high
schools are in compliance with this critical civil rights law, it is
necessary to know what is actually happening in the schools.
There can be no doubt Title IX has played a role in increasing
women's athletic opportunities. However, many argue that the
implementation of this law has reduced opportunity for others. While I
strongly disagree with such an assessment, I do believe that it is
critical that policy makers, parents, coaches, and athletic directors
alike have access to precise and timely data to inform the debate and
ensure that decisions are based on an accurate picture of interest and
participation. Precise information on the participation

[[Page S1885]]

levels in high school would assist the enforcement of Title IX on the
high school level.
Participation in athletics renders physical benefits as well as
important psychological benefits. Studies have shown that values
learned from sports participation, such as teamwork, leadership,
discipline, and pride in accomplishment, are important lessons for
everyone and are especially beneficial as more women participate in
business management and ownership positions in ever higher numbers.
Certainly it is no coincidence that 80 percent of female managers of
Fortune 500 companies have a background in athletics. There are
palpable gains generated by participation in athletics, gains which
should be as accessible for females as they have been for males for
decades.
This legislation compliments current law and in fact would allow us
to ensure that the law is being enforced better than we can today. The
data regarding the participation of high school students in athletics
has been lacking for too long and passage of this legislation would
help athletic programs ensure that they are offering equal opportunity
for all athletes.
______

By Mr. DORGAN (for himself, Mr. Kerry, and Ms. Snowe):
S. 283. A bill to amend the Internal Revenue Code of 1986 to allow
tax-free distributions from individual retirement accounts for
charitable purposes; to the Committee on Finance.
Mr. DORGAN. Mr. President, today I'm joined by Senators Kerry and
Snowe in re-introducing the Public Good IRA Rollover Act, legislation
to allow taxpayers to make tax-free distributions from their individual
retirement accounts, IRAs, for gifts to charity.
It is more important than ever to provide support to our nation's
charitable organizations. Our struggling economy is placing an enormous
financial strain on many charities, severely curtailing their funding
at a time when the need for their services is greatest.
I have heard from charities that people frequently ask them about
using their IRAs to make charitable donations. However, many donors
decide not to make a gift from their IRAs after they are told about the
potential tax consequences under current law. Our IRA charitable
rollover legislation would eliminate this concern. This single change
to the Tax Code could put billions of additional dollars from a new
source to work for the public good. A Salvation Army official once said
that providing for IRA charitable rollovers ``would be the single most
important piece of legislation in the history of public charitable
support in this country.''
Over the years, a number of legislative proposals have been discussed
in Congress to increase charitable giving. In his Fiscal Year 2004
budget, President Bush has proposed a substantial package of tax
incentives to encourage charitable giving, including a proposal to
allow individuals to make certain tax-free charitable IRA distributions
after age 65.
The President's charitable IRA proposal has a lot of merit, but the
Public Good IRA Rollover Act is superior in an important respect: by
allowing tax-free life-income gifts from an IRA. Life-income gifts
involve the donation of assets to a charity, where the giver retains an
income stream from those assets for a defined period. Life-income gifts
are an important tool for charities to raise much needed funds, and
would receive a substantial boost if they could be made from IRAs, but
they are wholly ignored in the Administration's proposal. Under our
proposed Public Good IRA Rollover Act, individuals would be allowed to
make tax-free charitable life-income gifts at the age of 59\1/2\.
Similar provisions were added to a major charitable tax incentive bill
reported by the Senate Finance Committee last year, but were not
ultimately enacted.
As the Finance Committee begins anew to consider a charitable giving
tax incentive package in the near future, I urge them to adopt once
again the IRA charitable rollover approach used in the Public Good IRA
Rollover Act, instead of the approach recently outlined in the
President's budget.
The benefits of our approach are two-fold. First, the life-income
gift provision in our legislation would stimulate additional charitable
giving. In addition, people who make life-income gifts often become
more involved with charities. They serve as volunteers, urge their
friends and colleagues to make charitable gifts and frequently set up
additional provisions for charity in their life-time giving plans and
at death. Second, this approach comes at no extra cost to the
government when compared to other major charitable IRA rollover
proposals.
So I urge my colleagues to consider the Public Good IRA Rollover Act,
as we undertake efforts in the Senate to craft a charitable giving tax
incentives bill. As I mentioned at the outset, in these trying times we
ought to do everything we can to encourage charitable giving. Let us
remember the old adage that ``we make a living by what we get, but we
make a life by what we give.''
______

By Mr. McCAIN:
S. 284. A bill to amend the Internal Revenue Code of 1986 to provide
a special rule for members of the uniformed services and the Foreign
Service in determining the exclusion of gain from the sale of a
principal residence; to the Committee on Finance.
Mr. McCAIN. Mr. President, I am proud to sponsor the Military Home
Owners Equity Act of 2003, S. 284. This is important legislation which
I have been privileged to introduce in the Senate during previous
Congresses. This legislation would allow members of the Uniformed
Services, who are away on extended active duty, to qualify for the same
tax relief on the profit generated when they sell their main residence
as other Americans. I am pleased to announce that Secretary of State
Colin Powell fully supports this legislation and this legislation
enjoys overwhelming support by the senior uniformed leadership, the
Joint Chiefs of Staff, as well as the Office of Management and Budget
Director Mitch Daniels, the 31-member associations of the Military
Coalition, the American Foreign Service Association, and the American
Bar Association.
The average American participates in our Nation's growth through home
ownership. Appreciation in the value of a home allows everyday
Americans to participate in our country's prosperity. Fortunately, the
Taxpayer Relief Act of 1997 recognized this and provided this break to
lessen the amount of tax most Americans will pay on the profit they
make when they sell their homes. Unfortunately, the 1997 home sale
provision unintentionally discourages home ownership among members of
the Uniformed and Foreign Services.
This bill will not create a new tax benefit; it merely modifies
current law to include the time members of the Uniformed Services are
away from home on active duty when calculating the number of years the
homeowners has lived in their primary residence. In short, this bill is
narrowly tailored to remedy a specific dilemma.
The Taxpayer Relief Act of 1997 delivered sweeping tax relief to
millions of Americans through a wide variety of important tax changes
that affect individuals, families, investors and businesses. It was
also one of the most complex tax laws enacted in recent history.
As with any complex legislation, there are winners and losers. But in
this instance, there are unintended losers: members of the Uniformed
and Foreign Services.
The 1997 act gives taxpayers who sell their principal residence a
much-needed tax break. Prior to the 1997 act, taxpayers received a one-
time exclusion on the profit they made when they sold their principal
residence, but the taxpayer had to be at least 55 years old and live in
the residence for 2 of the 5 years preceding the sale. This provision
primarily benefitted elderly taxpayers, while not providing any relief
to younger taxpayers and their families.
Fortunately, the 1997 act addressed this issue. Under this law,
taxpayers who sell their principal residence on or after May 7, 1997,
are not taxed on the first $250,000 of profit from the sale, joint
filers are not taxed on the first $500,000 of profit they make from
selling their principal residence. The taxpayers must meet two
requirements to qualify for this tax relief. The taxpayer must one, own
the home for at least 2 of the 5 years preceding the sale, and two,
live in the home as their main home for at least 2 years of the last 5
years.

[[Page S1886]]

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

S. 284

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

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

(a) In General.--Subsection (d) of section 121 of the
Internal Revenue Code of 1986 (relating to exclusion of gain
from sale of principal residence) is amended by redesignating
paragraph (9) as paragraph (10) and by inserting after
paragraph (8) the following new paragraph:
``(9) Members of uniformed services and foreign service.--
``(A) In general.--At the election of an individual with
respect to a property, the running of the 5-year period
described in subsections (a) and (c)(1)(B) and paragraph (7)
of this subsection with respect to such property shall be
suspended during any period that such individual or such
individual's spouse is serving on qualified official extended
duty as a member of the uniformed services or of the Foreign
Service of the United States.
``(B) Maximum period of suspension.--The 5-year period
described in subsection (a) shall not be extended more than
10 years by reason of subparagraph (A).
``(C) Qualified official extended duty.--For purposes of
this paragraph--
``(i) In general.--The term `qualified official extended
duty' means any extended duty while serving at a duty station
which is at least 50 miles from such property or while
residing under Government orders in Government quarters.
``(ii) Uniformed services.--The term `uniformed services'
has the meaning given such term by section 101(a)(5) of title
10, United States Code, as in effect on the date of the
enactment of this paragraph.
``(iii) Foreign service of the united states.--The term
`member of the Foreign Service of the United States' has the
meaning given the term `member of the Service' by paragraph
(1), (2), (3), (4), or (5) of section 103 of the Foreign
Service Act of 1980, as in effect on the date of the
enactment of this paragraph.
``(iv) Extended duty.--The term `extended duty' means any
period of active duty pursuant to a call or order to such
duty for a period in excess of 90 days or for an indefinite
period.
``(D) Special rules relating to election.--
``(i) Election limited to 1 property at a time.--An
election under subparagraph (A) with respect to any property
may not be made if such an election is in effect with respect
to any other property.
``(ii) Revocation of election.--An election under
subparagraph (A) may be revoked at any time.''.
(b) Effective Date; Special Rule.--
(1) Effective date.--The amendments made by this section
shall take effect as if included in the amendments made by
section 312 of the Taxpayer Relief Act of 1997.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-
year period beginning on the date of the enactment of this
Act by the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
______

By Mr. CAMPBELL:
S. 285. A bill to authorize the integration and consolidation of
alcohol and substance abuse programs and services provided by Indian
tribal governments, and for other purposes; to the Committee on Indian
Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Inouye in re-introducing legislation to assist Indian tribes to
fight the scourge of alcohol, drug and associated mental health
problems in their communities.
Native Americans continue to be plagued by chronic alcohol and drug
addictions which destroy their bodies and souls and inevitably require
mental health treatment as well.
There are a good number of Federal agencies involved in treating
these problems and, through no fault of their own, agency efforts are
often un-coordinated and ineffective as a result.
Relying on models that are proven winners, the ``Native American
Alcohol and Substance Abuse Program Consolidation Act of 2003''
authorizes Indian tribes and tribal consortia to string together these
disparate programs and services and bring them together in one
comprehensive and coordinated package.
In addition to achieving economies of scale in these Federal
services, the bill would also encourage the use of automated clinical
information systems and bring to bear state-of-the-art diagnostic and
treatment tools
The two main themes of this bill, better use of resources combined
with technological innovations have proven successful in other areas
like Indian job training.
Just this week, Health and Human Services Secretary Thompson launched
a new effort aimed at combating chronic health problems in minority
communities.
Substance abuse and diabetes are included in Secretary Thompson's
effort and this bill would go a long way in assisting Federal and
tribal governments in that battle.
The mechanics of this bill are also consistent with the broad
contours of the President's Management Agenda, increasing the
effectiveness of Federal services without increasing the budget.
For these reasons, I am hopeful the bill will be well received by the
Administration and the tribes so that it can be considered speedily in
the weeks ahead.
I urge my colleagues to join me in supporting this important
initiative and ask unanimous consent to have the text of the bill
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 285

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

[[Page S1887]]

SECTION 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. PLANS.

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

SEC. 5. PROGRAMS AFFECTED.

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

SEC. 6. PLAN REQUIREMENTS.

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

SEC. 7. PLAN REVIEW.

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

SEC. 8. PLAN APPROVAL.

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

SEC. 9. USE OF FUNDS FOR TECHNOLOGY.

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

[[Page S1888]]

SEC. 10. FEDERAL RESPONSIBILITIES.

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

SEC. 11. NO REDUCTION IN AMOUNTS.

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

SEC. 12. INTERAGENCY FUND TRANSFERS.

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

SEC. 13. ADMINISTRATION OF FUNDS; EXCESS FUNDS.

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

SEC. 14. FISCAL ACCOUNTABILITY.

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

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

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

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

Any State with an alcohol and substance abuse or mental
health program targeted toward Indian tribes shall be
eligible to receive, at no cost to the State, such Federal
personnel assignments as the Secretary, in accordance with
the applicable provisions of subchapter IV of chapter 33 of
title 5, United States Code, determines to be appropriate to
help ensure the success of the program.
______

By Mr. BOND (for himself, Mr. Dodd, Mr. Frist, and Mr. Kennedy):
S. 286. A bill to revise and extend the Birth Defects Prevention Act
of 1998; to the Committee on Health, Education, Labor, and Pensions.
Mr. BOND. Mr. President, I rise today to introduce the Birth Defects
and Developmental Disabilities Prevention Act. It is a pleasure to
work, once again, on this important issue with Senators Dodd, Frist and
Kennedy.
My interest in birth defects prevention began while I was Governor.
As Governor I had secured dollars to fund the neonate care units at our
hospitals in Missouri. These remarkable institutions and the dedicated
men and women who serve there do a tremendous job of saving low birth
weight babies and babies with severe birth defects.
As I visited those hospitals and held those tiny babies, the doctors
and nurses who staffed these units asked me, ``Why don't we do
something to reduce the incidents of birth defects and the problems
that bring the tiniest of infants to these very high-tech, specialized
care units.''
Since I became a Senator I have been working with colleagues on both
sides of the aisle and with the March of Dimes to deal with this
serious and compelling health problem facing America.
Many people are not aware that birth defects affect over 3 percent of
all births in America, and they are the leading cause of infant death.
This year alone, an estimated 150,000 babies will be born with a birth
defect. Among the babies who survive, birth defects often result in
lifelong disability. Medical care, special education, and may other
services are often required into adulthood, costing families thousands
of dollars each year.
In 1998, Congress finally passed a bill I had sponsored for 3
previous sessions, the Birth Defects Prevention Act, which created a
federal birth defects prevention and surveillance strategy. That was
followed by the Children's Health Act of 2000, which established the
National Center on Birth Defects and Developmental Disabilities at CDC.
With these two important pieces of legislation Congress recognized that
birth defects and developmental disabilities are major threats to
children's health.
The Birth Defects and Developmental Disabilities Prevention Act
revises and extends the Birth Defects Prevention Act of 1998. This bill
is straightforward and has the support of the March of Dimes, Spina
Bifida Association of America, the Autism Society of America, and the
Coalition for Children's health among others. It: (1) Reauthorizes the
National Center on Birth Defects and Developmental Disabilities for 5
years; (2) makes several technical amendments to ensure that the full
scope of activities conducted by the center are included in statute;
(3) authorizes CDC to collect data from educational records that are
necessary to conduct surveillance on developmental disabilities--
including autism--while

[[Page S1889]]

protecting the privacy of individuals and their families; (4)
authorizes CDC to support a National Spina Bifida Program to promote
prevention and enhance the quality of life of those living with Spina
Bifida; (5) authorizes CDC to conduct research and programs on the
prevention of secondary conditions and the promotion of health and
wellness in individuals living with disabilities; and (6) finally, the
bill transfers certain members of the Advisory Committee to the
Director of the National Center for Environmental Health who have
expertise in birth defects, developmental disabilities and disabilities
and health to the National Center on Birth Defects and Developmental
Disabilities.
We have come a long way in the past 5 years toward preventing certain
birth defects and developmental disabilities, but we face many
challenges ahead. There is still much work to be done to improve the
health of all Americans by preventing birth defects and developmental
disabilities in children, promoting optimal child development and
ensuring health and wellness among children and adults living with
disabilities.
Today, with the introduction of this bill we have the opportunity to
renew our commitment to birth defects prevention and to improve the
quality of life of those living with disabilities. I look forward to
working with my colleagues to ensure and enhance the well-being of our
Nation's children.
Mr. FRIST. Mr. President, I am pleased to join Senator Bond in
reintroducing the Birth Defects and Developmental Disabilities
Prevention Act of 2003. This bill reauthorizes the National Center on
Birth Defects and Developmental Disabilities, NCBDD, at the Centers for
Disease Control and Prevention to promote optimal fetal, infant, and
child development and prevent birth defects and childhood developmental
disabilities.
Birth defects are the leading cause of infant mortality in the United
States, accounting for more than 20 percent of all infant deaths. Of
the 150,000 babies born with a birth defect in the United States each
year, 8,000 will die during their first year of life. In addition,
birth defects are the fifth-leading cause of years of potential life
lost and contribute substantially to childhood morbidity and long-term
disability.
Congress passed the Birth Defects Prevention Act in 1998, a bill to
assist States in developing, implementing, or expanding community-based
birth defects tracking systems, programs to prevent birth defects, and
activities to improve access to health services for children with birth
defects. The authorization for this important legislation expires at
the end of this year, and the legislation we are introducing today will
strengthen those important programs.
In order to educate health professionals and the general public, this
legislation requires NCBDD to provide information on the incidence and
prevalence of individuals living with birth defects and disabilities,
any health disparities, experienced by such individuals, and
recommendations for improving the health and wellness and quality of
life of such individuals. The Clearinghouse will also contain a summary
of recommendations from all birth defects research conferences
sponsored by the agency including conferences related to spina bifida.
This legislation also clarifies advisory committees, already in
existence, that have expertise in birth defects, developmental
disabilities, and disabilities and health will be transferred to the
National Center on Birth Defects.
This piece of legislation also supports a National Spina Bifida
Program to prevent and reduce suffering from the nation's most common
permanently disabling birth defect.
I ask that this piece of important legislation be reauthorized. I
want to thank my colleagues, Senator Bond and others, for the
introduction of this initial piece of legislation in 1998 and for their
continued initiatives on birth defects and developmental disabilities.
______

By Mr. LEAHY (for himself, Mr. Bennett, Mr. Bingaman, Mr.
Cochran, Mr. Daschle, Mr. Durbin, Mr. Graham of Florida, Mr.
Kennedy, Mr. Lieberman, Mrs. Lincoln, Mr. Warner, Ms. Cantwell,
Mr. Jeffords, Mr. Johnson, and Mr. Kerry):
S. 287. A bill to amend the Internal Revenue Code of 1986 to provide
that a deduction equal to fair market value shall be allowed for
charitable contributions of literary, musical, artistic, or scholarly
compositions created by the donor; to the Committee on Finance.
Mr. LEAHY. Mr. President, I rise today with Senator Bennett to
introduce the ``Artist-Museum Partnership Act of 2003.'' Our bipartisan
legislation will enable our country to keep cherished art works in the
United States and to preserve them in our public institutions, while
erasing an inequity in our tax code that currently serves as a
disincentive for artists to donate their works to museums and
libraries. This is the same bill we introduced the past two Congresses.
It was also included in the Senate-passed version of the President's
2001 tax cut bill and in the Finance Committee's version of the Charity
Aid, Recovery, and Empowerment, CARE, Act. I would like to thank
Senators Bingaman, Cochran, Daschle, Durbin, Graham of Florida,
Kennedy, Lieberman, Lincoln, and Warner for cosponsoring this
bipartisan bill.
Our bill is sensible and straightforward. It would allow artists,
writers, and composers who donate works to museums and libraries to
take a tax deduction equal to the fair market value of the work. This
is something that collectors who make similar donations are already
able to do. If we as a Nation want to ensure that art works created by
living artists are available to the public in the future, for study or
for pleasure, this is something that artists should be allowed to do as
well. Under current law, artists who donate self-created works are only
able to deduct the cost of supplies such as canvas, pen, paper and ink,
which does not even come close to their true value. This is unfair to
artists and it hurts museums and libraries, large and small, that are
dedicated to preserving works for posterity.
In my State of Vermont, we are incredibly proud of the great works
produced by hundreds of local artists who choose to live and work in
the Green Mountain State. Displaying their creations in museums and
libraries helps develop a sense of pride among Vermonters and
strengthens a bond with Vermont, its landscape, its beauty and its
cultural heritage. Anyone who has contemplated a painting in a museum
or examined an original manuscript or composition, and has gained a
greater understanding of both the artist and the subject as a result,
knows the tremendous value of these works. I would like to see more of
them, not fewer, preserved in Vermont and across the country.
Prior to 1969, artists and collectors alike were able to take a
deduction equivalent to the fair market value of a work, but Congress
changed the law with respect to artists in the Tax Reform Act of 1969.
Since then, fewer and fewer artists have donated their works to museums
and cultural institutions. The sharp decline in donations to the
Library of Congress clearly illustrates this point. Until 1969, the
Library of Congress received 15 to 20 large gifts of manuscripts from
authors each year. In the four years following the elimination of the
deduction, the Library received only one such gift. Instead, many of
these works have been sold to private collectors and are no longer
available to the general public.
For example, prior to the enactment of the 1969 law, Igor Stravinsky
planned to donate his papers to the Music Division of the Library of
Congress. But after the law passed, his papers were sold instead to a
private foundation in Switzerland. We can no longer afford this massive
loss to our cultural heritage. These losses are an unintended
consequence of the tax bill that should now be corrected.
More than 30 years ago, Congress changed the law for artists in
response to the perception that some taxpayers were taking advantage of
the law by inflating the market value of self-created works. Since that
time, however, the government has cut down significantly on the abuse
of fair market value determinations. Under this legislation, artists
who donate their own paintings, manuscripts, compositions, or scholarly
compositions, would be subject to the same new rules that all taxpayer/
collectors who donate such works must now follow. This includes
providing relevant information as to

[[Page S1890]]

the value of the gift, providing appraisals by qualified appraisers,
and, in some cases, subjecting them to review by the Internal Revenue
Service's Art Advisory Panel.
In addition, donated works must be accepted by museums and libraries,
which often have strict criteria in place for works they intend to
display. The institution must certify that it intends to put the work
to a use that is related to the institution's tax exempt status. For
example, a painting contributed to an educational institution must be
used by that organization for educational purposes. It could not be
sold by the institution for profit. Similarly, a work could not be
donated to a hospital or other charitable institution that did not
intend to use the work in a manner related to the function constituting
the donee's exemption under Section 501 of the tax code. Finally, the
fair market value of the work could only be deducted from the portion
of the artist's income that has come from the sale of similar works, or
related activities.
This bill would also correct another disparity in the tax treatment
of self-created works, how the same work is treated before and after an
artist's death. While living artists may only deduct the material costs
of donations, donations of those same works after death are deductible
from estate taxes at the fair market value of the work. In addition,
when an artist dies, works that are part of his or her estate are taxed
on the fair market value.
Last Congress, the Joint Committee on Taxation estimated that our
bill would cost $50 million over 10 years. This is a moderate price to
pay for our education and the preservation of our cultural heritage.
I want to thank my colleagues again for cosponsoring this bipartisan
legislation. The time has come for us to correct an unintended
consequence of the 1969 law and encourage rather than discourage the
donations of art works by their creators. This bill could, and I
believe would, make a critical difference in an artist's decision to
donate his or her work, rather than sell it to a private party, where
it may become lost to the public forever.
Mr. BENNETT. Mr. President, I am proud to join the Senator from
Vermont today to introduce the Artist-Museum Partnership Act. He and I
have introduced this legislation in the past, and we hope that our
colleagues will see this bill for what it is: a reasonable solution to
an unintentional inequity in our tax code.
This legislation would allow living artists to deduct the fair-market
value of their art work when they contribute their work to museums or
other public institutions. As the tax code is currently written, art
collectors are able to deduct the fair market value of any piece of art
they donate to a museum. However, if the artist who created that same
piece of work were to donate it, he or she would only be able to deduct
the material cost of the work, which may be nothing more than a canvas,
a tube of paint, and a wooden frame. Thus, there exists a disincentive
for artists to donate their work to museums. The solution is simple:
treat collectors and artists the same way. This bill would do just
that.
Certainly, this bill would benefit artists, but more importantly, the
beneficiaries would be the museums that would receive the art work and
the general public who would be able to view it in a timely manner.
This change in the tax code would increase the number of original
pieces donated to public institutions, giving scholars greater access
to an artist's work during the lifetime of that artist, as well as
provide for an increase in the public display of such work.
I would like to thank Senator Leahy for his work on this bill. I urge
my colleagues to support this common-sense legislation. The fiscal
impact of the Artist-Museum Partnership Act on the Federal budget would
be minimal, but the benefit to our nation's cultural and artistic
heritage cannot be overstated. This minor correction to the tax code is
long overdue, and the Senate should act on this legislation to remedy
the problem.
______

By Mr. CAMPBELL:
S. 288. A bill to encourage contracting by Indians and Indian tribes
for the management of Federal land, and for other purposes; to the
Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, as I did last session, I am again
pleased to introduce the ``Indian Tribal Contracting and Federal Lands
Management Demonstration Project Act'' to expand the highly-successful
Indian Self Determination and Education Assistance Act of 1975 and to
bring Native knowledge, values and sensitivity to the management of our
Federal lands.
I want to emphasize that this initiative is a starting point for a
broader discussion about whether Federal law sufficiently protects
sacred Indian places that are located on Federal lands.
Americans react viscerally when lands and sites held sacred are
threatened. Whether the site in question is the Little Bighorn
Battlefield in Montana; the American Cemetery at Omaha Beach in
Normandy, France; or religious and ceremonial sites held dear by Native
people.
Twenty-five years ago Congress passed the American Indian Religious
Freedom Act which declared that it is ``the policy of the United States
to protect and preserve for American Indians their inherent right of
freedom to believe, express and exercise the traditional religions of
the American Indian, Eskimo, Aleut, and Native Hawaiians, including but
not limited to access to sites, use and possession of sacred objects,
and the freedom to worship through ceremonials and traditional rites.''
A series of hearings held by the Committee on Indian Affairs over the
past two years revealed that the AIRFA policy remains aspirational and
the goals of that Act have not been realized.
The clashes between economic and cultural interests will also sharpen
as our nation's needs for economic activities, such as logging,
energy and mining, increases.

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

S. 288

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

SECTION. 1. SHORT TITLE.

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

SEC. 2. PURPOSES.

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

[[Page S1891]]

SEC. 3. TRIBAL PROCUREMENT CONTRACTING AND RESERVATION
DEVELOPMENT.

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

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

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

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

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

[[Page S1892]]

shall provide to the Indian tribe or tribal organization a
grant in the amount of $100,000 to assist the Indian tribe or
tribal organization in--
``(i) completing the planning phase described in paragraph
(5); and
``(ii) planning for the contracting of programs, functions,
services, and activities in accordance with a contract
entered into under paragraph (6).
``(B) No requirement of grant.--An Indian tribe or tribal
organization may carry out responsibilities of the Indian
tribe or tribal organization described in subparagraph (A)
without applying for a grant under this paragraph.
``(C) Limitation on grants.--No Indian tribe or tribal
organization may receive more than 1 grant under this
paragraph.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this paragraph
such sums as are necessary for each of the 2 fiscal years
following the fiscal year in which this subsection is
enacted.
``(10) Report.--Not later than 90 days after each of
December 31, 2003, and December 31, 2006, the Secretary shall
submit to Congress a detailed report on the project,
including--
``(A) a description of the project;
``(B) findings with respect to the project; and
``(C) an analysis of the costs and benefits of the
project.''.
______

By Mr. GRASSLEY (for himself, Mr. Baucus, Mr. McCain, Mr.
Rockefeller, Mr. Hatch, Mr. Conrad, Mr. DeWine, Mr. Graham of
Florida, Mr. Smith, Mr. Bingaman, Mr. Allard, Mrs. Lincoln, Mr.
Warner, Mr. Johnson, Mr. Harkin, Mr. Durbin, and Ms. Landrieu):
S. 289. A bill to amend the Internal Revenue Code of 1986 to improve
tax equity for military personnel, and for other purposes; to the
Committee on Finance.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 289

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

SECTION 1. SHORT TITLE; ETC.

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

Sec. 1. Short title; etc.

TITLE I--IMPROVING TAX EQUITY FOR MILITARY PERSONNEL

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

TITLE II--OTHER PROVISIONS

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

TITLE I--IMPROVING TAX EQUITY FOR MILITARY PERSONNEL

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

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

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

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

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

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

[[Page S1893]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S1894]]

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

TITLE II--OTHER PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 203. REVISION OF TAX RULES ON EXPATRIATION.

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

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

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

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

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

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

[[Page S1895]]

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

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

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

[[Page S1896]]

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

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

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

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

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

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

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

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

[[Page S1897]]

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

``Sec. 877A. Tax responsibilities of expatriation.''.
(g) Effective Date.--
(1) In general.--Except as provided in this subsection, the
amendments made by this section shall apply to expatriates
(within the meaning of section 877A(e) of the Internal
Revenue Code of 1986, as added by this section) whose
expatriation date (as so defined) occurs on or after February
5, 2003.
(2) Gifts and bequests.--Section 102(d) of the Internal
Revenue Code of 1986 (as added by subsection (b)) shall apply
to gifts and bequests received on or after February 5, 2003,
from an individual or the estate of an individual whose
expatriation date (as so defined) occurs after such date.
(3) Due date for tentative tax.--The due date under section
877A(h)(2) of the Internal Revenue Code of 1986, as added by
this section, shall in no event occur before the 90th day
after the date of the enactment of this Act.
______

By Mr. BINGAMAN (for himself, Mr. Roberts, Mr. Inhofe, Mrs.
Hutchison, Mr. Domenici, and Mr. Brownback):
S. 290. A bill to amend the Intermodal Surface Transportation
Efficiency Act of 1991 to identify a route that passes through the
States of Texas, New Mexico, Oklahoma, and Kansas as a high priority
corridor on the National Highway System; to the Committee on
Environment and Public Works.
Mr. BINGAMAN. Mr. President, I rise today to introduce legislation
that will enhance the future economic vitality of communities in Otero,
Lincoln, Torrance, Guadalupe, and Quay Counties. The purpose of this
legislation is to focus attention on the need to upgrade U.S. Highway
54 to four lanes. I believe improving the transportation infrastructure
will help attract good jobs to South, Central, and Eastern New Mexico.
I am honored to have my good friend and colleague, Senator Roberts,
as the lead cosponsor of the bill. I am also pleased to have Senators
Inhofe, Hutchison, Domenici and Brownback as original cosponsors.
In addition, Representatives Udall, NM, Moran, Lucas, Thornberry,
Pearce, and Reyes are introducing this bill today on the House side.
Our bill designates U.S. Highway 54 from the border with Mexico at El
Paso, TX, through New Mexico, and Oklahoma to Wichita, KS, as the
Southwest Passage Initiative for Regional and Interstate
Transportation, or SPIRIT, corridor. Congress has already included
Highway 54 as part of the National Highway System. This bill adds the
SPIRIT Corridor in Congress's list of High Priority Corridors on the
National Highway System.
About half of the 700-mile-long SPIRIT corridor is in New Mexico and
another 200 miles of it are in Kansas. Our goal with this designation
is to promote the development of this route into a full four-lane
divided highway. When completed, the route will link rural areas in the
four States to major market centers.
I continue to believe strongly in the importance of highway
infrastructure for economic development in my State. Even in this age
of the new economy and high-speed digital communications, roads
continue to link our communities together and to carry the commercial
goods and products our citizens need. Safe and efficient highways are
especially important to citizens in the rural parts of New Mexico.
It is well known that regions with four-lane highways more readily
attract out-of-State visitors and new jobs. Truck drivers and the
traveling public prefer the safety of a four-lane divided highway.
In New Mexico, US 54 is a fairly level route, bypassing New Mexico's
major mountain ranges. The route also traverses some of New Mexico's
most dramatic scenery, including two of the State's popular Scenic
Byways. One is the Mesalands Scenic Byway in Guadalupe, San Miguel and
Quay Counties, incorporating the beautiful tablelands known as El Llano
Estacado. The other is the state's newest byway, La Frontera de Llano,
which follows highway 39 from Logan to Abbott in Harding County,
including the spectacular Canadian River Canyon and the Kiowa National
Grasslands.
The SPIRIT corridor passes through Alamogordo, home of the New Mexico
Museum of Space History and gateway to the stunning White Sands
National Monument.
Highway 54 is also important to our nation from the perspective of
national security. The route directly serves Fort Bliss, the White
Sands Missile Range, and Holloman Air Force Base. It also passes
through the Nation's breadbasket as well as some of the Nation's most
important oil and gas fields.
The route of the SPIRIT corridor starts at Juarez, Chihuahua, Mexico,
home of one the largest concentrations of manufacturing in the border
region. As a result of increased trade under NAFTA, commercial border
traffic is now much higher at the border crossings in El Paso, Texas,
and Santa Teresa, New Mexico. In New Mexico, truck traffic from the
border has risen to over 1000 per day and is expected to triple in the
next twenty years.
The SPIRIT corridor is perfectly situated to serve international
trade and promote economic development along its entire route. The
route provides direct connections to four major Interstate Highways: I-
10, I-35, I-40, and I-70. SPIRIT is also the shortest route between
Chicago and El Paso, shaving 137 miles off the major alternative.
Though much of US 54 is currently only two lanes, traffic has been
rising dramatically along the entire route since NAFTA was implemented.
In New Mexico, total daily traffic levels are nearing 10,000 and are
projected to rise to 30,000, with trucks making up 35 percent of the
total. In Oklahoma, traffic levels are up to 6,500 per day--40 percent
of which are commercial trucks. These traffic statistics clearly
reflect the SPIRIT corridor's attraction to commercial and passenger
drivers.
New Mexicans recognize the importance of efficient roads to economic
development and safety. I have long supported my state's efforts to
complete the four-lane upgrade of US 54. The State Highway and
Transportation Department now rates the project a high priority for New
Mexico. The four-lane upgrade of the first 56-mile segment from the
Texas border to Alamogordo was completed last year. Two more sections
in New Mexico remain to be upgraded: 163 miles from Tularosa, north
through Carrizozo, Corona, and

[[Page S1898]]

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

S. 290

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

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

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

OCEDC, Otero County,

Economic Development Council, Inc.,

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

Resolution No. 2001-37

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

City of Alamogordo,

Office of the Mayor,

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

Alamogordo Chamber of Commerce,

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

Oklahoma Department of

Transportation,

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

[[Page S1899]]

____
Kansas Department of Transportation,Office of the
Secretary of Transportation,
Topeka, KS, April 15, 2002.
Hon. Jeff Bingaman,
U.S. Senate,
Washington, DC.
Dear Senator Bingaman: The Kansas Department of
Transportation is supportive of the efforts of the Southwest
Passage Initiative for Regional and Interstate Transportation
(S.P.I.R.I.T.) to designate US-54 as a High Priority Corridor
on the National Highway System.
The legislation which you recently co-sponsored, S. 1986,
would recognize the efforts of the S.P.I.R.I.T. organization
and their years of hard work to develop US-54 as a major
trade corridor.
Thank you for your support of S.P.I.R.I.T. and US-54.
Sincerely,
E. Dean Carlson,
Secretary of Transportation.
______

By Mr. GRAHAM of South Carolina:
S. 291. A bill to increase the amount of student loans that may be
forgiven for teachers in mathematics, science, and special education;
to the Committee on Health, Education, Labor, and Pensions.
Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 291

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

SECTION 1. SHORT TITLE.

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

SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS.

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

By Mr. GRAHAM of South Carolina:

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

S. 292

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

SECTION 1. FAIR LABOR STANDARDS ACT OF 1938.

Section 13(a) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(a)) is amended by inserting after paragraph (3)
the following:
``(4) any employee employed as a licensed funeral director
or a licensed embalmer; or''.
______

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

S. 293

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

SECTION 1. SHORT TITLE.

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

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

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

[[Page S1900]]

``(1) In general.--In the case of an individual who is
recognized by the Alaska Eskimo Whaling Commission as a
whaling captain charged with the responsibility of
maintaining and carrying out sanctioned whaling activities
and who engages in such activities during the taxable year,
the amount described in paragraph (2) (to the extent such
amount does not exceed $10,000 for the taxable year) shall be
treated for purposes of this section as a charitable
contribution.
``(2) Amount described.--
``(A) In general.--The amount described in this paragraph
is the aggregate of the reasonable and necessary whaling
expenses paid by the taxpayer during the taxable year in
carrying out sanctioned whaling activities.
``(B) Whaling expenses.--For purposes of subparagraph (A),
the term `whaling expenses' includes expenses for--
``(i) the acquisition and maintenance of whaling boats,
weapons, and gear used in sanctioned whaling activities,
``(ii) the supplying of food for the crew and other
provisions for carrying out such activities, and
``(iii) storage and distribution of the catch from such
activities.
``(3) Sanctioned whaling activities.--For purposes of this
subsection, the term `sanctioned whaling activities' means
subsistence bowhead whale hunting activities conducted
pursuant to the management plan of the Alaska Eskimo Whaling
Commission.''
(b) Effective Date.--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2002.
______

By Ms. MURKOWSKI:
S. 294. A bill to eliminate the sunset for the determination of the
Federal medical assistance percentage for Alaska under the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000; to
the Committee on Finance.
Ms. MURKOWSKI. Mr. President, I speak today on behalf of Alaska's
most vulnerable individuals, our children, the disabled, and the
elderly poor. Since its enactment in 1965, the Medicaid program has
helped States provide low-income and disabled individuals with access
to vital health care services. In 1997, Congress allowed States to take
on certain health-related responsibilities for children. The Denali Kid
Care program, a Medicaid expansion, has been very successful in
providing health services for Alaskan children. Unfortunately, under
current law many Alaskans who rely on this program could lose some or
all of their Medicaid coverage. This is because Alaska's Federal
Medical Assistance percentage, FMAP, adjustment, a correction to the
Medicaid formula due to the high cost of health care in Alaska, will
expire within the next 2 fiscal years. An FMAP correction is necessary
for Alaska because this ``one-size-fits-all'' formula does not account
for variations in cost-of-living, and does not consider Alaska's higher
federally mandated poverty level.
First of all, the FMAP formula was developed in 1946, 13 years before
Alaska was admitted to the Union. This archaic formula is used to
calculate the Federal share of Medicaid costs for each State. The
calculations are based on the per capita income of individual States
relative to the national per capita income. In this way, States with
higher per capita incomes end up paying a higher percentage of their
Medicaid costs. This formula appears to work well for States near the
national norms for most economic indicators. It most certainly does not
work in the State of Alaska, however, where these economic indicators
appear more frequently as statistical exceptions and outlyers.
The problem is fairly simple: it just costs more to do business in
Alaska, and this includes health care. A national per capita income
threshold is not a fair indicator unless it takes into account the cost
of living in that area. The cost-of-living adjustment for Federal
employees in Alaska suggests that it costs 25 percent more to live in
Alaska than in the lower 48, and Federal employee salaries are adjusted
accordingly. A dollar simply does not buy the same thing in Alaska that
it does in the lower 48.
This is especially true for health care costs. Estimates suggest
that, on average, it costs up to 71 percent more to deliver health care
services in Alaska. American Hospital Association data shows that
Alaska has the highest average expense per hospital admission of any
State in the Nation. But let's talk real numbers again. If you were to
be admitted to a hospital in Oregon, on average the cost would be
$6,649.00; in Alaska the same average hospital stay costs almost
double, $10,859.00. There are also higher costs associated with limited
road access and necessary air ambulance service for rural and isolated
communities, but the Medicaid FMAP formula does not consider any of
these additional costs.

In addition to the higher cost of services in Alaska, the Federal
Government sets the poverty level 20 percent higher in Alaska than in
any of the lower 48 States. This means 1 out of every 5 Alaskans is
eligible for Medicaid. The problem is that this is essentially an
unfunded Federal mandate because the FMAP formula, again, does not
change to reflect this additional requirement. The higher demand for
services that results from the higher poverty level dilutes our
resources. The Medicaid FMAP formula was developed before Alaska became
a State and does NOT provide the funds to cover all of those who are
eligible.
However, in 1997 and again in 2000, Congress recognized that the
Medicaid FMAP formula was unfair for Alaska and enacted an adjustment
to the formula. Due in part to this more equitable funding and a
careful re-allocation of resources, Alaska now: has the lowest age-
adjusted death rate for breast cancer in the Nation; has one of the
lowest infant mortality rates in the Nation; and has one of the lowest
percentages of low birth weight babies in the Nation.
These are encouraging statistics, but more can and must be done to
improve access to quality health care. All disabled and low-income
Americans, including Alaskans, have been assured access to quality
medical care. Alaska has proven it can deliver this quality care, but
only with the necessary adjustment to the FMAP formula that recognizes
the reality of Alaska's needs.
This issue is timely because the Congress has the opportunity to
allow the State of Alaska to plan for the future. Planning is the
essence of good management, and when it comes to health care, we must
allow States to plan for future needs. In short, the Federal Government
must remember its commitment to Alaskans, and allow my State a benefit
that all other states have, assurance that money for vital Medicaid
services will not just dry up and disappear.
Alaskans do not seek charity, we seek equity. The Congress has
supported this request twice before, and I ask for an additional
extension to honor Federal commitments to my state. The legislation
that I am introducing today will permanently adjust the Medicaid
formula for Alaska. I sincerely hope that my colleagues will support
this vital legislation that will preserve my State's ability to provide
health insurance to the most vulnerable Alaskans.
______

By Ms. MURKOWSKI:
S. 295. A bill to amend the Denali Commission Act of 1998 to
establish the Denali transportation system in the State of Alaska; to
the Committee on Energy and Natural Resources.
Ms. MURKOWSKI. Mr. President, I rise to introduce a bill to establish
the Denali Transportation System.
This bill in intended to help create in the same beneficial
transportation system in Alaska as exists for every other State in the
Union. It is patterned after a similar effort adopted years ago for the
Appalachian region, which has demonstrated beyond any doubt that
transportation investment is wise investment.
The bill authorizes the Secretary of Transportation to establish a
program to fund the costs of construction of the Denali Transportation
System, at a level of $450 million per year from Fiscal Year 2004
through Fiscal Year 2009. As new roads are constructed, they will
become part of the National Highway System.
As my colleagues are aware, Alaska's ability to develop a strong
economy for the benefit of the State and the nation is deeply impaired
by the lack of transportation. This affects all aspects of life in the
49th State, from the delivery of fuel and essential services to
individuals and families in our many remote villages, to our ability to
develop Alaska's abundance of valuable natural resources. Only our
major cities have modern roadways, and many of those remain isolated.
No State, or its citizens, can prosper without adequate
transportation systems. In much of the country, such systems have been
in place since before

[[Page S1901]]

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

S. 295

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

SECTION 1. SHORT TITLE.

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

SEC. 2. DENALI TRANSPORTATION SYSTEM.

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

``SEC. 309. DENALI TRANSPORTATION SYSTEM.

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

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

Section 310 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note; Public Law 105-277) (as redesignated by section
2(1)) is amended by striking subsection (a) and inserting the
following:
``(a) In General.--There are authorized to be appropriated
to the Commission--
``(1) to carry out the duties of the Commission under this
title (other than section 309), and in accordance with the
work plan approved under section 304, such sums as are
necessary for fiscal year 2003; and
``(2) to carry out section 309 $450,000,000 for each of
fiscal years 2004 through 2009.''.
______

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

S. 296

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

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

[[Page S1902]]

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

SEC. 3. STUDY AND REPORT.

(a) Study.--The Secretary of Defense shall conduct a study
that--
(1) identifies the veterans (as defined in section 101(2)
of title 38, United States Code) who died on or after
November 1, 1955, as a direct or indirect result of military
operations in southeast Asia and whose names are not eligible
for inscription on the memorial wall of the Vietnam Veterans
Memorial;
(2) evaluates the feasibility and equitability of revising
the eligibility requirements applicable to the inscription of
names on the memorial wall to be more inclusive of such
veterans; and
(3) evaluates the feasibility and equitability of creating
an appropriate alternative means of recognition for such
veterans.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report based on the study conducted under
subsection (a). The report shall include--
(1) the reasons (organized by category) that the names of
the veterans identified under subsection (a)(1) are not
eligible for inscription on the memorial wall under current
eligibility requirements, and the number of veterans affected
in each category;
(2) a list of the alternative eligibility requirements
considered under subsection (a)(2);
(3) a list of the alternative means of recognition
considered under subsection (a)(3); and
(4) the conclusions and recommendations of the Secretary of
Defense with regard to the feasibility and equitability of
each alternative considered.
(c) Consultations.--In conducting the study under
subsection (a) and preparing the report under subsection (b),
the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Secretary of the Interior;
(3) the Vietnam Veterans Memorial Fund, Inc.;
(4) the American Battle Monuments Commission;
(5) the Vietnam Women's Memorial, Inc.; and
(6) the National Capital Planning Commission.
______

By Mr. CAMPBELL:
S. 297. A bill to provide reforms and resources to the Bureau of
Indian Affairs to improve the Federal acknowledgement process, and for
other purposes; to the Committee on Indian Affairs.
Mr. CAMPBELL. Mr. President, today I am pleased to be joined by
Senator Inouye in introducing the ``Federal Acknowledgment Process
Reform Act of 2003''.
Since 1997 I have offered changes to the Federal Acknowledgment
Process, FAP, which is the process by which Indian groups are
``recognized'' by the United States as tribes.
Recognition of a tribal group as a tribe brings with it the
privileges, immunities and rights accorded to Indian tribes.
In recent years, the FAP has been described as ``broken'', ``too
lengthy'', ``too costly'', ``without integrity'', ``not transparent''
and ``inconsistently applied'' to name but a few.
For petitioners that have waited literally generations for a final
answer on their application, the process is too lengthy.
For petitioners of modest means driven to seek the financial support
of ``a backer'', the process is too costly.
For interested parties who feel compelled to file Freedom of
Information Act requests to secure information, the process is not
transparent.
And for the uninitiated and those not familiar with the governing
legal regime, the regulations do appear to be inconsistently applied.
The FAP has not been with us forever. In 1978, the Department of
Interior established regulations in the Code of Federal Regulations, 25
CFR Part 83, to ``establish a departmental procedure and policy for
acknowledging that certain American Indian groups exist as tribes.''
Since this administrative procedure was set up in 1978, over 270
groups have petitioned under the regulations, with 18 groups being
awarded acknowledgment as a tribe, and 19 groups having been denied.
This means that nearly 230 groups are still waiting to hear on their
petitions.
For those who think the Branch of Acknowledgment and Research, BAR,
is a serial grantor of recognition: just last week the Golden Hill
Paugussett group in Connecticut was preliminarily denied
acknowledgment.
The delays petitioners face have led to understandable frustration:
the Indian Affairs Committee has received testimony from groups where
the individuals that originally filed the petition have passed away,
and the struggle is carried on by their children, and even
grandchildren.
Some petitioners have become so tired of waiting that they have sued
the Secretary of Interior and some courts have forced the BAR to
produce decisions by dates-certain.
Unfortunately this ``queue jumping'' has created adverse incentives,
as more groups file lawsuits.
The kinks in the process have also caused understandable frustration
on the part of other, non-Indian groups. These frustrations have led to
voluminous Freedom of Information Act, FOIA, requests, and even
lawsuits, as these groups have tried to secure information or seek a
better understanding of the regulations.
As you might expect, once the lawsuits get started, paper starts
churning. The BAR staff testified to the Indian Affairs Committee that
their anthropologists, genealogists and historians spend 40 percent of
their time just making photo-copies in response to FOIA requests.
The bill I am introducing today will resolve many of the problems I
have described. It will do this first by introducing discipline into
the process. Under this bill would-be-petitioners must include enough
information in their ``letter of intent'' so that the BAR and other
interested parties have a better idea of the context of the group.
Obtaining more information will better assist the Secretary of Interior
in providing notices to the group and interested parties; and the bill
requires that such notices go out within 90 days, insuring timeliness.
Secondly, this bill will provide more resources to petitioners and
interested parties, based on the needs of the group or party, something
on which all observers of the process seem to be in agreement.
Third, this bill will provide more resources to the Department of
Interior, another point on which there seems to be wide agreement.
I do not propose to merely throw more money at this problem. Instead,
the bill establishes a research pilot project that will draw upon
independent research institutions and consultation with the Smithsonian
to expand the research capacity of the BAR.
The bill will also provide a resource to the Assistant Secretary that
is sorely needed: an independent research and advisory board that can
be called on by the Assistant Secretary to act as a peer reviewer and a
second source upon which the Assistant Secretary can base his
determination on a petition.
This board will consist of certified professionals and will be
available to the Assistant Secretary: 1. at his discretion, if the
Assistant Secretary and BAR disagree regarding whether particular
criterion have been met in a petition; and 2. to provide outside peer

[[Page S1903]]

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

S. 297

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS AND PURPOSES.

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

SEC. 3. DEFINITIONS.

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

[[Page S1904]]

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

SEC. 4. ACKNOWLEDGMENT PROCESS.

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

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

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

SEC. 5. DOCUMENTED PETITIONS.

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

[[Page S1905]]

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

[[Page S1906]]

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

SEC. 6. ADDITIONAL RESOURCES.

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

(I) confine the review to--

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

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

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

SEC. 7. INAPPLICABILITY OF FOIA.

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

[[Page S1907]]

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

SEC. 8. EFFECT AND IMPLEMENTATION OF DECISIONS.

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

SEC. 9. REGULATIONS.

The Secretary may--
(1) promulgate such regulations as are necessary to carry
out this Act; and
(2) maintain in effect all regulations contained in part 83
of title 25, Code of Federal Regulations (or any successor
regulations), that are not inconsistent with this Act.
______

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

[[Page S1908]]

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

S. 298

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

SECTION 1. SHORT TITLE.

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

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

(a) Income Tax Relief.--
(1) In general.--Subsection (d) of section 692 of the
Internal Revenue Code of 1986 (relating to income taxes of
members of Armed Forces and victims of certain terrorist
attacks on death) is amended by adding at the end the
following new paragraph:
``(5) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death
occurs in the line of duty, except that paragraph (3)(B)
shall be applied by using the date of the death of the
astronaut rather than September 11, 2001.''.
(2) Conforming amendments.--
(A) Section 5(b)(1) of such Code is amended by inserting
``, astronauts,'' after ``Forces''.
(B) Section 6013(f)(2)(B) of such Code is amended by
inserting ``, astronauts,'' after ``Forces''.
(3) Clerical amendments.--
(A) The heading of section 692 of such Code is amended by
inserting ``, ASTRONAUTS,'' after ``FORCES''.
(B) The item relating to section 692 in the table of
sections for part II of subchapter J of chapter 1 of such
Code is amended by inserting ``, astronauts,'' after
``Forces''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2002.
(b) Death Benefit Relief.--
(1) In general.--Subsection (i) of section 101 of the
Internal Revenue Code of 1986 (relating to certain death
benefits) is amended by adding at the end the following new
paragraph:
``(4) Relief with respect to astronauts.--The provisions of
this subsection shall apply to any astronaut whose death
occurs in the line of duty.''.
(2) Clerical amendment.--The heading for subsection (i) of
section 101 of such Code is amended by inserting ``or
Astronauts'' after ``Victims''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid after December 31, 2002, with
respect to deaths occurring after such date.
(c) Estate Tax Relief.--
(1) In general.--Section 2201(b) of the Internal Revenue
Code of 1986 (defining qualified decedent) is amended by
striking ``and'' at the end of paragraph (1)(B), by striking
the period at the end of paragraph (2) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(3) any astronaut whose death occurs in the line of
duty.''.
(2) Clerical amendments.--
(A) The heading of section 2201 of such Code is amended by
inserting ``, DEATHS OF ASTRONAUTS,'' after ``FORCES''.
(B) The item relating to section 2201 in the table of
sections for subchapter C of chapter 11 of such Code is
amended by inserting ``, deaths of astronauts,'' after
``Forces''.
(3) Effective date.--The amendments made by this subsection
shall apply to estates of decedents dying after December 31,
2002.
(d) Payments by Charitable Organizations.--
(1) In general.--For purposes of the Internal Revenue Code
of 1986--
(A) payments made by an organization described in section
501(c)(3) of such Code by reason of the death of an astronaut
occurring in the line of duty after December 31, 2002, shall
be treated as related to the purpose or function constituting
the basis for such organization's exemption under section 501
of such Code if such payments are made in good faith using a
reasonable and objective formula which is consistently
applied; and
(B) in the case of a private foundation (as defined in
section 509 of such Code), any payment described in paragraph
(1) shall not be treated as made to a disqualified person for
purposes of section 4941 of such Code.
(2) Effective date.--This subsection shall apply to
payments made after December 31, 2002.
______

By Ms. SNOWE (for herself and Ms. Collins):
S. 299. A bill to modify the boundaries for a certain empowerment
zone designation; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce legislation to
help reverse the devastating population decline and economic distress
that has plagued individuals and businesses in Maine's northernmost
county. Aroostook County. What the bill does is simple, it will bring
all of Aroostook County under the Empowerment Zone program.
To fully grasp the importance of this legislation, it is necessary to
understand the unique situation facing the residents of Aroostook
County. ``The County'', as it is called by Mainers, is a vast and
remote region of Maine known for its expansive forest tracts and rugged
terrain. As the northernmost county, it shares more of its border with
Canada than its neighboring Maine counties, and has the distinction of
being the largest county east of the Mississippi River. Its geographic
isolation is even more acute when considering that the county's
relatively small population of 76,000 people are scattered throughout
6,672 square miles of rural countryside. There are 208 townships in
Aroostook County, however, well over half of the territory remains
unorganized as forestland or wilderness.
Anyone traveling in Aroostook County can appreciate what these
numbers cannot fully convey. Visiting many remote communities in
Aroostook County by car requires navigating long distances on isolated
roads, often in wintery conditions. Access by public ground
transportation is nonexistent, and air travel is accessible only in the
County's two largest towns, each of which has less than 10,000 people.
As profound as this geographic isolation may seem, it is the economic
isolation and out-migration that has had the most devastating impact on
the region. The economy of northern Maine has a historical dependence
upon its natural resources, particularly forestry and agriculture.
While these industries served the region well in previous decades, and
continue to form the underpinnings of the local economy, many of these
sectors have experienced decline and can no longer provide the number
and type of quality jobs that residents need. The decline in the
region's economy was further punctuated by the closure of Loring Air
Force Base in Limestone in 1994. The Maine State Planning Office
estimated that the base closure resulted in the loss of 3,494 jobs
directly related to the base and another 1,751 in associated industry
sectors, for a total loss of $106.9 million annual payroll dollars.
While officials in the region have put forward a Herculian effort to
redevelop the region, with nearly 1,000 new jobs at the Loring Commerce
Center alone--Aroostook County is still experiencing a significant
``job deficit'', and as a result continues to lose population at an
alarming rate. Since its peak in 1960, northern Maine's population has
declined by 30 percent to its current level of 76,330. Unfortunately,
the Main State Planning Offset predicts that Aroostook County will
continue losing population as more workers leave the area to seek
opportunities and higher wages in southern Maine and the rest of New
England.
In January 2002, a portion of Aroostook County was one of two regions
that received Empowerment Zone status from the USDA for out-migration.
The entire county experienced an out-migration of 15 percent from
86,936 in 1990 to 76,330 in 2000. Moreover, a shocking 40 percent of 15
to 29-year olds left during the last decade.
The current zone boundaries were chosen based on the criteria that
Empowerment Zones be no larger than 1,000 square miles, contain no more
than 3 non-contiguous parcels, and have no more than three developable
sites greater than 2,000 acres in aggregate. The lines drawn for the
Aroostook County Empowerment Zone were considered to be the most
inclusive and reasonable given the constraints of the program. However,
some of the most distressed communities that have lost substantial
population are not in the Empowerment Zone, and economic factors for
these communities are the same as those areas within the Empowerment
Zone.
The legislation I am introducing would provide economic development
opportunities to all reaches of Aroostook County by extending
Empowerment Zone status to the entire county. This inclusive approach
recognizes that the economic decline and population

[[Page S1909]]

out-migration are issues that entire region must confront, and, as
evidenced by their successful Round III EZ application, they are
attempting to confront. I believe the challenges faced by Aroostook
County are significant, but not insurmountable. This legislation would
make great strides in improving the communities and business in
northern Maine, and I urge my colleagues to join me to support this
important bill.
Ms. COLLINS. Mr. President, I am pleased to join my colleague,
Senator Olympia Snowe, in introducing legislation that will modify the
borders of the Aroostook County Empowerment Zone to include the entire
County so that the benefits of Empowerment Zone designation can be
fully realized in northern Maine.
The Department of Agriculture's Empowerment Zone program addresses a
comprehensive range of community challenges, including many that have
traditionally received little federal assistance, reflecting the fact
that rural problems do not come in standardized packages but can vary
widely from one place to another. The Empowerment Zone program
represents a long-term partnership between the federal government and
rural communities, ten years in most cases, so that communities have
enough time to implement projects to build the capacity to sustain
their development beyond the term of the partnership. An Empowerment
Zone designation gives designated regions potential access to millions
of dollars in federal grants for social services and community
redevelopment as well as tax and regulatory relief over a ten-year
period.
Aroostook County is the largest county east of the Mississippi River.
Yet, despite the impressive character and work ethic of its citizens,
the County has fallen on hard times. The 2000 Census indicated a 15
percent loss in population since 1990. Loring Air Force Base, which was
closed in 1994, also caused an immediate out-migration of 8,500 people
and a further out-migration of families and businesses that depended on
Loring for their customer base.
Unfair trade practices have also struck a blow to the County's
economy. Aroostook shares more border miles with Canada than most
northern states. It is bordered for approximately 280 miles to the
west, north and east by Canada. Canadian farmers and businesses have
been extremely competitive in Aroostook business markets; as a result,
farmers have experienced a loss in sales which has caused a drop in the
potato acreage planted, additional job loss, and still more people
migrating from Aroostook County. Aroostook's economic situation has
been further worsened by the strong value of the Canadian dollar in
relation to the U.S. dollar and the restrictive personal exemption duty
limits that Canada imposes on its citizens when they make shopping
trips to U.S. businesses on the border.
In response to these developments, the Northern Maine Development
Commission and other economic development organizations, the private
business sector, and community leaders in Aroostook have joined forces
to stabilize, diversity, and grow the area's economy. They have
attracted some new industries and jobs. As a native of Aroostook
County, I can attest to the strong community support that will ensure a
successful partnership with the U.S. Department of Agriculture.
Designating this region of the United States as an Empowerment Zone
is vital to its future economic prosperity. However, the restriction
that the Empowerment Zone be limited to 1,000 square miles prevents all
of Aroostook's small rural communities from benefiting from this
tremendous program. Aroostook covers some 6,672 square miles but has a
population of only 74,000. Including all of the County in the
Empowerment Zone will guarantee that parts of the County will not be
left behind as economic prosperity returns to the area. It does little
good to have a company move from one community to another within the
County simply to take advantage of EZ benefits.
America's greatest success can only be achieved when everyone has the
opportunity to enjoy the fruits of a strong economy. It is only fair
that all of Aroostook County's population be given the opportunity to
fully benefit from the Empowerment Zone Program.
______

By Mr. KERRY (for himself, Mr. McCain, Mr. Kennedy, Mr. Daschle,
Mr. Schumer, and Mr. Lieberman):
S. 300. A bill to award a congressional gold medal to Jackie Robinson
(posthumously), in recognition of his many contributions to the Nation,
and to express the sense of Congress that there should be a national
day in recognition of Jackie Robinson; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. KERRY. Mr. President, I am proud to join today with my good
friend Senator McCain to introduce our bill to award Jackie Robinson
the Congressional Gold Medal. Bestowing upon Jackie Robinson this great
honor recognizes not only his stunning athletic accomplishments but
also his profound contribution to the advancement of civil rights in
the United States.
Jackie Roosevelt Robinson was born on January 31, 1919, in Cairo, GA
and was the youngest of 5 children. Robinson attended the University of
California at Los Angeles where he lettered in football, basketball,
baseball, and track, and he was widely regarded as the finest all-
around athlete at that time. After a three-year stint in the U.S. Army,
Jackie Robinson began playing professional baseball, at first in the
American Negro League. Then in 1947, in a historic move that ended
decades of discrimination against blacks in baseball, Jackie Robinson
became the first African-American to sign a Major League Baseball
contract. That same year he won the National League's Rookie of the
Year Award. In 1949, he was voted the National League's Most Valuable
Player by the Baseball Writers Association, and in 1962, he was elected
to the Baseball Hall of Fame.
Jackie Robinson's signing to the Brooklyn Dodgers in 1947 is so
significant because it came before the United States military was
desegregated, before the civil rights marches in the South, and before
the historic ruling in Brown v. The Board of Education, and it engaged
the American people in a constructive conversation about race. Off the
field Jackie Robinson was a business leader, a civil rights leader, and
a human rights leader. As one of the most popular people in America, in
one poll in 1947 he finished ahead of President Harry Truman, General
Dwight Eisenhower, General Douglas MacArthur, and Bob Hope, finishing
only behind Bing Crosby, Jackie Robinson encouraged the fair treatment
of all people. His ideas and principles influenced some of America's
greatest politicians, including John F. Kennedy and Dwight Eisenhower.
Jackie Robinson was more than a sports hero he was an American hero.
And it is time for Congress to recognize his heroic contributions. On
January 31, 2003 on what would have been Jackie Robinson's 84th
birthday, a seminar entitled ``Red Sox Tribute to Jackie Robinson'' was
held at Fenway Park in Boston. During that tribute Larry Lucchino,
President and CEO of the Boston Red Sox, aptly summed up Jackie
Robinson's off-field contributions to American society. He said,
``Martin Luther King once said that he could not do what he was doing
unless Jackie Robinson had done what he did.''
I urge my colleagues to join us in honoring this great American by
cosponsoring our bill to award him the Congressional Gold Medal.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 300

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

SECTION 1. FINDINGS.

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

[[Page S1910]]

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

SEC. 2. CONGRESSIONAL GOLD MEDAL.

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

SEC. 3. DUPLICATE MEDALS.

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

SEC. 4. STATUS AS NATIONAL MEDALS.

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

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 6. SENSE OF CONGRESS.

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

____________________