[Congressional Record (Bound Edition), Volume 149 (2003), Part 11]
[Senate]
[Pages 14527-14533]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 878. Mr. SCHUMER submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 150, after line 14, insert the following:

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

       Not later than December 31, 2003, the Secretary of Energy 
     shall transmit to the Congress a plan for the transfer to the 
     Secretary of title to, and full responsibility for the 
     possession, transportation, disposal, stewardship, 
     maintenance, and monitoring of, all facilities, property, and 
     radioactive waste at the Western New York Service Center in 
     West Valley, New York. The Secretary shall consult with the 
     President of the New York State Energy Research and 
     Development Authority in developing such plan.
                                 ______
                                 
  SA 879. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

         At the appropriate place, insert the following:

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

         Section 29(k)(4)(A)(iv) of the Small Business Act (15 
     U.S.C. 656(k)(4)(A)(iv)) is amended by striking ``30.2 
     percent'' and inserting ``36 percent''.
                                 ______
                                 
  SA 880. Mr. ALEXANDER (for himself, Mr. Santorum, Mr. Cornyn, Ms. 
Landrieu, Mr. Bingaman, Mr. Domenici, Mr. Grassley, and Ms. Murkowski) 
proposed an amendment to the bill S. 14, to enhance the energy security 
of the United States, and for other purposes; as follows:

       Page 52, after line 22, insert:

     ``SECTION   . NATURAL GAS SUPPLY SHORTAGE REPORT.

       ``(a) Report.--Not later than six months after the date of 
     enactment of this act, the Secretary of Energy 
     (``Secretary'') shall submit to the Congress a report on 
     natural gas supplies and demand. In preparing the report, the 
     Secretary shall consult with experts in natural gas supply 
     and demand as well as representatives of State and local 
     units of government, tribal organizations, and consumer and 
     other organizations. As the Secretary deems advisable, the 
     Secretary may hold public hearings and provide other 
     opportunities for public comment. The report shall contain 
     recommendations for federal actions that, if implemented, 
     will result in a balance between natural gas supply and 
     demand at a level that will ensure, to the maximum extent 
     practicable, achievement of the objectives established in 
     subsection (b).
       ``(b) Objectives of Report.--In preparing the report, the 
     Secretary shall seek to develop a series of recommendations 
     that will result in a balance between natural gas supply and 
     demand adequate to--
       ``(1) provide residential consumers with natural gas at 
     reasonable and stable prices;
       ``(2) accommodate long-term maintenance and growth of 
     domestic natural gas dependent industrial, manufactured and 
     commercial enterprises;
       ``(3) facilitate the attainment of national ambient air 
     quality standards under the Clean Air Act;
       ``(4) permit continued progress in reducing emissions 
     associated with electric power generation; and
       ``(5) support development of the preliminary phases of 
     hydrogen-based energy technologies.
       ``(c) Contents of Report.--The report shall provide a 
     comprehensive analysis of natural gas supply and demand in 
     the United States for the period from 2004 and 2015. The 
     analysis shall include, at a minimum--
       ``(1) estimates of annual domestic demand for natural gas 
     that take into account the effect of federal policies and 
     actions that are likely to increase and decrease demand for 
     natural gas;
       ``(2) projections of annual natural gas supplies, from 
     domestic and foreign sources, under existing federal 
     policies;
       ``(3) an identification of estimated natural gas supplies 
     that are not available under existing federal policies;
       ``(4) scenarios for decreasing natural gas demand and 
     increasing natural gas supplies comparing relative economic 
     and environmental impacts of federal policies that--
       ``(A) encourage or require the use of natural gas to meet 
     air quality, carbon dioxide emission reduction, or energy 
     security goals;
       ``(B) encourage or require the use of energy sources other 
     than natural gas, including coal, nuclear and renewable 
     sources;
       ``(C) support technologies to develop alternative sources 
     of natural gas and synthetic gas, including coal gasification 
     technologies;
       ``(D) encourage or require the use of energy conservation 
     and demand side management practices; and
       ``(E) affect access to domestic natural gas supplies; and
       ``(5) recommendations for federal actions to achieve the 
     objectives of the report, including recommendations that--
       ``(A) encourage or require the use of energy sources other 
     than natural gas, including coal, nuclear and renewable 
     sources;
       ``(B) encourage or require the use of energy conservation 
     or demand side management practices;
       ``(C) support technologies for the development of 
     alternative sources of natural gas and synthetic gas, 
     including coal gasification technologies; and
       ``(D) will improve access to domestic natural gas 
     supplies.''.
                                 ______
                                 
  SA 881. Mr. BINGAMAN (for himself, Mr. Inouye, and Mr. Daschle) 
proposed an amendment to the bill S. 14, to enhance the energy security 
of the United States, and for other purposes; as follows:

       Page 101, line 1, strike ``electrify Indian tribal land'' 
     and all that follows through page 128, line 24, and insert:
       ``(4) electrify Indian tribal land and the homes of tribal 
     members.''
       (b) Conforming Amendments.--
       (1) The table of contents of the Department of Energy 
     Organization Act (42 U.S.C. prec. 7101) is amended--
       (A) in the item relating to section 209, by striking 
     ``Section'' and inserting ``Sec.''; and
       (B) by striking the items relating to sections 213 through 
     216 and inserting the following:
``Sec. 213. Establishment of policy for National Nuclear Security 
              Administration.
``Sec. 214. Establishment of security, counterintelligence, and 
              intelligence policies.
``Sec. 215. Office of Counterintelligence.
``Sec. 216. Office of Intelligence.
``Sec. 217. Office of Indian Energy Policy and Programs
       (2) Section 5315 of title 5, United States Code, is amended 
     by inserting ``Director, Office of Indian Energy Policy and 
     Programs, Department of Energy.'' after ``Inspector General, 
     Department of Energy.''.

     SEC. 303. INDIAN ENERGY.

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

[[Page 14528]]


                      ``TITLE XXVI--INDIAN ENERGY

     ``SEC. 2601. DEFINITIONS.

       ``For purposes of this title:
       ``(1) The term `Director' means the Director of the Office 
     of Indian Energy Policy and Programs, Department of Energy.
       ``(2) The term `Indian land' means--
       ``(A) any land located within the boundaries of an Indian 
     reservation, pueblo, or rancheria;
       ``(B) any land not located within the boundaries of an 
     Indian reservation, pueblo, or rancheria, the title to which 
     is held--
       ``(i) in trust by the United States for the benefit of an 
     Indian tribe;
       ``(ii) by an Indian tribe, subject to restriction by the 
     United States against alienation; or
       ``(iii) by a dependent Indian community; and
       ``(C) land conveyed to a Native Corporation under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(3) The term `Indian reservation' includes--
       ``(A) an Indian reservation in existence in any State or 
     States as of the date of enactment of this paragraph;
       ``(B) a public domain Indian allotment;
       ``(C) in Oklahoma, all land that is--
       ``(i) within the jurisdictional area of an Indian tribe, 
     and
       ``(ii) within the boundaries of the last reservation of 
     such tribe that was established by treaty, executive order, 
     or secretarial order; and
       ``(D) a dependent Indian community located within the 
     borders of the United States, regardless of whether the 
     community is located--
       ``(i) on original or acquired territory of the community; 
     or
       ``(ii) within or outside the boundaries of any particular 
     State.
       ``(4) The term `Indian tribe' has the meaning given the 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b), except the term, 
     for the purpose of Section 2604, shall not include any Native 
     Corporation.
       ``(5) The term `Native Corporation' has the meaning given 
     the term in section 3 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1602).
       ``(6) The term `organization' means a partnership, joint 
     venture, limited liability company, or other unincorporated 
     association or entity that is established to develop Indian 
     energy resources.
       ``(7) The term `Program' means the Indian energy resource 
     development program established under section 2602(a).
       ``(8) The term `Secretary' means the Secretary of the 
     Interior.
       ``(9) The term `tribal energy resource development 
     organization' means an organization of 2 or more entities, at 
     least 1 of which is an Indian tribe, that has the written 
     consent of the governing bodies of all Indian tribes 
     participating in the organization to apply for a grant, loan, 
     or other guarantee authorized by sections 2602 or 2603 of 
     this title.
       ``(10) The term `tribal land' means any land or interests 
     in land owned by any Indian tribe, band, nation, pueblo, 
     community, rancheria, colony or other group, title to which 
     is held in trust by the United States or which is subject to 
     a restriction against alienation imposed by the United 
     States.
       ``(11) The term `vertical integration of energy resources'' 
     means any project or activity that promotes the location and 
     operation of a facility (including any pipeline, gathering 
     system, transportation system or facility, or electric 
     transmission facility), on or near Indian land to process, 
     refine, generate electricity from, or otherwise develop 
     energy resources on, Indian land.

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

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

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

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

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

       ``(a) Leases and Agreements.--Subject to the provisions of 
     this section--

[[Page 14529]]

       ``(1) an Indian tribe may, at its discretion, enter into a 
     lease or business agreement for the purpose of energy 
     development, including a lease or business agreement for--
       ``(A) exploration for, extraction of, processing of, or 
     other development of energy resources on tribal land; and
       ``(B) construction or operation of an electric generation, 
     transmission, or distribution facility located on tribal 
     land; or a facility to process or refine energy resources 
     developed on tribal land; and
       ``(2) such lease or business agreement described in 
     paragraph (1) shall not require the approval of the Secretary 
     under section 2103 of the Revised Statutes (25 U.S.C. 81) or 
     any other provision of Title 25, U.S. Code, if--
       ``(A) the lease or business agreement is executed in 
     accordance with a tribal energy resource agreement approved 
     by the Secretary under subsection (e);
       ``(B) the term of the lease or business agreement does not 
     exceed--
       ``(i) 30 years; or
       ``(ii) in the case of a lease for the production of oil and 
     gas resources, 10 years and as long thereafter as oil or gas 
     is produced in paying quantities; and
       ``(C) the Indian tribe has entered into a tribal energy 
     resource agreement with the Secretary, as described in 
     subsection (e), relating to the development of energy 
     resources on tribal land (including an annual trust asset 
     evaluation of the activities of the Indian tribe conducted in 
     accordance with the agreement).
       ``(b) Rights-of-Way for Pipelines or Electric Transmission 
     or Distribution Lines.--An Indian tribe may grant a right-of-
     way over tribal land for a pipeline or an electric 
     transmission or distribution line without specific approval 
     by the Secretary if--
       ``(1) the right-of-way is executed in accordance with a 
     tribal energy resource agreement approved by the Secretary 
     under subsection (e);
       ``(2) the term of the right-of-way does not exceed 30 
     years;
       ``(3) the pipeline or electric transmission or distribution 
     line serves--
       ``(A) an electric generation, transmission, or distribution 
     facility located on tribal land; or
       ``(B) a facility located on tribal land that processes or 
     refines energy resources developed on tribal land; and
       ``(4) the Indian tribe has entered into a tribal energy 
     resource agreement with the Secretary, as described in 
     subsection (e), relating to the development of energy 
     resources on tribal land (including an annual trust asset 
     evaluation of the activities of the Indian tribe conducted in 
     accordance with the agreement).
       ``(c) Renewals.--A lease or business agreement entered into 
     or a right-of-way granted by an Indian tribe under this 
     section may be renewed at the discretion of the Indian tribe 
     in accordance with this section.
       ``(d) Validity.--No lease, business agreement, or right-of-
     way relating to the development of tribal energy resources 
     pursuant to the provisions of this section shall be valid 
     unless the lease, business agreement, or right-of-way is 
     authorized in accordance with a tribal energy resource 
     agreement approved by the Secretary under subsection (e)(2).
       ``(e) Tribal Energy Resource Agreements.--
       ``(1) On promulgation of regulations under paragraph (8), 
     an Indian tribe may submit to the Secretary for approval a 
     tribal energy resource agreement governing leases, business 
     agreements, and rights-of-way under this section.
       ``(2)(A) Not later than 180 days after the date on which 
     the Secretary receives a tribal energy resource agreement 
     submitted by an Indian tribe under paragraph (1) (or one year 
     if the Secretary determines such additional time is necessary 
     to comply with applicable federal law), the Secretary shall 
     approve or disapprove the tribal energy resource agreement.
       ``(B) The Secretary shall approve a tribal energy resource 
     agreement submitted under paragraph (1) if--
       ``(i) the Secretary determines that the Indian tribe has 
     demonstrated that the Indian tribe has sufficient capacity to 
     regulate the development of energy resources of the Indian 
     tribe; and
       ``(ii) the tribal energy resource agreement includes 
     provisions that, with respect to a lease, business agreement, 
     or right-of-way under this section--
       ``(1) ensure the acquisition of necessary information from 
     the applicant for the lease, business agreement, or right-of-
     way;
       ``(II) address the term of the lease or business agreement 
     or the term of conveyance of the right-of-way;
       ``(III) address amendments and renewals;
       ``(IV) address consideration for the lease, business 
     agreement, or right-of-way;
       ``(V) address technical or other relevant requirements;
       ``(VI) establish requirements for environmental review in 
     accordance with subparagraph (C);
       ``(VII) ensure compliance with all applicable environmental 
     laws;
       ``(VIII) identify final approval authority;
       ``(IX) provide for public notification of final approvals;
       ``(X) establish a process for consultation with any 
     affected States concerning potential off-reservation impacts 
     associated with the lease, business agreement, or right-of-
     way;
       ``(XI) describe the remedies for breach of the lease, 
     agreement, or right-of-way; and
       ``(XII) describe tribal remedies, if any, against the 
     United States for breach of any duties of the United States 
     under such tribal energy resource agreement.
       ``(C) Tribal energy resource agreements submitted under 
     paragraph (1) shall establish, and include provisions to 
     ensure compliance with, an environmental review process that, 
     with respect to a lease, business agreement, or right-of-way 
     under this section, provides for--
       ``(i) Except as provided in clause (ii) of this 
     subparagraph, the preparation of a document comparable to an 
     environmental assessment as provided for in existing 
     regulations issued by the President's Council on 
     Environmental Quality, including brief discussions of the 
     need for the proposal and the environmental impacts 
     (including impacts on cultural resources) of the proposed 
     action and alternatives (which may be limited to a no-action 
     alternative except in circumstances in which section 
     102(2)(E) of the National Environmental Policy Act (42 U.S.C. 
     4332(2)(E)) would require a broader consideration of 
     alternatives if such action were proposed by a federal 
     agency);
       ``(ii) in the event that the environmental analysis 
     specified in clause (i) leads to a determination by the 
     responsible tribal official that the impacts of the proposed 
     action will be significant, the tribe will prepare an 
     environmental impact statement comparable to that required 
     pursuant to existing regulations of the Council on 
     Environmental Quality, provided that the preparation of an 
     environmental assessment pursuant to clause (i) is not 
     required if the responsible tribal official makes a threshold 
     determination that an environmental impact statement pursuant 
     to this clause (ii) will be required;
       ``(iii) the identification of proposed mitigation and 
     mechanisms to ensure that any mitigation measures that are 
     incorporated into the environmental documents required 
     pursuant to clause (i) or (ii) will be enforceable;
       ``(iv) a process for ensuring that the public is informed 
     of and has an opportunity to comment on the environmental 
     impacts of any proposed lease, business agreement, or right-
     of-way before the issuance of a final document under clauses 
     (i) or (ii), and before tribal approval of the lease, 
     business agreement, or right-of-way (or any amendment to or 
     renewal of the lease, business agreement, or right-of-way); 
     and
       ``(v) sufficient administrative support and technical 
     capability to carry out the environmental review process.
       ``(D) A tribal energy resource agreement negotiated between 
     the Secretary and an Indian tribe in accordance with this 
     subsection shall include--
       ``(i) provisions requiring the Secretary to conduct an 
     annual trust asset evaluation to monitor the performance of 
     the activities of the Indian tribe associated with the 
     development of energy resources on tribal land by the Indian 
     tribe; and
       ``(ii) in the case of a finding by the Secretary of 
     imminent jeopardy to a physical trust asset, provisions 
     authorizing the Secretary to reassume responsibility for 
     activities associated with the development of energy 
     resources on tribal land.
       ``(3) The Secretary shall provide notice and opportunity 
     for public comment on tribal energy resource agreements 
     submitted under paragraph (1).
       ``(4) If the Secretary disapproves a tribal energy resource 
     agreement submitted by an Indian tribe under paragraph (1), 
     the Secretary shall--
       ``(A) notify the Indian tribe in writing of the basis for 
     the disapproval;
       ``(B) identify what changes or other actions are required 
     to address the concerns of the Secretary; and
       ``(C) provide the Indian tribe with an opportunity to 
     revise and resubmit the tribal energy resource agreement.
       ``(5) If an Indian tribe executes a lease or business 
     agreement or grants a right-of-way in accordance with a 
     tribal energy resource agreement approved under this 
     subsection, the Indian tribe shall, in accordance with the 
     process and requirements set forth in the Secretary's 
     regulations adopted pursuant to subsection (e)(8), provide to 
     the Secretary--
       ``(A) a copy of the lease, business agreement, or right-of-
     way document (including all amendments to and renewals of the 
     document); and
       ``(B) in the case of a tribal energy resource agreement or 
     a lease, business agreement, or right-of-way that permits 
     payment to be made directly to the Indian tribe, 
     documentation of those payments sufficient to enable the 
     Secretary to discharge the trust responsibility of the United 
     States as appropriate under applicable law.
       ``(6)(A) Nothing in this section shall absolve the United 
     States from any responsibility to Indians or Indian tribes, 
     including those which derive from the trust relationship as 
     set forth in treaties, statutes, regulations, Executive 
     Orders, court decisions, and

[[Page 14530]]

     agreements between the United States and any Indian tribe; 
     provided further that the Secretary shall carry out the 
     actions required in this section in a manner consistent with 
     the trust responsibility to protect and conserve the trust 
     resources of Indian tribes and individual Indians, and shall 
     act in good faith in upholding such trust responsibility.
       ``(B) The Secretary shall continue to have a trust 
     obligation to ensure that the rights of an Indian tribe are 
     protected in the event of a violation of federal law or the 
     terms of any lease, business agreement or right-of-way under 
     this section by any other party to any such lease, business 
     agreement or right-of-way.
       ``(7)(A) In this paragraph, the term `interested party' 
     means any person or entity the interests of which have 
     sustained or will sustain an adverse environmental impact as 
     a result of the failure of an Indian tribe to comply with a 
     tribal energy resource agreement of the Indian tribe approved 
     by the Secretary under paragraph (2).
       ``(B) After exhaustion of tribal remedies, and in 
     accordance with the process and requirements set forth in 
     regulations adopted by the Secretary pursuant to subsection 
     (e)(8), an interested party may submit to the Secretary a 
     petition to review compliance of an Indian tribe with a 
     tribal energy resource agreement of the Indian tribe approved 
     under this subsection.
       ``(C) If the Secretary determines that an Indian tribe is 
     not in compliance with a tribal energy resource agreement 
     approved under this subsection, the Secretary shall take such 
     action as is necessary to compel compliance, including--
       ``(i) suspending a lease, business agreement, or right-of-
     way under this section until an Indian tribe is in compliance 
     with the approved tribal energy resource agreement; and
       ``(ii) rescinding approval of the tribal energy resource 
     agreement and reassuming the responsibility for approval of 
     any future leases, business agreements, or rights-of-way 
     described in subsections (a) and (b).
       ``(D) If the Secretary seeks to compel compliance of an 
     Indian tribe with an approved tribal energy resource 
     agreement under subparagraph (C)(ii), the Secretary shall--
       ``(i) make a written determination that describes the 
     manner in which the tribal energy resource agreement has been 
     violated;
       ``(ii) provide the Indian tribe with a written notice of 
     the violation together with the written determination; and
       ``(iii) before taking any action described in subparagraph 
     (C)(ii) or seeking any other remedy, provide the Indian tribe 
     with a hearing and a reasonable opportunity to attain 
     compliance with the tribal energy resource agreement.
       ``(E) An Indian tribe described in subparagraph (D) shall 
     retain all rights to appeal as provided in regulations 
     promulgated by the Secretary.
       ``(F) Any decision of the Secretary with respect to a 
     review or appeal described in this paragraph (7) shall 
     constitute a final agency action.
       ``(8) Not later than 180 days after the date of enactment 
     of the Indian Tribal Energy Development and Self-
     Determination Act of 2003, the Secretary shall promulgate 
     regulations that implement the provisions of this subsection, 
     including--
       ``(A) criteria to be used in determining the capacity of an 
     Indian tribe described in paragraph (2)(B)(i), including the 
     experience of the Indian tribe in managing natural resources 
     and financial and administrative resources available for use 
     by the Indian tribe in implementing the approved tribal 
     energy resource agreement of the Indian tribe; and
       ``(B) a process and requirements in accordance with which 
     an Indian tribe may--
       ``(i) voluntarily rescind an approved tribal energy 
     resource agreement approved by the Secretary under this 
     subsection; and
       ``(ii) return to the Secretary the responsibility to 
     approve any future leases, business agreements, and rights-
     of-way described in this subsection.
       ``(f) No Effect on Other Law.--Nothing in this section 
     affects the application of--
       ``(1) any Federal environmental law;
       ``(2) the Surface Mining Control and Reclamation Act of 
     1977 (30 U.S.C. 1201 et seq.); or
       ``(3) except as otherwise provided in this title, the 
     Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et 
     seq.).
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of the 
     Interior $2,000,000 for each of fiscal years 2004 through 
     2010 to make grants or provide other appropriate assistance 
     to Indian tribes to assist them in the implementation of any 
     tribal energy resource agreements entered into pursuant to 
     this section.
       ``(h) Expiration of Authority.--The authority of an Indian 
     tribe to enter into, or issue, leases, business agreements or 
     rights-of-way pursuant to this section, and the Secretary's 
     authority to approve tribal energy resource agreements 
     pursuant to this section, shall expire seven years after the 
     date of enactment of the Indian Energy Development and Self-
     Determination Act of 2003, unless reauthorized by a 
     subsequent Act of Congress.

     ``SEC. 2605. FEDERAL POWER MARKETING ADMINISTRATIONS.

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

     ``SEC. 2606. INDIAN MINERAL DEVELOPMENT REVIEW.

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

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

       ``(a) Study.--The Secretary of Energy, in coordination with 
     the Secretary of the Army and the Secretary, shall conduct a 
     study of the cost and feasibility of developing a 
     demonstration project that would use wind energy generated by 
     Indian tribes and hydropower generated by the Army Corps of 
     Engineers on the Missouri River to supply firming and 
     supplemental power to the Western Area Power Administration.
       ``(b) Scope of Study.--The study shall--
       ``(1) determine the feasibility of the blending of wind 
     energy and hydropower generated from the Missouri River dams 
     operated by the Army Corps of Engineers;
       ``(2) review historical purchase requirements and projected 
     purchase requirements for firming and the patterns of 
     availability and use of firming energy;

[[Page 14531]]

       ``(3) assess the wind energy resource potential on tribal 
     land and projected cost savings through a blend of wind and 
     hydropower over a 30-year period;
       ``(4) determine seasonal capacity needs and associated 
     transmission upgrades for integration of tribal wind 
     generation; and
       ``(5) include an independent tribal engineer as a study 
     team member.
       ``(c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and Secretary of the 
     Army shall submit to Congress a report that describes the 
     results of the study, including--
       ``(1) an analysis of the potential energy cost or benefits 
     to the customers of the Western Area Power Administration 
     through the blend of wind and hydropower;
       ``(2) an evaluation of whether a combined wind and 
     hydropower system can reduce reservoir fluctuation, enhance 
     efficient and reliable energy production, and provide 
     Missouri River management flexibility;
       ``(3) recommendations for a demonstration project that 
     could be carried out by the Western Area Power Administration 
     in partnership with an Indian tribal government or tribal 
     energy resource development organization to demonstrate the 
     feasibility and potential of using wind energy produced on 
     Indian land to supply firming energy to the Western Area 
     Power Administration or any other Federal power marketing 
     agency; and
       ``(4) an identification of--
       ``(A) the economic and environmental costs or benefits to 
     be realized through such a Federal-tribal partnership; and
       ``(B) the manner in which such a partnership could 
     contribute to the energy security of the United States.
       ``(d) Funding.--
       ``(1) There is authorized to be appropriated to carry out 
     this section $500,000, to remain available until expended.
       ``(2) Costs incurred by the Secretary in carrying out this 
     section shall be nonreimbursable.''.
       (b) Conforming Amendments.--The table of contents for the 
     Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended 
     by striking items relating to Title XXVI, and inserting:
``Sec. 2601. Definitions.
``Sec. 2602. Indian tribal energy resource development.
``Sec. 2603. Indian tribal energy resource regulation.
``Sec. 2604. Leases, business agreements, and rights-of-way involving 
              energy development or transmission.
``Sec. 2605. Federal Power Marketing Administrations.
``Sec. 2606. Indian mineral development review.
``Sec. 2607. Wind and hydropower feasibility study.
                                 ______
                                 
  SA 882. Mr. McCONNELL (for himself, Mrs. Feinstein, Mr. McCain, Mr. 
Akaka, Mr. Alexander, Mr. Allard, Mr. Allen, Mr. Bennett, Mr. Biden, 
Mr. Bingaman, Mrs. Boxer, Mr. Breaux, Mr. Brownback, Mr. Bunning, Mr. 
Chambliss, Mrs. Clinton, Mr. Coleman, Ms. Collins, Mr. Corzine, Mr. 
Daschle, Mr. Dayton, Mrs. Dole, Mr. Domenici, Mr. Durbin, Mr. Edwards, 
Mr. Feingold, Mr. Frist, Mr. Hagel, Mr.  Dorgan, Mr. Burns, Mr. Kohl, 
Mr. Harkin, Mrs. Hutchison, Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. 
Kyl, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mr. Lugar, 
Ms. Mikulski, Ms. Murkowski, Mrs. Murray, Mr. Nelson of Nebraska, Mr. 
Reid, Mr. Rockefeller, Mr. Santorum, Mr. Sarbanes, Mr. Schumer, Mr. 
Smith, Mr. Specter, Ms. Stabenow, Mr. Voinovich, Mr. Wyden, Mr. Graham 
of Florida, Mr. Baucus, and Mr. Campbell,) proposed an amendment to the 
bill S. 1215, to sanction the ruling Burmese military junta, to 
strengthen Burma's democratic foreces and support and recognize the 
National League of Democracy as the legitimate representative of the 
Burmese people, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Burmese Freedom and 
     Democracy Act of 2003''.

     SEC. 2. FINDINGS.

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

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

       (a) General Ban.--
       (1) In general.--Notwithstanding any other provision of 
     law, until such time as the President determines and 
     certifies to Congress that Burma has met the conditions 
     described in paragraph (3), no article may be imported into 
     the United States that is produced, mined, manufactured, 
     grown, or assembled in Burma.
       (2) Ban on imports from certain companies.--The import 
     restrictions contained in paragraph (1) shall apply to, among 
     other entities--
       (A) the SPDC, any ministry of the SPDC, a member of the 
     SPDC or an immediate family member of such member;
       (B) known narcotics traffickers from Burma or an immediate 
     family member of such narcotics trafficker;
       (C) the Union of Myanmar Economics Holdings Incorporated 
     (UMEHI) or any company in which the UMEHI has a fiduciary 
     interest;
       (D) the Myanmar Economic Corporation (MEC) or any company 
     in which the MEC has a fiduciary interest;
       (E) the Union Solidarity and Development Association 
     (USDA); and
       (F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
       (3) Conditions described.--The conditions described in this 
     paragraph are the following:
       (A) The SPDC has made substantial and measurable progress 
     to end violations of internationally recognized human rights 
     including rape, and the Secretary of State, after 
     consultation with the ILO Secretary General and relevant 
     nongovernmental organizations, reports to the appropriate 
     congressional committees that the SPDC no longer 
     systematically violates workers rights, including the use of 
     forced and child labor, and conscription of child-soldiers.
       (B) The SPDC has made measurable and substantial progress 
     toward implementing a democratic government including--
       (i) releasing all political prisoners;
       (ii) allowing freedom of speech and the press;
       (iii) allowing freedom of association;
       (iv) permitting the peaceful exercise of religion; and
       (v) bringing to a conclusion an agreement between the SPDC 
     and the democratic forces led by the NLD and Burma's ethnic 
     nationalities on the transfer of power to a civilian 
     government accountable to the Burmese people through 
     democratic elections under the rule of law.
       (C) Pursuant to the terms of section 706 of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228), Burma has not failed demonstrably to make 
     substantial efforts to adhere to its obligations

[[Page 14532]]

     under international counternarcotics agreements and to take 
     other effective counternarcotics measures, including the 
     arrest and extradition of all individuals under indictment in 
     the United States for narcotics trafficking, and concrete and 
     measurable actions to stem the flow of illicit drug money 
     into Burma's banking system and economic enterprises and to 
     stop the manufacture and export of methamphetamines.
       (4) Appropriate congressional committees.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means the Committees on Foreign Relations and Appropriations 
     of the Senate and the Committees on International Relations 
     and Appropriations of the House of Representatives.
       (b) Waiver Authorities.--
       (1) In general.--The President may waive the prohibitions 
     described in this section for any or all products imported 
     from Burma to the United States if the President determines 
     and notifies the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives 
     that to do so is in the national security interest of the 
     United States.
       (2) International obligations.--The President may waive any 
     provision of this Act found to be in violation of any 
     international obligations of the United States pursuant to 
     any final ruling relating to Burma under the dispute 
     settlement procedures of the World Trade Organization.

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

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

     SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

       The Secretary of the Treasury shall instruct the United 
     States executive director to each appropriate international 
     financial institution in which the United States 
     participates, to oppose, and vote against the extension by 
     such institution of any loan or financial or technical 
     assistance to Burma until such time as the conditions 
     described in section 3(a)(3) are met.

     SEC. 6. EXPANSION OF VISA BAN.

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

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

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

     SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

       (a) In General.--The President is authorized to use all 
     available resources to assist Burmese democracy activists 
     dedicated to nonviolent opposition to the regime in their 
     efforts to promote freedom, democracy, and human rights in 
     Burma, including a listing of constraints on such 
     programming.
       (b) Reports.--
       (1) First report.--Not later than 3 months after the date 
     of enactment of this Act, the Secretary of State shall 
     provide the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     comprehensive report on its short- and long-term programs and 
     activities to support democracy activists in Burma, including 
     a list of constraints on such programming.
       (2) Report on resources.--Not later than 6 months after the 
     date of enactment of this Act, the Secretary of State shall 
     provide the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives a 
     report identifying resources that will be necessary for the 
     reconstruction of Burma, after the SPDC is removed from 
     power, including--
       (A) the formation of democratic institutions;
       (B) establishing the rule of law;
       (C) establishing freedom of the press;
       (D) providing for the successful reintegration of military 
     officers and personnel into Burmese society; and
       (E) providing health, educational, and economic 
     development.
                                 ______
                                 
  SA 883. Mr. McCONNELL (for himself, Mr. Grassley, and Mr. Baucus) 
proposed an amendment to amendment SA 882 proposed by Mr. McConnell 
(for himself, Mrs. Feinstein, Mr. McCain, Mr. Akaka, Mr. Alexander, Mr. 
Allard, Mr. Allen, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mrs. Boxer, 
Mr. Breaux, Mr. Brownback, Mr. Bunning, Mr. Chambliss, Mrs. Clinton, 
Mr. Coleman, Ms. Collins, Mr. Corzine, Mr. Daschle, Mr. Dayton, Mrs. 
Dole, Mr. Domenici, Mr. Durbin, Mr. Edwards, Mr. Feingold, Mr. Frist, 
Mr. Hagel, Mr. Dorgan, Mr. Burns, Mr. Kohl, Mr. Harkin, Mrs. Hutchison, 
Mr. Jeffords, Mr. Kennedy, Mr. Kerry, Mr. Kyl, Mr. Lautenberg, Mr. 
Leahy, Mr. Levin, Mr. Lieberman, Mr. Lugar, Ms. Mikulski, Ms. 
Murkowski, Mrs. Murray, Mr. Nelson of Nebraska, Mr. Reid, Mr. 
Rockefeller, Mr. Santorum, Mr. Sarbanes, Mr. Schumer, Mr. Smith, Mr. 
Specter, Ms. Stabenow, Mr. Voinovich, Mr. Wyden, Mr. Graham of Florida, 
Mr. Baucus, and Mr. Campbell) to the bill S. 1215, to sanction the 
ruling Burmese military junta, to strengthen Burma's democratic forces 
and support and recognize the National League of Democracy as the 
legitimate representative of the Burmese people, and for other 
purposes; as follows:

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

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

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

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

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

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

     SEC. 9. DURATION OF SANCTIONS.

       (a) Termination by Request From Democratic Burma.--The 
     President may terminate any provision in this Act upon the 
     request of a democratically elected government in Burma, 
     provided that all the conditions in section 3(a)(3) have been 
     met.
       (b) Continuation of Import Sanctions.--
       (1) Expiration.--The import restrictions contained in 
     section 3(a)(1) shall expire 1

[[Page 14533]]

     year from the date of enactment of this Act unless renewed 
     under paragraph (2) of this section.
       (2) Resolution by congress.--The import restrictions 
     contained in section 3(a)(1) may be renewed annually for a 1-
     year period if, prior to the anniversary of the date of 
     enactment of this Act, and each year thereafter, a renewal 
     resolution is enacted into law in accordance with subsection 
     (c).
       (c) Renewal Resolutions.--
       (1) In general.--For purposes of this section, the term 
     ``renewal resolution'' means a joint resolution of the 2 
     Houses of Congress, the sole matter after the resolving 
     clause of which is as follows: ``That Congress approves the 
     renewal of the import restrictions contained in section 
     3(a)(1) of the Burmese Freedom and Democracy Act of 2003.''
       (2) Procedures.--
       (A) In general.--A renewal resolution--
       (i) may be introduced in either House of Congress by any 
     member of such House at any time within the 90-day period 
     before the expiration of the import restrictions contained in 
     section 3(a)(1); and
       (ii) the provisions of subparagraph (B) shall apply.
       (B) Expedited consideration.--The provisions of section 152 
     (b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 
     U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal 
     resolution under this Act as if such resolution were a 
     resolution described in section 152(a) of the Trade Act of 
     1974.
                                 ______
                                 
  SA 884. Mr. GRAHAM of Florida (for himself, Mrs. Feinstein, Ms. 
Cantwell, Mr. Wyden, Mr. Nelson of Florida, Mrs. Boxer, Mr. Lautenberg, 
Mr. Edwards, Mr. Kerry, Mrs. Murray, Mr. Lieberman, Mr. Akaka, Mr. 
Leahy, Ms. Snowe, Mr. Dodd, Mr. Chafee, Mrs. Dole, Mr. Kennedy, Mr. 
Corzine, and Ms. Collins) proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       Beginning on page 23, strike line 20 and all that follows 
     through page 25, line 8.
                                 ______
                                 
  SA 885. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title XI, add the following:

                       Subtitle I--Miscellaneous

     SEC. 1195. ENERGY SECURITY OF ISRAEL.

       (a) In General.--Notwithstanding any other provision of 
     law, the President may export oil to, or secure oil for, any 
     country pursuant to a bilateral international oil supply 
     agreement entered into by the United States with such nation 
     before June 25, 1979, or to any country pursuant to the 
     International Emergency Oil Sharing Plan of the International 
     Energy Agency.
       (b) Memorandum of Agreement.--The following agreements 
     shall be deemed to have entered into force by operation of 
     law and shall be deemed to have no termination date:
       (1) The agreement entitled ``Agreement amending and 
     extending the memorandum of agreement of June 22, 1979'', 
     entered into force November 13, 1994 (TIAS 12580).
       (2) The agreement entitled ``Agreement amending the 
     contingency implementing arrangements of October 17, 1980'', 
     entered into force June 27, 1995 (TIAS 12670).

                          ____________________