[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 12181-12196]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

  DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

                                 ______
                                 

                       DORGAN AMENDMENT NO. 3611

  (Ordered to lie on the table.)
  Mr. DORGAN submitted an amendment intended to be proposed by him

[[Page 12182]]

to the bill (H.R. 4577) making appropriations for the Departments of 
Labor, Health and Human Services, and Education, and related agencies 
for the fiscal year ending September 30, 2001, and for other purposes; 
as follows:

       On page 54, between lines 10 and 11, insert the following:
       Sec.   . From amounts appropriated under this title for the 
     National Institutes of Health, $100,000,000 shall be made 
     available to carry out the National Institutes of Health 
     Institutional Development Award (IDeA) Program under section 
     402(g) of the Public Health Service Act (42 U.S.C. 282(g)).
                                 ______
                                 

                     TORRICELLI AMENDMENT NO. 3612

  (Ordered to lie on the table.)
  Mr. TORRICELLI submitted an amendment intended to be proposed by him 
to the bill, H.R. 4577, supra; as follows:

       On page 54, between lines 10 and 11, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING THE DELIVERY OF 
                   EMERGENCY MEDICAL SERVICES.

       (a) Findings.--The Senate finds the following:
       (1) The State of New Jersey developed and implemented a 
     unique 2-tiered emergency medical services system nearly 25 
     years ago as a result of studies conducted in New Jersey 
     about the best way to provide services to State residents.
       (2) The 2-tiered system established in New Jersey includes 
     volunteer and for-profit emergency medical technicians who 
     provide basic life support and hospital-based paramedics who 
     provide advanced life support.
       (3) The New Jersey system has provided universal access for 
     all New Jersey residents to affordable emergency services, 
     while simultaneously ensuring that those persons in need of 
     the most advanced care receive such care from the proper 
     authorities.
       (4) The New Jersey system currently has an estimated 20,000 
     emergency medical technicians providing ambulance 
     transportation for basic life support and advanced life 
     support emergencies, over 80 percent of which are handled by 
     volunteers who are not reimbursed under the medicare program 
     under title XVIII of the Social Security Act.
       (5) The hospital-based paramedics, also known as mobile 
     intensive care units, are reimbursed under the medicare 
     program when they respond to advanced life support 
     emergencies.
       (6) The New Jersey system saves the lives of thousands of 
     New Jersey residents each year, while saving the medicare 
     program an estimated $39,000,000 in reimbursement fees.
       (7) When Congress requested that the Health Care Financing 
     Administration enact changes to the emergency medical 
     services fee schedule as a result of the Balanced Budget Act 
     of 1997, including a general overhaul of reimbursement rates 
     and administrative costs, it was in the spirit of 
     streamlining the agency, controlling skyrocketing health care 
     costs, and lengthening the solvency of the medicare program.
       (8) The Health Care Financing Administration is considering 
     implementing new emergency medical services reimbursement 
     guidelines that would destabilize or eliminate the 2-tier 
     system that has developed in the State of New Jersey.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Health Care Financing Administration should--
       (1) consider the unique nature of the emergency medical 
     services delivery system in New Jersey when implementing new 
     reimbursement guidelines for paramedics and hospitals under 
     the medicare program under title XVIII of the Social Security 
     Act; and
       (2) promote innovative emergency medical service systems 
     enacted by States that reduce reimbursement costs to the 
     medicare program while ensuring that all residents receive 
     quick and appropriate emergency care when needed.
                                 ______
                                 

                       EDWARDS AMENDMENT NO. 3613

  (Ordered to lie on the table.)
  Mr. EDWARDS submitted an amendment intended to be proposed by him to 
the bill, H.R. 4577, supra; as follows:

       On page 27, line 24, before the period insert the 
     following: ``: Provided further, That of the $33,750,168 made 
     available under this heading for syphilis and chlamydia 
     elimination, not less than 70 percent of the amount by which 
     such $33,750,168 is in excess of the amount made available 
     for such purposes for fiscal year 2000 shall be used to 
     implement the National Plan to Eliminate Syphilis''.
                                 ______
                                 

                        BAYH AMENDMENT NO. 3614

  (Ordered to lie on the table.)
  Mr. BAYH submitted an amendment intended to be proposed by him to the 
bill, H.R. 4577, supra; as follows:

       Beginning on page 53, strike line 12 and all that follows 
     through line 10 on page 54.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3615

  (Ordered to lie on the table.)
  Mr. MURKOWSKI (for Mr. Lott) submitted an amendment intended to be 
proposed by him to the bill, H.R. 4577, supra; as follows:

       At the end, add the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Energy Security and 
     Federal Fuels Tax Relief Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) increasing dependence on foreign sources of oil causes 
     systemic harm to all sectors of the domestic United States 
     economy, threatens national security, undermines the ability 
     of federal, state, and local units of government to provide 
     essential services, and jeopardizes the peace, security, and 
     welfare of the American people;
       (2) dependence on imports of foreign oil was 46 percent in 
     1992, but has risen to more than 55 percent by the beginning 
     of 2000, and is estimated by the Department of Energy to rise 
     to 65 percent by 2020 unless current policies are altered;
       (3) at the same time, despite increased energy 
     efficiencies, energy use in the United States is expected to 
     increase 27 percent by 2020.
       (4) the United States lacks a comprehensive national energy 
     policy and has taken actions that limit the availability and 
     capability of the domestic energy sources of oil and gas, 
     coal, nuclear and hydro;
       (5) a comprehensive energy strategy needs to be developed 
     to combat this trend, decrease the United States dependence 
     on imported oil supplies and strengthen our national energy 
     security;
       (6) the goal of this comprehensive strategy must be to 
     decrease the United States dependence on foreign oil supplies 
     to not more than 50 percent by the year 2010;
       (7) in order to meet this goal, this comprehensive energy 
     strategy needs to be multi-faceted and include enhancing the 
     use of renewable energy resources (including hydro, nuclear, 
     solar, wind, and biomass), conserving energy resources 
     (including improving energy efficiencies), and increasing 
     domestic supplies of nonrenewable resources (including oil, 
     natural gas, and coal);
       (8) however, conservation efforts and alternative fuels 
     alone will not enable America to meet this goal as 
     conventional energy sources supply 96 percent of America's 
     power at this time; and
       (9) immediate actions also need to be taken in order to 
     mitigate the effect of recent increases in oil prices on the 
     American consumer, including the poor and the elderly.
       (b) Purposes.--This purposes of this Act are to protect the 
     energy security of the United States by decreasing America's 
     dependency of foreign oil sources to not more than 50 percent 
     by the year 2010 by enhancing the use of renewable energy 
     resources, conserving energy resources (including improving 
     energy efficiencies), and increasing domestic energy supplies 
     and to mitigate the immediate effect of increases in energy 
     prices on the American consumer, including the poor and the 
     elderly.

  TITLE I--ENERGY SECURITY ACTIONS REQUIRED OF THE SECRETARY OF ENERGY

     SEC. 101. ANNUAL REPORT ON UNITED STATES ENERGY INDEPENDENCE.

       (a) Report.--Beginning on October 1, 2000, and annually 
     thereafter, the Secretary of Energy, in consultation with the 
     Secretary of Defense and the heads of other Federal agencies, 
     shall submit a report to the President and the Congress which 
     evaluates the progress the United States has made toward 
     obtaining the goal of not more than 50 percent dependence on 
     foreign oil sources by 2010. The Secretary shall adopt as 
     interim goals, a reduction in dependence on oil imports to 
     not more than 54 percent by 2005 and 52 percent by 2008.
       (b) Alternatives.--The report shall specify what specific 
     legislation or administrative actions must be implemented to 
     meet this goal and set forth a range of options and 
     alternatives with a benefit/cost analysis for each option or 
     alternative together with an estimate for the contribution 
     that each option or alternative could make to reduce foreign 
     oil imports. The report shall indicate, in detail, options 
     and alternatives (1) to increase the use of renewable 
     domestic energy sources, including conventional and non-
     conventional sources such as, but not limited to, increased 
     hydroelectric generation at existing Federal facilities, (2) 
     to conserve energy resources, including improving 
     efficiencies and decreasing consumption, and (3) to increase 
     domestic production and use of oil, natural gas, and coal, 
     including any actions that would need to be implemented to 
     provide access to, and transportation of, these energy 
     resources.
       (c) Refinery Capacity.--As part of the reports submitted in 
     2000, 2005, and 2008, the Secretary shall examine and report 
     on the condition of the domestic refinery industry and the 
     extent of domestic storage capacity for various categories of 
     petroleum products and make such recommendations as he 
     believes will enhance domestic capabilities to respond to 
     short-term shortages of various fuels due to climate or 
     supply interruptions.

[[Page 12183]]



     SEC. 102. REPORT OF THE NATIONAL PETROLEUM COUNCIL.

       The Secretary of Energy shall immediately review the report 
     of the National Petroleum Council submitted to him on 
     December 15, 1999, and shall submit such report, together 
     with any recommendations for administrative or legislative 
     actions, to the President no later than June 15, 2000.

     SEC. 103. INTERAGENCY WORK GROUP ON NATURAL GAS.

       (a) Interagency Work Group.--The Secretary of Energy shall 
     establish an Interagency Work Group on Natural Gas (referred 
     to as ``Group'' in this subsection) within the National 
     Economic Council. The Group shall include representatives 
     from each Federal agency that has a significant role in the 
     development and implementation of natural gas policy, 
     resource assessment, or technologies for natural gas 
     exploration, production, transportation, and use.
       (b) Strategy and Comprehensive Policy.--The Group shall 
     develop a strategy and comprehensive policy for the use of 
     natural gas as an essential component of overall national 
     objectives of energy security, economic growth, and 
     environmental protection. In developing the strategy and 
     policy, the Group shall solicit and consider suggestions from 
     States and local units of government, industry, and other 
     non-Federal groups, organizations, or individuals possessing 
     information or expertise in one or more areas under review by 
     the Group. The policy shall recognize the significant lead 
     times required for the development of additional natural gas 
     supplies and the delivery infrastructure required to 
     transport those supplies. The Group shall consider, but is 
     not limited to, issues of access to and development of 
     resources, transportation, technology development, 
     environmental regulation and the associated economic and 
     environmental costs of alternatives, education of future 
     workforce, financial incentives related to exploration, 
     production, transportation, development, and use of natural 
     gas.
       (c) Report.--The Group shall prepare a report setting forth 
     its recommendations on a comprehensive policy for the use of 
     natural gas and the specific elements of a national strategy 
     to achieve the objectives of the policy. The report shall be 
     transmitted to the Secretary of Energy within six months from 
     the date of the enactment of this Act.
       (d) Secretary Review.--The Secretary of Energy shall review 
     the report and, within 3 months, submit the report, together 
     with any recommendations for administrative or legislative 
     actions, to the President and the Congress.
       (e) Trends.--The Group shall monitor trends for the 
     assumptions used in developing its report, including the 
     specific elements of a national strategy to achieve the 
     objectives of the comprehensive policy and shall advise the 
     Secretary whenever it anticipates changes that might require 
     alterations in the strategy.
       (f) Progress Report.--On June 1, 2002, and every two years 
     thereafter, the Group shall submit a report to the President 
     and the Congress evaluating the progress that has been made 
     in the prior two years in implementing the strategy and 
     accomplishing the objectives of the comprehensive policy.

TITLE II--AMENDMENTS TO ENERGY POLICY AND CONSERVATION ACT AND ACTIONS 
               AFFECTING THE STRATEGIC PETROLEUM RESERVE

     SEC. 201. AMENDMENTS TO TITLE I OF EPCA.

       Title I of the Energy Policy and Conservation Act (42 
     U.S.C. 6211-6251) is amended--
       (1) in section 161(h) (42 U.S.C. 6241), by--
       (A) striking ``and'' at the end of (1)(A),
       (B) striking ``,'' and inserting ``; and'' at the end of 
     (1)(B), and
       (C) inserting after paragraph (B) the following new 
     paragraph:
       ``(C) concurs in the determination of the Secretary of 
     Defense that action taken under this subsection will not 
     impair national security.'', and
       (D) striking ``Reserve'' and inserting ``Reserve, if the 
     Secretary finds that action taken under this subsection will 
     not have an adverse effect on the domestic petroleum 
     industry.'' at the end of (1).;
       (2) in section 166 (42 U.S.C. 6246), by striking ``March 
     31, 2000'' and inserting ``December 31, 2003''; and
       (3) in section 181 (42 U.S.C. 6251), by striking ``March 
     31, 2000'' each place it appears and inserting ``December 31, 
     2003''.

     SEC. 202. AMENDMENTS TO TITLE II OF EPCA.

       Title II of the Energy Policy and Conservation Act (42 
     U.S.C. 6261-6285) is amended--
       (1) in section 256(h) (42 U.S.C. 6276(h)), by inserting 
     ``through 2003'' after ``1997''; and
       (2) in section 281 (42 U.S.C. 6285), by striking `March 31, 
     2000' each place it appears and inserting ``December 31, 
     2003''.

     SEC. 203. STRATEGIC PETROLEUM RESERVE STUDY AND REPORT.

       The President shall immediately establish an Interagency 
     Panel on the Strategic Petroleum Study (referred to as the 
     ``Panel'' in this section) to study oil markets and estimate 
     the extent and frequency of fluctuations in the supply and 
     price of, and demand for crude oil in the future and 
     determine appropriate capacity of and uses for the Strategic 
     Petroleum Reserve. The Panel may recommend changes in 
     existing authorities to provide additional flexibility for 
     and strengthen the ability of the Strategic Petroleum Reserve 
     to respond to energy requirements. The Panel shall complete 
     its study and submit a report containing its findings and any 
     recommendations to the President and the Congress within six 
     months from the date of enactment of this Act.

TITLE III--PROVISIONS TO PROTECT CONSUMERS AND LOW INCOME FAMILIES AND 
                     ENCOURAGE ENERGY EFFICIENCIES

     SEC. 301. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
                   INCOME PERSONS.

       (a) The matter under the heading ``Energy Conservation 
     (including transfer of funds)'' in title II of the Department 
     of the Interior and Related Agencies Appropriations Act, 2000 
     (113 Stat. 1535, 1501A-180), is amended by striking 
     ``grants:'' and all that follows and inserting ``grants.''.
       (b) Section 415 of the Energy Conservation and Production 
     Act (42 U.S.C. 6865) is amended--
       (1) in subsection (a)(1) by striking the first sentence;
       (2) in subsection (a)(2) by--
       (A) striking ``(A)'',
       (B) striking ``approve a State's application to waive the 
     40 percent requirement established in paragraph (1) if the 
     State includes in its plan'' and inserting ``establish'', and
       (C) striking subparagraph (B);
       (3) in subsection (c)(1) by--
       (A) striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraph (3)'',
       (B) striking ``$1600'' and inserting ``$2500'',
       (C) striking ``and'' at the end of subparagraph (C),
       (D) striking the period and inserting
     ``, and'' in subparagraph (D), and
       (E) inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the cost of making heating and cooling modifications, 
     including replacement'';
       (4) in subsection (c)(3) by--
       (A) striking ``1991, the $1600 per dwelling unit 
     limitation'' and inserting ``2000, the $2500 per dwelling 
     unit average'',
       (B) striking ``limitation'' and inserting ``average'' each 
     time it appears, and
       (C) inserting ``the'' after ``beginning of'' in 
     subparagraph (B); and
       (5) by striking subsection (c)(4).

     SEC. 302. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       (a) Part C of title II of the Energy Policy and 
     Conservation Act (42 U.S.C. 6211 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Budget contract.--The term `budget contract' means a 
     contract between a retailer and a consumer under which the 
     heating expenses of the consumer are spread evenly over a 
     period of months.
       ``(2) Fixed-price contract.--The term `fixed-price 
     contract' means a contract between a retailer and a consumer 
     under which the retailer charges the consumer a set price for 
     propane, kerosene, or heating oil without regard to market 
     price fluctuations.
       ``(3) Price cap contract.--The term `price cap contract' 
     means a contract between a retailer and a consumer under 
     which the retailer charges the consumer the market price for 
     propane, kerosene, or heating oil, but the cost of the 
     propane, kerosene, or heating oil may not exceed a maximum 
     amount stated in the contract.
       ``(b) Assistance.--At the request of the chief executive 
     officer of a State, the Secretary shall provide information, 
     technical assistance, and funding--
       ``(1) to develop education and outreach programs to 
     encourage consumers to fill their storage facilities for 
     propane, kerosene, and heating oil during the summer months; 
     and
       ``(2) to promote the use of budget contracts, price cap 
     contracts, fixed-price contracts, and other advantageous 
     financial arrangements;
     to avoid severe seasonal price increases for and supply 
     shortages of those products.
       ``(c) Preference.--In implementing this section, the 
     Secretary shall give preference to States that contribute 
     public funds or leverage private funds to develop State 
     summer fill and fuel budgeting programs.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $25,000,000 for fiscal year 2001; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.
       ``(e) Inapplicability of Expiration Provision.--Section 281 
     does not apply to this section.''.
       (b) The table of contents in the first section of the 
     Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is 
     amended by inserting after the item relating to section 272 
     the following:

``Sec. 273. Summer fill and fuel budgeting programs.''.

     SEC. 303. ENERGY EFFICIENCY SCIENCE INITIATIVE.

       There are authorized to be appropriated $25,000,000 for 
     fiscal year 2001 and such sums as are necessary for each 
     fiscal year thereafter be for an Energy Efficiency Science 
     Initiative to be managed by the Assistant Secretary for 
     Energy Efficiency and Renewable

[[Page 12184]]

     Energy in consultation with the Director of the Office of 
     Science, for grants to be competitively awarded and subject 
     to peer review for research relating to energy efficiency. 
     The Secretary of Energy shall submit to the Committee on 
     Science and the Committee on Appropriations of the House of 
     Representatives, and to the Committee on Energy and Natural 
     Resources and the Committee on Appropriations of the Senate, 
     an annual report on the activities of the Energy Efficiency 
     Science Initiative, including a description of the process 
     used to award the funds and an explanation of how the 
     research relates to energy efficiency.

     SEC. 304. NORTHEAST HOME HEATING OIL RESERVE.

       (a) Amendment.--Title I of the Energy Policy and 
     Conservation Act is amended by--
       (1) redesignating part D as part E;
       (2) redesignating section 181 as section 191; and
       (3) inserting after part C the following new part D--

              ``PART D--NORTHEAST HOME HEATING OIL RESERVE


                            ``establishment

       ``Sec. 181. (a) Notwithstanding any other provision of this 
     Act, the Secretary may establish, maintain, and operate in 
     the Northeast, a Northeast Home Heating Oil Reserve. A 
     Reserve established under this part is not a component of the 
     Strategic Petroleum Reserve established under part B of this 
     title. A Reserve established under this part shall contain no 
     more than 2 million barrels of petroleum distillate.
       ``(b) For the purposes of this part--
       ``(1) the term `Northeast' means the States of Maine, New 
     Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, 
     New York, Pennsylvania, and New Jersey; and
       ``(2) the term `petroleum distillate' includes heating oil 
     and diesel fuel.


                              ``authority

       ``Sec. 182. To the extent necessary or appropriate to carry 
     out this part, the Secretary may--
       ``(1) purchase, contract for, lease, or otherwise acquire, 
     in whole or in part, storage and related facilities, and 
     storage services;
       ``(2) use, lease, maintain, sell, or otherwise dispose of 
     storage and related facilities acquired under this part;
       ``(3) acquire by purchase, exchange (including exchange of 
     petroleum product from the Strategic Petroleum Reserve or 
     received as royalty from Federal lands), lease, or otherwise, 
     petroleum distillate for storage in the Northeast Home 
     Heating Oil Reserve;
       ``(4) store petroleum distillate in facilities not owned by 
     the United States;
       ``(5) sell, exchange, or otherwise dispose of petroleum 
     distillate from the Reserve established under this part; and
       ``(6) notwithstanding paragraph (5), on terms the Secretary 
     considers reasonable, sell, exchange, or otherwise dispose of 
     petroleum distillate from the Reserve established under this 
     part in order to maintain the quality or quantity of the 
     petroleum distillate in the Reserve or to maintain the 
     operational capability of the Reserve.


                     ``conditions for release; plan

       ``Sec. 183. (a) The Secretary may release petroleum 
     distillate from the Reserve under section 182(5) only in the 
     event of--
       ``(1) a severe energy supply disruption;
       ``(2) a severe price increase; or
       ``(3) another emergency affecting the Northeast, which the 
     President determines to merit a release from the Reserve.
       ``(b) Within 45 days of the date of the enactment of this 
     section, the Secretary shall transmit to the President and, 
     if the President approves, to the Congress a plan 
     describing--
       ``(1) the acquisition of storage and related facilities or 
     storage services for the Reserve;
       ``(2) the acquisition of petroleum distillate for storage 
     in the Reserve;
       ``(3) the anticipated methods of disposition of petroleum 
     distillate from the Reserve; and
       ``(4) the estimated costs of establishment, maintenance, 
     and operation of the Reserve.
     The storage of petroleum distillate in a storage facility 
     that meets existing environmental requirements is not a 
     `major Federal action significantly affecting the quality of 
     the human environment' as that term is used in section 
     102(2)(C) of the National Environmental Policy Act of 1969.


              ``northeast home heating oil reserve account

       ``Sec. 184. (a) Upon a decision of the Secretary of Energy 
     to establish a Reserve under this part, the Secretary of the 
     Treasury shall establish in the Treasury of the United States 
     an account known as the `Northeast Home Heating Oil Reserve 
     Account' (referred to in this section as the `Account').
       ``(b) The Secretary of the Treasury shall deposit in the 
     Account any amounts appropriated to the Account and any 
     receipts from the sale, exchange, or other disposition of 
     petroleum distillate from the Reserve.
       ``(c) The Secretary of Energy may obligate amounts in the 
     Account to carry out activities under this part without the 
     need for further appropriation, and amounts available to the 
     Secretary of Energy for obligation under this section shall 
     remain available without fiscal year limitation.


                              ``exemptions

       ``Sec. 185. An action taken under this part--
       ``(1) is not subject to the rulemaking requirements of 
     section 523 of this Act, section 501 of the Department of 
     Energy Organization Act, or section 553 of title 5, United 
     States Code; and
       ``(2) is not subject to laws governing the Federal 
     procurement of goods and services, including the Federal 
     Property and Administrative Services Act of 1949 (including 
     the Competition in Contracting Act) and the Small Business 
     Act.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     part D of title I of the Energy Policy and Conservation Act.

  TITLE IV--PROVISIONS TO ENHANCE THE USE OF DOMESTIC ENERGY RESOURCES

                  Subtitle A--Hydroelectric Resources

     SEC. 401. USE OF FEDERAL FACILITIES.

       (a) The Secretary of the Interior and the Secretary of the 
     Army shall each inventory all dams, impoundments, and other 
     facilities under their jurisdiction.
       (b) Based on this inventory and other information, the 
     Secretary of the Interior and Secretary of the Army shall 
     each submit a report to the Congress within six months from 
     the date of enactment of this Act. Each report shall--
       (1) Describe, in detail, each facility that is capable, 
     with or without modification, of producing additional 
     hydroelectric power. For each such facility, the report shall 
     state the full potential for the facility to generate 
     hydroelectric power, whether the facility is currently 
     generating hydroelectric power, and the costs to install, 
     upgrade, modify, or take other actions to increase the 
     hydroelectric generating capability of the facility. For each 
     facility that currently has hydroelectric generating 
     equipment, the report shall indicate the condition of such 
     equipment, the maintenance requirements, and the schedule for 
     any improvements as well as the purposes for which power is 
     generated.
       (2) Describe what actions are planned and underway to 
     increase the hydroelectric production from facilities under 
     his jurisdiction and shall include any recommendations the 
     Secretary deems advisable to increase such production, reduce 
     costs, and improve efficiency at Federal facilities, 
     including, but not limited to, use of lease of power 
     privilege and contracting with non-Federal entities for 
     operation and maintenance.

     SEC. 402. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.

       The Federal Energy Regulatory Commission shall immediately 
     undertake a comprehensive review of policies, procedures and 
     regulations for the licensing of hydroelectric projects to 
     determine how to reduce the cost and time of obtaining a 
     license. The Commission shall report its findings within six 
     months of the date of enactment to the Congress, including 
     any recommendations for legislative changes.

                     Subtitle B--Nuclear Resources

     SEC. 410. NUCLEAR GENERATION.

       The Chairman of the Nuclear Regulatory Commission shall 
     submit a report to the Congress within six months from the 
     date of enactment of this Act on the state of nuclear power 
     generation and production in the United States and the 
     potential for increasing nuclear generating capacity and 
     production as part of this nation's energy mix. The report 
     shall also review the status of the relicensing process for 
     civilian nuclear power plants, including current and 
     anticipated applications, and recommendations for 
     improvements in the process, including, but not limited to 
     recommendations for expediting the process and ensuring that 
     relicensing is accomplished in a timely manner.

     SEC. 411. NRC HEARING PROCEDURE.

       Section 189(a)(1) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2239(a)(1)) is amended by adding at the end the 
     following--
       ``(C) Hearings.--A hearing under this section shall be 
     conducted using informal adjudicatory procedures established 
     under sections 553 and 555 of title 5, United States Code, 
     unless the Commission determines that formal adjudicatory 
     procedures are necessary--
       ``(i) to develop a sufficient record; or
       ``(ii) to achieve fairness.''.

   Subtitle C--Development of a National Spent Nuclear Fuel Strategy

     SEC. 415. FINDINGS.

       (a) Prior to permanent closure of the geologic repository 
     in Yucca Mountain, Congress must determine whether the spent 
     fuel in the repository should be treated as waste subject to 
     permanent burial or should be considered an energy resource 
     that is needed to meet future energy requirements;
       (b) Future use of nuclear energy may require construction 
     of a second geologic repository unless Yucca Mountain can 
     safely accommodate additional spent fuel. Improved spent fuel 
     strategies may increase the capacity of Yucca Mountain.
       (c) Prior to construction of any second permanent geologic 
     repository, the nation's current plans for permanent burial 
     of spent fuel should be reevaluated.

     SEC. 416. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

       (a) Establishment.--There is hereby established an Office 
     of Spent Nuclear Fuel Research (referred to as the ``Office'' 
     in this

[[Page 12185]]

     section) within the Office of Nuclear Energy Science and 
     Technology of the Department of Energy. The Office shall be 
     headed by the Associate Director, who shall be a member of 
     the Senior Executive Service appointed by the Director of the 
     Office of Nuclear Energy Science and Technology, and 
     compensated at a rate determined by applicable law.
       (b) Associate Director.--The Associate Director of the 
     Office of Spent Nuclear Fuel Research shall be responsible 
     for carrying out an integrated research, development, and 
     demonstration program on technologies for treatment, 
     recycling, and disposal of high-level nuclear radioactive 
     waste and spent nuclear fuel, subject to the general 
     supervision of the Secretary. The Associate Director of the 
     Office shall report to the Director of the Office of Nuclear 
     Energy Science and Technology. The first such Associate 
     Director shall be appointed within 90 days of the enactment 
     of this Act.
       (c) Grant and Contract Authority.--In carrying out his 
     responsibilities under this section, the Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in (d)(2).
       (d)(1) Duties.--The Associate Director of the Office shall 
     involve national laboratories, universities, the commercial 
     nuclear industry, and other organizations to investigate 
     technologies for the treatment, recycling, and disposal of 
     spent nuclear fuel and high-level radioactive waste.
       (2) The Associate Director of the Office shall:
       (A) develop a research plan to provide recommendations by 
     2015;
       (B) identify technologies for the treatment, recycling, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste;
       (C) conduct research and development activities on such 
     technologies;
       (D) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to health of 
     the general public or site workers, as well as development of 
     cost-effective technologies;
       (E) require research on both reactor- and accelerator-based 
     transmutation systems;
       (F) require research on advanced processing and 
     separations;
       (G) encourage that research efforts include participation 
     of international collaborators;
       (H) be authorized to fund international collaborators when 
     they bring unique capabilities not available in the United 
     States and their host country is unable to provide for their 
     support;
       (I) ensure that research efforts with the Office are 
     coordinated with research on advance fuel cycles and reactors 
     conducted within the Office of Nuclear Energy Science and 
     Technology.
       (e) Report.--The Associate Director of the Office of Spent 
     Nuclear Fuel Research shall annually prepare and submit a 
     report to the Congress on the activities and expenditures of 
     the Office, including the process that has been made to 
     achieve the objectives of paragraph (b).

                       Subtitle D--Coal Resources

     SEC. 420. COAL GENERATING CAPACITY.

       The Secretary of Energy shall examine existing coal-fired 
     power plants and submit a report to the Congress within six 
     months from the enactment of this Act on the potential of 
     such plants for increased generation and any impediments to 
     achieving such increase. The report shall describe, in 
     detail, options for improving the efficiency of these plants. 
     The report shall include recommendations for a program of 
     research, development, demonstration, and commercial 
     application to develop economically and environmentally 
     acceptable advanced technologies for current electricity 
     generation facilities using coal as the primary feedstock, 
     including commercial-scale applications of advanced clean 
     coal technologies. The report shall also include an 
     assessment of the costs to develop and demonstrate such 
     technologies and the time required to undertake such 
     development and demonstration.

     SEC. 425. COAL LIQUEFACTION.

       The Secretary of Energy shall provide grants for the 
     refinement and demonstration of new technologies for the 
     conversion of coal to liquids. Such grants shall be for the 
     design and construction of an indirect liquefaction plant 
     capable of production in commercial quantities. There are 
     authorized to be appropriated for the purpose of this section 
     such sums as may be necessary through fiscal year 2004.

   TITLE V--ARCTIC COASTAL PLAIN DOMESTIC ENERGY SECURITY ACT OF 2000

     SEC. 501. SHORT TITLE

       This title may be cited as the ``Arctic Coastal Plain 
     Domestic Energy Security Act of 2000''.

     SEC. 502. DEFINITIONS.

       When used in this title the term--
       (1) ``Coastal Plain'' means that area identified as such in 
     the map entitled ``Arctic National Wildlife Refuge'', dated 
     August 1980, as referenced in section 1002(b) of the Alaska 
     National Interest Lands Conservation Act of 1980 (16 U.S.C. 
     3142(b)(1)) comprising approximately 1,549,000 acres; and
       (2) ``Secretary'', except as otherwise provided, means the 
     Secretary of the Interior or the Secretary's designee.

     SEC. 503. LEASING PROGRAM FOR LANDS WITHIN THE COASTAL PLAIN.

       (a) Authorization.--The Congress hereby authorizes and 
     directs the Secretary, acting through the Bureau of Land 
     Management in consultation with the Fish and Wildlife Service 
     and other appropriate Federal offices and agencies, to take 
     such actions as are necessary to establish and implement a 
     competitive oil and gas leasing program that will result in 
     an environmentally sound program for the exploration, 
     development, and production of the oil and gas resources of 
     the Coastal Plain and to administer the provisions of this 
     title through regulations, lease terms, conditions, 
     restrictions, prohibitions, stipulations, and other 
     provisions that ensure the oil and gas exploration, 
     development, and production activities on the Coastal Plain 
     will result in no significant adverse effect on fish and 
     wildlife, their habitat, subsistence resources, and the 
     environment, and shall require the application of the best 
     commercially available technology for oil and gas 
     exploration, development, and production, on all new 
     exploration, development, and production operations, and 
     whenever practicable, on existing operations, and in a manner 
     to ensure the receipt of fair market value by the public for 
     the mineral resources to be leased.
       (b) Repeal.--The prohibitions and limitations contained in 
     section 1003 of the Alaska National Interest Lands 
     Conservation Act of 1980 (16 U.S.C. 3143) are hereby 
     repealed.
       (c) Compatibility.--Congress hereby determines that the oil 
     and gas leasing program and activities authorized by this 
     section in the Coastal Plain are compatible with the purposes 
     for which the Arctic National Wildlife Refuge was 
     established, and that no further findings or decisions are 
     required to implement this determination.
       (d) Sole Authority.--This title shall be the sole authority 
     for leasing on the Coastal Plain: Provided, That nothing in 
     this title shall be deemed to expand or limit State and local 
     regulatory authority.
       (e) Federal Land.--The Coastal Plain shall be considered 
     ``Federal land'' for the purposes of the Federal Oil and Gas 
     Royalty Management Act of 1982.
       (f) Special Areas.--The Secretary, after consultation with 
     the State of Alaska, City of Kaktovik, and the North Slope 
     Borough, is authorized to designate up to a total of 45,000 
     acres of the Coastal Plain as Special Areas and close such 
     areas to leasing if the Secretary determines that these 
     Special Areas are of such unique character and interest so as 
     to require special management and regulatory protection. The 
     Secretary may, however, permit leasing of all or portions of 
     any Special Areas within the Coastal Plain by setting lease 
     terms that limit or condition surface use and occupancy by 
     lessees of such lands but permit the use of horizontal 
     drilling technology from sites on leases located outside the 
     designated Special Areas.
       (g) Limitation on Closed Areas.--The Secretary's sole 
     authority to close lands within the Coastal Plain to oil and 
     gas leasing and to exploration, development, and production 
     is that set forth in this title.
       (h) Conveyance.--In order to maximize Federal revenues by 
     removing clouds on title of lands and clarifying land 
     ownership patterns within the Coastal Plain, the Secretary, 
     notwithstanding the provisions of section 1302(h)(2) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3192(h)(2)), is authorized and directed to convey (1) to the 
     Kaktovik Inupiat Corporation the surface estate of the lands 
     described in paragraph 2 of the Public Land Order 6959, to 
     the extent necessary to fulfill the Corporation's entitlement 
     under section 12 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1611), and (2) to the Arctic Slope Regional 
     Corporation the subsurface estate beneath such surface estate 
     pursuant to the August 9, 1983, agreement between the Arctic 
     Slope Regional Corporation and the United States of America.

     SEC. 504. RULES AND REGULATIONS.

       (a) Promulgation.--The Secretary shall prescribe such rules 
     and regulations as may be necessary to carry out the purposes 
     and provisions of this title, including rules and regulations 
     relating to protection of the fish and wildlife, their 
     habitat, subsistence resources, and the environment of the 
     Coastal Plain. Such rules and regulations shall be 
     promulgated no later than fourteen months after the date of 
     enactment of this title and shall, as of their effective 
     date, apply to all operations conducted under a lease issued 
     or maintained under the provisions of this title and all 
     operations on the Coastal Plain related to the leasing, 
     exploration, development, and production of oil and gas.
       (b) Revision of Regulations.--The Secretary shall 
     periodically review and, if appropriate, revise the rules and 
     regulations issued under subsection (a) of this section to 
     reflect any significant biological, environmental, or 
     engineering data which come to the Secretary's attention.

     SEC. 505. ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S 
                   LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT.

       The ``Final Legislative Environmental Impact Statement'' 
     (April 1987) on the Coastal Plain prepared pursuant to 
     section 1002 of the Alaska National Interest Lands 
     Conservation Act of 1980 (16 U.S.C. 3142) and section 
     102(2)(C) of the National Environmental

[[Page 12186]]

     Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is hereby found by 
     the Congress to be adequate to satisfy the legal and 
     procedural requirements of the National Environmental Policy 
     Act of 1969 with respect to actions authorized to be taken by 
     the Secretary to develop and promulgate the regulations for 
     the establishment of the leasing program authorized by this 
     title, to conduct the first lease sale and any subsequent 
     lease sale authorized by this title, and to grant rights-of-
     way and easements to carry out the purposes of this title.

     SEC. 506. LEASE SALES.

       (a) Lease Sales.--Lands may be leased pursuant to the 
     provisions of this title to any person qualified to obtain a 
     lease for deposits of oil and gas under the Mineral Leasing 
     Act, as amended (30 U.S.C. 181).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale; and
       (2) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sales on Coastal Plain.--The Secretary shall, by 
     regulation, provide for lease sales of lands on the Coastal 
     Plain. When lease sales are to be held, they shall occur 
     after the nomination process provided for in subsection (b) 
     of this section. For the first lease sale, the Secretary 
     shall offer for lease those acres receiving the greatest 
     number of nominations, but no less than two hundred thousand 
     acres and no more than three hundred thousand acres shall be 
     offered. If the total acreage nominated is less than two 
     hundred thousand acres, the Secretary shall include in such 
     sale any other acreage which he believes has the highest 
     resource potential, but in no event shall more than three 
     hundred thousand acres of the Coastal Plain be offered in 
     such sale. With respect to subsequent lease sales, the 
     Secretary shall offer for lease no less than two hundred 
     thousand acres of the Coastal Plain. The initial lease sale 
     shall be held within twenty months of the date of enactment 
     of this title. The second lease sale shall be held no later 
     than twenty-four months after the initial sale, with 
     additional sales conducted no later than twelve months 
     thereafter so long as sufficient interest in development 
     exists to warrant, in the Secretary's judgment, the conduct 
     of such sales.

     SEC. 507. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--The Secretary is authorized to grant to 
     the highest responsible qualified bidder by sealed 
     competitive cash bonus bid any lands to be leased on the 
     Coastal Plain upon payment by the lessee of such bonus as may 
     be accepted by the Secretary and of such royalty as may be 
     fixed in the lease, which shall be not less then 12\1/2\ per 
     centum in amount or value of the production removed or sold 
     from the lease.
       (b) Antitrust Review.--Following each notice of a proposed 
     lease sale and before the acceptance of bids and the issuance 
     of leases based on such bids, the Secretary shall allow the 
     Attorney General, in consultation with the Federal Trade 
     Commission, thirty days to perform an antitrust review of the 
     results of such lease sale on the likely effects the issuance 
     of such leases would have on competition and the Attorney 
     General shall advise the Secretary with respect to such 
     review, including any recommendation for the nonacceptance of 
     any bid or the imposition of terms or conditions on any 
     lease, as may be appropriate to prevent any situation 
     inconsistent with the antitrust laws.
       (c) Subsequent Transfers.--No lease issued under this title 
     may be sold, exchanged, assigned, sublet, or otherwise 
     transferred except with the approval of the Secretary. Prior 
     to any such approval the Secretary shall consult with, and 
     give due consideration to the views of, the Attorney General.
       (d) Immunity.--Nothing in this title shall be deemed to 
     convey to any person, association, corporation, or other 
     business organization immunity from civil or criminal 
     liability, or to create defenses to actions, under any 
     antitrust law.
       (e) Definitions.--As used in this section, the term--
       (1) ``antitrust review'' shall be deemed an ``antitrust 
     investigation'' for the purposes of the Antitrust Civil 
     Process Act (15 U.S.C. 1311); and
       (2) ``antitrust laws'' means those Acts set forth in 
     section 1 of the Clayton Act (15 U.S.C. 12) as amended.

     SEC. 508. LEASE TERMS AND CONDITIONS.

       An oil or gas lease issued pursuant to this title shall--
       (1) be for a tract consisting of a compact area not to 
     exceed five thousand seven hundred sixty acres, or nine 
     surveyed or protracted sections which shall be as compact in 
     form as possible;
       (2) be for an initial period of ten years and shall be 
     extended for so long thereafter as oil or gas is produced in 
     paying quantities from the lease or unit area to which the 
     lease is committed or for so long as drilling or reworking 
     operations, as approved by the Secretary, are conducted on 
     the lease or unit area;
       (3) require the payment of royalty as provided for in 
     section 507 of this title;
       (4) require that exploration activities pursuant to any 
     lease issued or maintained under this title shall be 
     conducted in accordance with an exploration plan or a 
     revision of such plan approved by the Secretary;
       (5) require that all development and production pursuant to 
     a lease issued or maintained pursuant to this title shall be 
     conducted in accordance with development and production plans 
     approved by the Secretary;
       (6) require posting of bond as required by section 509 of 
     this title;
       (7) provide that the Secretary may close, on a seasonal 
     basis, portions of the Coastal Plain to exploratory drilling 
     activities as necessary to protect caribou calving areas and 
     other species of fish and wildlife;
       (8) contain such provisions relating to rental and other 
     fees as the Secretary may prescribe at the time of offering 
     the area for lease;
       (9) provide that the Secretary may direct or assent to the 
     suspension of operations and production under any lease 
     granted under the terms of this title in the interest of 
     conservation of the resource or where there is no available 
     system to transport the resource. If such a suspension is 
     directed or assented to by the Secretary, any payment of 
     rental prescribed by such lease shall be suspended during 
     such period of suspension of operations and production, and 
     the term of the lease shall be extended by adding any such 
     suspension period thereto;
       (10) provide that whenever the owner of a nonproducing 
     lease fails to comply with any of the provisions of this Act, 
     or of any applicable provision of Federal or State 
     environmental law, or of the lease, or of any regulation 
     issued under this title, such lease may be canceled by the 
     Secretary if such default continues for more than thirty days 
     after mailing of notice by registered letter to the lease 
     owner at the lease owner's post office address of record;
       (11) provide that whenever the owner of any producing lease 
     fails to comply with any of the provisions of this title, or 
     of any applicable provision of Federal or State environmental 
     law, or of the lease, or of any regulation issued under this 
     title, such lease may be forfeited and canceled by any 
     appropriate proceeding brought by the Secretary in any United 
     States district court having jurisdiction under the 
     provisions of this title;
       (12) provide that cancellation of a lease under this title 
     shall in no way release the owner of the lease from the 
     obligation to provide for reclamation of the lease site;
       (13) allow the lessee, at the discretion of the Secretary, 
     to make written relinquishment of all rights under any lease 
     issued pursuant to this title. The Secretary shall accept 
     such relinquishment by the lessee of any lease issued under 
     this title where there has not been surface disturbance on 
     the lands covered by the lease;
       (14) provide that for the purpose of conserving the natural 
     resources of any oil or gas pool, field, or like area, or any 
     part thereof, and in order to avoid the unnecessary 
     duplication of facilities, to protect the environment of the 
     Coastal Plain, and to protect correlative rights, the 
     Secretary shall require that, to the greatest extent 
     practicable, lessees unite with each other in collectively 
     adopting and operating under a cooperative or unit plan of 
     development for operation of such pool, field, or like area, 
     or any part thereof, and the Secretary is also authorized and 
     directed to enter into such agreements as are necessary or 
     appropriate for the protection of the United States against 
     drainage;
       (15) require that the holder of a lease or leases on lands 
     within the Coastal Plain shall be fully responsible and 
     liable for the reclamation of lands within the Coastal Plain 
     and any other Federal lands adversely affected in connection 
     with exploration, development, production or transportation 
     activities on a lease within the Coastal Plain by the holder 
     of a lease or as a result of activities conducted on the 
     lease by any of the leaseholder's subcontractors or agents;
       (16) provide that the holder of a lease may not delegate or 
     convey, by contract of otherwise, the reclamation 
     responsibility and liability to another party without the 
     express written approval of the Secretary;
       (17) provide that the standard of reclamation for lands 
     required to be reclaimed under this title be, as nearly as 
     practicable, a condition capable of supporting the uses which 
     the lands were capable of supporting prior to any 
     exploration, development, or production activities, or upon 
     application by the lessee, to a higher or better use as 
     approved by the Secretary;
       (18) contain the terms and conditions relating to 
     protection of fish and wildlife, their habitat, and the 
     environment, as required by section 503(a) of this title;
       (19) provide that the holder of a lease, its agents, and 
     contractors use best efforts to provide a fair share, as 
     determined by the level of obligation previously agreed to in 
     the 1974 agreement implementing section 29 of the Federal 
     Agreement and Grant of Right of Way for the Operation of the 
     Trans-Alaska Pipeline, of employment and contracting for 
     Alaska Natives and Alaska Native Corporations from throughout 
     the State;
       (20) require project agreements to the extent feasible that 
     will ensure productivity

[[Page 12187]]

     and consistency recognizing a national interest in both labor 
     stability and the ability of construction labor and 
     management to meet the particular needs and conditions of 
     projects to be developed under leases issued pursuant to this 
     Act; and
       (21) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with the provisions 
     of this title and the regulations issued under this title.

     SEC. 509. BONDING REQUIREMENTS TO ENSURE FINANCIAL 
                   RESPONSIBILITY OF LESSEE AND AVOID FEDERAL 
                   LIABILITY.

       (a) Requirement.--The Secretary shall, by rule or 
     regulation, establish such standards as may be necessary to 
     ensure that an adequate bond, surety, or other financial 
     arrangement will be established prior to the commencement of 
     surface disturbing activities on any lease, to ensure the 
     complete and timely reclamation of the lease tract, and the 
     restoration of any lands or surface waters adversely affected 
     by lease operations after the abandonment or cessation of oil 
     and gas operations on the lease. Such bond, surety, or 
     financial arrangement is in addition to, and not in lieu, of 
     any bond, surety, or financial arrangement required by any 
     other regulatory authority or required by any other provision 
     of law.
       (b) Amount.--The bond, surety, or financial arrangement 
     shall be in an amount--
       (1) to be determined by the Secretary to provide for 
     reclamation of the lease site in accordance with an approved 
     or revised exploration or development and production plan; 
     plus
       (2) set by the Secretary consistent with the type of 
     operations proposed, to provide the means for rapid and 
     effective cleanup, and to minimize damages resulting from an 
     oil spill, the escape of gas, refuse, domestic wastewater, 
     hazardous or toxic substances, or fire caused by oil and gas 
     activities.
       (c) Adjustment.--In the event that an approved exploration 
     or development and production plan is revised, the Secretary 
     may adjust the amount of the bond, surety, or other financial 
     arrangement to conform to such modified plan.
       (d) Duration.--The responsibility and liability of the 
     lessee and its surety under the bond, surety, or other 
     financial arrangement shall continue until such time as the 
     Secretary determines that there has been compliance with the 
     terms and conditions of the lease and all applicable law.
       (e) Termination.--Within sixty days after determining that 
     there has been compliance with the terms and conditions of 
     the lease and all applicable laws, the Secretary, after 
     consultation with affected Federal and State agencies, shall 
     notify the lessee that the period of liability under the 
     bond, surety, or other financial arrangement has been 
     terminated.

     SEC. 510. OIL AND GAS INFORMATION.

       (a) In General.--(1) Any lessee or permittee conducting any 
     exploration for, or development or production of, oil or gas 
     pursuant to this title shall provide the Secretary access to 
     all data and information from any lease granted pursuant to 
     this title (including processed and analyzed) obtained from 
     such activity and shall provide copies of such data and 
     information as the Secretary may request. Such data and 
     information shall be provided in accordance with regulations 
     which the Secretary shall prescribe.
       (2) If processed and analyzed information provided pursuant 
     to paragraph (1) is provided in good faith by the lessee or 
     permittee, such lessee or permittee shall not be responsible 
     for any consequence of the use or of reliance upon such 
     processed and analyzed information.
       (3) Whenever any data or information is provided to the 
     Secretary, pursuant to paragraph (1)--
       (A) by a lessee or permittee, in the form and manner of 
     processing which is utilized by such lessee or permittee in 
     the normal conduct of business, the Secretary shall pay the 
     reasonable cost of reproducing such data and information; or
       (B) by a lessee or permittee, in such other form and manner 
     of processing as the Secretary may request, the Secretary 
     shall pay the reasonable cost of processing and reproducing 
     such data and information.
       (b) Regulations.--The Secretary shall prescribe regulations 
     to: (1) assure that the confidentiality of privileged or 
     proprietary information received by the Secretary under this 
     section will be maintained; and (2) set forth the time 
     periods and conditions which shall be applicable to the 
     release of such information.

     SEC. 511. EXPEDITED JUDICIAL REVIEW.

       (a) Any complaint seeking judicial review of any provision 
     in this title, or any other action of the Secretary under 
     this title may be filed in any appropriate district court of 
     the United States, and such complaint must be filed within 
     ninety days from the date of the action being challenged, or 
     after such date if such complaint is based solely on grounds 
     arising after such ninetieth day, in which case the complaint 
     must be filed within ninety days after the complainant knew 
     or reasonably should have known of the grounds for the 
     complaint: Provided, That any complaint seeking judicial 
     review of an action of the Secretary in promulgating any 
     regulation under this title may be filed only in the United 
     States Court of Appeals for the District of Columbia.
       (b) Actions of the Secretary with respect to which review 
     could have been obtained under this section shall not be 
     subject to judicial review in any civil or criminal 
     proceeding for enforcement.

     SEC. 512. RIGHTS-OF-WAY ACROSS THE COASTAL PLAIN.

       Notwithstanding title XI of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3161 et seq.), the 
     Secretary is authorized and directed to grant, in accordance 
     with the provisions of section 28 (c) through (t) and (v) 
     through (y) of the Mineral Leasing Act of 1920 (30 U.S.C. 
     185), rights-of-way and easements across the Coastal Plain 
     for the transportation of oil and gas under such terms and 
     conditions as may be necessary so as not to result in a 
     significant adverse effect on the fish and wildlife, 
     subsistence resources, their habitat, and the environment of 
     the Coastal Plain. Such terms and conditions shall include 
     requirements that facilities be sited or modified so as to 
     avoid unnecessary duplication of roads and pipelines. The 
     regulations issued as required by section 504 of this title 
     shall include provisions granting rights-of-way and easements 
     across the Coastal Plain.

     SEC. 513. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL REGULATIONS 
                   TO ENSURE COMPLIANCE WITH TERMS AND CONDITIONS 
                   OF LEASE.

       (a) Responsibility of the Secretary.--The Secretary shall 
     diligently enforce all regulations, lease terms, conditions, 
     restrictions, prohibitions, and stipulations promulgated 
     pursuant to this title.
       (b) Responsibility of Holders of Lease.--It shall be the 
     responsibility of any holder of a lease under this title to--
       (1) maintain all operations within such lease area in 
     compliance with regulations intended to protect persons and 
     property on, and fish and wildlife, their habitat, 
     subsistence resources, and the environment of, the Coastal 
     Plain; and
       (2) allow prompt access at the site of any operations 
     subject to regulation under this title to any appropriate 
     Federal or State inspector, and to provide such documents and 
     records which are pertinent to occupational or public health, 
     safety, or environmental protection, as may be requested.
       (c) On-Site Inspection.--The Secretary shall promulgate 
     regulations to provide for--
       (1) scheduled onsite inspection by the Secretary, at least 
     twice a year, of facility on the Coastal Plain which is 
     subject to any environmental or safety regulation promulgated 
     pursuant to this title or conditions contained in any lease 
     issue pursuant to this title to assure compliance with such 
     environmental or safety regulations or conditions; and
       (2) periodic onsite inspection by the Secretary at least 
     once a year without advance notice to the operator of such 
     facility to assure compliance with all environmental or 
     safety regulations.

     SEC. 514. NEW REVENUES.

       Notwithstanding any other provision of law, all revenues 
     received by the Federal Government from competitive bids, 
     sales, bonuses, royalties, rents, fees, or interest derived 
     from the leasing of oil and gas within the Coastal Plain 
     shall be deposited into the Treasury of the United States, 
     solely as provided in this section. The Secretary of the 
     Treasury shall pay to the State of Alaska the same percentage 
     of such revenues as is set forth under the heading 
     ``EXPLORATION OF NATIONAL PETROLEUM RESERVE IN ALASKA'' in 
     Public Law 96-514 (94 Stat. 2957, 2964) semiannually to the 
     State of Alaska, on March 30 and September 30 of each year 
     and shall deposit the balance of all such revenues as 
     miscellaneous receipts in the Treasury.

     TITLE VI--IMPROVEMENTS TO FEDERAL OIL AND GAS LEASE MANAGEMENT

     SEC. 601. TITLE.

       This title may be cited as the ``Federal Oil and Gas Lease 
     Management Improvement Act of 2000''.

     SEC. 602. DEFINITIONS.

       In this title--
       (a) Application for a Permit To Drill.--The term 
     ``application for a permit to drill'' means a drilling plan 
     including design, mechanical, and engineering aspects for 
     drilling a well.
       (b) Federal Land.--
       (1) In general.--The term ``Federal land'' means all land 
     and interests in land owned by the United States that are 
     subject to the mineral leasing laws, including mineral 
     resources or mineral estates reserved to the United States in 
     the conveyance of a surface or nonmineral estate.
       (2) Exclusion.--The term ``Federal land'' does not 
     include--
       (i) Indian land (as defined in section 3 of the Federal Oil 
     and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)); or
       (ii) submerged land on the Outer Continental Shelf (as 
     defined in section 2 of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1331)).
       (c) Oil and Gas Conservation Authority.--The term ``oil and 
     gas conservation authority'' means the agency or agencies in 
     each State responsible for regulating for conservation 
     purposes operations to explore for and produce oil and 
     natural gas.
       (d) Project.--The term ``project'' means an activity by a 
     lessee, an operator, or an operating rights owner to explore 
     for, develop, produce, or transport oil or gas resources.

[[Page 12188]]

       (e) Secretary.--The term ``Secretary'' means--
       (1) the Secretary of the Interior, with respect to land 
     under the administrative jurisdiction of the Department of 
     the Interior; and
       (2) the Secretary of Agriculture, with respect to land 
     under the administrative jurisdiction of the Department of 
     Agriculture.
       (f) Surface Use Plan of Operations.--The term ``surface use 
     plan of operations'' means a plan for surface use, 
     disturbance, and reclamation.

     SEC. 603. NO PROPERTY RIGHT.

       Nothing in this title gives a State a property right or 
     interest in any Federal lease or land.

 Subtitle A--State Option To Regulate Oil and Gas Lease Operations on 
                              Federal Land

     SEC. 610. TRANSFER OF AUTHORITY.

       (a) Notification.--Not before the date that is 180 days 
     after the date of enactment of this Act, a State may notify 
     the Secretary of its intent to accept authority for 
     regulation of operations, as described in subparagraphs (A) 
     through (K) of subsection (b)(2), under oil and gas leases on 
     Federal land within the State.
       (b) Transfer of Authority.--
       (1) In general.--Effective 180 days after the Secretary 
     receives the State's notice, authority for the regulation of 
     oil and gas leasing operations is transferred from the 
     Secretary to the State.
       (2) Authority included.--The authority transferred under 
     paragraph (1) includes--
       (A) processing and approving applications for permits to 
     drill, subject to surface use agreements and other terms and 
     conditions determined by the Secretary;
       (B) production operations;
       (C) well testing;
       (D) well completion;
       (E) well spacing;
       (F) communization;
       (G) conversion of a producing well to a water well;
       (H) well abandonment procedures;
       (I) inspections;
       (J) enforcement activities; and
       (K) site security.
       (c) Retained Authority.--The Secretary shall--
       (1) retain authority over the issuance of leases and the 
     approval of surface use plans of operations and project-level 
     environmental analyses; and
       (2) spend appropriated funds to ensure that timely 
     decisions are made respecting oil and gas leasing, taking 
     into consideration multiple uses of Federal land, 
     socioeconomic and environmental impacts, and the results of 
     consultations with State and local government officials.

     SEC. 611. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY.

       (a) Federal Agencies.--Following the transfer of authority, 
     no Federal agency shall exercise the authority formerly held 
     by the Secretary as to oil and gas lease operations and 
     related operations on Federal land.
       (b) State Authority.--
       (1) In general.--Following the transfer of authority, each 
     State shall enforce its own oil and gas conservation laws and 
     requirements pertaining to transferred oil and gas lease 
     operations and related operations with due regard to the 
     national interest in the expedited, environmentally sound 
     development of oil and gas resources in a manner consistent 
     with oil and gas conservation principles.
       (2) Appeals.--Following a transfer of authority under 
     section 610, an appeal of any decision made by a State oil 
     and gas conservation authority shall be made in accordance 
     with State administrative procedures.
       (c) Pending Enforcement Actions.--The Secretary may 
     continue to enforce any pending actions respecting acts 
     committed before the date on which authority is transferred 
     to a State under section 610 until those proceedings are 
     concluded.
       (d) Pending Applications.--
       (1) Transfer to state.--All applications respecting oil and 
     gas lease operations and related operations on Federal land 
     pending before the Secretary on the date on which authority 
     is transferred under section 610 shall be immediately 
     transferred to the oil and gas conservation authority of the 
     State in which the lease is located.
       (2) Action by the state.--The oil and gas conservation 
     authority shall act on the application in accordance with 
     State laws (including regulations) and requirements.

         Subtitle B--Use of Cost Savings From State Regulation

     SEC. 621. COMPENSATION FOR COSTS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall compensate any State for 
     costs incurred to carry out the authorities transferred under 
     section 610.
       (b) Payment Schedule.--Payments shall be made not less 
     frequently than every quarter.
       (c) Cost Breakdown Report.--Each State seeking compensation 
     shall report to the Secretary a cost breakdown for the 
     authorities transferred.
       (d) Limitation on Amount.--
       (1) In general.--Compensation to a State may not exceed 50 
     percent of the Secretary's allocated cost for oil and gas 
     leasing activities under section 35(b) of the Act of February 
     25, 1920 (commonly known as the ``Mineral Leasing Act'') (30 
     U.S.C. 191(b)) for the State for fiscal year 1997.
       (2) Adjustment.--The Secretary shall adjust the maximum 
     level of cost compensation at least once every 2 years to 
     reflect any increases in the Consumer Price Index (all items, 
     United States city average) as prepared by the Department of 
     Labor, using 1997 as the baseline year.

     SEC. 622. EXCLUSION OF COSTS OF PREPARING PLANNING DOCUMENTS 
                   AND ANALYSES.

       Section 35 of the Act of February 25, 1920 (30 U.S.C. 
     191(b)) is amended by adding at the end the following:
       ``(6) The Secretary shall not include, for the purpose of 
     calculating the deduction under paragraph (1), costs of 
     preparing resource management planning documents and analyses 
     for areas in which mineral leasing is excluded or areas in 
     which the primary activity under review is not mineral 
     leasing and development.''.

     SEC. 623. RECEIPT SHARING.

       Section 35(b) of the Act of February 25, 1920 (30 U.S.C. 
     191(b)) is amended by striking ``paid to States'' and 
     inserting ``paid to States (other than States that accept a 
     transfer of authority under section 610 of the Federal Oil 
     and Gas Lease Management Act of 2000)''.

              Subtitle C--Streamlining and Cost Reduction

     SEC. 631. APPLICATIONS.

       (a) Limitation on Cost Recovery.--Notwithstanding sections 
     304 and 504 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1734, 1764) and section 9701 of title 31, 
     United State Code, the Secretary shall not recover the 
     Secretary's costs with respect to applications and other 
     documents relating to oil and gas leases.
       (b) Completion of Planning Documents and Analyses.--
       (1) In general.--The Secretary shall complete any resource 
     management planning documents and analyses not later than 90 
     days after receiving any offer, application, or request for 
     which a planning document or analysis is required to be 
     prepared.
       (2) Preparation by applicant or lessee.--If the Secretary 
     is unable to complete the document or analysis within the 
     time prescribed by paragraph (1), the Secretary shall notify 
     the applicant or lessee of the opportunity to prepare the 
     required document or analysis for the agency's review and use 
     in decisionmaking.
       (c) Reimbursement for Costs of NEPA of Analyses, 
     Documentation, and Studies.--If--
       (1) adequate funding to enable the Secretary to timely 
     prepare a project-level analysis required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to an oil or gas lease is not appropriated; and
       (2) the lessee, operator, or operating rights owner 
     voluntarily pays for the cost of the required analysis, 
     documentation, or related study;
     the Secretary shall reimburse the lessee, operator, or 
     operating rights owner for its costs through royalty credits 
     attributable to the lease, unit agreement, or project area.

     SEC. 632. TIMELY ISSUANCE OF DECISIONS.

       (a) In General.--The Secretary shall ensure the timely 
     issuance of Federal agency decisions respecting oil and gas 
     leasing and operations on Federal land.
       (b) Offer To Lease.--
       (1) Deadline.--The Secretary shall accept or reject an 
     offer to lease not later than 90 days after the filing of the 
     offer.
       (2) Failure to meet deadline.--If an offer is not acted 
     upon within that time, the offer shall be deemed to have been 
     accepted.
       (c) Application for Permit To Drill.--
       (1) Deadline.--The Secretary and a State that has accepted 
     a transfer of authority under section 610 shall approve or 
     disapprove an application for permit to drill not later than 
     30 days after receiving a complete application.
       (2) Failure to meet deadline.--If the application is not 
     acted on within the time prescribed by paragraph (1), the 
     application shall be deemed to have been approved.
       (d) Surface Use Plan of Operations.--The Secretary shall 
     approve or disapprove a surface use plan of operations not 
     later than 30 days after receipt of a complete plan.
       (e) Administrative Appeals.--
       (1) Deadline.--From the time that a Federal oil and gas 
     lessee or operator files a notice of administrative appeal of 
     a decision or order of an officer or employee of the 
     Department of the Interior or the Forest Service respecting a 
     Federal oil and gas Federal lease, the Secretary shall have 2 
     years in which to issue a final decision in the appeal.
       (2) Failure to meet deadline.--If no final decision has 
     been issued within the time prescribed by paragraph (1), the 
     appeal shall be deemed to have been granted.

     SEC. 633. ELIMINATION OF UNWARRANTED DENIALS AND STAYS.

        (a) In General.--The Secretary shall ensure that 
     unwarranted denials and stays of lease issuance and 
     unwarranted restrictions on lease operations are eliminated 
     from the administration of oil and gas leasing on Federal 
     land.

[[Page 12189]]

       (b) Land Designated for Multiple Use.--
       (1) In general.--Land designated as available for multiple 
     use under Bureau of Land Management resource management plans 
     and Forest Service leasing analyses shall be available for 
     oil and gas leasing without lease stipulations more stringent 
     than restrictions on surface use and operations imposed under 
     the laws (including regulations) of the State oil and gas 
     conservation authority unless the Secretary includes in the 
     decision approving the management plan or leasing analysis a 
     written explanation why more stringent stipulations are 
     warranted.
       (2) Appeal.--Any decision to require a more stringent 
     stipulation shall be administratively appealable and, 
     following a final agency decision, shall be subject to 
     judicial review.
       (c) Rejection of Offer To Lease.--
       (1) In general.--If the Secretary rejects an offer to lease 
     on the ground that the land is unavailable for leasing, the 
     Secretary shall provide a written, detailed explanation of 
     the reasons the land is unavailable for leasing.
       (2) Previous resource management decision.--If the 
     determination of unavailability is based on a previous 
     resource management decision, the explanation shall include a 
     careful assessment of whether the reasons underlying the 
     previous decision are still persuasive.
       (3) Segregation of available land from unavailable land.--
     The Secretary may not reject an offer to lease land available 
     for leasing on the ground that the offer includes land 
     unavailable for leasing, and the Secretary shall segregate 
     available land from unavailable land, on the offeror's 
     request following notice by the Secretary, before acting on 
     the offer to lease.
       (d) Disapproval or Required Modification of Surface Use 
     Plans of Operations and Application for Permit To Drill.--The 
     Secretary shall provide a written, detailed explanation of 
     the reasons for disapproving or requiring modifications of 
     any surface use plan of operations or application for permit 
     to drill.
       (e) Effectiveness of Decision.--A decision of the Secretary 
     respecting an oil and gas lease shall be effective pending 
     administrative appeal to the appropriate office within the 
     Department of the Interior or the Department of Agriculture 
     unless that office grants a stay in response to a petition 
     satisfying the criteria for a stay established by section 
     4.21(b) of title 43, Code of Federal Regulations (or any 
     successor regulation).

     SEC. 634. REPORTS.

       (a) In General.--Not later than March 31, 2001, the 
     Secretaries shall jointly submit to the Congress a report 
     explaining the most efficient means of eliminating 
     overlapping jurisdiction, duplication of effort, and 
     inconsistent policymaking and policy implementation as 
     between the Bureau of Land Management and the Forest Service.
       (b) Recommendations.--The report shall include 
     recommendations on statutory changes needed to implement the 
     report's conclusions.

     SEC. 635. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.

       (a) In General.--Not later than March 31, 2001, the 
     Secretary of the Interior, in consultation with the Director 
     of the United States Geological Survey, shall publish, 
     through notice in the Federal Register, a science-based 
     national inventory of the oil and gas reserves and potential 
     resources underlying Federal land and the Outer Continental 
     Shelf.
       (b) Contents.--The inventory shall--
       (1) indicate what percentage of the oil and gas reserves 
     and resources is currently available for leasing and 
     development; and
       (2) specify the percentages of the reserves and resources 
     that are on--
       (A) land that is open for leasing as of the date of 
     enactment of this Act that has never been leased;
       (B) land that is open for leasing or development subject to 
     no surface occupancy stipulations; and
       (C) land that is open for leasing or development subject to 
     other lease stipulations that have significantly impeded or 
     prevented, or are likely to significantly impede or prevent, 
     development; and
       (3) indicate the percentage of oil and gas resources that 
     are not available for leasing or are withdrawn from leasing.
       (c) Public Comment.--
       (1) In general.--The Secretary of the Interior shall invite 
     public comment on the inventory to be filed not later than 
     September 30, 2001.
       (2) Resource management decisions.--Specifically, the 
     Secretary of the Interior shall invite public comment on the 
     effect of Federal resource management decisions on past and 
     future oil and gas development.
       (d) Report.--
       (1) In general.--Not later than March 31, 2002, the 
     Secretary of the Interior shall submit to the President of 
     the Senate and the Speaker of the House of Representatives a 
     report comprised of the revised inventory and responses to 
     the public comments.
       (2) Contents.--The report shall specifically indicate what 
     steps the Secretaries believe are necessary to increase the 
     percentage of land open for development of oil and gas 
     resources.

                 Subtitle D--Federal Royalty Certainty

     SEC. 641. DEFINITIONS.

       In this subtitle.--
       (a) Marketable Condition.--The term ``marketable 
     condition'' means lease production that is sufficiently free 
     from impurities and otherwise in a condition that the 
     production will be accepted by a purchaser under a sales 
     contract typical for the field or area.
       (b) Reasonable Commercial Rate.--
       (1) In general.--The term ``reasonable commercial rate'' 
     means--
       (A) in the case of an arm's-length contract, the actual 
     cost incurred by the lessee; or
       (B) in the case of a non-arm's-length contract--
       (i) the rate charged in a contract for similar services in 
     the same area between parties with opposing economic 
     interests; or
       (ii) if there are no arm's-length contracts for similar 
     services in the same area, the just and reasonable rate for 
     the transportation service rendered by the lessee or lessee's 
     affiliate.
       (2) Disputes.--Disputes between the Secretary and a lessee 
     over what constitutes a just and reasonable rate for such 
     service shall be resolved by the Federal Energy Regulatory 
     Commission.

     SEC. 642. AMENDMENT OF OUTER CONTINENTAL SHELF LANDS ACT.

       Section 8(b)(3) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1337(b)(3)) is amended by striking the semicolon 
     at the end and adding the following:
     ``: Provided, That if the payment is in value or amount, the 
     royalty due in value shall be based on the value of oil or 
     gas production at the lease in marketable condition, and the 
     royalty due in amount shall be based on the royalty share of 
     production at the lease; if the payment in value or amount is 
     calculated from a point away from the lease, the payment 
     shall be adjusted for quality and location differentials, and 
     the lessee shall be allowed reimbursements at a reasonable 
     commercial rate for transportation (including transportation 
     to the point where the production is put in marketable 
     condition), marketing, processing, and other services beyond 
     the lease through the point of sale, other disposition, or 
     delivery;''.

     SEC. 643. AMENDMENT OF MINERAL LEASING ACT.

       Section 17(c) of the Act of February 25, 1920 (30 U.S.C. 
     226(c)) (commonly known as the ``Mineral Leasing Act''), is 
     amended by adding at the end the following:
       ``(3) Royalty due in value.--
       ``(A) In general.--Royalty due in value shall be based on 
     the value of oil or gas production at the lease in marketable 
     condition, and the royalty due in amount shall be based on 
     the royalty share of production at the lease.
       ``(B) Calculation of value or amount from a point away from 
     a lease.--If the payment in value or amount is calculated 
     from a point away from the lease--
       ``(i) the payment shall be adjusted for quality and 
     location differentials; and
       ``(ii) the lessee shall be allowed reimbursements at a 
     reasonable commercial rate for transportation (including 
     transportation to the point where the production is put in 
     marketable condition), marketing, processing, and other 
     services beyond the lease through the point of sale, other 
     disposition, or delivery;''.

     SEC. 644. INDIAN LAND.

       This subtitle shall not apply with respect to Indian land.

              Subtitle E--Royalty Reinvestment in America

     SEC. 651. ROYALTY INCENTIVE PROGRAM.

       (a) In General.--To encourage exploration and development 
     expenditures on Federal land and the Outer Continental Shelf 
     for the development of oil and gas resources when the cash 
     price of West Texas Intermediate crude oil, as posted on the 
     Dow Jones Commodities Index chart is less than $18 per barrel 
     for 90 consecutive pricing days or when natural gas prices as 
     delivered at Henry Hub, Louisiana, are less than $2.30 per 
     million British thermal units for 90 consecutive days, the 
     Secretary shall allow a credit against the payment of 
     royalties on Federal oil production and gas production, 
     respectively, in an amount equal to 20 percent of the capital 
     expenditures made on exploration and development activities 
     on Federal oil and gas leases.
       (b) No Crediting Against Onshore Federal Royalty 
     Obligations.--In no case shall such capital expenditures made 
     on Outer Continental Shelf leases be credited against onshore 
     Federal royalty obligations.

     SEC. 652. MARGINAL WELL PRODUCTION INCENTIVES.

       To enhance the economics of marginal oil and gas production 
     by increasing the ultimate recovery from marginal wells when 
     the cash price of West Texas Intermediate crude oil, as 
     posted on the Dow Jones Commodities Index Chart is less than 
     $18 per barrel for 90 consecutive pricing days or when 
     natural gas prices are delivered at Henry Hub, Louisiana, are 
     less than $2.30 per million British thermal units for 90 
     consecutive days, the Secretary shall reduce the royalty rate 
     as production declines for--
       (1) onshore oil wells producing less than 30 barrels per 
     day;
       (2) onshore gas wells producing less than 120 million 
     British thermal units per day;

[[Page 12190]]

       (3) offshore oil wells producing less than 300 barrels of 
     oil per day; and
       (4) offshore gas wells producing less than 1,200 million 
     British thermal units per day.

     SEC. 653. SUSPENSION OF PRODUCTION ON OIL AND GAS OPERATIONS.

       (a) In General.--Any person operating an oil well under a 
     lease issued under the Act of February 25, 1920 (commonly 
     known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.) 
     or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 
     et seq.) may submit a notice to the Secretary of the Interior 
     of suspension of operation and production at the well.
       (b) Production Quantities Not a Factor.--A notice under 
     subsection (a) may be submitted without regard to per day 
     production quantities at the well and without regard to the 
     requirements of subsection (a) of section 3103.4-4 of title 
     43 of the Code of Federal Regulations (or any successor 
     regulation) respecting the granting of such relief, except 
     that the notice shall be submitted to an office in the 
     Department of the Interior designated by the Secretary of the 
     Interior.
       (c) Period of Relief.--On submission of a notice under 
     subsection (a) for an oil well, the operator of the well may 
     suspend operation and production at the well for a period 
     beginning on the date of submission of the notice and ending 
     on the later of--
       (1) the date that is 2 years after the date on which the 
     suspension of operation and production commences; or
       (2) the date on which the cash price of West Texas 
     Intermediate crude oil, as posted on the Dow Jones 
     Commodities Index chart is greater than $15 per barrel for 90 
     consecutive pricing days.

 TITLE VII--FRONTIER OIL AND GAS EXPLORATION AND DEVELOPMENT INCENTIVES

     SEC. 701. TITLE.

       This title may be cited as the ``Frontier Exploration and 
     Development Incentives Act of 2000''.

     SEC. 702. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS 
                   ACT.

       (a) Section 8(a)(1)(D) of the Outer Continental Shelf Lands 
     Act, (43 U.S.C. 1337(a)(1)(D)) is amended by striking the 
     word ``area;'' and inserting in lieu thereof the word 
     ``area,'' and the following new text: ``except in the Arctic 
     areas of Alaska, where the Secretary is authorized to set the 
     net profit share at 16\2/3\ percent. For purposes of this 
     section, `Arctic areas' means the Beaufort Sea and Chukchi 
     Sea Planning Areas of Alaska.''.
       (b) Section 8(a) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1337(a)) is amended by adding a new subparagraph 
     (10) at the end thereof:
       ``(10) After an oil and gas lease is granted pursuant to 
     any of the bidding systems of paragraph (1) of this 
     subsection, the Secretary shall reduce any future royalty or 
     rental obligation of the lessee on any lease issued by the 
     Secretary (and proposed by the lessee for such reduction) by 
     an amount equal to (a) 10 percent of the qualified costs of 
     exploratory wells drilled or geophysical work performed on 
     any lease issued by the Secretary, whichever is greater, 
     pursuant to this Act in Arctic areas and (b) an additional 10 
     percent of the qualified costs of any such exploratory wells 
     which are located ten or more miles from another well drilled 
     for oil and gas. For purposes of this Act--`qualified costs' 
     shall mean the costs allocated to the exploratory well or 
     geophysical work in support of an exploration program 
     pursuant to 26 U.S.C. as amended; `exploratory well' shall 
     mean either an exploratory well as defined by the United 
     States Securities and Exchange Commission in 17 C.F.R. 210.4-
     10(a)(10), as amended, or a well three or more miles from any 
     oil or gas well or a pipeline which transports oil or gas to 
     a market or terminal; `geophysical work' shall mean all 
     geophysical data gathering methods used in hydrocarbon 
     exploration and includes seismic, gravity, magnetic, and 
     electromagnetic measurements; and, all distances shall be 
     measured in horizontal distance. When a measurement beginning 
     or ending point is a well, the measurement point shall be the 
     bottom hole location of that well.''.

  TITLE VIII--TAX MEASURES TO ENHANCE DOMESTIC OIL AND GAS PRODUCTION

                 Subtitle A--Marginal Well Preservation

     SEC. 801. SHORT TITLE; PURPOSE; AMENDMENT OF 1986 CODE.

       (a) This subtitle may be cited as the ``Marginal Well 
     Preservation Act of 2000''.
       (b) The purpose of section 802 is to prevent the 
     abandonment of marginal oil and gas wells responsible for 
     half of the domestic production of oil and gas in the United 
     States and of section 803 is to recognize that geological and 
     geophysical expenditures and delay rentals are ordinary and 
     necessary business expenses that should be deducted in the 
     year the expense is incurred.
       (c) Except as otherwise expressly provided, whenever in 
     this subtitle an amendment or repeal is expressed in terms of 
     an amendment to, or repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     SEC. 802. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL 
                   GAS WELL PRODUCTION.

       (a) Subpart D of part IV of subchapter A of chapter 1 
     (relating to business credits) is amended by adding at the 
     end the following new section:

     ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL 
                   WELLS.

       ``(a) General Rule.--For purposes of section 38, the 
     marginal well production credit for any taxable year is an 
     amount equal to the product of--
       ``(1) the credit amount, and
       ``(2) the qualified crude oil production and the qualified 
     natural gas production which is attributable to the taxpayer.
       ``(b) Credit Amount.--For purposes of this section--
       ``(1) In general.--The credit amount is--
       ``(A) $3 per barrel of qualified crude oil production, and
       ``(B) 50 cents per 1,000 cubic feet of qualified natural 
     gas production.
       ``(2) Reduction as oil and gas prices increase.--
       ``(A) In general.--The $3 and 50 cents amounts under 
     paragraph (1) shall each be reduced (but not below zero) by 
     an amount which bears the same ratio to such amount 
     (determined without regard to this paragraph) as--
       ``(i) the excess (if any) of the applicable reference price 
     over $14 ($1.56 for qualified natural gas production), bears 
     to
       ``(ii) $3 ($0.33 for qualified natural gas production).
     The applicable reference price for a taxable year is the 
     reference price for the calendar year preceding the calendar 
     year in which the taxable year begins.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2000, each of the 
     dollar amounts contained in subparagraph (A) shall be 
     increased to an amount equal to such dollar amount multiplied 
     by the inflation adjustment factor for such calendar year 
     (determined under section 43(b)(3)(B) by substituting `1999' 
     for `1990').
       ``(C) Reference price.--For purposes of this paragraph, the 
     term `reference price' means, with respect to any calendar 
     year--
       ``(i) in the case of qualified crude oil production, the 
     reference price determined under section 29(d)(2)(C), and
       ``(ii) in the case of qualified natural gas production, the 
     Secretary's estimate of the annual average wellhead price per 
     1,000 cubic feet for all domestic natural gas.
       ``(c) Qualified Crude Oil and Natural Gas Production.--For 
     purposes of this section--
       ``(1) In general.--The terms `qualified crude oil 
     production' and `qualified natural gas production' mean 
     domestic crude oil or natural gas which is produced from a 
     marginal well.
       ``(2) Limitation on amount of production which may 
     qualify.--
       ``(A) In general.--Crude oil or natural gas produced during 
     any taxable year from any well shall not be treated as 
     qualified crude oil production or qualified natural gas 
     production to the extent production from the well during the 
     taxable year exceeds 1,095 barrels or barrel equivalents.
       ``(B) Proportionate reductions.--
       ``(i) Short taxable years.--In the case of a short taxable 
     year, the limitations under this paragraph shall be 
     proportionately reduced to reflect the ratio which the number 
     of days in such taxable year bears to 365.
       ``(ii) Wells not in production entire year.--In the case of 
     a well which is not capable of production during each day of 
     a taxable year, the limitations under this paragraph 
     applicable to the well shall be proportionately reduced to 
     reflect the ratio which the number of days of production 
     bears to the total number of days in the taxable year.
       ``(3) Definitions.--
       ``(A) Marginal well.--The term `marginal well' means a 
     domestic well--
       ``(i) the production from which during the taxable year is 
     treated as marginal production under section 613A(c)(6), or
       ``(ii) which, during the taxable year--

       ``(I) has average daily production of not more than 25 
     barrel equivalents, and
       ``(II) produces water at a rate not less than 95 percent of 
     total well effluent.

       ``(B) Crude oil, etc.--The terms `crude oil', `natural 
     gas', `domestic', and `barrel' have the meanings given such 
     terms by section 613A(e).
       ``(C) Barrel equivalent.--The term `barrel equivalent' 
     means, with respect to natural gas, a conversion ratio of 
     6,000 cubic feet of natural gas to 1 barrel of crude oil.
       ``(d) Other Rules.--
       ``(1) Production attributable to the taxpayer.--In the case 
     of a marginal well in which there is more than one owner of 
     operating interests in the well and the crude oil or natural 
     gas production exceeds the limitation under subsection 
     (c)(2), qualifying crude oil production or qualifying natural 
     gas production attributable to the taxpayer shall be 
     determined on the basis of the ratio which taxpayer's revenue 
     interest in the production bears to the aggregate to the 
     revenue interests of all operating interest owners in the 
     production.
       ``(2) Operating interest required.--Any credit under this 
     section may be claimed only on production which is 
     attributable to the holder of an operating interest.
       ``(3) Production from nonconventional sources excluded.--In 
     the case of production from a marginal well which is eligible

[[Page 12191]]

     for the credit allowed under section 29 for the taxable year, 
     no credit shall be allowable under this section unless the 
     taxpayer elects not to claim credit under section 29 with 
     respect to the well.''.
       (b) Credit Treated as Business Credit.--Section 38(b) is 
     amended by striking ``plus'' at the end of paragraph (11), by 
     striking the period at the end of paragraph (12) and 
     inserting'', plus'', and by adding at the end of the 
     following new paragraph--
       ``(13) the marginal oil and gas well production credit 
     determined under section 45D(a).''.
       (c) Credit Allowed Against Regular and Minimum Tax.--
       (1) In general.--Subsection (c) of section 38 (relating to 
     limitation based on amount of tax) is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph--
       ``(3) Special rules for marginal oil and gas well 
     production credit.--
       ``(A) In general.--In the case of the marginal oil and gas 
     well production credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to the credit, and
       ``(ii) in applying paragraph (1) to the credit--

       ``(I) subparagraphs (A) and (B) thereof shall not apply, 
     and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the marginal 
     oil and gas well production credit).

       ``(B) Marginal oil and gas well production credit.--For 
     purposes of this subsection, the term `marginal oil and gas 
     well production credit' means the credit allowable under 
     subsection (a) by reason of section 45D(a).''.
       (2) Conforming amendment.--Subclause (II) of section 
     38(c)(2)(A)(ii) is amended by inserting ``or the marginal oil 
     and gas well production credit'' after ``employment credit''.
       (d) Carryback.--Subsection (a) of section 39 (relating to 
     carryback and carryforward of unused credits generally) is 
     amended by adding at the end the following new paragraph--
       ``(3) 10-year carryback for marginal oil and gas well 
     production credit.--In the case of the marginal oil and gas 
     well production credit--
       ``(A) this section shall be applied separately from the 
     business credit (other than the marginal oil and gas well 
     production credit),
       ``(B) paragraph (1) shall be applied by substituting `10 
     taxable year' for `1 taxable year' in subparagraph (A) 
     thereof, and
       ``(C) paragraph (2) shall be applied--
       ``(i) by substituting `31 taxable years' for `21 taxable 
     years' in subparagraph (A) thereo, and
       ``(ii) by substituting `30 taxable years' for `20 taxable 
     years' in subparagraph (B) thereof.''.
       (e) Coordination With Section 29.--Section 29(a) is amended 
     by striking ``There'' and inserting ``At the election of the 
     taxpayer, there.''
       (f) Clerical Amendment--The table of sections for subpart D 
     of part IV of subchapter A of chapter 1 is amended by adding 
     at the end the following item:

``Sec. 45D. Credit for producting oil and gas from marginal wells.''

       (g) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     December 31, 1999.

     SEC. 803. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL 
                   EXPENDITURES AND DELAY RENTAL PAYMENTS.

       (a) Section 263 (relating to capital expenditures) is 
     amended by adding at the end the following new subsection:
       ``(j) Geological and Geophysical Expenditures for Oil and 
     Wells.--Notwithstanding subsection (a), a taxpayer may elect 
     to treat geological and geophysical expenses incurred in 
     connection with the exploration for, or development of, oil 
     or gas as expenses which are not chargeable to capital 
     account. Any expenses so treated shall be allowed as a 
     deduction in the taxable year in which paid or incurred.''.
       (b) Section 263A(c)(3) is amended by inserting ``263(j),'' 
     after ``263(i),''.
       (c)(1) The amendments made by subsections (a) and (b) shall 
     apply to expenses paid or incurred after the date of the 
     enactment of this Act.
       (2) In the case of any expenses described in section 263(j) 
     of the Internal Revenue Code of 1986, as added by subsections 
     (a) and (b), which were paid or incurred on or before the 
     date of the enactment of this Act, the taxpayer may elect, at 
     such time and in such manner as the Secretary of the Treasury 
     may prescribe, to amortize the suspended portion of such 
     expenses over the 36-month period beginning with the month in 
     which the date of the enactment of this Act occurs. For 
     purposes of this paragraph, the suspended portion of any 
     expense is that portion of such expense which, as of the 
     first day of the 36-month period, has not been included in 
     the cost of a property or otherwise deducted.
       (d) Section 263 (relating to capital expenditures), as 
     amended by subsection (b), is amended by adding at the end 
     the following new subsection--
       ``(k) Delay Rental Payments for Domestic Oil and Gas 
     Wells.--
       ``(1) In general.--Notwithstanding subsection (a), a 
     taxpayer may elect to treat delay rental payments incurred in 
     connection with the development of oil or gas within the 
     United States (as defined in section 638) as payments which 
     are not chargeable to capital account. Any payments so 
     treated shall be allowed as a deduction in the taxable year 
     in which paid or incurred.
       ``(2) Delay rental payments.--For purposes of paragraph 
     (1), the term `delay rental payment' means an amount paid for 
     the privilege of deferring the drilling of an oil or gas well 
     under an oil or gas lease.''.

             Subtitle B--Independent Oil and Gas Producers

     SEC. 810. 5-YEAR NET OPERATING LOSS CARRYBACK FOR LOSSES 
                   ATTRIBUTABLE TO OPERATING MINERAL INTERESTS OF 
                   INDEPENDENT OIL AND GAS PRODUCERS.

       (a) Paragraph (1) of section 172(b) (relating to years to 
     which loss may be carried) is amended by adding at the end 
     the following new subparagraph--
       ``(H) Losses on operating mineral interests of independent 
     oil and gas producers.--In the case of a taxpayer--
       ``(i) which has an eligible oil and gas loss (as defined in 
     subsection (j)) for a taxable year, and
       ``(ii) which is not an integrated oil company (as defined 
     in section 291(b)(4)), such eligible oil and gas loss shall 
     be a net operating loss carryback to each of the 5 taxable 
     years preceding the taxable year of such loss.''.
       (b) Eligible Oil and Gas Loss.--Section 172 is amended by 
     redesignating subsection (j) as subsection (k) and by 
     inserting after subsection (i) the following new subsection--
       ``(j) Eligible Oil and Gas Loss.--For purposes of this 
     section--
       ``(1) In general.--The term `eligible oil and gas loss' 
     means the lesser of--
       ``(A) the amount which would be the net operating loss for 
     the taxable year if only income and deductions attributable 
     to operating mineral interests (as defined in section 614(d)) 
     in oil and gas wells are taken into account, or
       ``(B) the amount of the net operating loss for such taxable 
     year.
       ``(2) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), an eligible oil and gas loss for 
     any taxable year shall be treated in a manner similar to the 
     manner in which a specified liability loss is treated.
       ``(3) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(H) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(H).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to net operating losses for taxable years 
     beginning after December 31, 1998.

     SEC. 811. TEMPORARY SUSPENSION OF LIMITATION BASED ON 65 
                   PERCENT OF TAXABLE INCOME.

       (a) In General.--Subsection (d) of section 613A (relating 
     to limitation on percentage depletion in case of oil and gas 
     wells) is amended by adding at the end the following new 
     paragraph--
       ``(6) Temporary suspension of taxable income limit.--
     Paragraph (1) shall not apply to taxable years beginning 
     after December 31, 1998, and before January 1, 2005, 
     including with respect to amounts carried under the second 
     sentence of paragraph (1) to such taxable years.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.

TITLE IX--TAX MEASURES TO ENHANCE THE USE OF RENEWABLE ENERGY SOURCES, 
IMPROVE ENERGY EFFICIENCIES, PROTECT CONSUMERS AND CONVERSION TO CLEAN 
                             BURNING FUELS

     SEC. 901. CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE 
                   RESOURCES.

       (a) Extension and Modification of Placed-In-Service 
     Rules.--Paragraph (3) of section 45(c) of the Internal 
     Revenue Code of 1986 is amended to read as follows:
       ``(3) Qualified facility.--
       ``(A) Wind facilities.--In the case of a facility using 
     wind to produce electricity, the term `qualified facility' 
     means any facility owned by the taxpayer which is originally 
     placed in service after December 31, 1993, and before July 1, 
     2004.
       ``(B) Biomass facilities.--In the case of a facility using 
     biomass to produce electricity, the term `qualified facility' 
     means, with respect to any month, any facility owned, leased, 
     or operated by the taxpayer which is originally placed in 
     service before July 1, 2004, if, for such month--
       ``(i) biomass comprises not less than 75 percent (on a Btu 
     basis) of the average monthly fuel input of the facility for 
     the taxable year which includes such month, or
       ``(ii) in the case of a facility principally using coal to 
     produce electricity, biomass comprises not more than 25 
     percent (on a Btu basis) of the average monthly fuel input of 
     the facility for the taxable year which includes such month.
       ``(C) Special rules.--
       ``(i) in the case of a qualified facility described in 
     paragraph (B)(i)--

[[Page 12192]]

       ``(I) the 10-year period referred to in subsection (a) 
     shall be treated as beginning no earlier than the date of the 
     enactment of this paragraph, and
       ``(II) subsection (b)(3) shall not apply to any such 
     facility originally placed in service before January 1, 1997.

       ``(ii) in the case of a qualified facility described in 
     subparagraph (B)(ii)--

       ``(I) the 10-year period referred to in subsection (a) 
     shall be treated as beginning no earlier than the date of the 
     enactment of this paragraph, and
       ``(II) the amount of the credit determined under subsection 
     (a) with respect to any project for any taxable year shall be 
     adjusted by multiplying such amount (determined without 
     regard to this clause) by 0.59.''.

       (b) Credit Not To Apply to Electricity Sold to Utilities 
     Under Certain Contracts.--Section 45(b) of the Internal 
     Revenue Code of 1986 (relating to limitations and 
     adjustments) is amended by adding at the end the following--
       ``(4) Credit not to apply to electricity sold to utilities 
     under certain contracts.--
       ``(A) In general.--The credit determined under subsection 
     (a) shall not apply to electricity--
       ``(i) produced at a qualified facility placed in service by 
     the taxpayer after June 30, 1999, and
       ``(ii) sold to a utility pursuant to a contract originally 
     entered into before January 1, 1987 (whether or not amended 
     or restated after that date).
       ``(B) Exception.--Subparagraph (A) shall not apply if--
       ``(i) the prices for energy and capacity from such facility 
     are established pursuant to an amendment to the contract 
     referred to in subparagraph (A)(ii);
       ``(ii) such amendment provides that the prices set forth in 
     the contract which exceed avoided cost prices determined at 
     the time of delivery shall apply only to annual quantities of 
     electricity (prorated for partial years) which do not exceed 
     the greater of--

       ``(I) the average annual quantity of electricity sold to 
     the utility under the contract during calendar years 1994, 
     1995, 1996, 1997, and 1998, or
       ``(II) the estimate of the annual electricity production 
     set forth in the contract, or, if there is no such estimate, 
     the greatest annual quantity of electricity sold to the 
     utility under the contract in any of the calendar years 1996, 
     1997, or 1998; and

       ``(iii) such amendment provides that energy and capacity in 
     excess of the limitation in clause (ii) may be--

       ``(I) sold to the utility only at prices that do not exceed 
     avoided cost prices determined at the time of delivery, or
       ``(II) sold to a third party subject to a mutually agreed 
     upon advance notice to the utility.
     For purposes of this subparagraph, avoided cost prices shall 
     be determined as provided for in 18 CFR 292.304(d)(1) or any 
     successor regulation.''.

       (c) Qualified Facilities Include All Biomass Facilities.--
       (1) In general.--Subparagraph (B) of section 45(c)(1) of 
     the Internal Revenue Code of 1986 (defining qualified energy 
     resources) is amended to read as follows--
       ``(B) biomass.''.
       (2) Biomass defined.--Paragraph (2) of section 45(c) of 
     such Code (relating to definitions) is amended to read as 
     follows--
       ``(2) biomass.--The term `biomass' means--
       ``(A) any organic material from a plant which is planted 
     exclusively for purposes of being used at a qualified 
     facility to produce electricity, or
       ``(B) any solid, nonhazardous, cellulosic waste material 
     which is segregated from other waste materials and which is 
     derived from--
       ``(i) any of the following forest-related resources: mill 
     residues, precommercial thinnings, slash, and brush, but not 
     including old-growth timber,
       ``(ii) poultry waste,
       ``(iii) urban sources, including waste pallets, crates, and 
     dunnage, manufacturing and construction wood wastes, and 
     landscape or right-of-way trimmings, but not including 
     unsegregated municipal solid waste (garbage) or paper that is 
     commonly recycled, or
       ``(iv) agriculture sources, including orchard tree crops, 
     vineyard, grain, legumes, sugar, and other crop by-products 
     or residues.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to electricity produced after the date of the 
     enactment of this Act.

     SEC. 902. CERTAIN AMOUNTS RECEIVED BY ELECTRIC ENERGY, GAS, 
                   OR STEAM UTILITIES EXCLUDED FROM GROSS INCOME 
                   AS CONTRIBUTIONS TO CAPITAL.

       (a) Subsection (c) of section 118 of the Internal Revenue 
     Code of 1986 (relating to special rules for water and 
     sewerage disposal utilities) is amended--
       (1) in the heading, by striking, ``WATER AND SEWERAGE 
     DISPOSAL'' and inserting ``CERTAIN'',
       (2) in paragraph (1)--
       (A) in the matter preceding paragraph (1), by striking 
     ``water or'' and inserting ``electric energy, gas (through a 
     local distribution system or transportation by pipeline), 
     steam, water, or'' and
       (B) in subparagraph (B), by striking ``water or'' and 
     inserting ``electric energy, gas, steam, water, or'',
       (3) in paragraph (2)(A)(ii), by striking ``water or'' and 
     inserting ``electric energy, gas, steam, water, or'', and
       (4) in paragraph (3)--
       (A) in subparagraph (A), by inserting ``such term shall 
     include amounts paid as customer connection fees (including 
     amounts paid to connect the customer's line to an electric 
     line, a gas main, a steam line, or a main water or sewer 
     line) and'' after ``except that'', and
       (B) in subparagraph (C), by striking ``water or'' and 
     inserting ``electric energy, gas, steam, water, or''.
       (b) The amendments made by subsection (a) shall apply to 
     amounts received after the date of the enactment of this Act.

     SEC. 903. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM 
                   STEEL COGENERATION.

       (a) Extension of Credit for Coke Production and Steel 
     Manufacturing Facilities.--Section 45(c)(1) (defining 
     qualified energy resources) is amended by striking ``and'' at 
     the end of the next to last subparagraph, by striking the 
     period at the end of the last subparagraph and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph--
       ``( ) steel cogeneration.''
       (b) Steel Cogeneration.--Section 45(c) is amended by adding 
     at the end the following--
       ``( ) Steel cogeneration.--The term `steel cogeneration' 
     means the production of steam or other form of thermal energy 
     of at least 20 percent of total production and the production 
     of electricity or mechanical energy (or both) of at least 20 
     percent of total production (meaning production from all 
     waste sources in subparagraphs (A), (B), and (C) from the 
     entire facility that produces coke, iron ore, iron, or 
     steel), provided that the cogeneration meets any regulatory 
     energy-efficiency standards established by the Secretary, and 
     only to the extent that such energy is produced from--
       ``(A) gases or heat generated during the production of 
     coke,
       ``(B) blast furnace gases or heat generated during the 
     production of iron ore or iron, or
       ``(C) waste gases or heat generated from the manufacture of 
     steel that uses at least 20 percent recycled material.''.
       (c) Modification of Placed in Service Rules for Steel 
     Cogeneration Facilities.--Section 45(c)(3) (defining 
     qualified facility) is amended by adding at the end the 
     following--
       ( ) Steel cogeneration facilities.--In the case of a 
     facility using steel cogeneration to produce electricity, the 
     term `qualified facility' means any facility permitted to 
     operate under the environmental requirements of the Clean Air 
     Act Amendments of 1990 which is owned by the taxpayer and 
     originally placed in service after December 31, 1999, and 
     before January 1, 2005. Such a facility may be treated as 
     originally placed in service when such facility was last 
     upgraded to increase efficiency or generation capability. 
     However, no facility shall be allowed a credit for more than 
     10 years of production.''.
       (d) Conforming Amendments.--
       (1) The heading for section 45 is amended by inserting 
     ``and waste energy'' after ``renewable''.
       (2) The item relating to section 45 in the table of 
     sections subpart D of part IV of subchapter A of chapter 1 is 
     amended by inserting ``and waste energy'' after 
     ``renewable''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect for taxable years beginning after December 
     31, 2001, and before January 1, 2005.

     SEC. 904. FULL EXPENSING OF HOME HEATING OIL STORAGE 
                   FACILITIES.

       (a) In General.--Section 179(b) of the Internal Revenue 
     Code of 1986 (relating to limitations) is amended by adding 
     at the end of the following--
       ``(5) Full expensing of home heating oil storage 
     facilities.--Paragraphs (1) and (2) shall not apply to 
     section 179 property which is any storage facility (not 
     including a building or its structural components) used in 
     connection with the distribution of home heating oil.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of the enactment of this Act.''

     SEC. 905. RESIDENTIAL SOLAR ENERGY TAX CREDIT.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     nonrefundable personal credits) is amended by inserting after 
     section 25A the following new section--

     ``SEC. 25B. RESIDENTIAL SOLAR ENERGY PROPERTY.

       ``(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) 15 percent of the qualified photovoltaic property 
     expenditures made by the taxpayer during such year, and
       ``(2) 15 percent of the qualified solar water heating 
     property expenditures made by the taxpayer during the taxable 
     year.

[[Page 12193]]

       ``(b) Limitations.--
       ``(1) Maximum credit.--The credit allowed under subsection 
     (a)(2) shall not exceed $2,000 for each system of solar 
     energy property.
       ``(2) Type of property.--No expenditure may be taken into 
     account under this section unless such expenditure is made by 
     the taxpayer for property installed on or in connection with 
     a dwelling unit which is located in the United States and 
     which is used as a residence.
       ``(3) Safety certifications.--No credit shall be allowed 
     under this section for an item of property unless--
       ``(A) in the case of solar water heating equipment, such 
     equipment is certified for performance and safety by the non-
     profit Solar Rating Certification Corporation or a comparable 
     entity endorsed by the government of the State in which such 
     property is installed, and
       ``(B) in the case of a photovoltaic system, such system 
     meets appropriate fire and electric code requirements.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified solar water heating property expenditure.--
     The term `qualified solar water heating property expenditure' 
     means an expenditure for property that uses solar energy to 
     heat water for use in a dwelling unit with respect to which a 
     majority of the energy is derived from the sun.
       ``(2) Qualified photovoltaic property expenditure.--The 
     term `qualified photovoltaic property expenditure' means an 
     expenditure for property that uses solar energy to generate 
     electricity for use in a dwelling unit.
       ``(3) Solar panels.--No expenditure relating to a solar 
     panel or other property installed as a roof (or portion 
     thereof) shall fail to be treated as property described in 
     paragraph (1) or (2) solely because it constitutes a 
     structural component of the structure on which it is 
     installed.
       ``(4) Labor costs.--Expenditures for labor costs properly 
     allocable to the onsite preparation, assembly, or original 
     installation of the property described in paragraph (1) or 
     (2) and for piping or wiring to interconnect such property to 
     the dwelling unit shall be taken into account for purposes of 
     this section.
       ``(5) Swimming pools, etc., used as storage medium.--
     Expenditures which are properly allocable to a swimming pool, 
     hot tub, or any other energy storage medium which has a 
     function other than the function of such storage shall not be 
     taken into account for purposes of this section.
       ``(d) 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 shall apply--
       ``(A) The amount of the credit allowable under subsection 
     (a) by reason of expenditures (as the case may be) 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 made his tenant-
     stockholder's proportionate share (as defined in section 
     216(b)(3)) of any expenditures of 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 he owns, such individual shall be 
     treated as having made his proportionate share of any 
     expenditures of 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) Joint ownership of items of solar energy property.--
       ``(A) In general.--Any expenditure otherwise qualifying as 
     an expenditure described in paragraph (1) or (2) of 
     subsection (c) shall not be treated as failing to so qualify 
     merely because such expenditure was made with respect to 2 or 
     more dwelling units.
       ``(B) Limits applied separately.--In the case of any 
     expenditure described in subparagraph (A), the amount of the 
     credit allowable under subsection (a) shall (subject to 
     paragraph (1)) be computed separately with respect to the 
     amount of the expenditure made for each dwelling unit.
       ``(5) Allocation in certain cases.--If less than 80 percent 
     of the use of an item is for nonbusiness residential 
     purposes, only that portion of the expenditures for such item 
     which is properly allocable to use for nonbusiness 
     residential purposes shall be taken into account. For 
     purposes of this paragraph, use for a swimming pool shall be 
     treated as use which is not for residential purposes.
       ``(6) When expenditure made; amount of expenditure.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an expenditure with respect to an item shall be treated as 
     made when the original installation of the item is completed.
       ``(B) Expenditures part of building construction.--In the 
     case of an expenditure in connection with the construction or 
     reconstruction of a structure, such expenditure shall be 
     treated as made when the original use of the constructed or 
     reconstructed structure by the taxpayer begins.
       ``(C) Amount.--The amount of an expenditure shall be the 
     cost thereof.
       ``(e) Basis Adjustments.--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.''.
       (b) Conforming Amendments.--
       (1) Subsection (a) of section 1016 of such Code is amended 
     by striking `and' at the end of paragraph (26), by striking 
     the period at the end of paragraph (27) and inserting ``; 
     and'', and by adding at the end the following new paragraph:
       ``(28) to the extent provided in section 25B(e), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 25B.''.
       (2) The table of sections for subpart A of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 25A the 
     following new item--

``Sec. 25B. Residential solar energy property.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after December 31, 1999 
     and before December 31, 2004.

     SECTION __. TEMPORARY REDUCTION OF 4.3 CENTS PER GALLON IN 
                   FUEL TAXES ON GASOLINE, DIESEL FUEL, KEROSENE, 
                   AND AVIATION FUEL.

       (a) In General.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline, diesel 
     fuel, and kerosene) is amended by adding at the end the 
     following new subsection:
       ``(f) Temporary 18.4-Cent Reduction in Taxes on Gasoline, 
     Diesel Fuel, and Kerosene.--
       ``(1) In general.--During the applicable period, each rate 
     of tax referred to in paragraph (2) shall be reduced by 18.4 
     cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) clause (i), (ii), (iii) of subsection (a)(2)(A) 
     (relating to gasoline, diesel fuel, and kerosene), and
       ``(B) paragraph (1) of section 4041(a) (relating to diesel 
     fuel) with respect to fuel sold for use or used in a diesel-
     powered highway vehicle.
       ``(3) Protecting social security trust funds.--If upon the 
     determination described in paragraph (1)(B), the Secretary, 
     after consultation with the Director of the Office of 
     Management and Budget, determines that such reduction would 
     result in an aggregate reduction in revenues to the Treasury 
     exceeding the Federal on-budget surplus during the remainder 
     of the applicable period, the Secretary shall modify such 
     reduction such that each rate of tax referred to in paragraph 
     (2), subparagraphs (A) and (C) of section 4042(b)(1), and 
     section 4091(e)(1) is reduced in a pro rata matter and such 
     aggregate reduction does not exceed such surplus.
       ``(4) Maintenance of trust fund deposits.--In determining 
     the amounts to be appropriated to the Highway Trust Fund 
     under section 9503 and the Airport and Airway Trust Fund 
     under section 9502, an amount equal to the reduction in 
     revenues to the Treasury by reason of this subsection shall 
     be treated as taxes received in the Treasury under this 
     section.
       ``(5) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means the period beginning after 
     June 30, 2000, and ending before March 30, 2001.''
       (b) Aviation Fuel.--Section 4091 of the Internal Revenue 
     Code of 1986 (relating to imposition of tax on aviation fuel) 
     is amended by adding at the end the following new subsection:
       ``(e) Temporary 18.4-Cent Reduction in Tax on Aviation 
     Fuel.--
       ``(1) In general.--During the applicable period, the rate 
     of tax otherwise applicable under subsection (b)(1) shall be 
     reduced by 18.4 cents per gallon.
       ``(2) Maintenance of trust fund deposits.--In determining 
     the amounts to be appropriated to the Airport and Airway 
     Trust Fund under section 9502, an amount equal to the 
     reduction in revenues to the Treasury by reason of this 
     subsection shall be treated as

[[Page 12194]]

     taxes received in the Treasury under this section.
       ``(3) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means the period beginning after 
     June 30, 2000, and ending before March 30, 2001.''
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 2. FLOOR STOCK REFUNDS.

       (a) In General.--If--
       (1) before the tax reduction date, tax has been imposed 
     under section 4081 or 4091 of the Internal Revenue Code of 
     1986 on any liquid, and
       (2) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale,
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (hereafter in this section referred 
     to as the ``taxpayer'') an amount equal to the excess of the 
     tax paid by the taxpayer over the amount of such tax which 
     would be imposed on such liquid had the taxable event 
     occurred on the tax reduction date.
       (b) Time for Filing Claims.--No credit or refund shall be 
     allowed or made under this section unless--
       (1) claim therefor is filed with the Secretary of the 
     Treasury before the date which is 6 months after the tax 
     reduction date, and
       (2) in any case where liquid is held by a dealer (other 
     than the taxpayer) on the tax reduction date--
       (A) the dealer submits a request for refund or credit to 
     the taxpayer before the date which is 3 months after the tax 
     reduction date, and
       (B) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (c) Exception for Fuel Held in Retail Stocks.--No credit or 
     refund shall be allowed under this section with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (d) Definitions.--For purposes of this section--
       (1) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (2) the term ``tax reduction date'' means April 16, 2000.
       (e) Certain Rules To Apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this section.

     SEC. 3. FLOOR STOCKS TAX.

       (a) Imposition of Tax.--In the case of any liquid on which 
     tax was imposed under section 4081 or 4091 of the Internal 
     Revenue Code of 1986 during the applicable period, and which 
     is held on the floor stocks tax date by any person, there is 
     hereby imposed a floor stocks tax of 4.3 cents per gallon.
       (b) Liability for Tax and Method of Payment.--
       (1) Liability for tax.--A person holding a liquid on the 
     floor stocks tax date to which the tax imposed by subsection 
     (a) applies shall be liable for such tax.
       (2) Method of payment.--The tax imposed by subsection (a) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (3) Time for payment.--The tax imposed by subsection (a) 
     shall be paid on or before the date which is 6 months after 
     the floor stocks tax date.
       (c) Definitions.--For purposes of this section--
       (1) Held by a person.--A liquid shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (2) Gasoline, diesel fuel, and aviation fuel.--The terms 
     ``gasoline'', ``diesel fuel'', and aviation fuel have the 
     respective meanings given such terms by sections 4083 and 
     4093 of such Code.
       (3) Floor stocks tax date.--The term ``floor stocks tax 
     date'' means January 1, 2001.
       (4) Applicable period.--The term ``applicable period'' 
     means the period beginning after April 15, 2000, and ending 
     before January 1, 2001.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (d) Exception for Exempt Uses.--The tax imposed by 
     subsection (a) shall not apply to gasoline, diesel fuel, 
     kerosene, or aviation fuel held by any person exclusively for 
     any use to the extent a credit or refund of the tax imposed 
     by section 4081 of such Code is allowable for such use.
       (e) Exception for Fuel Held in Vehicle Tank.--No tax shall 
     be imposed by subsection (a) on gasoline, diesel fuel, 
     kerosene, or aviation fuel held in the tank of a motor 
     vehicle, motorboat, or aircraft.
       (f) Exception for Certain Amounts of Fuel.--
       (1) In general.--No tax shall be imposed by subsection 
     (a)--
       (A) on gasoline (other than aviation gasoline) held on the 
     floor stocks tax date by any person if the aggregate amount 
     of gasoline held by such person on such date does not exceed 
     4,000 gallons, and
       (B) on aviation gasoline, diesel fuel, kerosene, or 
     aviation fuel held on such date by any person if the 
     aggregate amount of aviation gasoline, diesel fuel, kerosene, 
     or aviation fuel held by such person on such date does not 
     exceed 2,000 gallons.
     The preceding sentence shall apply only if such person 
     submits to the Secretary (at the time and in the manner 
     required by the Secretary) such information as the Secretary 
     shall require for purposes of this paragraph.
       (2) Exempt fuel.--For purposes of paragraph (1), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by subsection (a) by reason of 
     subsection (d) or (e).
       (3) Controlled groups.--For purposes of this subsection--
       (A) Corporations.--
       (i) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (ii) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of such Code; except that for such purposes the phrase 
     ``more than 50 percent'' shall be substituted for the phrase 
     ``at least 80 percent'' each place it appears in such 
     subsection.
       (B) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of subparagraph (A) shall apply to a group 
     of persons under common control where 1 or more of such 
     persons is not a corporation.
       (g) Other Law Applicable.--All provisions of law, including 
     penalties, applicable with respect to the taxes imposed by 
     section 4081 of such Code shall, insofar as applicable and 
     not inconsistent with the provisions of this subsection, 
     apply with respect to the floor stock taxes imposed by 
     subsection (a) to the same extent as if such taxes were 
     imposed by such section 4081.

     SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO 
                   CONSUMERS.

       (a) Passthrough to Consumers.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) consumers immediately receive the benefit of the 18.4-
     cent reduction in gas taxes under this Act, and
       (B) transportation motor fuels producers and other dealers 
     take such actions as necessary to reduce transportation motor 
     fuels prices to reflect such reduction, including immediate 
     credits to customer accounts representing tax refunds allowed 
     as credits against excise tax deposit payments under the 
     floor stocks refund provisions of this Act.
       (2) Study.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct a study of the 18.4-cent reduction of 
     taxes under this Act to determine whether there has been a 
     passthrough of such reduction and what benefits have accrued, 
     directly or indirectly, to consumers as a result of the gas 
     tax reduction.
       (B) Report.--Not later than March 30, 2001, the Comptroller 
     General of the United States shall report to the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives the results of the study 
     conducted under subparagraph (A).
                                 ______
                                 

                        WYDEN AMENDMENT NO. 3616

  (Ordered to lie on the table.)
  Mr. WYDEN submitted an amendment intended to be proposed by him to 
the bill, H.R. 4577, supra; as follows:

       On page 33, line 16, strike the period and insert the 
     following: ``: Provided further, That the Director of the 
     National Institutes of Health shall ensure, with respect to 
     funds appropriated under this Act, that--
       ``(1) an entity that receives a grant or contract, made 
     available with the appropriated funds by the National 
     Institutes of Health, to conduct research shall provide the 
     Director, at intervals of time determined appropriate by the 
     Director, with information relating to--
       ``(A) any pharmaceutical, pharmaceutical compound or drug 
     delivery mechanism (including biologics and vaccines) 
     approved by the Food and Drug Administration that is 
     manufactured from a technology that--
       ``(i) is developed, in whole or in part, using the results 
     of such research; and
       ``(ii) has been licensed, sold or transferred by the 
     grantee or contractor to an organization for manufacturing 
     purposes;
       ``(B) the utilization of each such technology that has been 
     licensed, sold or transferred to another entity;
       ``(C) the amount of royalties, other payments, or other 
     forms of reimbursement collected by the grantee or contractor 
     with respect to the license, sale or transfer of each such 
     technology; and
       ``(D) the aggregate amount of the specific grants or 
     contracts that were used in the development of such 
     transferred technology.
       ``(2) an annual report is prepared and submitted to the 
     appropriate committees of Congress that contains a summary of 
     the information provided to the Director under paragraph (1) 
     for the period for which the report is being prepared;
       ``(3)(A) as a condition of receiving a grant or contract 
     from the National Institutes of Health to conduct research, 
     an entity shall provide assurances to the Director that such 
     entity will, as a part of any agreement that

[[Page 12195]]

     is entered into by the entity to license, sell, or transfer 
     any technology that is developed, in whole or in part, using 
     the results of such research, require the repayment by the 
     licensee, purchaser, or transferee (or the entity if the 
     entity is using the technology in a manner described in this 
     subparagraph) to the Director of an amount (determined under 
     subparagraph (B)) of the funds made available through the 
     grants or contracts as reported by the entity under paragraph 
     (1)(D), if the licensee, purchaser, or transferee uses the 
     technology to manufacture a pharmaceutical, pharmaceutical 
     compound, or drug delivery mechanism (including biologics and 
     vaccines) that is approved by the Food and Drug 
     Administration;
       ``(B) the amount of the funds made available through the 
     grant or contract to be repaid under subparagraph (A) shall 
     be determined according to a fee schedule that--
       ``(i) is established by the Director; and
       ``(ii) shall ensure that--

       ``(I) the amount is based on a percentage of the net sales 
     of the pharmaceutical, pharmaceutical compound, or drug 
     delivery mechanism (including biologics and vaccines) that is 
     referred to in subparagraph (A); and
       ``(II) the aggregate amount is limited to the aggregate 
     amount of the funds made available through the grants or 
     contracts involved; and

       ``(C) the amount described in subparagraph (B) shall be 
     repaid to the Director, who shall deposit any such amount in 
     an account and distribute funds from the account to the 
     various offices of the National Institutes of Health for 
     research conducted by the various offices, according to the 
     scientific merit presented by the research projects involved; 
     and
       ``(4)(A) with respect to an entity that is required to 
     repay funds under paragraph (3), if the net sales of the 
     pharmaceutical, pharmaceutical compound, or drug delivery 
     mechanism (including biologics and vaccines) involved exceed 
     $500,000,000 (or the increased or decreased amount determined 
     under subparagraph (B)) in any calendar year, the entity 
     shall pay to the Director (as a return on the investment made 
     by the Director through the grant or contract involved) for 
     such year an amount equal to 1 percent of the amount by which 
     such net sales exceed $500,000,000 (or such increased or 
     decreased amount) in such year; and
       ``(B) the $500,000,000 amount referred to in subparagraph 
     (A) shall be increased or decreased, for each calendar year 
     that ends after December 31, 2000, by the same percentage as 
     the percentage by which the Consumer Price Index for All 
     Urban Consumers (United States city average), published by 
     the Bureau of Labor Statistics, for September of the 
     preceding calendar year has increased or decreased from the 
     Index for September of 2000.''.
                                 ______
                                 

                     ZIMBABWE DEMOCRACY ACT OF 2000

                                 ______
                                 

                        FRIST AMENDMENT NO. 3617

  Mr. COVERDELL (for Mr. Frist) proposed an amendment to the bill (S. 
2677) to restrict assistance until certain conditions are satisfied and 
to support democratic and economic transition in Zimbabwe; as follows:

  Strike all after the enacting clause and insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Zimbabwe Democracy Act of 
     2000''.

     SEC. 2. FINDINGS AND POLICY.

       (a) Findings.--Congress finds as follows:
       (1) Deliberate and systematic violence, intimidation, and 
     killings have been orchestrated and supported by the 
     Government of Zimbabwe and the ruling ZANU-PF party against 
     members, sympathizers, and supporters of the democratic 
     opposition, farmers, and employees. The violence has resulted 
     in death, a breakdown in the rule of law, and further 
     collapse of Zimbabwe's economy.
       (2) The lawlessness, harassment, violence, intimidation, 
     and killings directed at the opposition and their supporters, 
     farmers and farm employees continues at President Mugabe's 
     explicit and public urging despite two court rulings that the 
     occupations are illegal and must be ended.
       (3) The breakdown in the rule of law has jeopardized 
     Zimbabwe's future, including international support for 
     programs which provide land ownership for the large number of 
     poor and landless Zimbabweans, other donor programs, economic 
     stability, and direct investment.
       (4) The orchestrated violence and intimidation directed at 
     opposition supporters has created and fostered an environment 
     which seriously compromises the possibility of free and fair 
     elections.
       (5) The crisis in Zimbabwe is further exacerbated by the 
     fact that Zimbabwe is spending millions of dollars each month 
     on its involvement in the civil war in the Democratic 
     Republic of Congo. Those resources could finance equitable 
     and transparent land reform, other programs to promote 
     economic growth and alleviate poverty, and programs to combat 
     the spread and effects of the world's highest HIV infection 
     rate.
       (b) Statement of Policy.--It is therefore the policy of the 
     United States to support the people of Zimbabwe in their 
     struggles to effect peaceful, democratic change, achieve 
     broad-based and equitable economic growth, and restore the 
     rule of law.

     SEC. 3. PROHIBITION ON PROVISION OF ASSISTANCE OR DEBT 
                   RELIEF.

       (a) Prohibition on Assistance.--Except as provided in 
     subsection (b)--
       (1) no United States assistance may be provided for the 
     Government of Zimbabwe;
       (2) no indebtedness owed by the Government of Zimbabwe to 
     the United States Government may be canceled or reduced; and
       (3) the Secretary of the Treasury shall instruct the United 
     States Executive Director to each international financial 
     institution to oppose and vote against--
       (A) any extension by the respective institution of any 
     assistance of any kind to the Government of Zimbabwe, except 
     for assistance to meet basic human needs and for good 
     governance; and
       (B) any cancellation or reduction of indebtedness owed by 
     the Government of Zimbabwe to that institution.
       (b) Conditions for Restoration of Eligibility for 
     Assistance and Debt Relief.--The provisions of subsection (a) 
     shall apply until the President certifies to the appropriate 
     congressional committees that--
       (1) the rule of law has been restored in Zimbabwe, 
     including respect for ownership and title to property held 
     prior to January 1, 2000, freedom of speech and association, 
     and an end to the lawlessness, violence, and intimidation 
     sponsored, condoned, or tolerated by the Government of 
     Zimbabwe, the ruling party, and their supporters or entities;
       (2) Zimbabwe has held parliamentary elections which are 
     widely accepted by the participating parties and the duly 
     elected are free to assume their offices;
       (3)(A) Zimbabwe has held a presidential election which is 
     widely accepted by the participating parties and the 
     president-elect is free to assume the duties of the office; 
     or
       (B) the government has sufficiently improved the pre-
     election environment to a degree consistent with accepted 
     international standards for security and freedom of movement 
     and association;
       (4) the Government of Zimbabwe has demonstrated a 
     commitment to an equitable, legal, and transparent land 
     reform program which should--
       (A) respect existing ownership of and title to property by 
     providing fair, market-based compensation to sellers;
       (B) benefit the truly needy and landless;
       (C) be based on the principle of ownership and title to all 
     land, including communal areas;
       (D) be managed and administered by an independent, 
     nongovernmental body; and
       (E) be consistent with agreements reached at the 
     International Donors' Conference on Land Reform and 
     Resettlement in Zimbabwe held in Harare in September, 1998;
       (5) the Government of Zimbabwe is making a good faith 
     effort to fulfill the terms of the Lusaka agreement on ending 
     the war in the Democratic Republic of Congo; and
       (6) the Zimbabwean Armed Forces and the National Police of 
     Zimbabwe are responsible to and serve the elected civilian 
     government.
       (c) United States Assistance Defined.--
       (1) In general.--Except as provided in paragraph (2), in 
     this section, the term ``United States assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 1961 
     (excluding programs under title IV of chapter 2 of part I, 
     relating to the Overseas Private Investment Corporation);
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act;
       (C) the licensing of exports under section 38 of the Arms 
     Export Control Act; and
       (D) the provision of agricultural commodities, other than 
     food, under the Agricultural Trade Development and Assistance 
     Act of 1954.
       (2) Exceptions.--The term ``United States assistance'' does 
     not include--
       (A) humanitarian assistance, including food, medicine, 
     medical supplies;
       (B) health assistance, including health assistance for the 
     prevention, treatment, and control of HIV/AIDS and other 
     infectious diseases;
       (C) support for democratic governance and the rule of law;
       (D) support for land reform programs consistent with 
     subsection (b)(4);
       (E) support for conservation programs; and
       (F) support for de-mining programs.
       (d) Waiver.--The President may waive the provisions of 
     subsection (a) if he determines that it is in the national 
     interest of the United States to do so.

     SEC. 4. SUPPORT FOR DEMOCRATIC INSTITUTIONS AND THE RULE OF 
                   LAW.

       (a) Assistance for Legal Expenses.--As one component of a 
     comprehensive approach towards supporting democratic 
     institutions and the rule of law in Zimbabwe, the President 
     is authorized to use funds appropriated to carry out the 
     provisions of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961 to finance the legal and related 
     expenses of--
       (1) individuals and democratic institutions challenging 
     restrictions to free speech and association in Zimbabwe, 
     including challenges to licensing fees, restrictions, and 
     other charges and penalties imposed on the

[[Page 12196]]

     media or on individuals exercising their right of free speech 
     and association;
       (2) individuals and democratic institutions and 
     organizations challenging electoral outcomes or restrictions 
     to their pursuit of elective office or democratic reforms, 
     including fees or other costs imposed by the Government on 
     those individuals or institutions; and
       (3) individuals who are the victims of torture or otherwise 
     victimized by political violence.
       (b) Authority for Radio Broadcasting.--
       (1) In general.--The Broadcasting Board of Governors shall 
     further the communication of information and ideas through 
     the increased use of radio broadcasting to Zimbabwe to ensure 
     that radio broadcasting to that country serves as a 
     consistently reliable and authoritative source of accurate, 
     objective and comprehensive news.
       (2) Termination.--The authority of this subsection shall 
     terminate upon a certification by the President under section 
     3(b) that the conditions specified in that section have been 
     satisfied.
       (c) Assistance for Democracy Training.--During fiscal year 
     2001, the President is authorized to use not less than 
     $6,000,000 of the funds made available to carry out the 
     provisions of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961 for democracy and governance programs 
     in Zimbabwe.
       (d) Election Observers.--It is the sense of Congress that 
     the President should provide support, including through the 
     National Endowment for Democracy, for international election 
     observers to the Zimbabwean parliamentary elections in 2000 
     and the presidential election scheduled for 2002, including 
     assessments of the pre-electoral environment in each case and 
     the electoral laws of Zimbabwe.

     SEC. 5. SUPPORT FOR DEMOCRATIC TRANSITION AND ECONOMIC 
                   RECOVERY.

       Upon the certification made by the President under section 
     3(b)--
       (1) up to $16,000,000 of funds appropriated to carry out 
     the provisions of chapter 4 of part II of the Foreign 
     Assistance Act of 1961, is authorized to be made available, 
     notwithstanding any other provision of law, for support for 
     alternative schemes under the Inception Phase of the Land 
     Reform and Resettlement Program, including costs related to 
     acquisition of land and resettlement, meeting the standards 
     in section 3(b)(4); and
       (2) the Secretary of the Treasury shall--
       (A) undertake a review of the feasibility of restructuring, 
     rescheduling, or eliminating the sovereign debt of Zimbabwe 
     held by any agency of the United States Government;
       (B) direct the United States Executive Director of each 
     international financial institution to which the United 
     States is a member to propose that such institution undertake 
     a review of the feasibility of restructuring, rescheduling, 
     or eliminating the sovereign debt of Zimbabwe held by that 
     institution; and
       (C) direct the United States Executive Director of each 
     international financial institution to which the United 
     States is a member to propose to undertake financial and 
     technical support for Zimbabwe, especially that intended to 
     promote Zimbabwe's economic recovery and development, the 
     stabilization of the Zimbabwean dollar, and the viability of 
     Zimbabwe's democratic institutions; and
       (3) there shall be established a Southern Africa Finance 
     Center located in Zimbabwe that will co-locate regional 
     offices of the Overseas Private Investment Corporation, the 
     Export-Import Bank of the United States, and the Trade and 
     Development Agency for the purpose of facilitating the 
     development of commercial projects in Zimbabwe and the 
     southern Africa region.
                                 ______
                                 

            SUPPORTING THE GOALS AND IDEALS OF THE OLYMPICS

                                 ______
                                 

                      CAMPBELL AMENDMENT NO. 3618

  Mr. ROBERTS (for Mr. Campbell) proposed an amendment to the preamble 
accompanying the resolution (S. Res. 254) supporting the goals and 
ideals of the Olympics; as follows:

       In the preamble, in the tenth whereas clause, insert ``, 
     2000'' after ``June 23''.
                                 ______
                                 

  DEPARTMENT OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 2001

                                 ______
                                 

                      HUTCHISON AMENDMENT NO. 3619

  Mrs. HUTCHISON proposed an amendment to the bill, H.R. 4577, supra; 
as follows:

       On page 59, line 12, before the period insert the 
     following: ``: Provided further, That funds made available 
     under this heading to carry out section 6301(b) of the 
     Elementary and Secondary Education Act of 1965 shall be 
     available for education reform projects that provide same 
     gender schools and classrooms, consistent with applicable 
     law''.

                          ____________________