[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[Senate]
[Pages 14086-14091]
[From the U.S. Government Publishing Office, www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 990. Mr. KYL (for himself, Mr. Lugar, Mr. Lott, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill H.R. 
6, to ensure jobs for our future with secure, affordable, and reliable 
energy; as follows:

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

     SEC. 621. MEDICAL ISOTOPE PRODUCTION: NON-PROLIFERATION, 
                   ANTITERRORISM, AND RESOURCE REVIEW.

       (a) Definitions.--In this section:
       (b) Highly enriched uranium for medical isotope 
     productions.--The term ``highly enriched uranium for medical 
     isotope production'' means highly enriched uranium contained 
     in, or for use in, targets to be irradiated for the sole 
     purpose of producting medical isotopes.
       (2) Medical isotopes.--The term ``medical isotopes'' means 
     radioactive isotopes, including molybdenum-99, that are used 
     to produce radiopharmaceuticals for diagnostic or therapeutic 
     procedures on patients.
       (b) Study.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall enter into an 
     arrangement with the National Academy of Sciences for the 
     conduct of a study of issues associated with section 134 of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2160d), including 
     issues associated with the implementation of that section.
       (2) Contents.--The study shall include an analysis of--
       (A) the effectiveness to date of section 134 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2160d) in facilitating the 
     conversion of foreign reactor fuel and targets to low-
     enriched uranium, which reduces the risk that highly enriched 
     uranium will be diverted and stolen;
       (B) the degree to which isotope producers that rely on 
     United States highly enriched uranium are complying with the 
     intent of section 134 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2160d) to expeditiously convert targets to low-
     enriched uranium;
       (C) the adequacy of physical protection and material 
     control and accounting measures at foreign facilities that 
     receive United States highly enriched uranium for medical 
     isotope production, in comparison to Nuclear Regulatory 
     Commission regulations and Department administrative 
     requirements;
       (D) the likely consequences of an exemption of highly 
     enriched uranium exports for medical isotope production from 
     section 134(a) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d(a)) for--
       (i) United States efforts to eliminate highly enriched 
     uranium commerce worldwide through the support of the Reduced 
     Enrichment in Research and Test Reactors program; and
       (ii) other United States nonproliferation and antiterrorism 
     initiatives;
       (E) incentives that could supplement the incentives of 
     section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) to further encourage foreign medical isotope producers 
     to convert from highly enriched uranium to low-enriched 
     uranium;
       (F) whether implementation of section 134 of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2160d) has ever caused, or is 
     likely to cause, an interruption in the production and supply 
     of medical isotopes in needed quantities;
       (G) whether the United States supply of isotopes is 
     sufficiently diversified to withstand an interruption of 
     production from any 1 supplier, and, if not, what steps 
     should be taken to diversify United States supply; and
       (H) any other aspects of implementation of section 134 of 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2160d) that have 
     a bearing on Federal nonproliferation and antiterrorism laws 
     (including regulations) and policies.
       (3) Timing; consultation.--The National Academy of Sciences 
     study shall be--
       (A) conducted in full consultation with the Secretary of 
     State, the staff of the Reduced Enrichment in Research and 
     Test Reactors program at Argonne National Laboratory, and 
     other interested organizations and individuals with expertise 
     in nuclear nonproliferation; and
       (B) submitted to Congress not later than 18 months after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 991. Mr. ALLEN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

     SEC. 13__. STUDY OF FEASIBILITY AND EFFECTS OF NATURAL GAS-
                   ONLY LEASING.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     initiate a study of the feasibility and effects of offering a 
     natural gas-only option as part of lease sales held in 
     accordance with the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.).
       (b) Subjects of the Study.--The study under this section 
     shall include--
       (1) an examination of what constitutes gas, condensate, and 
     oil;
       (2) an examination of what constitutes the rights and 
     obligations of a lessee regarding condensate produced in 
     association with a natural gas-only lease; and
       (3) an analysis of the potential effects of offering a 
     natural gas-only option as part of a lease sale on--
       (A) natural gas supplies;
       (B) total hydrocarbon production; and
       (C) industry interest.
       (c) Report.--Not later than 1 year after the date of 
     initiation of the study under this section, the Secretary 
     shall submit to Congress a report on the findings, 
     conclusion, and recommendations of the study.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 992. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       Beginning on page 1, strike line 6 and all that follows 
     through page 2, line 3, and insert the following:
     Power Act (16 U.S.C. 824k(j)) is amended by striking 
     ``October 1, 1991'' and inserting ``April 1, 2005''.
                                 ______
                                 
  SA 993. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 10, Line 18, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       5. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       6. On page 11, strike lies 3-20
       7. On page 11, Line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''
       8. On page 11, Line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''
       19. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       10. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 994. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, To ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       On page 3, strike Line 18, and insert ``the consent of the 
     Governor and State Legislatures of all other states in the 
     Union''
                                 ______
                                 
  SA 995. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:
       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section l8(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert'' the ``the Governors of 
     all other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 7, Line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union,''
       5. On page 7, Line 18, replace ``State,'' with ``State.''
       6. On page 7, Lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i)
       7. On page 9, Line 13, strike ``without'' and replace with 
     ``with''
       8. On page 9, Line 14, strike ``with any State'' and 
     replace with ``with every State in the Union''
       9. On page 10, Line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       10. On page 10, Line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''
       11. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''
       12. On page 11, strike lines 3-20
       13. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       14. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 996. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

[[Page 14087]]


       1. On page 3, Line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union''
       2. On page 4, after ``and'' insert'' the ``the Governors of 
     all other States in the Union''
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union''
       4. On page 7, Line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union,''
       5. On page 7, Line 18, replace ``State,'' with ``State.''
       6. On page 7, Lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i)
       7. On page 9, Line 13, strike ``without'' and replace with 
     ``with''
       8. On page 9, Line 14, strike ``with any State'' and 
     replace with ``with every State in the Union''
       9. On page 10, Line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''
       10. On page 10, Line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''
       11. On page 10, Line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''
       12. On page 11, Line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''
       13. On page 11, Line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''
       14. On page 12, Line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''
       15. On page 12, Line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''
                                 ______
                                 
  SA 997. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       1. On page 3, line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section l8(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union with a coast''.
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union with a coast''.
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union with a coast''.
       4. On page 7, line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union with 
     a coast''.
       5. On page 7, line 18, replace ``State,'' with ``State.''
       6. On page 7, lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i).
       7. On page 9, line 13, strike ``without'' and replace with 
     ``with''.
       8. On page 9, line 14, strike ``with any State'' and 
     replace with ``with every State in the Union with a coast''.
       9. On page 10, line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''.
       10. On page 10, line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B)),''.
       11. On page 10, line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''.
       12. On page 11, line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       13. On page 11, line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       14. On page 12, line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''.
       15. On page 12, line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''.
                                 ______
                                 
  SA 998. Mr. CORZINE submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       1. On page 3, line 18-20, strike ``the consent of the 
     Governor of the State adjacent to the lease area, as 
     determined under section 18(i)(2)(B)(i),'' and replace with 
     ``the consent of the Governors and State Legislatures of all 
     other States in the Union with a coast''.
       2. On page 4, after ``and'' insert ``the Governors of all 
     other States in the Union with a coast''.
       3. On page 5, line 17, after ``any'' insert ``time and with 
     the consent of all other States in the Union with a coast''.
       4. On page 7, line 14, strike ``may'' and replace with 
     ``may, with the consent of all other States in the Union with 
     a coast''.
       5. On page 7, line 18, replace ``State,'' with ``State.''
       6. On page 7, lines 18-20, strike ``in accordance with the 
     lateral boundaries delineated under paragraph (2)(B)(i).
       7. On page 9, line 13, strike ``without'' and replace with 
     ``with''.
       8. On page 9, line 14, strike ``with any State'' and 
     replace with ``with every State with a coast''.
       9. On page 10, line 16, strike ``20 miles'' and replace 
     with ``4,000'' miles''.
       10. On page 10, line 17, strike ``(or the boundaries of the 
     State as delineated under paragraph (2)(B))''.
       11. On page 10, line 25, strike ``20 miles'' and replace 
     with ``4,000 miles''.
       12. On page 11, line 9, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       13. On page 11, line 14, strike ``25 percent'' and replace 
     with ``0.1 percent''.
       14. On page 12, line 2, strike ``12.5 percent'' and replace 
     with ``0.1 percent''.
       15. On page 12, line 4, strike ``$1,250,000,000'' and 
     replace with ``$500,000''.
                                 ______
                                 
  SA 999. Mr. COCHRAN submitted an amendment intended to be proposed by 
him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       Beginning on page 1, strike line 7: ``April 1, 2005'', and 
     insert ``October 1, 1991.''
                                 ______
                                 
  SA 1000. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 6, to ensure jobs for our future with 
secure, affordable, and reliable energy; which was ordered to lie on 
the table; as follows:

       On page 12, strike line 16 and insert the following:
       ``(5) Moratoria opt out requirements.--Any State with a 
     legislative outer Continental Shelf moratorium on leasing, 
     pre-leasing, and related activities protecting Federal waters 
     adjoining the coastline of the State through the 
     congressional appropriations process as of January 1, 2002, 
     may opt out of the moratorium after the date of enactment of 
     the Energy Policy Act of 2005 with respect to any portion of 
     the coastal waters of the State only with--
       ``(A) the explicit concurrence of the Governor of the State 
     and the State legislature and the Governors and State 
     legislatures of the 2 coastal States adjoining the State; and
       ``(B) the concurrence of the Regional Fishery Management 
     Council with jurisdiction over the living marine resources in 
     Federal waters adjacent to the affected State.
       ``(6) Use of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subsection, any amount derived from lease bonuses or 
     royalty payments under this subsection conveyed to States and 
     political subdivisions of any producing State or any other 
     State, shall only be used for mitigation measures and 
     environmental restoration projects that--
       ``(i) have been subject to comprehensive review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) ; and
       ``(ii) specifically repair and restore the adverse physical 
     and pollution impacts of onshore and offshore oil and gas 
     facilities, transportation facilities, and related operations 
     associated with Federal offshore oil and gas leasing, 
     exploration, and development activities.
       ``(B) Limitation.--No funds made available to States or 
     political subdivisions under this or any related revenue-
     sharing subsection may be used for--
       ``(i) the construction, design, or permitting ofindustrial 
     infrastructure projects; or
       ``(ii) projects that further harm the coastal zone of the 
     affected State or any adjoining State or adjacent offshore 
     waters.
       ``(7) Liability.--
       ``(A) In general.--The State subject to an approved 
     petition under this subsection shall be liable for any 
     damages to coastal natural resources and ecosystems of 
     adjoining or nearby States resulting from offshore oil and 
     gas leasing, exploration, development, or transportation 
     activities conducted in any Federal or State portion of the 
     area of the outer Continental Shelf made available for 
     leasing under this subsection.
       ``(B) Indemnification.--The United States may not indemnify 
     a State from liability under this subsection.
       ``(8) Application.--This subsection shall not
                                 ______
                                 
  SA 1001. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 6, to ensure jobs for our future with secure, 
affordable, and reliable energy; which was ordered to lie on the table; 
as follows:

       On page 159, after line 23, add the following:

     SEC. 211. WASTE-DERIVED ETHANOL AND BIODIESEL.

       Section 312(f)(1) of the Energy Policy Act of 1992 (42 
     U.S.C. 13220(f)(1)) is amended--
       (1) by striking ```biodiesel' means'' and inserting the 
     following: ```biodiesel'--
       ``(A) means''; and
       (2) in subparagraph (A) (as designated by paragraph (1)) by 
     striking ``and'' at the end and inserting the following:
       ``(B) includes ethanol and biodiesel derived from--
       ``(i) animal wastes, including poultry fats and poultry 
     wastes, and other waste materials; or
       ``(ii) municipal solid waste and sludges and oils derived 
     from wastewater and the treatment of wastewater; and''.
                                 ______
                                 
  SA 1002. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related

[[Page 14088]]

agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Notwithstanding any other provision of this Act, 
     each amount provided by this Act is reduced by 1.7 percent.
                                 ______
                                 
  SA 1003. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Any limitation, directive, or earmarking contained 
     in either the House or Senate report must also be included in 
     the conference report in order to be considered as having 
     been approved by both Houses of Congress.
                                 ______
                                 
  SA 1004. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2361, making appropriations for the Department of 
the Interior, environment, and related agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 233, line 9, strike ``126,264,000'' and insert 
     ``121,264,000''.
       On page 130, line 24, strike ``766,564,000'' and insert 
     ``771,564,000''.
                                 ______
                                 
  SA 1005. Mr. CRAIG (for Mr. Domenici (for himself and Mr. Bingaman)) 
proposed an amendment to the bill H.R. 6, to ensure jobs for our future 
with secure, affordable, and reliable energy; as follows:
       At the end of subtitle H of title II, add the following:

     SEC. 2__. ENERGY POLICY AND CONSERVATION TECHNICAL 
                   CORRECTION.

       Section 609(c)(4) of the Public Utility Regulatory Policies 
     Act of 1978 (as added by section 291) is amended by striking 
     ``of 1954 (42 U.S.C. 6303)'' and inserting ``(42 U.S.C. 
     6303(d))''.
                                 ______
                                 
  SA 1006. Mr. CRAIG (for Mr. Vitter) proposed an amendment to the bill 
H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       On page 755, after line 25, insert the following:

     SEC. 13__. SCIENCE STUDY ON CUMULATIVE IMPACTS OF MULTIPLE 
                   OFFSHORE LIQUEFIED NATURAL GAS FACILITIES.

       (a) In General.--The Secretary (in consultation with the 
     National Oceanic Atmospheric Administration, the Commandant 
     of the Coast Guard, affected recreational and commercial 
     fishing industries and affected energy and transportation 
     stakeholders) shall carry out a study and compile existing 
     science (including studies and data) to determine the risks 
     or benefits presented by cumulative impacts of multiple 
     offshore liquefied natural gas facilities reasonably assumed 
     to be constructed in an area of the Gulf of Mexico using the 
     open-rack vaporization system.
       (b) Accuracy.--In carrying out subsection (a), the 
     Secretary shall verify the accuracy of available science and 
     develop a science-based evaluation of significant short-term 
     and long-term cumulative impacts, both adverse and 
     beneficial, of multiple offshore liquefied natural gas 
     facilities reasonably assumed to be constructed in an area of 
     the Gulf of Mexico using or proposing the open-rack 
     vaporization system on the fisheries and marine populations 
     in the vicinity of the facility.
                                 ______
                                 
  SA 1007. Mr. CRAIG (for Mr. Byrd) proposed an amendment to the bill 
H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       Beginning on page 328, strike line 13 and all that follows 
     through page 337, line 6, and insert the following:

                Subtitle A--Clean Coal Power Initiative

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Clean Coal Power Initiative.--There is authorized to be 
     appropriated to the Secretary to carry out the activities 
     authorized by this subtitle $200,000,000 for each of fiscal 
     years 2006 through 2012, to remain available until expended.
       (b) Report.--Not later than March 31, 2006, the Secretary 
     shall submit to Congress a report that includes a 10-year 
     plan containing--
       (1) a detailed assessment of whether the aggregate 
     assistance levels provided under subsection (a) are the 
     appropriate assistance levels for the clean coal power 
     initiative;
       (2) a detailed description of how proposals for assistance 
     under the clean coal power initiative will be solicited and 
     evaluated, including a list of all activities expected to be 
     undertaken;
       (3) a detailed list of technical milestones for each coal 
     and related technology that will be pursued under the clean 
     coal power initiative; and
       (4) a detailed description of how the clean coal power 
     initiative will avoid problems enumerated in Government 
     Accountability Office reports on the Clean Coal Technology 
     Program of the Department, including problems that have 
     resulted in unspent funds and projects that failed either 
     financially or scientifically.

     SEC. 402. PROJECT CRITERIA.

       (a) In General.--To be eligible to receive assistance under 
     this subtitle, a project shall advance efficiency, 
     environmental performance, and cost competitiveness well 
     beyond the level of technologies that are in commercial 
     service or have been demonstrated on a scale that the 
     Secretary determines is sufficient to demonstrate that 
     commercial service is viable as of the date of enactment of 
     this Act.
       (b) Technical Criteria for Clean Coal Power Initiative.--
       (1) Gasification projects.--
       (A) In General.--In allocating the funds made available 
     under section 401(a), the Secretary shall ensure that at 
     least 80 percent of the funds are used only to fund projects 
     on coal-based gasification technologies, including--
       (i) gasification combined cycle;
       (ii) gasification fuel cells and turbine combined cycle;
       (iii) gasification coproduction; and
       (iv) hybrid gasification and combustion.
       (B) Technical milestones.--
       (i) Periodic determination.--

       (I) In general.--The Secretary shall periodically set 
     technical milestones specifying the emission and thermal 
     efficiency levels that coal gasification projects under this 
     subtitle shall be designed, and reasonably expected, to 
     achieve.
       (II) Prescriptive milestones.--The technical milestones 
     shall become more prescriptive during the period of the clean 
     coal power initiative.

       (ii) 2020 goals.--The Secretary shall establish the 
     periodic milestones so as to achieve by the year 2020 coal 
     gasification projects able--

       (I) to remove at least 99 percent of sulfur dioxide;
       (II) to emit not more than .05 lbs of NOx per 
     million Btu;
       (III) to achieve at least 95 percent reductions in mercury 
     emissions; and
       (IV) to achieve a thermal efficiency of at least--

       (aa) 50 percent for coal of more than 9,000 Btu;
       (bb) 48 percent for coal of 7,000 to 9,000 Btu; and
       (cc) 46 percent for coal of less than 7,000 Btu.
       (2) Other projects.--
       (A) Allocation of funds.--The Secretary shall ensure that 
     up to 20 percent of the funds made available under section 
     401(a) are used to fund projects other than those described 
     in paragraph (1).
       (B) Technical milestones.--
       (i) Periodic determination.--

       (I) In general.--The Secretary shall periodically establish 
     technical milestones specifying the emission and thermal 
     efficiency levels that projects funded under this paragraph 
     shall be designed, and reasonably expected, to achieve.
       (II) Prescriptive milestones.--The technical milestones 
     shall become more prescriptive during the period of the clean 
     coal power initiative.

       (ii) 2020 goals.--The Secretary shall set the periodic 
     milestones so as to achieve by the year 2020 projects able--

       (I) to remove at least 97 percent of sulfur dioxide;
       (II) to emit no more than .08 lbs of NOx per 
     million Btu;
       (III) to achieve at least 90 percent reductions in mercury 
     emissions; and
       (IV) to achieve a thermal efficiency of at least--

       (aa) 43 percent for coal of more than 9,000 Btu;
       (bb) 41 percent for coal of 7,000 to 9,000 Btu; and
       (cc) 39 percent for coal of less than 7,000 Btu.
       (3) Consultation.--Before setting the technical milestones 
     under paragraphs (1)(B) and (2)(B), the Secretary shall 
     consult with--
       (A) the Administrator of the Environmental Protection 
     Agency; and
       (B) interested entities, including--
       (i) coal producers;
       (ii) industries using coal;
       (iii) organizations that promote coal or advanced coal 
     technologies;
       (iv) environmental organizations;
       (v) organizations representing workers; and
       (vi) organizations representing consumers.
       (4) Existing units.--In the case of projects at units in 
     existence on the date of enactment of this Act, in lieu of 
     the thermal efficiency requirements described in paragraphs 
     (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be 
     designed to achieve an overall

[[Page 14089]]

     thermal design efficiency improvement, compared to the 
     efficiency of the unit as operated, of not less than--
       (A) 7 percent for coal of more than 9,000 Btu;
       (B) 6 percent for coal of 7,000 to 9,000 Btu; or
       (C) 4 percent for coal of less than 7,000 Btu.
       (5) Administration.--
       (A) Elevation of site.--In evaluating project proposals to 
     achieve thermal efficiency levels established under 
     paragraphs (1)(B)(i) and (2)(B)(i) and in determining 
     progress towards thermal efficiency milestones under 
     paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the 
     Secretary shall take into account and make adjustments for 
     the elevation of the site at which a project is proposed to 
     be constructed.
       (B) Applicability of milestones.--The thermal efficiency 
     milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), 
     and (4) shall not apply to projects that separate and capture 
     at least 50 percent of the potential emissions of carbon 
     dioxide by a facility.
       (C) Permitted uses.--In carrying out this section, the 
     Secretary shall give high priority to projects that include, 
     as part of the project--
       (i) the separation or capture of carbon dioxide; or
       (ii) the reduction of the demand for natural gas if 
     deployed.
       (c) Financial Criteria.--The Secretary shall not provide 
     financial assistance under this subtitle for a project unless 
     the recipient documents to the satisfaction of the Secretary 
     that--
       (1) the recipient is financially responsible;
       (2) the recipient will provide sufficient information to 
     the Secretary to enable the Secretary to ensure that the 
     funds are spent efficiently and effectively; and
       (3) a market exists for the technology being demonstrated 
     or applied, as evidenced by statements of interest in writing 
     from potential purchasers of the technology.
       (d) Financial Assistance.--The Secretary shall provide 
     financial assistance to projects that, as determined by the 
     Secretary--
       (1) meet the requirements of subsections (a), (b), and (c); 
     and
       (2) are likely--
       (A) to achieve overall cost reductions in the use of coal 
     to generate useful forms of energy or chemical feedstocks;
       (B) to improve the competitiveness of coal among various 
     forms of energy in order to maintain a diversity of fuel 
     choices in the United States to meet electricity generation 
     requirements; and
       (C) to demonstrate methods and equipment that are 
     applicable to 25 percent of the electricity generating 
     facilities, using various types of coal, that use coal as the 
     primary feedstock as of the date of enactment of this Act.
       (e) Cost-Sharing.--In carrying out this subtitle, the 
     Secretary shall require cost sharing in accordance with 
     section 1002.
       (f) Scheduled Completion of Selected Projects.--
       (1) In general.--In selecting a project for financial 
     assistance under this section, the Secretary shall establish 
     a reasonable period of time during which the owner or 
     operator of the project shall complete the construction or 
     demonstration phase of the project, as the Secretary 
     determines to be appropriate.
       (2) Condition of financial assistance.--The Secretary shall 
     require as a condition of receipt of any financial assistance 
     under this subtitle that the recipient of the assistance 
     enter into an agreement with the Secretary not to request an 
     extension of the time period established for the project by 
     the Secretary under paragraph (1).
       (3) Extension of time period.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     may extend the time period established under paragraph (1) if 
     the Secretary determines, in the sole discretion of the 
     Secretary, that the owner or operator of the project cannot 
     complete the construction or demonstration phase of the 
     project within the time period due to circumstances beyond 
     the control of the owner or operator.
       (B) Limitation.--The Secretary shall not extend a time 
     period under subparagraph (A) by more than 4 years.
       (g) Fee Title.--The Secretary may vest fee title or other 
     property interests acquired under cost-share clean coal power 
     initiative agreements under this subtitle in any entity, 
     including the United States.
       (h) Data Protection.--For a period not exceeding 5 years 
     after completion of the operations phase of a cooperative 
     agreement, the Secretary may provide appropriate protections 
     (including exemptions from subchapter II of chapter 5 of 
     title 5, United States Code) against the dissemination of 
     information that--
       (1) results from demonstration activities carried out under 
     the clean coal power initiative program; and
       (2) would be a trade secret or commercial or financial 
     information that is privileged or confidential if the 
     information had been obtained from and first produced by a 
     non-Federal party participating in a clean coal power 
     initiative project.
       (i) Applicability.--No technology, or level of emission 
     reduction, solely by reason of the use of the technology, or 
     the achievement of the emission reduction, by 1 or more 
     facilities receiving assistance under this Act, shall be 
     considered to be--
       (1) adequately demonstrated for purposes of section 111 of 
     the Clean Air Act (42 U.S.C. 7411);
       (2) achievable for purposes of section 169 of that Act (42 
     U.S.C. 7479); or
       (3) achievable in practice for purposes of section 171 of 
     that Act (42 U.S.C. 7501).
                                 ______
                                 
  SA 1008. Mr. CRAIG (for Ms. Cantwell) proposed an amendment to the 
bill H.R. 6, to ensure jobs for our future with secure, affordable, and 
reliable energy; as follows:

       On page 696, lines 24 and 25, strike ``unlawful on the 
     grounds that it is unjust and unreasonable'' and insert ``not 
     permitted under a rate schedule (or contract under such a 
     schedule) or is otherwise unlawful on the grounds that the 
     contract is unjust and unreasonable or contrary to the public 
     interest''.
                                 ______
                                 
  SA 1009. Mr. CRAIG (for Mr. Grassley (for himself and Mr. Baucus) 
proposed an amendment to the bill H.R. 6, to ensure jobs for our future 
with secure, affordable, and reliable energy; as follows:

       On page 12 (of title XV as agreed to), after line 23, add 
     the following:

     SEC. __. APPLICATION OF SECTION 45 CREDIT TO AGRICULTURAL 
                   COOPERATIVES.

       (a) In General.--Section 45(e) (relating to definitions and 
     special rules), as amended by this Act, is amended by adding 
     at the end the following:
       ``(11) Allocation of credit to patrons of agricultural 
     cooperative.--
       ``(A) Election to allocate.--
       ``(i) In general.--In the case of an eligible cooperative 
     organization, any portion of the credit determined under 
     subsection (a) for the taxable year may, at the election of 
     the organization, be apportioned among patrons of the 
     organization on the basis of the amount of business done by 
     the patrons during the taxable year.
       ``(ii) Form and effect of election.--An election under 
     clause (i) for any taxable year shall be made on a timely 
     filed return for such year. Such election, once made, shall 
     be irrevocable for such taxable year.
       ``(B) Treatment of organizations and patrons.--The amount 
     of the credit apportioned to any patrons under subparagraph 
     (A)--
       ``(i) shall not be included in the amount determined under 
     subsection (a) with respect to the organization for the 
     taxable year, and
       ``(ii) shall be included in the amount determined under 
     subsection (a) for the taxable year of the patrons with or 
     within which the taxable year of the organization ends.
       ``(C) Special rules for decrease in credits for taxable 
     year.--If the amount of the credit of a cooperative 
     organization determined under subsection (a) for a taxable 
     year is less than the amount of such credit shown on the 
     return of the cooperative organization for such year, an 
     amount equal to the excess of--
       ``(i) such reduction, over
       ``(ii) the amount not apportioned to such patrons under 
     subparagraph (A) for the taxable year, shall be treated as an 
     increase in tax imposed by this chapter on the organization. 
     Such increase shall not be treated as tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under this subpart or subpart A, B, E, or G.
       ``(D) Eligible cooperative defined.--For purposes of this 
     section the term `eligible cooperative' means a cooperative 
     organization described in section 1381(a) which is owned more 
     than 50 percent by agricultural producers or by entities 
     owned by agricultural producers. For this purpose an entity 
     owned by an agricultural producer is one that is more than 50 
     percent owned by agricultural producers.
       ``(E) Written notice to patrons.--If any portion of the 
     credit available under subsection (a) is allocated to patrons 
     under subparagraph (A), the eligible cooperative shall 
     provide any patron receiving an allocation written notice of 
     the amount of the allocation. Such notice shall be provided 
     before the date on which the return described in subparagraph 
     (B)(ii) is due.''.

     SEC. __. EXPANSION OF RESOURCES TO WAVE, CURRENT, TIDAL, AND 
                   OCEAN THERMAL ENERGY.

       (a) In General.--Section 45(c)(1) (defining qualified 
     energy resources), as amended by this Act, is amended by 
     striking ``and'' at the end of subparagraph (H), by striking 
     the period at the end of subparagraph (I) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(J) wave, current, tidal, and ocean thermal energy.''
       (b) Definition of Resources.--Section 45(c), as amended by 
     this Act, is amended by adding at the end the following new 
     paragraph:
       ``(9) Wave, current, tidal, and ocean thermal energy.--The 
     term `wave, current, tidal, and ocean thermal energy' means 
     electricity produced from any of the following:
       ``(A) Free flowing ocean water derived from tidal currents, 
     ocean currents, waves, or estuary currents.

[[Page 14090]]

       ``(B) Ocean thermal energy.
       ``(C) Free flowing water in rivers, lakes, man made 
     channels, or streams.''
       (c) Facilities.--Section 45(d), as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(11) Wave, current, tidal, and ocean thermal facility.--
     In the case of a facility using resources described in 
     subparagraph (A), (B), or (C) of subsection (c)(9) to produce 
     electricity, the term `qualified facility' means any facility 
     owned by the taxpayer which is originally placed in service 
     after the date of the enactment of this paragraph and before 
     January 1, 2009, but such term shall not include a facility 
     which includes impoundment structures or a small irrigation 
     power facility.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.
       On page 35 (of title XV as agreed to), strike lines 10 
     through 16, and insert the following:
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application meeting the 
     requirements of subparagraph (B). An applicant may only 
     submit an application during the 3-year period beginning on 
     the date the Secretary establishes the program under 
     paragraph (1).
       ``(B) Requirements for applications for certification.--An 
     application under subparagraph (A) shall contain such 
     information as the Secretary may require in order to make a 
     determination to accept or reject an application for 
     certification as meeting the requirements under subsection 
     (e)(1). Any information contained in the application shall be 
     protected as provided in section 552(b)(4) of title 5, United 
     States Code.
       ``(C) Time to act upon applications for certification.--The 
     Secretary shall issue a determination as to whether an 
     applicant has met the requirements under subsection (e)(1) 
     within 60 days following the date of submittal of the 
     application for certification.
       ``(D) Time to meet criteria for certification.--Each 
     applicant for certification shall have 2 years from the date 
     of acceptance by the Secretary of the application during 
     which to provide to the Secretary evidence that the criteria 
     set forth in subsection (e)(2) have been met.
       ``(E) Period of issuance.--An applicant which receives a 
     certification shall have 5 years from the date of issuance of 
     the certification in order to place the project in service 
     and if such project is not placed in service by that time 
     period then the certification shall no longer be valid.''.
       On page 36 (of title XV as agreed to), strike lines 14 
     through 23.
       On page 36 (of title XV as agreed to), line 24, strike 
     ``(6)'' and insert ``(5)''.
       On page 37 (of title XV as agreed to), line 16, strike 
     ``commitment''.
       On page 37 (of title XV as agreed to), line 17, strike 
     ``(e)(4)(B)'' and insert ``paragraph (2)''.
       On page 37 (of title XV as agreed to), line 19, strike 
     ``(f)(2)(B)(ii)'' and insert ``paragraph (2)(D)''.
       On page 37 (of title XV as agreed to), line 20, strike 
     ``commitment''.
       On page 37 (of title XV as agreed to), between lines 22 and 
     23, insert the following:
       ``(C) Reallocation.--If the Secretary determines that 
     megawatts under clause (i) or (ii) of paragraph (3)(B) are 
     available for reallocation pursuant to the requirements set 
     forth in paragraph (2), the Secretary is authorized to 
     conduct an additional program for applications for 
     certification.''.
       On page 38 (of title XV as agreed to), line 7, strike ``or 
     polygeneration''.
       On page 38 (of title XV as agreed to), beginning with line 
     13 strike all through page 39, line 25, and insert the 
     following:
       ``(C) the project, consisting of one or more electric 
     generation units at one site, will have a total nameplate 
     generating capacity of at least 400 megawatts;
       ``(D) the applicant demonstrates that there is a letter of 
     intent signed by an officer of an entity willing to purchase 
     the majority of the output of the project or signed by an 
     officer of a utility indicating that the electricity capacity 
     addition is consistent with that utility's integrated 
     resource plan as approved by the regulatory or governing body 
     that oversees electricity capacity allocations of the 
     utility;
       ``(E) there is evidence of ownership or control of a site 
     of sufficient size to allow the proposed project to be 
     constructed and to operate on a long-term basis; and
       ``(F) the project will be located in the United States.
       ``(2) Requirements for certification.--For the purpose of 
     subsection (d)(2)(D), a project shall be eligible for 
     certification only if the Secretary determines that--
       ``(A) the applicant for certification has received all 
     Federal and State environmental authorizations or reviews 
     necessary to commence construction of the project; and
       ``(B) the applicant for certification, except in the case 
     of a retrofit or repower of an existing electric generation 
     unit, has purchased or entered into a binding contract for 
     the purchase of the main steam turbine or turbines for the 
     project, except that such contract may be contingent upon 
     receipt of a certification under subsection (d)(2).''.
       On page 40 (of title XV as agreed to), strike ``(2)'' and 
     insert ``(3)''.
       On page 40 (of title XV as agreed to), line 4, strike 
     ``subsection (d)(3)(B)(i)'' and insert ``subsection (d)(2)''.
       On page 40 (of title XV as agreed to), line 5, strike 
     ``certify capacity'' and insert ``certify capacity, in 
     accordance with the procedures set forth in subsection (d), 
     in relatively equal amounts''.
       On page 40 (of title XV as agreed to), beginning with line 
     19, strike all through page 42, line 6.
       On page 42 (of title XV as agreed to), line 18, strike 
     ``the vendor warrants that''.
       On page 44 (of title XV as agreed to), after line 25, 
     insert the following:
       ``(h) Applicability.--No use of technology (or level of 
     emission reduction solely by reason of the use of the 
     technology), and no achievement of any emission reduction by 
     the demonstration of any technology or performance level, by 
     or at one or more facilities with respect to which a credit 
     is allowed under this section, shall be considered to 
     indicate that the technology or performance level is--
       ``(1) adequately demonstrated for purposes of section 111 
     of the Clean Air Act (42 U.S. C. 7411);
       ``(2) achievable for purposes of section 169 of that Act 
     (42 U.S. C. 7479); or
       ``(3) achievable in practice for purposes of section 171 of 
     such Act (42 U.S.C. 7501).
       On page 155 (of title XV as agreed to), line 13, strike 
     ``2010'' and insert ``2012''.
       On page 186 (of title XV as agreed to), line 2, insert ``or 
     any mixture of biodiesel (as defined in section 40A(d)(1)) 
     and diesel fuel (as defined in section 4083(a)(3)), 
     determined without regard to any use of kerosene and 
     containing at least 20 percent biodiesel'' after 
     ``hydrogen''.
       Beginning on page 211 (of title XV as agreed to), line 16, 
     strike all through page 212, line 17, and insert the 
     following:
       ``(b) Limitation.--The amount allowable as a credit under 
     subsection (a) with respect to any qualified recycling 
     equipment shall not exceed--
       ``(1) in the case of such equipment described in subsection 
     (c)(1)(A)(i), 15 percent of the cost of such equipment, and
       ``(2) in the case of such equipment described in subsection 
     (c)(1)(A)(ii), 15 percent of so much of the cost of each 
     piece of equipment as exceeds $400,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified recycling equipment.--
       ``(A) In general.--The term `qualified recycling equipment' 
     means equipment, including connecting piping--
       ``(i) employed in sorting or processing residential and 
     commercial qualified recyclable materials described in 
     paragraph (2)(A) for the purpose of converting such materials 
     for use in manufacturing tangible consumer products, 
     including packaging, or
       ``(ii) the primary purpose of which is the shredding and 
     processing of qualified recyclable materials described in 
     paragraph (2)(B).
       ``(B) Equipment at commercial or public venues included.--
     For purposes of subparagraph (A)(i), such term includes 
     equipment which is utilized at commercial or public venues, 
     including recycling collection centers, where the equipment 
     is utilized to sort or process qualified recyclable materials 
     for such purpose.
       ``(C) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport recyclable materials.
       ``(2) Qualified recyclable materials.--The term `qualified 
     recyclable materials' means--
       ``(A) any packaging or printed material which is glass, 
     paper, plastic, steel, or aluminum, and
       ``(B) any electronic waste (including any cathode ray tube, 
     flat panel screen, or similar video display device with a 
     screen size greater than 4 inches measured diagonally, or a 
     central processing unit),
     generated by an individual or business and which has been 
     separated from solid waste for the purposes of collection and 
     recycling.
       On page 215 (of title XV as agreed to), line 23, strike 
     ``for any'' and insert ``during any''.
       On page 230 (of title XV as agreed to), between lines 2 and 
     3, insert the following:

     SEC. __. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR 
                   DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT 
                   DEVICES.

       (a) In General.--Section 168(e)(3)(A) (defining 3-year 
     property) is amended by striking ``and'' at the end of clause 
     (ii), by striking the period at the end of clause (iii) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(iv) any qualified energy management device.''.
       (b) Definition of Qualified Energy Management Device.--
     Section 168(i) (relating to definitions and special rules), 
     as amended by this Act, is amended by inserting at the end 
     the following new paragraph:
       ``(18) Qualified energy management device.--
       ``(A) In general.--The term `qualified energy management 
     device' means any energy management device--
       ``(1) which is placed in service before January 1, 2008, by 
     a taxpayer who is a supplier of

[[Page 14091]]

     electric energy or a provider of electric energy services,
       ``(2) the original use of which commences with the 
     taxpayer, and
       ``(3) the purchase of which is subject to a binding 
     contract entered into after June 23, 2005, but only if there 
     was no written binding contract entered into on or before 
     such date.
       ``(B) Energy management device.--For purposes of 
     subparagraph (A), the term `energy management device' means 
     any meter or metering device which is used by the taxpayer--
       ``(i) to measure and record electricity usage data on a 
     time-differentiated basis in at least 4 separate time 
     segments per day, and
       ``(ii) to provide such data on at least a monthly basis to 
     both consumers and the taxpayer.''.
       (c) Alternative System.--The table contained in section 
     168(g)(3)(B) is amended by inserting after the item relating 
     to subparagraph (A)(iii) the following:
``(A)(iv).........................................................20''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2005, in taxable years ending after such date.

     SEC. __. EXCEPTION FROM VOLUME CAP FOR CERTAIN COOLING 
                   FACILITIES.

       (a) In General.--Section 146 (relating to volume cap) is 
     amended by redesignating subsections (i) through (n) as 
     subsections (j) through (o), respectively, and by inserting 
     after subsection (h) the following:
       ``(i) Exception for facilities used to cool structures with 
     ocean water, etc..--
       ``(1) In general.--Only for purposes of this section, the 
     term `private activity bond' shall not include any exempt 
     facility bond described in section 142(a)(9) which is issued 
     as part of an issue to finance any project which is designed 
     to access deep water renewable thermal energy for district 
     cooling to provide building air conditioning (including any 
     distribution piping, pumping, and chiller facilities).
       ``(2) Limitation.--Paragraph (1) shall apply only to bonds 
     issued as part of an issue the aggregate authorized face 
     amount of which is not more than $75,000,000 with respect to 
     any project described in such paragraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to projects placed in service after the date of 
     enactment of this Act and before July 1, 2008.
       On page 6 (of Senate amendment number 933 as modified and 
     agreed to), line 12, strike ``(i)'' and insert ``(iii)''.
       On page 6 (of Senate amendment number 933 as modified and 
     agreed to), line 18, strike the last period and insert ``, 
     and''.
       On page 232 (of title XV as agreed to), line 22, strike 
     ``(iii)'' and insert ``(iv)''.
       On page 255 (of title XV as agreed to), line 6, strike 
     ``2007'' and insert ``2006''.
       On page 256 (of title XV as agreed to), strike lines 3 
     through 15, and insert the following:
       (b) No Exemptions From Tax Except for Exports.--
       (1) In general.--Section 4082(a) (relating to exemptions 
     for diesel fuel and kerosene) is amended by inserting 
     ``(other than such tax at the Leaking Underground Storage 
     Tank Trust Fund financing rate imposed in all cases other 
     than for export)'' after ``section 4081''.
       (2) Amendments relating to section 4041.--
       (A) Subsections (a)(1)(B), (a)(2)(A), and (c)(2) of section 
     4041 are each amended by inserting ``(other than such tax at 
     the Leaking Underground Storage Tank Trust Fund financing 
     rate)'' after ``section 4081''.
       (B) Section 4041(b)(1)(A) is amended by striking ``or 
     (d)(1))''.
       (C) Section 4041(d) is amended by adding at the end the 
     following new paragraph:
       ``(5) Nonapplication of exemptions other than for 
     exports.--For purposes of this section, the tax imposed under 
     this subsection shall be determined without regard to 
     subsections (f), (g) (other than with respect to any sale for 
     export under paragraph (3) thereof), (h), and (l).''.
       (3) No refund.--
       (A) In general.--Subchapter B of chapter 65 is amended by 
     adding at the end the following new section:

     ``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND 
                   STORAGE TANK TRUST FUND FINANCING RATE.

       ``No refunds, credits, or payments shall be made under this 
     subchapter for any tax imposed at the Leaking Underground 
     Storage Tank Trust Fund financing rate, except in the case of 
     fuels destined for export.''.
       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 65 is amended by adding at the end 
     the following new item:
``Sec. 6430. Treatment of tax imposed at Leaking Underground Storage 
              Tank Trust Fund financing rate.
       On page 257 (of title XV as agreed to), strike lines 7 
     through 10, and insert the following:
       (2) No exemption.--The amendments made by subsection (b) 
     shall apply to fuel entered, removed, or sold after September 
     30, 2005.
       On page 257 (of title XV as agreed to), after line 11, add 
     the following:

     SEC. 1573. TIRE EXCISE TAX MODIFICATION.

       (a) In General.--Section 4071(a) (relating to imposition 
     and rate of tax) is amended by inserting ``8.0 cents in the 
     case of a'' before ``super single tire''.
       (b) Definition of Super Single Tire.--Section 4072(e) 
     (defining super single tire) is amended by striking ``13 
     inches'' and inserting ``17.5 inches''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales after September 30, 2005.

                          ____________________