[Congressional Record Volume 149, Number 113 (Monday, July 28, 2003)]
[Senate]
[Pages S10072-S10075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1403. Mr. REID (for himself, Mr. Craig, Mr. Allard, Mrs. 
Feinstein, and Mr. Lieberman) 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:

       In division B, on page 4, line 19, insert ``and incremental 
     geothermal energy production'' after ``energy''.
       On page 6, strike lines 22 through 25, and insert:
       ``(4) Geothermal.--
       ``(A) Geothermal energy.--The term `geothermal energy' 
     means energy derived from a geothermal deposit (within the 
     meaning of section 613(e)(2)).
       ``(B) Incremental geothermal energy production.--
       ``(i) In general.--The term `incremental geothermal energy 
     production' means for any taxable year the excess of--

       ``(I) the total kilowatt hours of electricity produced from 
     a facility described in subsection (d)(4)(B), over
       ``(II) the average annual kilowatt hours produced at such 
     facility for 5 of the previous 7 calendar years before the 
     date of the enactment of this subparagraph after eliminating 
     the highest and the lowest kilowatt hour production years in 
     such 7-year period.

       ``(ii) Special rule.--A facility described in subsection 
     (d)(4)(B) which was placed in service at least 7 years before 
     the date of the enactment of this subparagraph shall 
     commencing with the year in which such date of enactment 
     occurs, reduce the amount calculated under clause (i)(II) 
     each year, on a cumulative basis, by the average percentage 
     decrease in the annual kilowatt hour production for the 7-
     year period described in clause (i)(II) with such cumulative 
     sum not to exceed 30 percent.
       On page 11, line 1, insert ``or incremental geothermal 
     energy production'' after ``energy''.
       On page 11, line 3, strike ``In general'' and insert 
     ``Geothermal or solar energy''.
       On page 11, strike lines 10 through 15, and insert:
       ``(B) Incremental geothermal energy production facility.--
       ``(i) In general.--In the case of a facility using 
     incremental geothermal energy production to produce 
     electricity, the term `qualified facility' means any facility 
     owned by the taxpayer which is originally placed in service 
     before such date of enactment, but only to the extent of its 
     incremental geothermal energy production.
       ``(ii) Special rule.--In the case of a qualified facility 
     described in clause (i), the 10-year period referred to in 
     subsection (a) shall be treated as beginning not earlier than 
     the date of the enactment of this subparagraph.
       On page 329, after line 20, add the following:

     SEC. 834. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO 
                   RETIREE HEALTH ACCOUNTS.

       (a) Amendment of Internal Revenue Code of 1986.--Paragraph 
     (5) of section 420(b) (relating to expiration) is amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2013''.
       (b) Amendments of ERISA.--
       (1) Section 101(e)(3) of the Employee Retirement Income 
     Security Act of 1974 (29 U.S.C. 1021(e)(3)) is amended by 
     striking ``Tax Relief Extension Act of 1999'' and inserting 
     ``Energy Tax Incentives Act of 2003''.
       (2) Section 403(c)(1) of such Act (29 U.S.C. 1103(c)(1)) is 
     amended by striking ``Tax Relief Extension Act of 1999'' and 
     inserting ``Energy Tax Incentives Act of 2003''.
       (3) Paragraph (13) of section 408(b) of such Act (29 U.S.C. 
     1108(b)(3)) is amended--
       (A) by striking ``January 1, 2006'' and inserting ``January 
     1, 2014'', and
       (B) by striking ``Tax Relief Extension Act of 1999'' and 
     inserting ``Energy Tax Incentives Act of 2003''.
                                 ______
                                 
  SA 1404. Mr. BURNS (for himself and Mr. Baucus) 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

[[Page S10073]]

purposes; which was ordered to lie on the table; as follows:

       On page 165, between lines 14 and 15, insert the following:

     SEC. 512. LIMITATION ON CERTAIN CHARGES ASSESSED TO THE FLINT 
                   CREEK PROJECT, MONTANA.

       Notwithstanding section 10(e)(1) of the Federal Power Act 
     (16 U.S.C. 803(e)(1)) or any other provision of Federal law 
     providing for the payment to the United States of charges for 
     the use of Federal land for the purposes of operating and 
     maintaining a hydroelectric development licensed by the 
     Federal Energy Regulatory Commission (referred to in this 
     section as the ``Commission''), any political subdivision of 
     the State of Montana that holds a license for Commission 
     Project No. 1473 in Granite and Deer Lodge Counties, Montana, 
     shall be required to pay to the United States for the use of 
     that land for each year during which the political 
     subdivision continues to hold the license for the project, 
     the lesser of--
       (1) $25,000; or
       (2) such annual charge as the Commission or any other 
     department or agency of the Federal Government may assess.
                                 ______
                                 
  SA 1405. Mr. Miller 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 end of subtitle C of title VI, insert the following:

     SEC. 625. CEILING FANS.

       (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``                                 9902.84.14       Ceiling fans for     Free        No change        No change        On or before 12/              ''.
                                                     permanent                                                          31/2013
                                                     installation
                                                     (provided for in
                                                     subheading
                                                     8414.51.00).

       (b) Effective Date.--The amendment made by this section 
     applies to goods entered, or withdrawn from warehouse, for 
     consumption on or after the 15th day after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1406. Mr. LAUTENBERG 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:

       Beginning on page 138, strike line 9 through page 146, line 
     14 and insert the following:
       ``(a) Allowance of Credit.--In the case of an individual, 
     there shall be allowed as a credit against the tax imposed by 
     this chapter for the taxable year an amount equal to the sum 
     of--
       ``(1) except as provided in paragraphs (2) and (3), 10 
     percent of the amount paid or incurred by the taxpayer for 
     qualified energy efficient building envelope improvements 
     installed during such taxable year,
       ``(2) 25 percent of the amount paid or incurred by the 
     taxpayer for qualified duct sealing services or qualified air 
     infiltration reduction services performed during such taxable 
     year, and
       ``(3) 20 percent of the amount paid or incurred by the 
     taxpayer for qualified replacement natural gas or propane 
     heating systems installed during such taxable year.
       ``(b) Limitation.--The credit allowed by this section with 
     respect to a dwelling for any taxable year shall not exceed 
     $300, reduced (but not below zero) by the sum of the credits 
     allowed under subsection (a) to the taxpayer with respect to 
     the dwelling for all preceding taxable years.
       ``(c) Carryforward of Unused Credit.--If the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by section 26(a) for such taxable year reduced by the sum of 
     the credits allowable under this subpart (other than this 
     section) for such taxable year, such excess shall be carried 
     to the succeeding taxable year and added to the credit 
     allowable under subsection (a) for such succeeding taxable 
     year.
       ``(d) Definitions.--For purposes of this section:
       ``(1) Qualified energy efficient building envelope 
     improvement.--The term `qualified energy efficient building 
     envelope improvement' means any energy efficient building 
     envelope component which is certified to meet or exceed the 
     prescriptive criteria for such component in the 2000 
     International Energy Conservation Code, or any combination of 
     energy efficiency measures which are certified as achieving 
     at least a 30 percent reduction in heating and cooling energy 
     usage for the dwelling (as measured in terms of energy cost 
     to the taxpayer), if--
       ``(A) such component or combination of measures is 
     installed in or on a dwelling which--
       ``(i) is located in the United States,
       ``(ii) has not been treated as a qualifying new home for 
     purposes of any credit allowed under section 45G, and
       ``(iii) is owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121),
       ``(B) the original use of such component or combination of 
     measures commences with the taxpayer, and
       ``(C) such component or combination of measures reasonably 
     can be expected to remain in use for at least 5 years.
       ``(2) Qualified duct sealing services.--
       ``(A) In general.--The term `qualified duct sealing 
     services' means services which bring the duct system of a 
     dwelling into compliance with the Energy Star Duct 
     Specifications published by the Environmental Protection 
     Agency if such service is performed with regard to a dwelling 
     which--
       ``(i) is located in the United States,
       ``(ii) has not been treated as a qualifying new home for 
     purposes of any credit allowed under section 45G, and
       ``(iii) is owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121).
       ``(B) Certification required.--Services shall not be 
     considered to be qualified duct sealing services unless the 
     dwelling is determined to be not in compliance with such 
     Energy Star Duct Specifications before such services and 
     certified to be in compliance with such Energy Star Duct 
     Specifications after such services.
       ``(3) Qualified air infiltration reduction services.--
       ``(A) In general.--The term `qualified air infiltration 
     reduction services' means services which bring the air 
     infiltration of a dwelling into compliance with the 
     infiltration requirements in the Energy Star Home Sealing 
     Specifications published by the Environmental Protection 
     Agency, if such service is performed with regard to a 
     dwelling which--
       ``(i) is located in the United States,
       ``(ii) has not been treated as a qualifying new home for 
     purposes of any credit allowed under section 45G, and
       ``(iii) is owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121).
       ``(B) Certification required.--Services shall not be 
     considered to be qualified air infiltration reduction 
     services unless the dwelling is determined to not be in 
     compliance with such Energy Star Home Sealing Specifications 
     before such services and is certified to be in compliance 
     with such Energy Star Home Sealing Specifications after such 
     services.
       ``(4) Qualified natural gas or propane heating systems.--
     The term `qualified natural gas or propane heating systems' 
     means a natural gas or propane furnace or boiler which is 
     certified to achieve at least 90 percent annual fuel 
     utilization efficiency (AFUE) and which replaces an existing 
     natural gas or propane furnace or boiler which has an AFUE of 
     less than 78 percent or which does not include a power burner 
     or induced draft exhaust, if--
       ``(A) such furnace or boiler is installed in a dwelling 
     which--
       ``(i) is located in the United States,
       ``(ii) has not been treated as a qualifying new home for 
     purposes of any credit allowed under section 45G, and
       ``(iii) is owned and used by the taxpayer as the taxpayer's 
     principal residence (within the meaning of section 121),
       ``(B) the original use of such furnace or boiler commences 
     with the taxpayer, and
       ``(C) such furnace or boiler reasonably can be expected to 
     remain in use for at least 5 years.
       ``(e) Certification.--
       ``(1) Methods of certification.--
       ``(A) Component-based method.--
       ``(i) Qualified energy efficient building envelope 
     components.--The certification described in paragraph (1) of 
     subsection (d) for any component described in such paragraph 
     shall be determined on the basis of applicable energy 
     efficiency ratings (including product labeling requirements) 
     for affected building envelope components.
       ``(ii) Qualified natural gas or propane heating systems.--
     The certification described in paragraph (4) of subsection 
     (d) shall be determined on the basis of applicable energy 
     efficiency ratings (including product labeling requirements) 
     for affected natural gas or propane furnaces or boilers.
       ``(B) Performance-based method.--
       ``(i) Qualified energy efficient building envelope 
     measures.--The certification described in paragraph (1) of 
     subsection (d) for any combination of measures described in 
     such paragraph shall be--

       ``(I) determined by comparing the projected heating and 
     cooling energy usage for the dwelling to such usage for such 
     dwelling in its original condition, and
       ``(II) accompanied by a written analysis documenting the 
     proper application of a permissible energy performance 
     calculation method to the specific circumstances of such 
     dwelling.

       ``(ii) Qualified duct sealing services.--The determination 
     and certification described in paragraph (2) of subsection 
     (d) shall be on the basis of test reports performed in 
     accordance with the Energy Star Duct Specifications.
       ``(iii) Qualified air infiltration reduction services.--The 
     determination and certification described in paragraph (3) of 
     subsection (d) shall be on the basis of test reports 
     performed in accordance with the Energy Star Home Sealing 
     Specifications.

[[Page S10074]]

       ``(iv) Computer software.--Computer software shall be used 
     in support of a performance-based method certification under 
     clause (i). Such software shall meet procedures and methods 
     for calculating energy and cost savings in regulations 
     promulgated by the Secretary of Energy. Such regulations on 
     the specifications for software and verification protocols 
     shall be based on the 2001 California Residential Alternative 
     Calculation Method Approval Manual.
       ``(2) Provider.--
       ``(A) Qualified energy efficient building envelope 
     improvements.--A certification described in paragraph (1) of 
     subsection (d) shall be provided by--
       ``(i) in the case of the method described in paragraph 
     (1)(A)(i), by a third party, such as a local building 
     regulatory authority, a utility, a manufactured home primary 
     inspection agency, or a home energy rating organization, or
       ``(ii) in the case of the method described in paragraph 
     (1)(B)(i), an individual recognized by an organization 
     designated by the Secretary for such purposes.
       ``(B) Qualified duct sealing services; qualified air 
     infiltration reduction services.--A determination or 
     certification described in paragraph (2) or (3) of subsection 
     (d) shall be provided by a State-licensed contractor.
       ``(C) Qualified natural gas or propane heating systems.--A 
     certification described in paragraph (4) of subsection (d) 
     shall be provided by a third party, such as a local building 
     regulatory authority, a utility, a manufactured home primary 
     inspection agency, or a home energy rating organization.
       ``(3) Form.--Any certification described in subsection (d) 
     shall be made in writing on forms which--
       ``(A) in the case of a certification described in paragraph 
     (1) of subsection (d), specify in readily inspectable fashion 
     the energy efficient components and other measures and their 
     respective efficiency ratings, and which include a permanent 
     label affixed to the electrical distribution panel of the 
     dwelling,
       ``(B) in the case of a certification described in paragraph 
     (2) or (3) of subsection (d), provide test data on air 
     infiltration and duct leakage, as appropriate, both before 
     and after services are provided, provide a signed 
     certification that all relevant aspects of the appropriate 
     Environmental Protection Agency specifications have been met, 
     and include a permanent label affixed to the electrical 
     distribution panel of the dwelling, and
       ``(C) in the case of a certification described in paragraph 
     (4) of subsection (d), specify in readily inspectable fashion 
     the energy efficiency rating of the natural gas or propane 
     furnace or boiler, and which include a permanent label 
     affixed to such furnace or boiler.
       ``(4) Regulations.--
       ``(A) In general.--In prescribing regulations under this 
     subsection for certification methods described in paragraph 
     (1)(B)(i), the Secretary, after examining the requirements 
     for energy consultants and home energy ratings providers 
     specified by the Mortgage Industry National Home Energy 
     Rating Standards, shall prescribe procedures for calculating 
     annual energy usage and cost reductions for heating and 
     cooling and for the reporting of the results. Such 
     regulations shall--
       ``(i) provide that any calculation procedures be fuel 
     neutral such that the same energy efficiency measures allow a 
     dwelling to be eligible for the credit under this section 
     regardless of whether such dwelling uses a gas or oil furnace 
     or boiler or an electric heat pump, and
       ``(ii) require that any computer software allow for the 
     printing of the Federal tax forms necessary for the credit 
     under this section and for the printing of forms for 
     disclosure to the owner of the dwelling.
       ``(B) Providers.--For purposes of paragraph (2)(A)(ii), the 
     Secretary shall establish requirements for the designation of 
     individuals based on the requirements for energy consultants 
     and home energy raters specified by the Mortgage Industry 
     National Home Energy Rating Standards.
       ``(f) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Dollar amounts in case of joint occupancy.--In the 
     case of any dwelling unit which is jointly occupied and used 
     during any calendar year as a residence by 2 or more 
     individuals the following rules shall apply:
       ``(A) The amount of the credit allowable under subsection 
     (a) by reason of expenditures for the qualified energy 
     efficiency improvements made during such calendar year by any 
     of such individuals with respect to such dwelling unit shall 
     be determined by treating all of such individuals as 1 
     taxpayer whose taxable year is such calendar year.
       ``(B) There shall be allowable, with respect to such 
     expenditures to each of such individuals, a credit under 
     subsection (a) for the taxable year in which such calendar 
     year ends in an amount which bears the same ratio to the 
     amount determined under subparagraph (A) as the amount of 
     such expenditures made by such individual during such 
     calendar year bears to the aggregate of such expenditures 
     made by all of such individuals during such calendar year.
       ``(2) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having paid his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of the cost of qualified energy efficiency 
     improvements made by such corporation.
       ``(3) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which the individual owns, such individual 
     shall be treated as having paid the individual's 
     proportionate share of the cost of qualified energy 
     efficiency improvements made by such association.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of 
     paragraph (1) of section 528(c) (other than subparagraph (E) 
     thereof) with respect to a condominium project substantially 
     all of the units of which are used as residences.
       ``(4) Building envelope component.--The term `building 
     envelope component' means--
       ``(A) any insulation material or system which is 
     specifically and primarily designed to reduce the heat loss 
     or gain in a dwelling when installed in or on such dwelling,
       ``(B) exterior windows (including skylights), and
       ``(C) exterior doors.
       ``(5) Manufactured homes included.--For purposes of this 
     section, the term `dwelling' includes a manufactured home 
     which conforms to Federal Manufactured Home Construction and 
     Safety Standards (24 C.F.R. 3280).
       ``(6) Coordination with residential energy efficient 
     property credit.--No credit shall be allowed under subsection 
     (a) with respect to any property to the extent for which a 
     credit is also allowed under section 25C.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this subsection) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(h) Termination.--
       ``(1) Qualified energy efficient building envelope 
     improvements.--Subsection (a) shall not apply to qualified 
     energy efficient building envelope improvements installed 
     after December 31, 2006.
       ``(2) Qualified duct sealing services; qualified air 
     infiltration reduction services; qualified natural gas or 
     propane heating systems.--Subsection (a) shall not apply to--
       ``(A) qualified duct sealing services or qualified air 
     infiltration reduction services performed after December 31, 
     2005, and
       ``(B) qualified natural gas or propane heating systems 
     installed after December 31, 2005.''.
                                 ______
                                 
  SA 1407. Mr. LAUTENBERG 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 end of title I of division B add the following:

     SEC. 102. EXPANSION OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   CERTAIN RENEWABLE RESOURCES TO INCLUDE WAVE 
                   ENERGY.

       (a) In General.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended--
       (1) by striking ``and'' at the end of subparagraph (G),
       (2) by striking the period at the end of subparagraph (H) 
     and inserting ``, and'', and
       (3) by adding at the end the following new subparagraph:
       ``(I) wave energy.''.
       (b) Wave Energy.--Section 45(c), as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(8) Wave energy.--The term `wave energy' means energy 
     derived from the energy stored in ocean waves.''.
       (c) Wave Energy Facility.--Section 45(d) (relating to 
     qualified facilities), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(8) Wave energy facility.--In the case of a facility 
     using wave energy to produce electricity, the term `qualified 
     facility' means any facility owned by the taxpayer which is 
     originally placed in service after the date of the enactment 
     of the Energy Tax Incentives Act of 2003 and before January 
     1, 2007.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act, in taxable years ending after 
     such date.
                                 ______
                                 
  SA 1408. Mr. BAUCUS 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 90, between lines 15 and 16, insert the following:

                       Subtitle D--Miscellaneous

     SEC. 1____. EXCHANGE OF CERTAIN NONPRODUCING FEDERAL OIL AND 
                   GAS LEASES.

       (a) Definitions.--In this section:
       (1) Badger-two medicine area.--The term ``Badger-Two 
     Medicine Area'' means the Forest Service land located in--
       (A) T. 31 N., R. 12-13 W.;

[[Page S10075]]

       (B) T. 30 N., R. 11-13 W.;
       (C) T. 29 N., R. 10-16 W.; and
       (D) T. 28 N., R. 10-14 W.
       (2) Blackleaf area.--The term ``Blackleaf Area'' means the 
     Federal land owned by the Forest Service and Bureau of Land 
     Management that is located in--
       (A) T. 27 N., R. 9 W.;
       (B) T. 26 N., R. 8-10 W.;
       (C) T. 25 N., R. 8-10 W.; and
       (D) T. 24 N., R. 8-9 W.
       (3) Eligible lessee.--The term ``eligible lessee'' means a 
     lessee under a nonproducing lease.
       (4) Nonproducing lease.--The term ``nonproducing lease'' 
     means a Federal oil or gas lease that is--
       (A) in existence and in good standing on the date of 
     enactment of this Act; and
       (B) located in the Badger-Two Medicine Area or the 
     Blackleaf Area.
       (5) Planning area.--The term ``Planning Area'' means each 
     of the Western and Central Planning Areas of the Gulf of 
     Mexico on the outer Continental Shelf.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) State.--The term ``State'' means the State of Montana.
       (b) Evaluation.--
       (1) In general.--The Secretary, in consultation with the 
     Governor of the State, the eligible lessees, and any other 
     interested persons, shall evaluate opportunities to enhance 
     domestic oil and gas production through the exchange of the 
     nonproducing leases.
       (2) Requirements.--In carrying out the evaluation under 
     paragraph (1), the Secretary shall--
       (A) consider opportunities to enhance domestic production 
     of oil and gas through--
       (i) the exchange of the nonproducing leases for oil and gas 
     lease tracts of comparable value in the State or in the 
     Planning Areas; and
       (ii) the issuance of bidding, royalty, or rental credits 
     for Federal onshore oil and gas leases in the State or in the 
     Planning Areas in exchange for the cancellation of the 
     nonproducing leases;
       (B) consider any other appropriate means to exchange, or 
     provide compensation for the cancellation of, nonproducing 
     leases, subject to the consent of the eligible lessees;
       (C) consider the views of any interested persons, including 
     the State;
       (D) determine the level of interest of the eligible lessees 
     in exchanging the nonproducing leases; and
       (E) develop recommendations on--
       (i)(I) whether to pursue an exchange of the nonproducing 
     leases; and
       (II) any changes in laws (including regulations) that are 
     necessary for the Secretary to carry out the exchange; and
       (ii) any other appropriate means by which to exchange, or 
     provide compensation for the cancellation of, nonproducing 
     leases.
       (3) Valuation of nonproducing leases.--For the purpose of 
     the evaluation under paragraph (1), the value of a 
     nonproducing lease shall be an amount equal to the difference 
     between--
       (A) the sum of--
       (i) the amount paid by the eligible lessee for the 
     nonproducing lease;
       (ii) any direct expenditures made by the eligible lessee 
     before the date of enactment of this Act associated with the 
     exploration and development of the nonproducing lease; and
       (iii) interest on any amounts under clauses (i) and (ii) 
     during the period beginning on the date on which the amount 
     was paid and ending on the date on which credits are issued 
     under paragraph (2)(A)(ii); and
       (B) the sum of the revenues from the nonproducing lease 
     during the term of the lease.
       (4) Suspension of leases in the badger-two medicine area.--
     To facilitate the evaluation under paragraph (1) and review 
     of the report under paragraph (5), the terms of nonproducing 
     leases in the Badger-Two Medicine Area shall be suspended for 
     a 3-year period beginning on the date of enactment of this 
     Act.
       (5) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     to the Committee on Resources of the House of Representatives 
     a report on the evaluation carried out under paragraph (1).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 1409. Mr. EDWARDS 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 end, add the following:

                       TITLE ____--MISCELLANEOUS

     SEC. ____. NEW SOURCE REVIEW.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall not require that any applicable 
     implementation plan under the Clean Air Act (42 U.S.C. 7401 
     et seq.) be revised or adopted to comply with any part of the 
     final rules relating to prevention of significant 
     deterioration and nonattainment new source review published 
     at 67 Fed. Reg. 80186 (December 31, 2002) and 68 Fed. Reg. 
     11316 (March 10, 2003), unless the Administrator demonstrates 
     that no major emitting facility or major stationary source in 
     the State would be permitted to increase the quantity of any 
     air pollutant emitted under the final rules without the 
     increase being considered to be a modification (as defined 
     section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)), if 
     the increase would have been considered to be such a 
     modification under the rules in effect and applicable to that 
     State before December 31, 2002.
       (b) Effect of Section.--Nothing in this section affects the 
     retention of State authority under section 116 of the Clean 
     Air Act (42 U.S.C. 7416).

                          ____________________