S.Amdt. 884Senate108th Congress (2003-2005)

To strike the provision requiring the Secretary of the Interior to conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the outer Continental Shelf.

Sponsored by Bob GrahamSen. Bob Graham (D-FL)
Submitted June 11, 2003

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Senate amendment not agreed to: Amendment SA 884 not agreed to in Senate by Yea-Nay Vote. 45 - 53. Record Vote Number: 221.

June 12, 2003

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Senate amendment not agreed to: Amendment SA 884 not agreed to in Senate by Yea-Nay Vote. 45 - 53. Record Vote Number: 221.

June 12, 2003

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Roll call votes on amendments in Senate: Amendment SA 884 not agreed to in Senate by Yea-Nay Vote. 45 - 53. Record Vote Number: 221.

June 12, 2003

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Considered by Senate. (consideration: CR S7741, S7742-7750)

June 12, 2003

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Amendment SA 884 not agreed to in Senate by Yea-Nay Vote. 45 - 53. Record Vote Number: 221.

June 12, 2003

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Senate amendment submitted

June 11, 2003

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Senate amendment proposed (on the floor): Amendment SA 884 proposed by Senator Graham FL.(consideration: CR S7702-7707; text: CR S7702)

June 11, 2003

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Amendment SA 884 proposed by Senator Graham FL. (consideration: CR S7702-7707; text: CR S7702) To strike the provision requiring the Secretary of the Interior to conduct an inventory and analysis of oil and natural gas resources beneath all of the waters of the outer Continental Shelf.

June 11, 2003

Text

Submitted

TEXT OF AMENDMENTS

SA 878. Mr. SCHUMER 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, after line 14, insert the following:

SEC. 443. PLAN FOR WESTERN NEW YORK SERVICE CENTER.

Not later than December 31, 2003, the Secretary of Energy
shall transmit to the Congress a plan for the transfer to the
Secretary of title to, and full responsibility for the
possession, transportation, disposal, stewardship,
maintenance, and monitoring of, all facilities, property, and
radioactive waste at the Western New York Service Center in
West Valley, New York. The Secretary shall consult with the
President of the New York State Energy Research and
Development Authority in developing such plan.
______

SA 879. Mr. KERRY 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:

At the appropriate place, insert the following:

SEC. ____. SUSTAINABILITY GRANTS FOR WOMEN'S BUSINESS
CENTERS.

Section 29(k)(4)(A)(iv) of the Small Business Act (15
U.S.C. 656(k)(4)(A)(iv)) is amended by striking ``30.2
percent'' and inserting ``36 percent''.
______

SA 880. Mr. ALEXANDER (for himself, Mr. Santorum, Mr. Cornyn, Ms.
Landrieu, Mr. Bingaman, Mr. Domenici, Mr. Grassley, and Ms. Murkowski)
proposed an amendment to the bill S. 14, to enhance the energy security
of the United States, and for other purposes; as follows:

Page 52, after line 22, insert:

``SECTION   . NATURAL GAS SUPPLY SHORTAGE REPORT.

``(a) Report.--Not later than six months after the date of
enactment of this act, the Secretary of Energy
(``Secretary'') shall submit to the Congress a report on
natural gas supplies and demand. In preparing the report, the
Secretary shall consult with experts in natural gas supply
and demand as well as representatives of State and local
units of government, tribal organizations, and consumer and
other organizations. As the Secretary deems advisable, the
Secretary may hold public hearings and provide other
opportunities for public comment. The report shall contain
recommendations for federal actions that, if implemented,
will result in a balance between natural gas supply and
demand at a level that will ensure, to the maximum extent
practicable, achievement of the objectives established in
subsection (b).
``(b) Objectives of Report.--In preparing the report, the
Secretary shall seek to develop a series of recommendations
that will result in a balance between natural gas supply and
demand adequate to--
``(1) provide residential consumers with natural gas at
reasonable and stable prices;
``(2) accommodate long-term maintenance and growth of
domestic natural gas dependent industrial, manufactured and
commercial enterprises;
``(3) facilitate the attainment of national ambient air
quality standards under the Clean Air Act;
``(4) permit continued progress in reducing emissions
associated with electric power generation; and
``(5) support development of the preliminary phases of
hydrogen-based energy technologies.
``(c) Contents of Report.--The report shall provide a
comprehensive analysis of natural gas supply and demand in
the United States for the period from 2004 and 2015. The
analysis shall include, at a minimum--
``(1) estimates of annual domestic demand for natural gas
that take into account the effect of federal policies and
actions that are likely to increase and decrease demand for
natural gas;
``(2) projections of annual natural gas supplies, from
domestic and foreign sources, under existing federal
policies;
``(3) an identification of estimated natural gas supplies
that are not available under existing federal policies;
``(4) scenarios for decreasing natural gas demand and
increasing natural gas supplies comparing relative economic
and environmental impacts of federal policies that--
``(A) encourage or require the use of natural gas to meet
air quality, carbon dioxide emission reduction, or energy
security goals;
``(B) encourage or require the use of energy sources other
than natural gas, including coal, nuclear and renewable
sources;
``(C) support technologies to develop alternative sources
of natural gas and synthetic gas, including coal gasification
technologies;
``(D) encourage or require the use of energy conservation
and demand side management practices; and
``(E) affect access to domestic natural gas supplies; and
``(5) recommendations for federal actions to achieve the
objectives of the report, including recommendations that--
``(A) encourage or require the use of energy sources other
than natural gas, including coal, nuclear and renewable
sources;
``(B) encourage or require the use of energy conservation
or demand side management practices;
``(C) support technologies for the development of
alternative sources of natural gas and synthetic gas,
including coal gasification technologies; and
``(D) will improve access to domestic natural gas
supplies.''.
______

SA 881. Mr. BINGAMAN (for himself, Mr. Inouye, and Mr. Daschle)
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;

[[Page S7733]]

``(B) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held--
``(i) in trust by the United States for the benefit of an
Indian tribe;
``(ii) by an Indian tribe, subject to restriction by the
United States against alienation; or
``(iii) by a dependent Indian community; and
``(C) land conveyed to 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) in Oklahoma, all land that is--
``(i) within the jurisdictional area of an Indian tribe,
and
``(ii) within the boundaries of the last reservation of
such tribe that was established by treaty, executive order,
or secretarial order; and
``(D) 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), except the term,
for the purpose of Section 2604, shall not include any Native
Corporation.
``(5) The term `Native Corporation' has the meaning given
the term in section 3 of the Alaska Native Claims Settlement
Act (43 U.S.C. 1602).
``(6) The term `organization' means a partnership, joint
venture, limited liability company, or other unincorporated
association or entity that is established to develop Indian
energy resources.
``(7) The term `Program' means the Indian energy resource
development program established under section 2602(a).
``(8) The term `Secretary' means the Secretary of the
Interior.
``(9) The term `tribal energy resource development
organization' means an organization of 2 or more entities, at
least 1 of which is an Indian tribe, that has the written
consent of the governing bodies of all Indian tribes
participating in the organization to apply for a grant, loan,
or other guarantee authorized by sections 2602 or 2603 of
this title.
``(10) The term `tribal land' means any land or interests
in land owned by any Indian tribe, band, nation, pueblo,
community, rancheria, colony or other group, title to which
is held in trust by the United States or which is subject to
a restriction against alienation imposed by the United
States.
``(11) The term `vertical integration of energy resources''
means any project or activity that promotes the location and
operation of a facility (including any pipeline, gathering
system, transportation system or facility, or electric
transmission facility), on or near Indian land to process,
refine, generate electricity from, or otherwise develop
energy resources on, Indian land.

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

``(a) Department of the Interior Program.--
``(1) To assist Indian tribes in the development of energy
resources and further the goal of Indian self-determination,
and with the consent of any affected Indian tribe, 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 of 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 of Energy 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 Title 25, U.S. Code, if--
``(A) the lease or business agreement is executed in
accordance with a tribal energy resource agreement approved
by the Secretary under subsection (e);

[[Page S7734]]

``(B) the term of the lease or business agreement does not
exceed--
``(i) 30 years; or
``(ii) in the case of a lease for the production of oil and
gas resources, 10 years and as long thereafter as oil or gas
is produced in paying quantities; and
``(C) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in
subsection (e), relating to the development of energy
resources on tribal land (including an annual trust asset
evaluation of the activities of the Indian tribe conducted in
accordance with the agreement).
``(b) Rights-of-Way for Pipelines or Electric Transmission
or Distribution Lines.--An Indian tribe may grant a right-of-
way over tribal land for a pipeline or an electric
transmission or distribution line without specific approval
by the Secretary if--
``(1) the right-of-way is executed in accordance with a
tribal energy resource agreement approved by the Secretary
under subsection (e);
``(2) the term of the right-of-way does not exceed 30
years;
``(3) the pipeline or electric transmission or distribution
line serves--
``(A) an electric generation, transmission, or distribution
facility located on tribal land; or
``(B) a facility located on tribal land that processes or
refines energy resources developed on tribal land; and
``(4) the Indian tribe has entered into a tribal energy
resource agreement with the Secretary, as described in
subsection (e), relating to the development of energy
resources on tribal land (including an annual trust asset
evaluation of the activities of the Indian tribe conducted in
accordance with the agreement).
``(c) Renewals.--A lease or business agreement entered into
or a right-of-way granted by an Indian tribe under this
section may be renewed at the discretion of the Indian tribe
in accordance with this section.
``(d) Validity.--No lease, business agreement, or right-of-
way relating to the development of tribal energy resources
pursuant to the provisions of this section shall be valid
unless the lease, business agreement, or right-of-way is
authorized in accordance with a tribal energy resource
agreement approved by the Secretary under subsection (e)(2).
``(e) Tribal Energy Resource Agreements.--
``(1) On promulgation of regulations under paragraph (8),
an Indian tribe may submit to the Secretary for approval a
tribal energy resource agreement governing leases, business
agreements, and rights-of-way under this section.
``(2)(A) Not later than 180 days after the date on which
the Secretary receives a tribal energy resource agreement
submitted by an Indian tribe under paragraph (1) (or one year
if the Secretary determines such additional time is necessary
to comply with applicable federal law), 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--
``(1) 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;
``(XI) describe the remedies for breach of the lease,
agreement, or right-of-way; and
``(XII) describe tribal remedies, if any, against the
United States for breach of any duties of the United States
under such tribal energy resource agreement.
``(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) Except as provided in clause (ii) of this
subparagraph, the preparation of a document comparable to an
environmental assessment as provided for in existing
regulations issued by the President's Council on
Environmental Quality, including brief discussions of the
need for the proposal and the environmental impacts
(including impacts on cultural resources) of the proposed
action and alternatives (which may be limited to a no-action
alternative except in circumstances in which section
102(2)(E) of the National Environmental Policy Act (42 U.S.C.
4332(2)(E)) would require a broader consideration of
alternatives if such action were proposed by a federal
agency);
``(ii) in the event that the environmental analysis
specified in clause (i) leads to a determination by the
responsible tribal official that the impacts of the proposed
action will be significant, the tribe will prepare an
environmental impact statement comparable to that required
pursuant to existing regulations of the Council on
Environmental Quality, provided that the preparation of an
environmental assessment pursuant to clause (i) is not
required if the responsible tribal official makes a threshold
determination that an environmental impact statement pursuant
to this clause (ii) will be required;
``(iii) the identification of proposed mitigation and
mechanisms to ensure that any mitigation measures that are
incorporated into the environmental documents required
pursuant to clause (i) or (ii) will be enforceable;
``(iv) a process for ensuring that the public is informed
of and has an opportunity to comment on the environmental
impacts of any proposed lease, business agreement, or right-
of-way before the issuance of a final document under clauses
(i) or (ii), and before tribal approval of the lease,
business agreement, or right-of-way (or any amendment to or
renewal of the lease, business agreement, or right-of-way);
and
``(v) 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).
``(4) If the Secretary disapproves a tribal energy 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 as
set forth in treaties, statutes, regulations, Executive
Orders, court decisions, and agreements between the United
States and any Indian tribe; provided further that the
Secretary shall carry out the actions required in this
section in a manner consistent with the trust responsibility
to protect and conserve the trust resources of Indian tribes
and individual Indians, and shall act in good faith in
upholding such trust responsibility.
``(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.
``(7)(A) In this paragraph, the term `interested party'
means any person or entity the interests of which have
sustained or will sustain an 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

[[Page S7735]]

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
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) An Indian tribe described in subparagraph (D) shall
retain all rights to appeal as provided in regulations
promulgated by the Secretary.
``(F) Any decision of the Secretary with respect to a
review or appeal described in this paragraph (7) 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.).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of the
Interior $2,000,000 for each of fiscal years 2004 through
2010 to make grants or provide other appropriate assistance
to Indian tribes to assist them in the implementation of any
tribal energy resource agreements entered into pursuant to
this section.
``(h) Expiration of Authority.--The authority of an Indian
tribe to enter into, or issue, leases, business agreements or
rights-of-way pursuant to this section, and the Secretary's
authority to approve tribal energy resource agreements
pursuant to this section, shall expire seven years after the
date of enactment of the Indian Energy Development and Self-
Determination Act of 2003, unless reauthorized by a
subsequent Act of Congress.

``SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS.

``(a) Definitions.--In this section:
``(1) The term `Administrator' means the Administrator of
the Bonneville Power Administration and the Administrator of
the Western Area Power Administration.
``(2) The term `power marketing administration' means--
``(A) the Bonneville Power Administration;
``(B) the Western Area Power Administration; and
``(C) any other power administration the power allocation
of which is used by or for the benefit of an Indian tribe
located in the service area of the administration.
``(b) Encouragement of Indian Tribal Energy Development.--
Each Administrator shall encourage Indian tribal energy
development by taking such actions as are appropriate,
including administration of programs of the Bonneville Power
Administration and the Western Area Power Administration, in
accordance with this section.
``(c) Action by the Administrator.--In carrying out this
section, and in accordance with existing law--
``(1) each Administrator shall consider the unique
relationship that exists between the United States and Indian
tribes.
``(2) power allocations from the Western Area Power
Administration to Indian tribes may be used to meet firming,
supplemental, 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, supplemental, 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 and
supplemental 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) Conforming 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:

[[Page S7736]]

``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.
______

SA 882. Mr. McConnell (for himself, Mrs. Feinstein, Mr. McCain, Mr.
Akaka, Mr. Alexander, Mr. Allard, Mr. Allen, Mr. Bennett, Mr. Biden,
Mr. Bingaman, Mrs. Boxer, Mr. Breaux, Mr. Brownback, Mr. Bunning, Mr.
Chambliss, Mrs. Clinton, Mr. Coleman, Ms. Collins, Mr. Corzine, Mr.
Daschle, Mr. Dayton, Mrs. Dole, Mr. Domenici, Mr. Durbin, Mr. Edwards,
Mr. Feingold, Mr. Frist, Mr. Hagel, Mr.  Dorgan, Mr. Burns, Mr. Kohl,
Mr. Harkin, Mrs. Hutchison, Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr.
Kyl, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mr. Lugar,
Ms. Mikulski, Ms. Murkowski, Mrs. Murray, Mr. Nelson of Nebraska, Mr.
Reid, Mr. Rockefeller, Mr. Santorum, Mr. Sarbanes, Mr. Schumer, Mr.
Smith, Mr. Specter, Ms. Stabenow, Mr. Voinovich, Mr. Wyden, Mr. Graham
of Florida, Mr. Baucus, and Mr. Campbell,) proposed an amendment to the
bill S. 1215, to sanction the ruling Burmese military junta, to
strengthen Burma's democratic foreces and support and recognize the
National League of Democracy as the legitimate representative of the
Burmese people, 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 ``Burmese Freedom and
Democracy Act of 2003''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has
failed to transfer power to the National League for Democracy
(NLD) whose parliamentarians won an overwhelming victory in
the 1990 elections in Burma.
(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed
the efforts of United Nations Special Envoy Razali bin Ismail
to further such dialogue.
(3) According to the State Department's ``Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma'' dated March 28, 2003, the SPDC has become ``more
confrontational'' in its exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued
support for the NLD throughout Burma, brutally attacked NLD
supporters, killed and injured scores of civilians, and
arrested democracy advocate Aung San Suu Kyi and other
activists.
(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of
intimidation and torture against women, and forcibly
conscripts child-soldiers for the use in fighting indigenous
ethnic groups.
(6) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit
drugs.
(7) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment
by United States authorities, and other producers and
traffickers of narcotics.
(8) The International Labor Organization (ILO), for the
first time in its 82-year history, adopted in 2000, a
resolution recommending that governments, employers, and
workers organizations take appropriate measures to ensure
that their relations with the SPDC do not abet the
government-sponsored system of forced, compulsory, or slave
labor in Burma, and that other international bodies
reconsider any cooperation they may be engaged in with Burma
and, if appropriate, cease as soon as possible any activity
that could abet the practice of forced, compulsory, or slave
labor.
(9) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively
destroying any free enterprise system.
(10) Investment in Burmese companies and purchases from
them serve to provide the SPDC with currency that is used to
finance its instruments of terror and repression against the
Burmese people.
(11) On April 15, 2003, the American Apparel and Footwear
Association expressed its ``strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports
from Burma'' and called upon the United States Government to
``impose an outright ban on U.S. imports'' of these items
until Burma demonstrates respect for basic human and labor
rights of its citizens.
(12) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the
NLD as the legitimate representative of the Burmese people as
determined by the 1990 election.

SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME
OF BURMA.

(a) General Ban.--
(1) In general.--Notwithstanding any other provision of
law, until such time as the President determines and
certifies to Congress that Burma has met the conditions
described in paragraph (3), no article may be imported
into the United States that is produced, mined,
manufactured, grown, or assembled in Burma.
(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among
other entities--
(A) the SPDC, any ministry of the SPDC, a member of the
SPDC or an immediate family member of such member;
(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
(D) the Myanmar Economic Corporation (MEC) or any company
in which the MEC has a fiduciary interest;
(E) the Union Solidarity and Development Association
(USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
(3) Conditions described.--The conditions described in this
paragraph are the following:
(A) The SPDC has made substantial and measurable progress
to end violations of internationally recognized human rights
including rape, and the Secretary of State, after
consultation with the ILO Secretary General and relevant
nongovernmental organizations, reports to the appropriate
congressional committees that the SPDC no longer
systematically violates workers rights, including the use of
forced and child labor, and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of religion; and
(v) bringing to a conclusion an agreement between the SPDC
and the democratic forces led by the NLD and Burma's ethnic
nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
(C) Pursuant to the terms of section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law
107-228), Burma has not failed demonstrably to make
substantial efforts to adhere to its obligations under
international counternarcotics agreements and to take other
effective counternarcotics measures, including the arrest and
extradition of all individuals under indictment in the United
States for narcotics trafficking, and concrete and measurable
actions to stem the flow of illicit drug money into Burma's
banking system and economic enterprises and to stop the
manufacture and export of methamphetamines.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means the Committees on Foreign Relations and Appropriations
of the Senate and the Committees on International Relations
and Appropriations of the House of Representatives.
(b) Waiver Authorities.--
(1) In general.--The President may waive the prohibitions
described in this section for any or all products imported
from Burma to the United States if the President determines
and notifies the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and International Relations of the House of Representatives
that to do so is in the national security interest of the
United States.
(2) International obligations.--The President may waive any
provision of this Act found to be in violation of any
international obligations of the United States pursuant to
any final ruling relating to Burma under the dispute
settlement procedures of the World Trade Organization.

SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
STATES.

Not later than 60 days after the date of enactment of this
Act, the Secretary of the Treasury shall direct, and
promulgate regulations to the same, that any United States
financial institution holding funds belonging to the SPDC
or the assets of those individuals who hold senior
positions in the SPDC or its political arm, the Union
Solidarity Development Association, shall promptly report
those assets to the Office of Foreign Assets Control. The
Secretary of the Treasury may take such action as may be
necessary to secure such assets or funds.

SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States
participates, to oppose, and vote against the extension by
such institution of any loan or financial or technical
assistance to Burma

[[Page S7737]]

until such time as the conditions described in section
3(a)(3) are met.

SEC. 6. EXPANSION OF VISA BAN.

(a) In General.--
(1) Visa ban.--The President is authorized to deny visas
and entry to the former and present leadership of the SPDC or
the Union Solidarity Development Association.
(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
ensure that an individual who is banned from obtaining a visa
by the European Union for the reasons described in paragraph
(1) is also banned from receiving a visa from the United
States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose
entry into the United States is banned under subsection (a).

SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF
INFORMATION.

(a) In General.--Congress encourages the Secretary of State
to highlight the abysmal record of the SPDC to the
international community and use all appropriate fora,
including the Association of Southeast Asian Nations Regional
Forum and Asian Nations Regional Forum, to encourage other
states to restrict financial resources to the SPDC and
Burmese companies while offering political recognition and
support to Burma's democratic movement including the National
League for Democracy and Burma's ethnic groups.
(b) United States Embassy.--The United States embassy in
Rangoon shall take all steps necessary to provide access of
information and United States policy decisions to media
organs not under the control of the ruling military regime.

SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

(a) In General.--The President is authorized to use all
available resources to assist Burmese democracy activists
dedicated to nonviolent opposition to the regime in their
efforts to promote freedom, democracy, and human rights in
Burma, including a listing of constraints on such
programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the date
of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and International Relations of the House of Representatives a
comprehensive report on its short- and long-term programs and
activities to support democracy activists in Burma, including
a list of constraints on such programming.
(2) Report on resources.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall
provide the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and International Relations of the House of Representatives a
report identifying resources that will be necessary for the
reconstruction of Burma, after the SPDC is removed from
power, including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
(E) providing health, educational, and economic
development.
______

SA 883. Mr. McCONNELL (for himself, Mr. Grassley, and Mr. Baucus)
proposed an amendment to amendment SA 882 proposed by Mr. McConnell
(for himself, Mrs. Feinstein, Mr. McCain, Mr. Akaka, Mr. Alexander, Mr.
Allard, Mr. Allen, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mrs. Boxer,
Mr. Breaux, Mr. Brownback, Mr. Bunning, Mr. Chambliss, Mrs. Clinton,
Mr. Coleman, Ms. Collins, Mr. Corzine, Mr. Daschle, Mr. Dayton, Mrs.
Dole, Mr. Domenici, Mr. Durbin, Mr. Edwards, Mr. Feingold, Mr. Frist,
Mr. Hagel, Mr. Dorgan, Mr. Burns, Mr. Kohl, Mr. Harkin, Mrs. Hutchison,
Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Kyl, Mr. Lautenberg, Mr.
Leahy, Mr. Levin, Mr. Lieberman, Mr. Lugar, Ms. Mikulski, Ms.
Murkowski, Mrs. Murray, Mr. Nelson of Nebraska, Mr. Reid, Mr.
Rockefeller, Mr. Santorum, Mr. Sarbanes, Mr. Schumer, Mr. Smith, Mr.
Specter, Ms. Stabenow, Mr. Voinovich, Mr. Wyden, Mr. Graham of Florida,
Mr. Baucus, and Mr. Campbell) to the bill S. 1215, to sanction the
ruling Burmese military junta, to strengthen Burma's democratic forces
and support and recognize the National League of Democracy as the
legitimate representative of the Burmese people, and for other
purposes; as follows:

On page 5, line 5, insert ``and except as provided in
section 9'' after ``law''.

Beginning on page 7, line 23, strike all through page 8,
line 3, and insert the following:
(4) Appropriate congressional committees.--In this Act, the
term ``appropriate congressional committees'' means the
Committee on Foreign Relations, the Committee on Finance, and
the Committee on Appropriations of the Senate and the
Committee on International Relations, the Committee on Ways
and Means, and the Committee on Appropriations of the House
of Representatives.

On page 8, beginning on line 5, strike all through line 13,
and insert the following:
(1) In general.--The President may waive the prohibitions
described in this section for any or all products imported
from Burma to the United States if the President determines
and notifies the appropriate congressional committees that to
do so is in the vital national security interest of the
United States.

On page 11, beginning on line 16, strike ``Committees on
Appropriations and Foreign Relations of the Senate'' and all
that follows through ``House of Representatives'' on line 19,
and insert ``appropriate congressional committees''.

On page 12, beginning on line 1, strike ``Committees on
Appropriations and Foreign Relations of the Senate'' and all
that follows through ``House of Representatives'' on line 4,
and insert ``appropriate congressional committees''.

On page 12, after line 16, insert the following:
(3) Report on trade sanctions.--Not later than 90 days
before the date that the import restrictions contained in
section 3(a)(1) are to expire, the Secretary of State, in
consultation with the United States Trade Representative and
other appropriate agencies, shall submit to the appropriate
congressional committees, a report on--
(A) conditions in Burma, including human rights violations,
arrest and detention of democracy activists, forced and child
labor, and the status of dialogue between the SPDC and the
NLD and ethnic minorities;
(B) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote
human rights and democracy in Burma; and
(C) the impact and effectiveness of the provisions of this
Act in furthering the policy objectives of the United States
toward Burma.

SEC. 9. DURATION OF SANCTIONS.

(a) Termination by Request From Democratic Burma.--The
President may terminate any provision in this Act upon the
request of a democratically elected government in Burma,
provided that all the conditions in section 3(a)(3) have been
met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in
section 3(a)(1) shall expire 1 year from the date of
enactment of this Act unless renewed under paragraph (2) of
this section.
(2) Resolution by congress.--The import restrictions
contained in section 3(a)(1) may be renewed annually for a 1-
year period if, prior to the anniversary of the date of
enactment of this Act, and each year thereafter, a renewal
resolution is enacted into law in accordance with subsection
(c).
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the 2
Houses of Congress, the sole matter after the resolving
clause of which is as follows: ``That Congress approves the
renewal of the import restrictions contained in section
3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of Congress by any
member of such House at any time within the 90-day period
before the expiration of the import restrictions contained in
section 3(a)(1); and
(ii) the provisions of subparagraph (B) shall apply.
(B) Expedited consideration.--The provisions of section 152
(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974.
______

SA 884. Mr. GRAHAM of Florida (for himself, Mrs. Feinstein, Ms.
Cantwell, Mr. Wyden, Mr. Nelson of Florida, Mrs. Boxer, Mr. Lautenberg,
Mr. Edwards, Mr. Kerry, Mrs. Murray, Mr. Lieberman, Mr. Akaka, Mr.
Leahy, Ms. Snowe, Mr. Dodd, Mr. Chafee, Mrs. Dole, Mr. Kennedy, Mr.
Corzine, and Ms. Collins) proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes; as follows:

Beginning on page 23, strike line 20 and all that follows
through page 25, line 8.
______

SA 885. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her 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:

At the end of title XI, add the following:

Subtitle I--Miscellaneous

SEC. 1195. ENERGY SECURITY OF ISRAEL.

(a) In General.--Notwithstanding any other provision of
law, the President may export oil to, or secure oil for, any
country pursuant to a bilateral international oil supply
agreement entered into by the United States with such nation
before June 25, 1979,

[[Page S7738]]

or to any country pursuant to the International Emergency Oil
Sharing Plan of the International Energy Agency.
(b) Memorandum of Agreement.--The following agreements
shall be deemed to have entered into force by operation of
law and shall be deemed to have no termination date:
(1) The agreement entitled ``Agreement amending and
extending the memorandum of agreement of June 22, 1979'',
entered into force November 13, 1994 (TIAS 12580).
(2) The agreement entitled ``Agreement amending the
contingency implementing arrangements of October 17, 1980'',
entered into force June 27, 1995 (TIAS 12670).

____________________