[Congressional Record (Bound Edition), Volume 151 (2005), Part 9]
[Senate]
[Pages 12766-12768]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 784. Ms. CANTWELL (for herself, Mrs. Feinstein, Mr. Reid, and Mr. 
Durbin) proposed an amendment to the bill H.R. 6, Reserved; as follows:

       Beginning on page 120, strike line 23 and all that follows 
     through page 122, line 14, and insert the following:

     SEC. 151. REDUCTION OF DEPENDENCE ON IMPORTED PETROLEUM.

       (a) Findings.--Congress finds that--
       (1) based on the reports of the Energy Information 
     Administration entitled ``Annual Energy Outlook 2005'' and 
     ``May 2005 Monthly Energy Review''--
       (A) during the period beginning January 1, 2005, and ending 
     April 30, 2005, the United States imported an estimated 
     average of 13,056,000 barrels of oil per day; and
       (B) the United States is projected to import 19,110,000 
     barrels of oil per day in 2025;
       (2) technology solutions already exist to dramatically 
     increase the productivity of the United States energy supply;
       (3) energy efficiency and conservation measures can improve 
     the economic competitiveness of the United States and lessen 
     energy costs for families in the United States;
       (4) United States dependence on foreign energy imports 
     leaves the United States vulnerable to energy supply shocks 
     and reliant on the willingness of other countries to provide 
     sufficient supplies of oil;
       (5) while only 3 percent of proven oil reserves are located 
     in territory controlled by the United States, advances in 
     fossil fuel extraction techniques and technologies could 
     increase United States energy supplies; and
       (6) reducing energy consumption also benefits the United 
     States by lowering the environmental impacts associated with 
     fossil fuel use.
       (b) Goal.--It is a goal of the United States to reduce by 
     40 percent the amount of foreign oil projected to be imported 
     during calendar year 2025 in the reference case contained in 
     the report of the Energy Information Administration entitled 
     ``Annual Energy Outlook 2005''.
       (c) Measures To Reduce Import Dependence.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every two years thereafter, the 
     President shall--
       (A) develop and implement measures to reduce dependence on 
     foreign petroleum imports of the United States by reducing 
     petroleum in end-uses throughout the economy of the United 
     States sufficient to reduce total demand for petroleum in the 
     United States by 1,000,000 barrels per day from the amount 
     projected for calendar year 2015; and
       (B)(i) subject to clause (ii), develop and implement 
     measures to reduce dependence on foreign petroleum imports of 
     the United States by reducing petroleum in end-uses 
     throughout the economy of the United States sufficient to 
     reduce total demand for petroleum in the United States by 
     7,640,000 barrels per day from the amount projected for 
     calendar year 2025.
       (ii) If the President determines that there are 
     insufficient legal authorities to achieve the target for 
     calendar year 2025 in clause (i), the President shall develop 
     and implement measures that will reduce dependence on foreign 
     petroleum imports of the United States by reducing petroleum 
     in end-uses throughout the economy of the United States to 
     the maximum extent practicable and shall submit to Congress 
     proposed legislation or other recommendations to achieve the 
     target.
       (2) Requirements.--In developing measures under paragraph 
     (1), the President shall--
       (A) ensure continued reliable and affordable energy for the 
     United States, consistent with the creation of jobs and 
     economic growth and maintaining the international 
     competitiveness of United States businesses, including the 
     manufacturing sector; and
       (B) implement measures under paragraph (1) under existing 
     authorities of the appropriate Federal agencies, as 
     determined by the President.
       (3) Projections.--The projections for total demand for 
     petroleum in the United States under paragraph (1) shall be 
     those contained in the Reference Case in the report of the 
     Energy Information Administration entitled ``Annual Energy 
     Outlook 2005''.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the President 
     shall submit to Congress a report, based on the most recent 
     edition of the Annual Energy Outlook published by the Energy 
     Information Administration, assessing the progress made by 
     the United States toward the goal of reducing dependence on 
     imported petroleum sources by 2025.
       (2) Contents.--The report under paragraph (1) shall--
       (A) identify the status of efforts to meet the goal 
     described in subsection (b);
       (B) assess the effectiveness of any measure implemented 
     under subsection (c) during the previous fiscal year in 
     meeting the goal described in subsection (b); and
       (C) describe plans to develop additional measures to meet 
     the goal.
                                 ______
                                 
  SA 785. Mr. FRIST (for Ms. Murkowski) submitted an amendment intended 
to be proposed by Mr. Frist to the bill H.R. 6, Reserved; which was 
ordered to lie on the table; as follows:

       On page 49, between lines 4 and 5, insert the following:

     SEC. 12__. YOUTH ENERGY CONSERVATION CORPS.

       (a) Purposes.--The purposes of this section are to--
       (1) provide a local, low-cost source of labor for energy 
     conservation projects;
       (2) allow service and conservation corps to enter into 
     agreements with the Department to carry out projects to 
     increase energy efficiency in communities of the United 
     States, particularly low-income communities;
       (3) offer young people, ages 16 through 25, particularly 
     those who are at-risk or economically disadvantaged, the 
     opportunity to gain productive employment and experience in 
     the field of energy conservation; and
       (4) give those young people the opportunity to serve their 
     communities and to participate in energy conservation 
     activities in their communities.

[[Page 12767]]

       (b) Definitions.--In this section:
       (1) Alaska native corporation.--The term ``Alaska Native 
     Corporation'' means a Regional Corporation or Village 
     Corporation, as those terms are defined in section 3 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1602).
       (2) Corps.--The term ``Corps'' means the Youth Energy 
     Conservation Corps established under subsection (c).
       (3) Hawaiian home lands.--The term ``Hawaiian home lands'' 
     has the meaning given the term in section 203 of Public Law 
     91-378 (16 U.S.C. 1722).
       (4) Indian lands.--The term ``Indian lands'' has the 
     meaning given the term in section 203 of Public Law 91-378 
     (16 U.S.C. 1722).
       (5) Service and conservation corps.--The term ``service and 
     conservation corps'' means any organization established by a 
     State or local government, nonprofit organization, Indian 
     tribe, or Alaska Native Corporation that--
       (A) has a research-validated demonstrable capability to use 
     the corps model to provide productive work to individuals;
       (B) gives participants a combination of work experience, 
     basic and life skills, education, training, and support 
     services;
       (C) provides participants with the opportunity to develop 
     citizenship values through service to their communities and 
     the United States; and
       (D) is accredited by a national or regional body with 
     expertise in service and conservation corps.
       (6) State.--The term ``State'' means--
       (A) each of the several States of the United States;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands;
       (G) the Federated States of Micronesia;
       (H) the Republic of the Marshall Islands;
       (I) the Republic of Palau; and
       (J) the United States Virgin Islands.
       (c) Establishment.--There is established a Youth Energy 
     Conservation Corps.
       (d) Participants.--The Corps shall consist of young adults 
     who are enrolled as members of a service or conservation 
     corps covered by a contract or cooperative agreement entered 
     into under subsection (e).
       (e) Contracts or Agreements.--The Secretary may enter into 
     contracts or cooperative agreements directly with--
       (1) any service or conservation corps to carry out a 
     project described in subsection (f); or
       (2) a department of energy of any State that has entered 
     into a contract or cooperative agreement with a service or 
     conservation corps to carry out an energy conservation 
     project described in subsection (f).
       (f) Authorized Projects.--For purposes of this section, an 
     authorized project is an energy conservation project 
     authorized under section 801 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287).
       (g) Priority Projects.--In entering into a contract or 
     cooperative agreement under subsection (e), the Secretary 
     shall give priority to projects that will--
       (1) result in the most energy conservation;
       (2) result in training for a career in the energy 
     conservation industry;
       (3) instill in members of the corps a work ethic and sense 
     of personal responsibility;
       (4) be labor intensive; and
       (5) be planned and initiated promptly.
       (h) Supportive Services.--The Secretary may provide to the 
     Corps such services as the Secretary considers necessary to 
     carry out this section, including technical assistance, 
     oversight, monitoring, and evaluation to or for--
       (1) State departments of energy (or equivalent agencies);
       (2) service and conservation corps;
       (3) in the case of Indian lands, the applicable Indian 
     tribe;
       (4) in the case of Hawaiian home lands, the applicable 
     State agency in the State of Hawaii; and
       (5) in the case of land under the jurisdiction of an Alaska 
     Native Corporation, the applicable Alaska Native Corporation.
       (i) Other Uses of Funds.--Funds made available under this 
     section may be used to support implementation, monitoring, 
     training, technical assistance, and administrative work of 
     service and conservation corps covered by a contract or 
     cooperative agreement entered into under subsection (e).
       (j) Nondisplacement.--The nondisplacement requirements of 
     section 177(b) of the National and Community Service Act of 
     1990 (42 U.S.C. 12637(b)) shall apply to activities carried 
     out under this section.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 786. Mr. FRIST (for Ms. Murkowski) submitted an amendment intended 
to be proposed by Mr. Frist to the bill H.R. 6, Reserved; which was 
ordered to lie on the table; as follows:

       On page 130, line 24, insert ``ocean (tidal, wave, current, 
     and thermal),'' after ``wind,''.
       On page 134, line 3, insert ``ocean (tidal, wave, current, 
     and thermal),'' after ``biomass,''.
                                 ______
                                 
  SA 787. Mr. FRIST (for Ms. Murkowski) submitted an amendment intended 
to be proposed by Mr. Frist to the bill H.R. 6, Reserved; which was 
ordered to lie on the table; as follows:

       On page 131, lines 18 and 19, strike ``or an Indian tribal 
     government or subdivision thereof,'' and insert ``an Indian 
     tribal government or subdivision thereof, or a Native 
     Corporation (as defined in section 3 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1602)),''.
                                 ______
                                 
  SA 788. Mr. DeWine (for himself, Mr. Kohl, Mr. Specter, Mr. Leahy, 
Mr. Grassley, Mr. Feingold, Mr. Coburn, Mr. Levin, Ms. Snowe, Mrs. 
Boxer, and Mr. Dayton) submitted an amendment intended to be proposed 
by him to the bill H.R. 6, Reserved; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO OIL PRODUCING AND EXPORTING CARTELS.

       (a) Short Title.--This section may be cited as the ``No Oil 
     Producing and Exporting Cartels Act of 2005'' or ``NOPEC''.
       (b) Sherman Act.--The Sherman Act (15 U.S.C. 1 et seq.) is 
     amended by adding after section 7 the following:

     ``SEC. 7A. OIL PRODUCING CARTELS.

       ``(a) In General.--It shall be illegal and a violation of 
     this Act for any foreign state, or any instrumentality or 
     agent of any foreign state, to act collectively or in 
     combination with any other foreign state, any instrumentality 
     or agent of any other foreign state, or any other person, 
     whether by cartel or any other association or form of 
     cooperation or joint action--
       ``(1) to limit the production or distribution of oil, 
     natural gas, or any other petroleum product;
       ``(2) to set or maintain the price of oil, natural gas, or 
     any petroleum product; or
       ``(3) to otherwise take any action in restraint of trade 
     for oil, natural gas, or any petroleum product;

     when such action, combination, or collective action has a 
     direct, substantial, and reasonably foreseeable effect on the 
     market, supply, price, or distribution of oil, natural gas, 
     or other petroleum product in the United States.
       ``(b) Sovereign Immunity.--A foreign state engaged in 
     conduct in violation of subsection (a) shall not be immune 
     under the doctrine of sovereign immunity from the 
     jurisdiction or judgments of the courts of the United States 
     in any action brought to enforce this section.
       ``(c) Inapplicability of Act of State Doctrine.--No court 
     of the United States shall decline, based on the act of state 
     doctrine, to make a determination on the merits in an action 
     brought under this section.
       ``(d) Enforcement.--The Attorney General of the United 
     States and the Federal Trade Commission may bring an action 
     to enforce this section in any district court of the United 
     States as provided under the antitrust laws.''.
       (c) Sovereign Immunity.--Section 1605(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``or'' after the 
     semicolon;
       (2) in paragraph (7), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following:
       ``(8) in which the action is brought under section 7A of 
     the Sherman Act.''.
                                 ______
                                 
  SA 789. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 6, Reserved; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXCLUSION FOR CERTAIN FUEL COSTS OF RURAL COMMUTERS.

       (a) In General.--Section 132(f)(1) (defining qualified 
     transportation fringe) is amended by adding at the end the 
     following new subparagraph:
       ``(D) In the case of an eligible rural commuter, the cost 
     of fuel for a highway vehicle of the taxpayer the primary 
     purpose of which is to travel between the taxpayer's 
     residence and place of employment.''.
       (b) Limitation on Exclusion.--Section 132(f)(2) (relating 
     to limitation on exclusion) is amended by striking ``and'' at 
     the end of subparagraph (A), by striking the period at the 
     end of subparagraph (B) and inserting ``, and'', and by 
     adding at the end the following new subparagraph:
       ``(C) $50 per month in the case of the benefit described in 
     subparagraph (D).''.
       (c) Eligible Rural Commuter.--Section 132(f)(5) (relating 
     to definitions) is amended by adding at the end the following 
     new subparagraph:
       ``(F) Eligible rural commuter.--The term `eligible rural 
     commuter' means any employee--
       ``(i) who resides in a rural area (as defined by the Bureau 
     of the Census),

[[Page 12768]]

       ``(ii) who works in an area which is not accessible by a 
     transit system designed primarily to provide daily work trips 
     within a local commuting area, and
       ``(iii) who is not be eligible to claim any qualified 
     transportation fringe described in subparagraph (A) or (B) of 
     paragraph (1).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to expenses incurred on and after the date of the 
     enactment of this Act and before January 1, 2006.

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