S.Amdt. 862Senate108th Congress (2003-2005)

In the nature of a substitute.

Submitted June 5, 2003

Legislative Activity

Stay on top of the latest movement without scrolling through every action

5 earlier actions
Floor Latest Action

Senate amendment submitted

June 5, 2003

View full timeline
Floor

Senate amendment submitted

June 5, 2003

Floor

Senate amendment agreed to: Amendment SA 862 agreed to in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 210.

June 5, 2003

Floor

Roll call votes on amendments in Senate: Amendment SA 862 agreed to in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 210.

June 5, 2003

Floor

Senate amendment proposed (on the floor): Amendment SA 862 proposed by Senator Grassley.(consideration: CR S7449-7456)

June 5, 2003

Floor

Amendment SA 862 proposed by Senator Grassley. (consideration: CR S7449-7456) In the nature of a substitute.

June 5, 2003

Floor

Amendment SA 862 agreed to in Senate by Yea-Nay Vote. 94 - 2. Record Vote Number: 210.

June 5, 2003

Text

Submitted

TEXT OF AMENDMENTS

SA 854. Mrs. BOXER (for herself, Mr. Lugar, and Ms. Cantwell)
proposed an amendment to amendment SA 850 proposed by Mr. Domenici (for
Mr. Frist (for himself, Mr. Daschle, Mr. Inhofe, Mr. Dorgan, Mr. Lugar,
Mr. Johnson, Mr. Grassley, Mr. Harkin, Mr. Hagel, Mr. Durbin, Mr.
Voinovich, Mr. Nelson of Nebraska, Mr. Talent, Mr. Dayton, Mr. Coleman,
Mr. Edwards, Mr. Crapo, Mr. Conrad, Mr. DeWine, Mr. Baucus, Mr.
Bunning, and Mr. Bond)) to the bill S. 14, to enhance the energy
security of the United States, and for other purposes; as follows:

On page 8, strike lines 16 through 19 and insert the
following:
``(4) Cellulosic biomass ethanol.--For the purpose of
paragraph (2), 1 gallon of cellulosic biomass ethanol--
``(A) shall be considered to be the equivalent of 1.5
gallons of renewable fuel; or
``(B) if the cellulosic biomass is derived from
agricultural residue, shall be considered to be the
equivalent of 2.5 gallons of renewable fuel.
______

SA 855. Mr. DAYTON submitted an amendment intended to be proposed by
him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows;

On page 454, strike lines 5 through 9.
______

SA 856. Mrs. BOXER (for herself, Mr. Leahy, Mr. Durbin, Mrs.
Feinstein, Mrs. Clinton, Mr. Jeffords, and Mr. Lautenberg) proposed an
amendment to amendment SA 850 proposed by Mr. Domenici (for Mr. Frist
(for himself, Mr. Daschle, Mr. Inhofe, Mr. Dorgan, Mr. Lugar, Mr.
Johnson, Mr. Grassley, Mr. Harkin, Mr. Hagel, Mr. Durbin, Mr.
Voinovich, Mr. Nelson of Nebraska, Mr. Talent, Mr. Dayton, Mr. Coleman,
Mr. Edwards, Mr. Crapo, Mr. Conrad, Mr. DeWine, Mr. Baucus, Mr.
Bunning, and Mr. Bond)) to the bill S. 14, to enhance the energy
security of the United States, and for other purposes; as follows:

Beginning on page 18, strike line 16 and all that follows
through page 19, line 17, and insert the following:
``(p) Renewable Fuels Safe Harbor.--Notwithstanding any
other provision of Federal or State law, a renewable fuel
used or intended to be used as a motor vehicle fuel, or any
motor vehicle fuel containing renewable fuel, shall be
subject to liability standards that are not less protective
of human health, welfare, and the environment than any other
motor vehicle fuel or fuel additive.''.
______

SA 857. Mr. KOHL (for himself and Mr. Feingold) submitted an
amendment intended to be proposed by him to the bill S. 14, to enhance
the energy security of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

On page 150, line 4, strike lines 4-11 and insert the
following and renumber accordingly:

SEC. 442. DECOMMISSIONING PILOT PROGRAM

(a) Pilot Program.--The Secretary shall establish a
decommissioning pilot program:
(1) to decommission and decontaminate the sodium-cooled
fast breeder experimental test-site reactor located in
northwest Arkansas in accordance with the decommissioning
activities contained in the August 31, 1998 Department of
Energy report on the reactor; and
(2) to develop and demonstrate advanced state-of-the art
nuclear fuel management, storage, transportation, and
eventual advanced nuclear technology disposition alternatives
through a cooperative research and development agreement
utilizing the demonstration reactor remaining from the
Cooperative Power Reactive Demonstration Program (Pub. L. No.
87-315, Sec. 109, 75 Stat. 679), the Dairyland Power
Cooperative La Crosse Boiling Water Reactor.
(A) The project shall include planning, research and
development, design, construction and demonstration of
advanced and alternative approaches to handling loading and
transportation of both canned and uncannistered stainless
steel and zircalloy clad nuclear fuel, and
(B) The project shall explore technical and economic
feasibility of alternative approaches to nuclear fuel
management and storage, transportation, and eventual advanced
nuclear technology disposition alternatives.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section:
(1) for the pilot program described in subsection (a)(1)
above, $16,000,000; and
(2) for the pilot program described in subsection (a)(2)
above, $5,000,000 per year until such time as all of the
nuclear fuel is removed by the Department of Energy from La
Crosse Boiling Water Reactor site, but not to exceed a total
of $25,000,000.
______

SA 858. Mr. KOHL (for himself and Mr. Feingold) submitted an
amendment intended to be proposed by him to the bill S. 14, to enhance
the energy security of the United States, and for other purposes; which
was ordered to lie on the table; and follows:

On page 150, line 4, insert the following new section and
renumber accordingly:

``SECTION. REACTOR DEMONSTRATION PROGRAM.

(a) Definitions.--For purposes of this section--
``(1) the term ``contract holder'' means a party to a
contract with the Secretary of Energy for the disposal of
spent nuclear fuel or high-level radioactive waste entered
into pursuant to section 302(a) of the Nuclear Waste Policy
Act of 1982 (42 U.S.C. 10222(a)); and
``(2) the terms ``Administrator'', ``civilian nuclear power
reactor'', ``Commission'', ``Department'', ``disposal'',
``high-level radioactive waste'', ``Indian tribe'',
``repository'', ``reservation'', ``Secretary'', ``spent
nuclear fuel'', ``State'', ``storage'', ``Waste Fund'', and
``Yucca Mountain site'' shall have the meanings given such
terms in section 2 of the Nuclear Waste Policy Act of 1982
(42 U.S.C. 10101).
(b) Reactor Demonstration Program Settlement Authority.--
Not later than 120 days after the date of enactment of this
Act, and notwithstanding Section 302(a)(5) of the Nuclear
Waste Policy Act of 1982 (42 U.S.C. 10222(a)(5)), the
Secretary is authorized to take title to the spent nuclear
fuel withdrawn from the demonstration reactor remaining from
the Cooperative Power Reactor Demonstration Program (Pub. L.
No. 87-315, Sec. 109, 75 State. 679), the Dairyland Power
Cooperative La Crosse Boiling Water Reactor. Immediately upon
the Secretary's taking title to the Dairyland Power
Cooperative La Crosse Boiling Water Reactor spent nuclear
fuel, the Secretary shall assume all responsibility and
liability for the interim storage and permanent disposal
thereof and is authorized to compensate Dairyland Power
Cooperative for any costs related to operating and
maintaining facilities necessary for such storage, from the
date of taking title until the Secretary removes the spent
nuclear fuel from the La Crosse Boiling Water Reactor site.
The Secretary's obligation to take title or compensate the
holder of the La Crosse Boiling Water Reactor spent nuclear
fuel under this subsection shall include all of such fuel,
regardless of the delivery commitment schedule for such fuel
under the Secretary's contract with the Dairyland Power
Cooperative as the contract holder under Section 302(a) of
the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) or
the acceptance schedule for such fuel. The settlement
agreement may also include terms to--
(1) relieve any harm caused by the Secretary's failure to
meet the Department's commitment, or

[[Page S7499]]

(2) settle any legal claims against the United States
arising out of such failure.
(c) Waiver of Claims.--As a condition to the Secretary's
taking of title to the La Crosse Boiling Water Reactor spent
nuclear fuel, the contract holder for such fuel shall enter
into a settlement agreement containing a waiver of claims
against the United States as provided in this section.
Nothing in this section shall be read to require a contract
holder to waive any future claim against the United States
arising out of the Secretary's failure to meet any new
obligations assumed under a settlement agreement or backup
storage agreement, including the acceptance of spent fuel and
high-level waste in accordance with the acceptance schedule
currently established or as may be established in the future.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to pay the
costs incurred by the Secretary pursuant to a settlement
agreement negotiated pursuant to this section that are not
otherwise eligible for payment from the Nuclear Waste Fund.
(e) Savings Clause.--(1) Nothing in this section shall
limit the Secretary's existing authority to enter into
settlement agreements or address shutdown reactors and any
associated public health and safety or environmental concerns
that may arise.
(2) Nothing in this section diminishes obligations imposed
upon the Federal Government by the United States District
Court of Idaho in an order entered on October 17, 1995 in
United States v. Batt (No. 91-0054-S-EJL). To the extent this
Act imposes obligations on the Federal Government that are
greater than those imposed by the court order, the provisions
of this Act shall prevail.''
______

SA 859. Mr. KOHL (for himself and Mr. Feingold) submitted an
amendment intended to be proposed by him to the bill S. 14, to enhance
the energy security of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

On page 194, line 12, insert the following and renumber
accordingly:

SEC. 606. FEDERAL ENERGY BANK.

Part 3 of title V of the National Energy Conservation
Policy Act is amended by adding at the end the following:

SEC. 553. FEDERAL ENERGY BANK.

``(a) Definitions.--In this section:
``(1) Bank.--The term `Bank' means the Federal Energy
Bank established by subsection (b).
``(2) Energy or water efficiency project.--The term
`energy or water efficiency project' means a project that
assists a Federal agency in meeting or exceeding the energy
water efficiency requirements of--
``(A) this part;
``(B) title VIII;
``(C) subtitle F of title I of the Energy Policy Act of
1992 (42 U.S.C. 8262 et seq.); or
``(D) any applicable Executive order, including Executive
Order No. 13123.
``(3) Federal agency.--The term `Federal agency' means--
``(A) an Executive agency (as defined in section 105 of
title 5, United States Code);
``(B) the United States Postal Service;
``(C) Congress and any other entity in the legislative
branch; and
``(D) a Federal court and any other entity in the
judicial branch.
``(b) Establishment of Bank.--
``(1) In general.--There is established in the Treasury
of the United States a fund to be known as the `Federal
Energy Bank', consisting of--
``(A) such amounts as are deposited in the Bank under
paragraph (2);
``(B) such amounts as are repaid to the Bank under
subsection (c)(2)(D); and
``(C) any interest earned on investment of amounts in the
Bank under paragraph (3).
``(2) Deposits in bank.--
``(A) In General.--Subject to the availability of
appropriations and to subparagraph (B), the Secretary of the
Treasury shall deposit in the Bank an amount equal to
$250,000,000 in fiscal year 2004 and in each fiscal year
thereafter.
``(B) Maximum amount in bank.--Deposits under subparagraph
(a) shall cease beginning with the fiscal year following the
fiscal year in which the amounts in the Bank (including
amounts on loan from the Bank) become equal to or exceed
$1,000,000,000.
``(3) Investment of amounts.--The Secretary of the Treasury
shall invest such portion of the Bank as is not, in the
judgment of the Secretary, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
``(c) Loans From the Bank.--
``(1) In general.--The Secretary of the Treasury shall
transfer from the Bank to the Secretary such amounts as are
appropriated to carry out the loan program under paragraph
(2).
``(2) Loan program.--
``(A) Establishment.--
``(i) In general.--In accordance with subsection (d), the
Secretary, in consultation with the Secretary of Defense, the
Administrator of General Services, and the Director of the
Office of Management and Budget, shall establish a program to
make loans of amounts in the Bank to any Federal agency that
submits an application satisfactory to the Secretary in order
to pay the costs of a project described in subparagraph (C).
``(ii) Commencement of operations.--The Secretary may
begin--
``(I) accepting applications for loans from the Bank in
fiscal year 2003; and
``(II) making loans from the Bank in fiscal year 2004.
``(B) Energy savings performance contracting funding.--To
the extent practicable, an agency shall not submit a project
for which energy performance contracting funding is available
and is acceptable to the Federal agency under title VIII.
``(C) Purposes of loan.--
``(i) In general.--A loan from the Bank may be used to
pay--
``(I) the costs of an energy or water efficiency project,
or a renewable or alternative energy project, for a new
or existing Federal building (including selection and
design of the project);
``(II) the costs of energy metering plan and metering
equipment installed pursuant to section 543(e) or for the
purpose of verification of the energy savings under an energy
savings performance contract under title VIII; or
``(III) at the time of contracting, the costs of cofunding
of an energy savings performance contract (including a
utility energy service agreement) in order to shorten the
payback period of the project that is the subject of energy
savings performance contract.
``(ii) Limitation.--A Federal agency may use not more than
10 percent of the amount of a loan under subclause (I) or
(II) of clause (i) to pay the costs of administration and
proposal development (including data collection and energy
surveys).
``(iii) Renewable and alternative energy Projects.--Not
more than 25 percent of the amount on loan from the Bank at
any time may be loaned for renewable energy and alternative
energy projects (as defined by the Secretary in accordance
with applicable law (including Executive Orders)).
``(D) Repayments.--
``(i) In general.--Subject to clauses (ii) through (v), a
Federal agency shall repay to the Bank the principal amount
of a loan plus interest at a rate determined by the
President, in consultation with the Secretary and the
Secretary of the Treasury.
``(ii) Waiver or reduction of interest.--The Secretary may
waive or reduce the rate of interest required to be paid
under clause (i) if the Secretary determines that payment of
interest by a Federal agency at the rate determined under
that clause is not required to fund the operations of the
Bank.
``(iii) Determination of interest rate.--The interest rate
determined under clause (i) shall be at a rate that is
sufficient to ensure that, beginning not later than October
1, 2007, interest payments will be sufficient to fully fund
the operations of the Bank.
``(iv) Insufficiency of appropriations.--
``(I) Request for appropriations.--As part of the budget
request of the Federal agency for each fiscal year, the head
of each Federal agency shall submit to the President a
request for such amounts as are necessary to make such
repayments as are expected to become due in the fiscal
year under this subparagraph.
``(II) Suspension of repayment requirement.--If, for any
fiscal year, sufficient appropriations are not made available
to a Federal agency to make repayments under this
subparagraph, the Bank shall suspend the requirement of
repayment under this subparagraph until such appropriations
are made available.
``(E) Federal agency energy budgets.--Until a loan is
repaid a Federal agency budget submitted by the President to
Congress for a fiscal year shall not be reduced by the value
of energy savings accrued as a result of any energy
conservation measure implemented using amounts from the Bank.
``(F) No rescission or reprogramming.-- A Federal agency
shall not rescind or reprogram loan amounts made available
from the Bank except as permitted under guidelines and issued
under subparagraph (G).
``(G) Guidelines.--The Secretary shall issue guidelines for
implementation of the loan program under this paragraph,
including selection criteria, maximum loan amounts, and loan
repayment terms.
``(d) Selection Criteria.--
``(1) In general.--The Secretary shall establish criteria
for the selection of projects to be awarded loans in
accordance with paragraph (2).
``(2) Selection criteria.--
``(A) In general.--The Secretary may make loans from the
Bank only for a project that--
``(i) is technically feasible;
``(ii) is determined to be cost-effective using life cycle
cost methods established by the Secretary;
``(iii) includes a measurement and management component,
based on the measurement and verification protocols of the
Department of Energy, to--
``(I) commission energy savings for new and existing
Federal facilities;
``(II) monitor and improve energy efficiency management at
existing Federal facilities; and
``(III) verify the energy savings under an energy savings
performance contract under title VIII; and
(iv)(I) in the case of a renewable energy or alternative
energy project, has a simple payback period of not more than
15 years; and
``(II) in the case of any other project, has a simple
payback period of not more than 10 years.
``(B) Priority.--In selecting projects, the Secretary shall
give priority to projects that--
``(i) are a component of a comprehensive energy management
project for a Federal facility; and

[[Page S7500]]

``(ii) are designed to significantly reduce the energy use
of the Federal facility.
``(e) Reports and Audits.--
``(1) Reports to the secretary.--Not later than 1 year
after the completion of installation of a project that has a
cost of more than $1,000,000, and annually thereafter, a
Federal agency shall submit to the Secretary a report that--
``(A) states whether the project meets or fails to meet the
energy savings projections for the project; and
``(B) for each project that fails to meet the energy
savings projections, states the reasons for the failure and
describes proposed remedies.
``(2) Audits.--The Secretary may audit, or require a
Federal agency that receives a loan from the Bank to audit,
any project financed with amounts from the Bank to assess the
performance of the project.
``(3) Reports to congress.--At the end of each fiscal year,
the Secretary shall submit to Congress a report on the
operations of the Bank, including a statement of--
``(A) the total receipts by the Bank;
``(B) the total amount of loans from the Bank to each
Federal agency; and
``(C) the estimated cost and energy savings resulting from
projects funded with loans from the Bank.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
______

SA 860. Mr. DOMENICI (for Mr. Bingaman) proposed an amendment to
amendment SA 840 proposed by Mr. Domenici (for himself and Mr.
Bingaman) to the bill S. 14, to enhance the energy security of the
United States, and for other purposes; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

TITLE XII--STATE ENERGY PROGRAMS

SEC. 1201. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM.

Section 2602(b) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621(b)) is amended by striking ``each
of fiscal years 2002 through 2004'' and inserting ``fiscal
years 2002 and 2003, and $3,400,000,000 for each of fiscal
years 2004 through 2006.''.

SEC. 1202. WEATHERIZATION ASSISTANCE PROGRAM.

(a) Eligibility.--Section 412 of the Energy Conservation
and Production Act (42 U.S.C. 6862) is amended--
(1) in paragraph (7)(A), by striking ``125'' and inserting
``150'', and
(2) in paragraph (7)(C), by striking ``125'' and inserting
``150''.
(b) Authorization of Appropriations.--Section 422 of the
Energy Conservation and Production Act (42 U.S.C. 6872) is
amended by striking the period at the end and inserting ``,
$325,000,000 for fiscal year 2004, $400,000,000 for fiscal
year 2005, and $500,000,000 for fiscal year 2006.''.

SEC. 1203. STATE ENERGY PLANS.

(a) State Energy Conservation Plans.--Section 362 of the
Energy Policy and Conservation Act (42 U.S.C. 6322) is
amended by inserting at the end the following new subsection:
``(g) The Secretary shall, at least once every 3 years,
invite the Governor of each State to review and, if
necessary, revise the energy conservation plan of such State
submitted under subsection (b) or (e). Such reviews should
consider the energy conservation plans of other States within
the region, and identify opportunities and actions carried
out in pursuit of common energy conservation goals.''.
(b) State Energy Efficiency Goals.--Section 364 of the
Energy Policy and Conservation Act (42 U.S.C. 6324) is
amended to read as follows:

``state energy efficiency goals

``Sec. 364. Each State energy conservation plan with
respect to which assistance is made available under this part
on or after the date of enactment of this title shall contain
a goal, consisting of an improvement of 25 percent or more in
the efficiency of use of energy in the State concerned in
calendar year 2010 as compared to calendar year 1990, and may
contain interim goals.''.
(c) Authorization of Appropriations.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is
amended by striking the period at the end and inserting ``,
$100,000,000 for each of fiscal years 2004 and 2005 and
$125,000,000 for fiscal year 2006.''.
______

SA 861. Mr. KYL (for himself and Mr. McCain) submitted an amendment
intended to be proposed by him to the bill S. 14, to enhance the energy
security of the United States, and for other purposes; which was
ordered to lie on the table; as follows:

On page 150, between lines 14 and 15, insert the following:

SEC. 4__. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND
TECHNOLOGY.

(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954
(42 U.S.C. 2201 et seq.) is amended by adding at the end the
following:

``SEC. 170C. PREVENTION OF MISUSE OF NUCLEAR MATERIAL AND
TECHNOLOGY.

``(a) Policy.--To successfully promote the development of
nuclear energy as a safe and reliable source of electric
energy, it is the policy of the United States to prevent any
nuclear material, technology, component, substance, or
technical information, or any related goods or services, from
being misused or diverted from peaceful nuclear energy
purposes.
``(b) Prohibition of Issuance of Certain Export Licenses.--
Notwithstanding any other provision of law, no Federal agency
shall issue any license, approval, or authorization for the
export or reexport, or the transfer or retransfer, directly
or indirectly, to any country the government of which is
identified by the Secretary of State as engaged in state
sponsorship of terrorist activities (including any country
the government of which, as of September 11, 2001, had been
determined by the Secretary of State under section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
section 6(j)(1) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export
Control Act (22 U.S.C. 2780(d)) to have repeatedly provided
support for acts of international terrorism) of--
``(1) any special nuclear material or byproduct material;
``(2) any nuclear production facility or utilization
facility; or
``(3) except as provided in subsection (c)(2), any nuclear
component, technology, substance, or technical information,
or any related goods or services, that could be used in a
nuclear production facility or utilization facility.
``(c) Nonapplicability and Waiver.--
``(1) Nonapplicability.--Subsection (b) shall not apply to
the country of Iraq.
``(2) Waiver.--The President may waive the application of
subsection (b)(3) to a country if the President determines
and certifies to Congress that the waiver of that
subsection--
``(A) is in the vial national security interests of the
United States;
``(B) is essential to prevent or respond to a serious
radiological hazard in the country receiving the waiver that
may or does threaten public health and safety; and
``(C) will not result in any increased risk that the
country receiving the waiver will acquire nuclear weapons or
any materials or components of nuclear weapons.
``(d) Revocation.--Any license, approval, or authorization
described in subsection (b) issued before the date of
enactment of this section is revoked.''.
(b) Conforming Amendment.--The table of contents of the
Atomic Energy Act (42 U.S.C. prec. 2011) is amended by adding
at the end the items relating to chapter 14 the following:

``Sec. 170C. Prevention of misuse of nuclear material and
technology.''.
______

SA 862. Mr. GRASSLEY (for himself, Mrs. Lincoln, Ms. Snowe, Mr.
Baucus, Mr. Voinovich, Ms. Murkowski, Mr. Warner, Mr. Stevens, Ms.
Landrieu, Mr. Byrd, Ms. Collins, and Mr. Nelson of Florida) proposed an
amendment to the bill H.R. 1308, to amend the Internal Revenue Code of
1986 to accelerate the increase in the refundability of the child tax
credit, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Relief for Working Families
Tax Act of 2003''.

TITLE I--CHILD TAX CREDIT

SEC. 101. ACCELERATION OF INCREASE IN REFUNDABILITY OF THE
CHILD TAX CREDIT.

(a) Acceleration of Refundability.--
(1) In general.--Section 24(d)(1)(B)(i) of the Internal
Revenue Code of 1986 (relating to portion of credit
refundable) is amended by striking ``(10 percent in the case
of taxable years beginning before January 1, 2005)''.
(2) Advance payment.--Subsection (b) of section 6429 of
such Code (relating to advance payment of portion of
increased child credit for 2003) is amended by striking
``and'' at the end of paragraph (2), by striking the period
at the end of paragraph (3) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(4) section 24(d)(1)(B)(i) applied without regard to the
first parenthetical therein.''.
(3) Earned income includes combat pay.--Section 24(d)(1) of
such Code is amended by adding at the end the following new
sentence: ``For purposes of subparagraph (B), any amount
excluded from gross income by reason of section 112 shall be
treated as earned income which is taken into account in
computing taxable income for the taxable year.''.
(b) Effective Dates.--
(1) Subsections (a)(1) and (a)(3).--The amendments made by
subsections (a)(1) and (a)(3) shall apply to taxable years
beginning after December 31, 2002.
(2) Subsection (a)(2).--The amendments made by subsection
(a)(2) shall take effect as if included in the amendments
made by section 101(b) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003.

SEC. 102. REDUCTION IN MARRIAGE PENALTY IN CHILD TAX CREDIT.

(a) In General.--Section 24(b)(2) of the Internal Revenue
Code of 1986 (defining threshold amount) is amended--
(1) by inserting ``($115,000 for taxable years beginning in
2008 or 2009, and $150,000 for taxable years beginning in
2010)'' after ``$110,000'', and

[[Page S7501]]

(2) by striking ``$55,000'' in subparagraph (C) and
inserting ``\1/2\ of the amount in effect under subparagraph
(A)''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2002.

SEC. 103. APPLICATION OF EGTRRA SUNSET TO THIS SECTION.

Each amendment made by this title shall be subject to title
IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 to the same extent and in the same manner as the
provision of such Act to which such amendment relates.

TITLE II--UNIFORM DEFINITION OF CHILD

SEC. 201. UNIFORM DEFINITION OF CHILD, ETC.

Section 152 of the Internal Revenue Code of 1986 is amended
to read as follows:

``SEC. 152. DEPENDENT DEFINED.

``(a) In General.--For purposes of this subtitle, the term
`dependent' means--
``(1) a qualifying child, or
``(2) a qualifying relative.
``(b) Exceptions.--For purposes of this section--
``(1) Dependents ineligible.--If an individual is a
dependent of a taxpayer for any taxable year of such taxpayer
beginning in a calendar year, such individual shall be
treated as having no dependents for any taxable year of such
individual beginning in such calendar year.
``(2) Married dependents.--An individual shall not be
treated as a dependent of a taxpayer under subsection (a) if
such individual has made a joint return with the individual's
spouse under section 6013 for the taxable year beginning in
the calendar year in which the taxable year of the taxpayer
begins.
``(3) Citizens or nationals of other countries.--
``(A) In general.--The term `dependent' does not include an
individual who is not a citizen or national of the United
States unless such individual is a resident of the United
States or a country contiguous to the United States.
``(B) Exception for adopted child.--Subparagraph (A) shall
not exclude any child of a taxpayer (within the meaning of
subsection (f)(1)(B)) from the definition of `dependent' if--
``(i) for the taxable year of the taxpayer, the child's
principal place of abode is the home of the taxpayer, and
``(ii) the taxpayer is a citizen or national of the United
States.
``(c) Qualifying Child.--For purposes of this section--
``(1) In general.--The term `qualifying child' means, with
respect to any taxpayer for any taxable year, an individual--
``(A) who bears a relationship to the taxpayer described in
paragraph (2),
``(B) who has the same principal place of abode as the
taxpayer for more than one-half of such taxable year,
``(C) who meets the age requirements of paragraph (3), and
``(D) who has not provided over one-half of such
individual's own support for the calendar year in which the
taxable year of the taxpayer begins.
``(2) Relationship test.--For purposes of paragraph (1)(A),
an individual bears a relationship to the taxpayer described
in this paragraph if such individual is--
``(A) a child of the taxpayer or a descendant of such a
child, or
``(B) a brother, sister, stepbrother, or stepsister of the
taxpayer or a descendant of any such relative.
``(3) Age requirements.--
``(A) In general.--For purposes of paragraph (1)(C), an
individual meets the requirements of this paragraph if such
individual--
``(i) has not attained the age of 19 as of the close of the
calendar year in which the taxable year of the taxpayer
begins, or
``(ii) is a student who has not attained the age of 24 as
of the close of such calendar year.
``(B) Special rule for disabled.--In the case of an
individual who is permanently and totally disabled (as
defined in section 22(e)(3)) at any time during such calendar
year, the requirements of subparagraph (A) shall be treated
as met with respect to such individual.
``(4) Special rule relating to 2 or more claiming
qualifying child.--
``(A) In general.--Except as provided in subparagraph (B)
and subsection (e), if (but for this paragraph) an individual
may be and is claimed as a qualifying child by 2 or more
taxpayers for a taxable year beginning in the same calendar
year, such individual shall be treated as the qualifying
child of the taxpayer who is--
``(i) a parent of the individual, or
``(ii) if clause (i) does not apply, the taxpayer with the
highest adjusted gross income for such taxable year.
``(B) More than 1 parent claiming qualifying child.--If the
parents claiming any qualifying child do not file a joint
return together, such child shall be treated as the
qualifying child of--
``(i) the parent with whom the child resided for the
longest period of time during the taxable year, or
``(ii) if the child resides with both parents for the same
amount of time during such taxable year, the parent with the
highest adjusted gross income.
``(d) Qualifying Relative.--For purposes of this section--
``(1) In general.--The term `qualifying relative' means,
with respect to any taxpayer for any taxable year, an
individual--
``(A) who bears a relationship to the taxpayer described in
paragraph (2),
``(B) whose gross income for the calendar year in which
such taxable year begins is less than the exemption amount
(as defined in section 151(d)),
``(C) with respect to whom the taxpayer provides over one-
half of the individual's support for the calendar year in
which such taxable year begins, and
``(D) who is not a qualifying child of such taxpayer or of
any other taxpayer for any taxable year beginning in the
calendar year in which such taxable year begins.
``(2) Relationship.--For purposes of paragraph (1)(A), an
individual bears a relationship to the taxpayer described in
this paragraph if the individual is any of the following with
respect to the taxpayer:
``(A) A child or a descendant of a child.
``(B) A brother, sister, stepbrother, or stepsister.
``(C) The father or mother, or an ancestor of either.
``(D) A stepfather or stepmother.
``(E) A son or daughter of a brother or sister of the
taxpayer.
``(F) A brother or sister of the father or mother of the
taxpayer.
``(G) A son-in-law, daughter-in-law, father-in-law, mother-
in-law, brother-in-law, or sister-in-law.
``(H) An individual (other than an individual who at any
time during the taxable year was the spouse, determined
without regard to section 7703, of the taxpayer) who, for the
taxable year of the taxpayer, has as such individual's
principal place of abode the home of the taxpayer and is a
member of the taxpayer's household.
``(3) Special rule relating to multiple support
agreements.--For purposes of paragraph (1)(C), over one-half
of the support of an individual for a calendar year shall be
treated as received from the taxpayer if--
``(A) no one person contributed over one-half of such
support,
``(B) over one-half of such support was received from 2 or
more persons each of whom, but for the fact that any such
person alone did not contribute over one-half of such
support, would have been entitled to claim such individual as
a dependent for a taxable year beginning in such calendar
year,
``(C) the taxpayer contributed over 10 percent of such
support, and
``(D) each person described in subparagraph (B) (other than
the taxpayer) who contributed over 10 percent of such support
files a written declaration (in such manner and form as the
Secretary may by regulations prescribe) that such person will
not claim such individual as a dependent for any taxable year
beginning in such calendar year.
``(4) Special rule relating to income of handicapped
dependents.--
``(A) In general.--For purposes of paragraph (1)(B), the
gross income of an individual who is permanently and totally
disabled (as defined in section 22(e)(3)) at any time during
the taxable year shall not include income attributable to
services performed by the individual at a sheltered workshop
if--
``(i) the availability of medical care at such workshop is
the principal reason for the individual's presence there, and
``(ii) the income arises solely from activities at such
workshop which are incident to such medical care.
``(B) Sheltered workshop defined.--For purposes of
subparagraph (A), the term `sheltered workshop' means a
school--
``(i) which provides special instruction or training
designed to alleviate the disability of the individual, and
``(ii) which is operated by an organization described in
section 501(c)(3) and exempt from tax under section 501(a),
or by a State, a possession of the United States, any
political subdivision of any of the foregoing, the United
States, or the District of Columbia.
``(5) Special support test in case of students.--For
purposes of paragraph (1)(C), in the case of an individual
who is--
``(A) a child of the taxpayer, and
``(B) a student,

amounts received as scholarships for study at an educational
organization described in section 170(b)(1)(A)(ii) shall not
be taken into account in determining whether such individual
received more than one-half of such individual's support from
the taxpayer.
``(6) Special rules for support.--For purposes of this
subsection--
``(A) payments to a spouse which are includible in the
gross income of such spouse under section 71 or 682 shall not
be treated as a payment by the payor spouse for the support
of any dependent,
``(B) amounts expended for the support of a child or
children shall be treated as received from the noncustodial
parent (as defined in subsection (e)(3)(B)) to the extent
that such parent provided amounts for such support, and
``(C) in the case of the remarriage of a parent, support of
a child received from the parent's spouse shall be treated as
received from the parent.
``(e) Special Rule for Divorced Parents.--
``(1) In general.--Notwithstanding subsection (c)(4) or
(d)(1)(C), if--
``(A) a child receives over one-half of the child's support
during the calendar year from the child's parents--
``(i) who are divorced or legally separated under a decree
of divorce or separate maintenance,

[[Page S7502]]

``(ii) who are separated under a written separation
agreement, or
``(iii) who live apart at all times during the last 6
months of the calendar year, and
``(B) such child is in the custody of 1 or both of the
child's parents for more than \1/2\ of the calendar year,

such child shall be treated as being the qualifying child or
qualifying relative of the noncustodial parent for a calendar
year if the requirements described in paragraph (2) are met.
``(2) Requirements.--For purposes of paragraph (1), the
requirements described in this paragraph are met if--
``(A) a decree of divorce or separate maintenance or
written separation agreement between the parents applicable
to the taxable year beginning in such calendar year provides
that--
``(i) the noncustodial parent shall be entitled to any
deduction allowable under section 151 for such child, or
``(ii) the custodial parent will sign a written declaration
(in such manner and form as the Secretary may prescribe) that
such parent will not claim such child as a dependent for such
taxable year, and
``(B) in the case of such an agreement executed before
January 1, 1985, the noncustodial parent provides at least
$600 for the support of such child during such calendar year.
``(3) Custodial parent and noncustodial parent.--For
purposes of this subsection--
``(A) Custodial parent.--The term `custodial parent' means
the parent with whom a child shared the same principal place
of abode for the greater portion of the calendar year.
``(B) Noncustodial parent.--The term `noncustodial parent'
means the parent who is not the custodial parent.
``(4) Exception for multiple-support agreements.--This
subsection shall not apply in any case where over one-half of
the support of the child is treated as having been received
from a taxpayer under the provision of subsection (d)(3).
``(f) Other Definitions and Rules.--For purposes of this
section--
``(1) Child defined.--
``(A) In general.--The term `child' means an individual who
is--
``(i) a son, daughter, stepson, or stepdaughter of the
taxpayer, or
``(ii) an eligible foster child of the taxpayer.
``(B) Adopted child.--In determining whether any of the
relationships specified in subparagraph (A)(i) or paragraph
(4) exists, a legally adopted individual of the taxpayer, or
an individual who is placed with the taxpayer by an
authorized placement agency for adoption by the taxpayer,
shall be treated as a child of such individual by blood.
``(C) Eligible foster child.--For purposes of subparagraph
(A)(ii), the term `eligible foster child' means an individual
who is placed with the taxpayer by an authorized placement
agency or by judgment, decree, or other order of any court of
competent jurisdiction.
``(2) Student defined.--The term `student' means an
individual who during each of 5 calendar months during the
calendar year in which the taxable year of the taxpayer
begins--
``(A) is a full-time student at an educational organization
described in section 170(b)(1)(A)(ii), or
``(B) is pursuing a full-time course of institutional on-
farm training under the supervision of an accredited agent of
an educational organization described in section
170(b)(1)(A)(ii) or of a State or political subdivision of a
State.
``(3) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer
if at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(4) Brother and sister.--The terms `brother' and `sister'
include a brother or sister by the half blood.
``(5) Treatment of missing children.--
``(A) In general.--Solely for the purposes referred to in
subparagraph (B), a child of the taxpayer--
``(i) who is presumed by law enforcement authorities to
have been kidnapped by someone who is not a member of the
family of such child or the taxpayer, and
``(ii) who had, for the taxable year in which the
kidnapping occurred, the same principal place of abode as the
taxpayer for more than one-half of the portion of such year
before the date of the kidnapping,

shall be treated as meeting the requirement of subsection
(c)(1)(B) with respect to a taxpayer for all taxable years
ending during the period that the individual is kidnapped.
``(B) Purposes.--Subparagraph (A) shall apply solely for
purposes of determining--
``(i) the deduction under section 151(c),
``(ii) the credit under section 24 (relating to child tax
credit),
``(iii) whether an individual is a surviving spouse or a
head of a household (as such terms are defined in section 2),
and
``(iv) the earned income credit under section 32.
``(C) Comparable treatment of certain qualifying
relatives.--For purposes of this section, a child of the
taxpayer--
``(i) who is presumed by law enforcement authorities to
have been kidnapped by someone who is not a member of the
family of such child or the taxpayer, and
``(ii) who was (without regard to this paragraph) a
qualifying relative of the taxpayer for the portion of the
taxable year before the date of the kidnapping,

shall be treated as a qualifying relative of the taxpayer for
all taxable years ending during the period that the child is
kidnapped.
``(D) Termination of treatment.--Subparagraphs (A) and (C)
shall cease to apply as of the first taxable year of the
taxpayer beginning after the calendar year in which there is
a determination that the child is dead (or, if earlier, in
which the child would have attained age 18).
``(6) Cross references.--

``For provision treating child as dependent of both parents for
purposes of certain provisions, see sections 105(b), 132(h)(2)(B), and
213(d)(5).''.

SEC. 202. MODIFICATIONS OF DEFINITION OF HEAD OF HOUSEHOLD.

(a) Head of Household.--Clause (i) of section 2(b)(1)(A) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(i) a qualifying child of the individual (as defined in
section 152(c), determined without regard to section 152(e)),
but not if such child--

``(I) is married at the close of the taxpayer's taxable
year, and
``(II) is not a dependent of such individual by reason of
section 152(b)(2) or 152(b)3), or both, or''.

(b) Conforming Amendments.--
(1) Section 2(b)(2) of the Internal Revenue Code of 1986 is
amended by striking subparagraph (A) and by redesignating
subparagraphs (B), (C), and (D) as subparagraphs (A), (B),
and (C), respectively.
(2) Clauses (i) and (ii) of section 2(b)(3)(B) of such Code
are amended to read as follows:
``(i) subparagraph (H) of section 152(d)(2), or
``(ii) paragraph (3) of section 152(d).''.

SEC. 203. MODIFICATIONS OF DEPENDENT CARE CREDIT.

(a) In General.--Section 21(a)(1) of the Internal Revenue
Code of 1986 is amended by striking ``In the case of an
individual who maintains a household which includes as a
member one or more qualifying individuals (as defined in
subsection (b)(1))'' and inserting ``In the case of an
individual for which there are 1 or more qualifying
individuals (as defined in subsection (b)(1)) with respect to
such individual''.
(b) Qualifying Individual.--Paragraph (1) of section 21(b)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer (as defined in section
152(a)(1)) who has not attained age 13,
``(B) a dependent of the taxpayer who is physically or
mentally incapable of caring for himself or herself and who
has the same principal place of abode as the taxpayer for
more than one-half of such taxable year, or
``(C) the spouse of the taxpayer, if the spouse is
physically or mentally incapable of caring for himself or
herself and who has the same principal place of abode as the
taxpayer for more than one-half of such taxable year.''.
(c) Conforming Amendment.--Paragraph (1) of section 21(e)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer
if at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.''.

SEC. 204. MODIFICATIONS OF CHILD TAX CREDIT.

(a) In General.--Paragraph (1) of section 24(c) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The term `qualifying child' means a
qualifying child of the taxpayer (as defined in section
152(c)) who has not attained age 17.''.
(b) Conforming Amendment.--Section 24(c)(2) of the Internal
Revenue Code of 1986 is amended by striking ``the first
sentence of section 152(b)(3)'' and inserting ``subparagraph
(A) of section 152(b)(3)''.

SEC. 205. MODIFICATIONS OF EARNED INCOME CREDIT.

(a) Qualifying Child.--Paragraph (3) of section 32(c) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(3) Qualifying child.--
``(A) In general.--The term `qualifying child' means a
qualifying child of the taxpayer (as defined in section
152(c), determined without regard to paragraph (1)(D) thereof
and section 152(e)).
``(B) Married individual.--The term `qualifying child'
shall not include an individual who is married as of the
close of the taxpayer's taxable year unless the taxpayer is
entitled to a deduction under section 151 for such taxable
year with respect to such individual (or would be so entitled
but for section 152(e)).
``(C) Place of abode.--For purposes of subparagraph (A),
the requirements of section 152(c)(1)(B) shall be met only if
the principal place of abode is in the United States.
``(D) Identification requirements.--
``(i) In general.--A qualifying child shall not be taken
into account under subsection (b) unless the taxpayer
includes the name, age, and TIN of the qualifying child on
the return of tax for the taxable year.
``(ii) Other methods.--The Secretary may prescribe other
methods for providing the information described in clause
(i).''.
(b) Conforming Amendments.--

[[Page S7503]]

(1) Section 32(c)(1) of the Internal Revenue Code of 1986
is amended by striking subparagraph (C) and by redesignating
subparagraphs (D), (E), (F), and (G) as subparagraphs (C),
(D), (E), and (F), respectively.
(2) Section 32(c)(4) of such Code is amended by striking
``(3)(E)'' and inserting ``(3)(C)''.
(3) Section 32(m) of such Code is amended by striking
``subsections (c)(1)(F)'' and inserting ``subsections
(c)(1)(E)''.

SEC. 206. MODIFICATIONS OF DEDUCTION FOR PERSONAL EXEMPTION
FOR DEPENDENTS.

Subsection (c) of section 151 of the Internal Revenue Code
of 1986 is amended to read as follows:
``(c) Additional Exemption for Dependents.--An exemption of
the exemption amount for each individual who is a dependent
(as defined in section 152) of the taxpayer for the taxable
year.''.

SEC. 207. TECHNICAL AND CONFORMING AMENDMENTS.

(1) Section 2(a)(1)(B)(i) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(2) Section 21(e)(5) of the Internal Revenue Code of 1986
is amended--
(A) by striking ``paragraph (2) or (4) of'' in subparagraph
(A), and
(B) by striking ``within the meaning of section 152(e)(1)''
and inserting ``as defined in section 152(e)(3)(A)''.
(3) Section 21(e)(6)(B) of such Code is amended by striking
``section 151(c)(3)'' and inserting ``section 152(f)(1)''.
(4) Section 25B(c)(2)(B) of such Code is amended by
striking ``151(c)(4)'' and inserting ``152(f)(2)''.
(5)(A) Subparagraphs (A) and (B) of section 51(i)(1) of
such Code are each amended by striking ``paragraphs (1)
through (8) of section 152(a)'' both places it appears and
inserting ``subparagraphs (A) through (G) of section
152(d)(2)''.
(B) Section 51(i)(1)(C) of such Code is amended by striking
``152(a)(9)'' and inserting ``152(d)(2)(H)''.
(6) Section 72(t)(2)(D)(i)(III) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(7) Section 72(t)(7)(A)(iii) of such Code is amended by
striking ``151(c)(3)'' and inserting ``152(f)(1)''.
(8) Section 42(i)(3)(D)(ii)(I) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(9) Subsections (b) and (c)(1) of section 105 of such Code
are amended by inserting ``, determined without regard to
subsections (b)(1), (b)(2), and (d)(1)(B) thereof'' after
``section 152''.
(10) Section 120(d)(4) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof)'' after ``section 152''.
(11) Section 125(e)(1)(D) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(12) Section 129(c)(2) of such Code is amended by striking
``151(c)(3)'' and inserting ``152(f)(1)''.
(13) The first sentence of section 132(h)(2)(B) of such
Code is amended by striking ``151(c)(3)'' and inserting
``152(f)(1)''.
(14) Section 153 of such Code is amended by striking
paragraph (1) and by redesignating paragraphs (2), (3), and
(4) as paragraphs (1), (2), and (3), respectively.
(15) Section 170(g)(1) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof)'' after ``section 152''.
(16) Section 170(g)(3) of such Code is amended by striking
``paragraphs (1) through (8) of section 152(a)'' and
inserting ``subparagraphs (A) through (G) of section
152(d)(2)''.
(17) Section 213(a) of such Code is amended by inserting
``, determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof'' after ``section 152''.
(18) The second sentence of section 213(d)(11) of such Code
is amended by striking ``paragraphs (1) through (8) of
section 152(a)'' and inserting ``subparagraphs (A) through
(G) of section 152(d)(2)''.
(19) Section 220(d)(2)(A) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(20) Section 221(d)(4) of such Code is amended by inserting
``(determined without regard to subsections (b)(1), (b)(2),
and (d)(1)(B) thereof)'' after ``section 152''.
(21) Section 529(e)(2)(B) of such Code is amended by
striking ``paragraphs (1) through (8) of section 152(a)'' and
inserting ``subparagraphs (A) through (G) of section
152(d)(2)''.
(22) Section 2032A(c)(7)(D) of such Code is amended by
striking ``section 151(c)(4)'' and inserting ``section
152(f)(2)''.
(23) Section 2057(d)(2)(B) of such Code is amended by
inserting ``, determined without regard to subsections
(b)(1), (b)(2), and (d)(1)(B) thereof'' after ``section
152''.
(24) Section 7701(a)(17) of such Code is amended by
striking ``152(b)(4), 682,'' and inserting ``682''.
(25) Section 7702B(f)(2)(C)(iii) of such Code is amended by
striking ``paragraphs (1) through (8) of section 152(a)'' and
inserting ``subparagraphs (A) through (G) of section
152(d)(2)''.
(26) Section 7703(b)(1) of such Code is amended--
(A) by striking ``151(c)(3)'' and inserting ``152(f)(1)'',
and
(B) by striking ``paragraph (2) or (4) of''.

SEC. 208. EFFECTIVE DATE.

The amendments made by this title shall apply to taxable
years beginning after December 31, 2003.

TITLE III--CUSTOMS USER FEES

SEC. 301. EXTENSION OF CUSTOMS USER FEES.

Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended
by striking ``September 30, 2003'' and inserting ``March 31,
2010''.
______

SA 863. Mr. GRASSLEY (for himself and Mrs. Lincoln) submitted an
amendment intended to be proposed by him to the bill H.R. 1308, to
amend the Internal Revenue Code of 1986 to accelerate the increase in
the refundability of the child tax credit, and for other purposes;
which was ordered to lie on the table; as follows:

Amend the title as to read: A bill to amend the Internal
Revenue Code of 1986 to accelerate the increase in the
refundability of the child tax credit, and for other
purposes.
______

SA 864. Mr. CAMPBELL proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes; as follows:

Page 101, line 1, strike ``electrify Indian tribal land'' and
all that follows through page 128, line 24, and insert:
``(4) electrify Indian tribal land and the homes of tribal
members.''
(b) Conforming Amendments.--
(1) The table of contents of the Department of Energy
Organization Act (42 U.S.C. prec. 7101) is amended--
(A) in the item relating to section 209, by striking
``Section'' and inserting ``Sec.''; and
(B) by striking the items relating to sections 213 through
216 and inserting the following:

``Sec. 213. Establishment of policy for National Nuclear Security
Administration.
``Sec. 214. Establishment of security, counterintelligence, and
intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs

(2) Section 5315 of title 5, United States Code, is amended
by inserting ``Director, Office of Indian Energy Policy and
Programs, Department of Energy.'' after ``Inspector General,
Department of Energy.''.

SEC. 303. INDIAN ENERGY.

(a) Title XXVI of the Energy Policy Act of 1992 (25 U.S.C.
3501 et seq.) is amended to read as follows:

``TITLE XXVI--INDIAN ENERGY

``SEC. 2601. DEFINITIONS.

``For purposes of this title:
``(1) The term `Director' means the Director of the Office
of Indian Energy Policy and Programs, Department of Energy.
``(2) The term `Indian land' means--
``(A) any land located within the boundaries of an Indian
reservation, pueblo, or rancheria;
``(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(1) in trust by the United States for the benefit of an
Indian tribe;
(ii) by an Indian tribe, subject to restriction by the
United States against alienation; or
``(iii) by a dependent Indian community; and
``(C) land conveyed to a Native Corporation under the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(3) The term `Indian reservation' includes--
``(A) an Indian reservation in existence in any State or
States as of the date of enactment of this paragraph;
``(B) a public domain Indian allotment;
``(C) a former reservation in the State of Oklahoma;
``(D) a parcel of land owned by a Native Corporation under
the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.); and
``(E) a dependent Indian community located within the
borders of the United States, regardless of whether the
community is located--.
``(i) on original or acquired territory of the community;
or
``(ii) within or outside the boundaries of any particular
State.
``(4) The term `Indian tribe' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(5) The term `Native Corporation' has the meaning given
the term in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602).
``(6) The term `organization' means a partnership, joint
venture, limited liability company, or other unincorporated
association or entity that is established to develop Indian
energy resources.
``(7) The term `Program' means the Indian energy resource
development program established under section 2602(a).
``(8) The term `Secretary' means the Secretary of the
Interior.
``(9) The term `tribal energy resource development
organization' means an organization of 2 or more entities, at
least 1 of which

[[Page S7504]]

is an Indian tribe, that has the written consent of the
governing bodies of all Indian tribes participating in the
organization to apply for a grant, loan, or other guarantee
authorized by sections 2602 or 2603 of this title.
``(10) The term `tribal land' means any land or interests
in land owned by any Indian tribe, band, nation, pueblo,
community, rancheria, colony or other group, title to which
is held in trust by the United States or which is subject to
a restriction against alienation imposed by the United
States.
``(11) The term `vertical integration of energy resources'
means any project or activity that promotes the location and
operation of a facility (including any pipeline, gathering
system, transportation system or facility, or electric
transmission facility), on or near Indian land to process,
refine, generate electricity from, or otherwise develop
energy resources on, Indian land:

``SEC. 2602. INDIAN TRIBAL ENERGY RESOURCE DEVELOPMENT.

``(a) Department of the Interior Program.--
``(1) To assist Indian tribes in the development of energy
resources and further the goal of Indian self-determination,
the Secretary shall establish and implement an Indian energy
resource development program to assist Indian tribes and
tribal energy resource development organizations in achieving
the purposes of this title.
``(2) In carrying out the Program, the Secretary shall--
``(A) provide development grants to Indian tribes and
tribal energy resource development organizations for use in
developing or obtaining the managerial and technical capacity
needed to develop energy resources on Indian land; and to
properly account for resulting energy production and
revenues;
``(B) provide grants to Indian tribes and tribal energy
resource development organizations for use in carrying out
projects to promote the vertical integration of energy
resources, and to process, use, or develop those energy
resources, on Indian land, and
``(C) provide low-interest loans to Indian tribes and
tribal energy resource development organizations for use in
the promotion of energy resource development and vertical
integration or energy resources on Indian land.
``(3) There are authorized to be appropriated to carry out
this subsection such sums as are necessary for each of fiscal
years 2004 through 2014.
``(b) Indian Energy Education Planning and Management
Assistance.--
``(1) The Director shall establish programs to assist
Indian tribes in meeting energy education, research and
development, planning, and management needs.
``(2) In carrying out this section, the Director may
provide grants, on a competitive basis, to an Indian tribe or
tribal energy resource development organization for use in
carrying out--
``(A) energy, energy efficiency, and energy conservation
programs;
``(B) studies and other activities supporting tribal
acquisition of energy supplies, services, and facilities;
``(C) planning, construction, development, operation,
maintenance, and improvement of tribal electrical generation,
transmission, and distribution facilities located on Indian
land; and
``(D) development, construction, and interconnection of
electric power transmission facilities located on Indian land
with other electric transmission facilities.
``(3)(A) The Director may develop, in consultation with
Indian tribes, a formula for providing grants under this
section.
``(B) In providing a grant under this subsection, the
Director shall give priority to an application received from
an Indian tribe with inadequate electric service (as
determined by the Director).
``(4) The Secretary of Energy may promulgate such
regulations as necessary to carry out this subsection.
``(5) There is authorized to be appropriated to carry out
this subsection $20,000,000 for each of fiscal years 2004
through 2011.
``(c) Loan Guarantee Program.--
``(1) Subject to paragraph (3), the Secretary of Energy may
provide loan guarantees (as defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) for not
more than 90 percent of the unpaid principal and interest due
on any loan made to any Indian tribe for energy development.
``(2) A loan guaranteed under this subsection shall be made
by--
``(A) a financial institution subject to examination by the
Secretary of Energy; or
``(B) an Indian tribe, from funds of the Indian tribe.
``(3) The aggregate outstanding amount guaranteed by the
Secretary of Energy at any time under this subsection shall
not exceed $2,000,000,000.
``(4) The Secretary may promulgate such regulations as the
Secretary of Energy determines are necessary to carry out
this subsection.
``(5) There are authorized to be appropriated such sums as
are necessary to carry out this subsection, to remain
available until expended.
``(6) Not later than 1 year from the date of enactment of
this section, the Secretary of Energy shall report to the
Congress on the financing requirements of Indian tribes for
energy development on Indian land.
``(d) Indian Energy Preference.--
``(1) In purchasing electricity or any other energy product
or byproduct, a Federal agency or department may give
preference to an energy and resource production enterprise,
partnership, consortium, corporation, or other type of
business organization the majority of the interest in which
is owned and controlled by 1 or more Indian tribes.
``(2) In carrying out this subsection, a Federal agency or
department shall not--
``(A) pay more than the prevailing market price for an
energy product or byproduct; and
``(B) obtain less than prevailing market terms and
conditions.''.

``SEC. 2603. INDIAN TRIBAL ENERGY RESOURCE REGULATION.

``(a) Grants.--The Secretary may provide to Indian tribes
and tribal energy resource development organizations, on an
annual basis, grants for use in developing, administering,
implementing, and enforcing tribal laws (including
regulations) governing the development and management of
energy resources on Indian land.
``(b) Use of Funds.--Funds from a grant provided under this
section may be used by an Indian tribe or tribal energy
resource development organization for--
``(1) the development of a tribal energy resource inventory
or tribal energy resource on Indian land;
``(2) the development of a feasibility study or other
report necessary to the development of energy resources on
Indian land;
``(3) the development and enforcement of tribal laws and
the development of technical infrastructure to protect the
environment under applicable law; or
``(4) the training of employees that--
``(A) are engaged in the development of energy resources on
Indian land; or
``(B) are responsible for protecting the environment.
``(c) Other Assistance.--To the maximum extent practicable,
the Secretary and the Secretary of Energy shall make
available to Indian tribes and tribal energy resource
development organizations scientific and technical data for
use in the development and management of energy resources on
Indian land.

``SEC. 2604. LEASES, BUSINESS AGREEMENTS, AND RIGHTS-OF-WAY
INVOLVING ENERGY DEVELOPMENT OR TRANSMISSION.

``(a) Leases and Agreements.--Subject to the provisions of
this section--
``(1) an Indian tribe may, at its discretion, enter into a
lease or business agreement for the purpose of energy
development, including a lease or business agreement for--
``(A) exploration for, extraction of, processing of, or
other development of energy resources on tribal land; and
``(B) construction or operation of an electric generation,
transmission, or distribution facility located on tribal
land; or a facility to process or refine energy resources
developed on tribal land; and
``(2) such lease or business agreement described in
paragraph (1) shall not require the approval of the Secretary
under section 2103 of the Revised Statutes (25 U.S.C. 81) or
any other provision of law, if--
``(A) the lease or business agreement is executed in
accordance with a tribal energy resource agreement approved
by the Secretary under subsection (e);
``(B) the term of the lease or business agreement does not
exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the production of oil and
gas resources, 10 years and as long thereafter as oil or gas
is produced in paying quantities; and
``(C) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in
subsection (e), relating to the development of energy
resources on tribal land (including an annual trust asset
evaluation of the activities of the Indian tribe conducted in
accordance with the agreement).
``(b) Rights-of-Way for Pipelines or Electric Transmission
or Distribution Lines.--An Indian tribe may grant a right-of-
way over tribal land for a pipeline or an electric
transmission or distribution line without specific approval
by the Secretary if--
``(1) the right-of-way is executed in accordance with a
tribal energy resource agreement approved by the Secretary
under subsection (e);
``(2) the term of the right-of-way does not exceed 30
years;
``(3) the pipeline or electric transmission or distribution
line serves--
``(A) an electric generation, transmission, or distribution
facility located on tribal land; or
``(B) a facility located on tribal land that processes or
refines energy resources developed on tribal land; and
``(4) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in
subsection (e), relating to the development of energy
resources on tribal land (including an annual trust asset
evaluation of the activities of the Indian tribe conducted in
accordance with the agreement).
``(c) Renewals.--A lease or business agreement entered into
or a right-of-way granted by an Indian tribe under this
section may be renewed at the discretion of the Indian tribe
in accordance with this section.
``(d) Validity.--No lease, business agreement, or right-of-
way relating to the development of tribal energy resources
pursuant to the provisions of this section shall be valid
unless the lease, business agreement, or right-of-way is
authorized in accordance with a tribal energy resource
agreement approved by the Secretary under subsection (e)(2).

[[Page S7505]]

``(e) Tribal Energy Resource Agreements.--
``(1) On promulgation of regulations under paragraph (8),
an Indian tribe may submit to the Secretary for approval a
tribal energy resource agreement governing leases, business
agreements, and rights-of-way under this section.
``(2)(A) Not later than 180 days after the date on which
the Secretary receives a tribal energy resource agreement
submitted by an Indian tribe under paragraph (1) (or such
later date as may be agreed to by the Secretary and the
Indian tribe), the Secretary shall approve or disapprove the
tribal energy resource agreement.
``(B) The Secretary shall approve a tribal energy resource
agreement submitted under paragraph (1) if--
``(i) the Secretary determines that the Indian tribe has
demonstrated that the Indian tribe has sufficient capacity to
regulate the development of energy resources of the Indian
tribe; and
``(ii) the tribal energy resource agreement includes
provisions that, with respect to a lease, business agreement,
or right-of-way under this section--
``(I) ensure the acquisition of necessary information from
the applicant for the lease, business agreement, or right-of-
way;
``(II) address the term of the lease or business agreement
or the term of conveyance of the right-of-way;
``(III) address amendments and renewals;
``(IV) address consideration for the lease, business
agreement, or right-of-way;
``(V) address technical or other relevant requirements;
``(VI) establish requirements for environmental review in
accordance with subparagraph (C);
``(VII) ensure compliance with all applicable environmental
laws;
``(VIII) identify final approval authority;
``(IX) provide for public notification of final approvals;
``(X) establish a process for consultation with any
affected States concerning potential off-reservation impacts
associated with the lease, business agreement, or right-of-
way; and
``(XI) describe the remedies for breach of the lease,
agreement, or right-of-way.
``(C) Tribal energy resource agreements submitted under
paragraph (1) shall establish, and include provisions to
ensure compliance with, an environmental review process that,
with respect to a lease, business agreement, or right-of-way
under this section, provides for--
``(i) the identification and evaluation of all significant
environmental impacts (as compared with a no-action
alternative), including effects on cultural resources;
``(ii) the identification of proposed mitigation;
``(iii) a process for ensuring that the public is informed
of and has an opportunity to comment on the environmental
impacts of the proposed action before tribal approval of the
lease, business agreement, or right-of-way; and
``(iv) sufficient administrative support and technical
capability to carry out the environmental review process.
``(D) A tribal energy resource agreement negotiated between
the Secretary and an Indian tribe in accordance with this
subsection shall include--
``(i) provisions requiring the Secretary to conduct an
annual trust asset evaluation to monitor the performance of
the activities of the Indian tribe associated with the
development of energy resources on tribal land by the Indian
tribe; and
``(ii) in the case of a finding by the Secretary of
imminent jeopardy to a physical trust asset, provisions
authorizing the Secretary to reassume responsibility for
activities associated with the development of energy
resources on tribal land.
``(3) The Secretary shall provide notice and opportunity
for public comment on tribal energy resource agreements
submitted under paragraph (1). The Secretary's review of a
tribal energy resource agreement under the National
Environmental Policy Act (42 U.S.C. 4321 et seq) shall be
limited to the direct effects of that approval.
``(4) If the Secretary disapproves a tribal enemy resource
agreement submitted by an Indian tribe under paragraph (1),
the Secretary shall--
``(A) notify the Indian tribe in writing of the basis for
the disapproval;
``(B) identify what changes or other actions are required
to address the concerns of the Secretary; and
``(C) provide the Indian tribe with an opportunity to
revise and resubmit the tribal energy resource agreement.
``(5) If an Indian tribe executes a lease or business
agreement, or grants a right-of-way in accordance with a
tribal energy resource agreement approved under this
subsection, the Indian tribe shall, in accordance with the
process and requirements set forth in the Secretary's
regulations adopted pursuant to subsection (e)(8), provide to
the Secretary--
``(A) a copy of the lease, business agreement, or right-of-
way document (including all amendments to and renewals of the
document); and.
``(B) in the case of a tribal energy resource agreement or
a lease, business agreement, or right-of-way that permits
payment to be made directly to the Indian tribe,
documentation of those payments sufficient to enable the
Secretary to discharge the trust responsibility of the United
States as appropriate under applicable law.
``(6)(A) Nothing in this section shall absolve the United
States from any responsibility to Indians or Indian tribes,
including those which derive from the trust relationship or
from any treaties, Executive Orders, or agreements between
the United States and any Indian tribe.
``(B) The Secretary shall continue to have a trust
obligation to ensure that the rights of an Indian tribe are
protected in the event of a violation of federal law or the
terms of any lease, business agreement or right-of-way under
this section by any other party to any such lease, business
agreement or right-of-way.
``(C) Notwithstanding subparagraph (A), the United States
shall not be liable to any party (including any Indian tribe)
for any of the terms of, or any losses resulting from the
terms of, a lease, business agreement, or right-of-way
executed pursuant to and in accordance with a tribal energy
resource agreement approved under subsection (e)(2).
``(7)(A) In this paragraph, the term `interested party'
means any person or entity the interests of which have
sustained or will sustain a significant adverse environmental
impact as a result of the failure of an Indian tribe to
comply with a tribal energy resource agreement of the Indian
tribe approved by the Secretary under paragraph (2).
``(B) After exhaustion of tribal remedies, and in
accordance with the process and requirements set forth in
regulations adopted by the Secretary pursuant to subsection
(e)(8), an interested party may submit to the Secretary a
petition to review compliance of an Indian tribe with a
tribal energy resource agreement of the Indian tribe approved
under this subsection.
``(C) If the Secretary determines that an Indian tribe is
not in compliance with a tribal energy resource agreement
approved under this subsection, the Secretary shall take such
action as is necessary to compel compliance, including--
``(i) suspending a lease, business agreement, or right-of-
way under this section until an Indian tribe is in compliance
with the approved tribal energy resource agreement; and
``(ii) rescinding approval of the tribal energy resource
agreement and reassuming the responsibility for approval of
any future leases, business agreements, or rights-of-way
associated with an energy pipeline or distribution line
described in subsections (a) and (b).
``(D) If the Secretary seeks to compel compliance of an
Indian tribe with an approved tribal energy resource
agreement under subparagraph (C)(ii), the Secretary shall--
``(i) make a written determination that describes the
manner in which the tribal energy resource agreement has been
violated;
``(ii) provide the Indian tribe with a written notice of
the violation together with the written determination; and
``(iii) before taking any action described in subparagraph
(C)(ii) or seeking any other remedy, provide the Indian tribe
with a hearing and a reasonable opportunity to attain
compliance with the tribal energy resource agreement.
``(E)(i) An Indian tribe described in subparagraph (D)
shall retain all rights to appeal as provided in regulations
promulgated by the Secretary.
``(ii) The decision of the Secretary with respect to an
appeal described in clause (i), after any agency appeal
provided for by regulation, shall constitute a final agency
action.
``(8) Not later than 180 days after the date of enactment
of the Indian Tribal Energy Development and Self-
Determination Act of 2003, the Secretary shall promulgate
regulations that implement the provisions of this subsection,
including--
``(A) criteria to be used in determining the capacity of an
Indian tribe described in paragraph (2)(B)(i), including the
experience of the Indian tribe in managing natural resources
and financial and administrative resources available for use
by the Indian tribe in implementing the approved tribal
energy resource agreement of the Indian tribe; and
``(B) a process and requirements in accordance with which
an Indian tribe may--
``(i) voluntarily rescind an approved tribal energy
resource agreement approved by the Secretary under this
subsection; and
``(ii) return to the Secretary the responsibility to
approve any future leases, business agreements, and rights-
of-way described in this subsection.
``(f) No Effect on Other Law.--Nothing in this section
affects the application of--
``(1) any Federal environmental law;
``(2) the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1201 et seq.); or
``(3) except as otherwise provided in this title, the
Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et
seq.) and the National Environmental Policy Act (42 U.S.C.
4321 et seq.).

``SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS

``(a) Definitions.--In this section:
``(1) The term `Administrator' means the Administrator of
the Bonneville Power Administration and the Administrator of
the Western Area Power Administration.
``(2) The term `power marketing administration' means--
``(A) the Bonneville Power Administration;
``(B) the Western Area Power Administration; and
``(C) any other power administration the power allocation
of which is used by or for the benefit of an Indian tribe
located in the service area of the administration.

[[Page S7506]]

``(b) Encouragement of Indian Tribal Energy Development.--
Each Administrator shall encourage Indian tribal energy
development by taking such actions as are appropriate,
including administration of programs of the Bonneville Power
Administration and the Western Area Power Administration, in
accordance with this section.
``(c) Action by the Administrator.--In carrying out this
section, and in accordance with existing law--
``(1) each Administrator shall consider the unique
relationship that exists between the United States and Indian
tribes.
``(2) power allocations from the Western Area Power
Administration to Indian tribes may be used to meet firming
and reserve needs of Indian-owned energy projects on Indian
land;
``(3) the Administrator of the Western Area Power
Administration may purchase power from Indian tribes to meet
the firming and reserve requirements of the Western Area
Power Administration; and
``(4) each Administrator shall not pay more than the
prevailing market price for an energy product nor obtain less
than prevailing market terms and conditions.
``(d) Assistance for Transmission System Use.--
``(1) An Administrator may provide technical assistance to
Indian tribes seeking to use the high-voltage transmission
system for delivery of electric power.
``(2) The costs of technical assistance provided under
paragraph (1) shall be funded by the Secretary of Energy
using nonreimbursable funds appropriated for that purpose, or
by the applicable Indian tribes.
``(e) Power Allocation Study.--Not later than 2 years after
the date of enactment of the Indian Tribal Energy Development
and Self-Determination Act of 2003, the Secretary of Energy
shall submit to the Congress a report that--
``(1) describes the use by Indian tribes of Federal power
allocations of the Western Area Power Administration (or
power sold by the Southwestern Power Administration) and the
Bonneville Power Administration to or for the benefit of
Indian tribes in service areas of those administrations; and
``(2) identifies--
``(A) the quantity of power allocated to Indian tribes by
the Western Area Power Administration;
``(B) the quantity of power sold to Indian tribes by other
power marketing administrations; and
``(C) barriers that impede tribal access to and use of
Federal power, including an assessment of opportunities to
remove those barriers and improve the ability of power
marketing administrations to facilitate the use of Federal
power by Indian tribes.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $750,000, which
shall remain available until expended and shall not be
reimbursable.

``SEC. 2606. INDIAN MINERAL DEVELOPMENT REVIEW.

``(a) In General.--The Secretary shall conduct a review of
all activities being conducted under the Indian Mineral
Development Act of 1982 (25 U.S.C. 2101 et seq.) as of that
date.
``(b) Report.--Not later than 1 year after the date of
enactment of the Indian Tribal Energy Development and Self-
Determination Act of 2003, the Secretary shall submit to the
Congress a report that includes--
``(1) the results of the review;
``(2) recommendations to ensure that Indian tribes have the
opportunity to develop Indian energy resources; and
``(3) an analysis of the barriers to the development of
energy resources on Indian land (including legal, fiscal,
market, and other barriers), along with recommendations for
the removal of those barriers.

``SEC. 2607. WIND AND HYDROPOWER FEASIBILITY STUDY.

``(a) Study.--The Secretary of Energy, in coordination with
the Secretary of the Army and the Secretary, shall conduct a
study of the cost and feasibility of developing a
demonstration project that would use wind energy generated by
Indian tribes and hydropower generated by the Army Corps of
Engineers on the Missouri River to supply firming power to
the Western Area Power Administration.
``(b) Scope of Study.--The study shall--
``(1) determine the feasibility of the blending of wind
energy and hydropower generated from the Missouri River dams
operated by the Army Corps of Engineers;
``(2) review historical purchase requirements and projected
purchase requirements for firming and the patterns of
availability and use of firming energy;
``(3) assess the wind energy resource potential on tribal
land and projected cost savings through a blend of wind and
hydropower over a 30-year period;
``(4) determine seasonal capacity needs and associated
transmission upgrades for integration of tribal wind
generation; and
``(5) include an independent tribal engineer as a study
team member.
``(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary and Secretary of the
Army shall submit to Congress a report that describes the
results of the study, including--
``(1) an analysis of the potential energy cost or benefits
to the customers of the Western Area Power Administration
through the blend of wind and hydropower;
``(2) an evaluation of whether a combined wind and
hydropower system can reduce reservoir fluctuation, enhance
efficient and reliable energy production, and provide
Missouri River management flexibility;
``(3) recommendations for a demonstration project that
could be carried out by the Western Area Power Administration
in partnership with an Indian tribal government or tribal
energy resource development organization to demonstrate the
feasibility and potential of using wind energy produced on
Indian land to supply firming energy to the Western Area
Power Administration or any other Federal power marketing
agency; and
``(4) an identification of--
``(A) the economic and environmental costs or benefits to
be realized through such a Federal-tribal partnership; and
``(B) the manner in which such a partnership could
contribute to the energy security of the United States.
``(d) Funding.--
``(1) There is authorized to be appropriated to carry out
this section $500,000, to remain available until expended.
``(2) Costs incurred by the Secretary in carrying out this
section shall be nonreimbursable.''.
(b) Conformiing Amendments.--The table of contents for the
Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended
by striking items relating to Title XXVI, and inserting:

``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving
energy development or transmission.
``Sec. 2605. Federal Power Marketing Administrations.
``Sec. 2606. Indian mineral development review.
``Sec. 2607. Wind and hydropower feasibility study.

____________________