[Congressional Record (Bound Edition), Volume 154 (2008), Part 7]
[Senate]
[Pages 10189-10193]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4805. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


  sense of senate on provision of tactical and utility helicopters to 
support the united nations-african union peacekeeping mission in darfur

       Sec. __.  It is the sense of the Senate that all efforts 
     should be made to expedite any lease, transfer, or 
     acquisition of tactical and utility helicopters to support 
     the United Nations-African Union peacekeeping mission in 
     Darfur, Sudan, as provided in section 1411 of this Act.
                                 ______
                                 
  SA 4806. Mr. CORKER (for himself, Mr. Bingaman, Mr. Harkin, Mr. 
Menendez, Mr. Martinez, Mr. Nelson of Florida, and Mr. Dodd) submitted 
an amendment intended to be proposed by him to the bill H.R. 2642, 
making appropriations for military construction, the Department of 
Veterans Affairs, and related agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  It is the sense of the Senate that, of the funds 
     made available by this Act to carry out title II of the 
     Agricultural Trade Development and Assistance Act of 1954 (7 
     U.S.C. 1721 et seq.), for the 180-day period beginning on the 
     date of enactment of this Act, $60,000,000 should be made 
     available to respond to the emergency food assistance needs 
     of Haiti.
                                 ______
                                 
  SA 4807. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE __--DOMESTIC FUELS SECURITY

     SECTION __01. SHORT TITLE.

       This title may be cited as the ``Gas Petroleum Refiner 
     Improvement and Community Empowerment Act'' or ``Gas PRICE 
     Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Coal-to-liquid.--The term ``coal-to-liquid'' means--
       (A) with respect to a process or technology, the use of a 
     feedstock, the majority of which is derived from the coal 
     resources of the United States, using the class of reactions 
     known as Fischer-Tropsch, to produce synthetic fuel suitable 
     for transportation; and
       (B) with respect to a facility, the portion of a facility 
     related to producing the inputs for the Fischer-Tropsch 
     process, or the finished fuel from the Fischer-Tropsch 
     process, using a feedstock that is primarily domestic coal at 
     the Fischer-Tropsch facility.
       (3) Domestic fuels facility.--
       (A) In general.--The term ``domestic fuels facility'' 
     means--
       (i) a coal liquification or coal-to-liquid facility at 
     which coal is processed into synthetic crude oil or any other 
     transportation fuel;
       (ii) a facility that produces a renewable fuel (as defined 
     in section 211(o)(1) of the Clean Air Act (42 U.S.C. 
     7545(o)(1))); and
       (iii) a facility at which crude oil is refined into 
     transportation fuel or other petroleum products.
       (B) Inclusion.--The term ``domestic fuels facility'' 
     includes a domestic fuels facility expansion.
       (4) Domestic fuels facility expansion.--The term ``domestic 
     fuels facility expansion'' means a physical change in a 
     domestic fuels facility that results in an increase in the 
     capacity of the domestic fuels facility.
       (5) Domestic fuels facility permitting agreement.--The term 
     ``domestic fuels facility permitting agreement'' means an 
     agreement entered into between the Administrator and a State 
     or Indian tribe under subsection (b).
       (6) Domestic fuels producer.--The term ``domestic fuels 
     producer'' means an individual or entity that--
       (A) owns or operates a domestic fuels facility; or
       (B) seeks to become an owner or operator of a domestic 
     fuels facility.
       (7) Indian land.--The term ``Indian land'' has the meaning 
     given the term ``Indian lands'' in section 3 of the Native 
     American Business Development, Trade Promotion, and Tourism 
     Act of 2000 (25 U.S.C. 4302).
       (8) Indian tribe.--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).
       (9) Permit.--The term ``permit'' means any permit, license, 
     approval, variance, or other form of authorization that a 
     refiner is required to obtain--
       (A) under any Federal law; or
       (B) from a State or Indian tribal government agency 
     delegated with authority by the Federal Government, or 
     authorized under Federal law to issue permits.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

    Subtitle A--Collaborative Permitting Process for Domestic Fuels 
                               Facilities

     SEC. __11. COLLABORATIVE PERMITTING PROCESS FOR DOMESTIC 
                   FUELS FACILITIES.

       (a) In General.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a domestic fuels facility permitting 
     agreement with the State or Indian tribe under which the 
     process for obtaining all permits necessary for the 
     construction and operation of a domestic fuels facility shall 
     be improved using a systematic interdisciplinary multimedia 
     approach as provided in this section.
       (b) Authority of Administrator.--Under a domestic fuels 
     facility permitting agreement--
       (1) the Administrator shall have authority, as applicable 
     and necessary, to--
       (A) accept from a refiner a consolidated application for 
     all permits that the domestic fuels producer is required to 
     obtain to construct and operate a domestic fuels facility;
       (B) establish a schedule under which each Federal, State, 
     or Indian tribal government agency that is required to make 
     any determination to authorize the issuance of a permit 
     shall--
       (i) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (ii) complete each step in the permitting process; and
       (C) issue a consolidated permit that combines all permits 
     that the domestic fuels producer is required to obtain; and
       (2) the Administrator shall provide to State and Indian 
     tribal government agencies--
       (A) financial assistance in such amounts as the agencies 
     reasonably require to hire such additional personnel as are 
     necessary to enable the government agencies to comply with 
     the applicable schedule established under paragraph (1)(B); 
     and
       (B) technical, legal, and other assistance in complying 
     with the domestic fuels facility permitting agreement.
       (c) Agreement by the State.--Under a domestic fuels 
     facility permitting agreement, a State or governing body of 
     an Indian tribe shall agree that--
       (1) the Administrator shall have each of the authorities 
     described in subsection (b); and
       (2) each State or Indian tribal government agency shall--
       (A) make such structural and operational changes in the 
     agencies as are necessary to enable the agencies to carry out 
     consolidated project-wide permit reviews concurrently and in 
     coordination with the Environmental Protection Agency and 
     other Federal agencies; and
       (B) comply, to the maximum extent practicable, with the 
     applicable schedule established under subsection (b)(1)(B).
       (d) Interdisciplinary Approach.--
       (1) In general.--The Administrator and a State or governing 
     body of an Indian tribe shall incorporate an 
     interdisciplinary approach, to the maximum extent 
     practicable,

[[Page 10190]]

     in the development, review, and approval of domestic fuels 
     facility permits subject to this section.
       (2) Options.--Among other options, the interdisciplinary 
     approach may include use of--
       (A) environmental management practices; and
       (B) third party contractors.
       (e) Deadlines.--
       (1) New domestic fuels facilities.--In the case of a 
     consolidated permit for the construction of a new domestic 
     fuels facility, the Administrator and the State or governing 
     body of an Indian tribe shall approve or disapprove the 
     consolidated permit not later than--
       (A) 360 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 90 days 
     after the expiration of the deadline established under 
     subparagraph (A).
       (2) Expansion of existing domestic fuels facilities.--In 
     the case of a consolidated permit for the expansion of an 
     existing domestic fuels facility, the Administrator and the 
     State or governing body of an Indian tribe shall approve or 
     disapprove the consolidated permit not later than--
       (A) 120 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (B) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 30 days 
     after the expiration of the deadline established under 
     subparagraph (A).
       (f) Federal Agencies.--Each Federal agency that is required 
     to make any determination to authorize the issuance of a 
     permit shall comply with the applicable schedule established 
     under subsection (b)(1)(B).
       (g) Judicial Review.--Any civil action for review of any 
     determination of any Federal, State, or Indian tribal 
     government agency in a permitting process conducted under a 
     domestic fuels facility permitting agreement brought by any 
     individual or entity shall be brought exclusively in the 
     United States district court for the district in which the 
     domestic fuels facility is located or proposed to be located.
       (h) Efficient Permit Review.--In order to reduce the 
     duplication of procedures, the Administrator shall use State 
     permitting and monitoring procedures to satisfy substantially 
     equivalent Federal requirements under this section.
       (i) Severability.--If 1 or more permits that are required 
     for the construction or operation of a domestic fuels 
     facility are not approved on or before any deadline 
     established under subsection (e), the Administrator may issue 
     a consolidated permit that combines all other permits that 
     the domestic fuels producer is required to obtain other than 
     any permits that are not approved.
       (j) Savings.--Nothing in this section affects the operation 
     or implementation of otherwise applicable law regarding 
     permits necessary for the construction and operation of a 
     domestic fuels facility.
       (k) Consultation With Local Governments.--Congress 
     encourages the Administrator, States, and tribal governments 
     to consult, to the maximum extent practicable, with local 
     governments in carrying out this section.
       (l) Effect on Local Authority.--Nothing in this section 
     affects--
       (1) the authority of a local government with respect to the 
     issuance of permits; or
       (2) any requirement or ordinance of a local government 
     (such as zoning regulations).

      Subtitle B--Environmental Analysis of Fischer-Tropsch Fuels

     SEC. __21. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL 
                   AS AN EMISSION CONTROL STRATEGY.

       (a) In General.--In cooperation with the Secretary of 
     Energy, the Secretary of Defense, the Administrator of the 
     Federal Aviation Administration, Secretary of Health and 
     Human Services, and Fischer-Tropsch industry representatives, 
     the Administrator shall--
       (1) conduct a research and demonstration program to 
     evaluate the air quality benefits of ultra-clean Fischer-
     Tropsch transportation fuel, including diesel and jet fuel;
       (2) evaluate the use of ultra-clean Fischer-Tropsch 
     transportation fuel as a mechanism for reducing engine 
     exhaust emissions; and
       (3) submit recommendations to Congress on the most 
     effective use and associated benefits of these ultra-clean 
     fuels for reducing public exposure to exhaust emissions.
       (b) Guidance and Technical Support.--The Administrator 
     shall, to the extent necessary, issue any guidance or 
     technical support documents that would facilitate the 
     effective use and associated benefit of Fischer-Tropsch fuel 
     and blends.
       (c) Requirements.--The program described in subsection (a) 
     shall consider--
       (1) the use of neat (100 percent) Fischer-Tropsch fuel and 
     blends with conventional crude oil-derived fuel for heavy-
     duty and light-duty diesel engines and the aviation sector; 
     and
       (2) the production costs associated with domestic 
     production of those ultra clean fuel and prices for 
     consumers.
       (d) Reports.--The Administrator shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives--
       (1) not later than 180 days after the date of enactment of 
     this Act, an interim report on actions taken to carry out 
     this section; and
       (2) not later than 1 year after the date of enactment of 
     this Act, a final report on actions taken to carry out this 
     section.

Subtitle C--Domestic Coal-to-Liquid Fuel and Cellulosic Biomass Ethanol

     SEC. __31. ECONOMIC DEVELOPMENT ASSISTANCE TO SUPPORT 
                   COMMERCIAL-SCALE CELLULOSIC BIOMASS ETHANOL 
                   PROJECTS AND COAL-TO-LIQUIDS FACILITIES ON BRAC 
                   PROPERTY AND INDIAN LAND.

       (a) Priority.--Notwithstanding section 206 of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3146), 
     in awarding funds made available to carry out section 
     209(c)(1) of that Act (42 U.S.C. 3149(c)(1)) pursuant to 
     section 702 of that Act (42 U.S.C. 3232), the Secretary and 
     the Economic Development Administration shall give priority 
     to projects to support commercial-scale cellulosic biomass 
     ethanol projects and coal-to-liquids facilities.
       (b) Federal Share.--Except as provided in subsection 
     (c)(3)(B) and notwithstanding the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3121 et seq.), the Federal 
     share of a project to support a commercial-scale biomass 
     ethanol facility or coal-to-liquid facility shall be--
       (1) 80 percent of the project cost; or
       (2) for a project carried out on Indian land, 100 percent 
     of the project cost.
       (c) Additional Award.--
       (1) In general.--The Secretary shall make an additional 
     award in connection with a grant made to a recipient 
     (including any Indian tribe for use on Indian land) for a 
     project to support a commercial-scale biomass ethanol 
     facility or coal-to-liquid facility.
       (2) Amount.--The amount of an additional award shall be 10 
     percent of the amount of the grant for the project.
       (3) Use.--An additional award under this subsection shall 
     be used--
       (A) to carry out any eligible purpose under the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 3121 et 
     seq.);
       (B) notwithstanding section 204 of that Act (42 U.S.C. 
     3144), to pay up to 100 percent of the cost of an eligible 
     project or activity under that Act; or
       (C) to meet the non-Federal share requirements of that Act 
     or any other Act.
       (4) Non-federal source.--For the purpose of paragraph 
     (3)(C), an additional award shall be treated as funds from a 
     non-Federal source.
       (5) Funding.--The Secretary shall use to carry out this 
     subsection any amounts made available--
       (A) for economic development assistance programs; or
       (B) under section 702 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3232).

Subtitle D--Alternative Hydrocarbon and Renewable Reserves Disclosures 
                         Classification System

     SEC. __41. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES 
                   DISCLOSURES CLASSIFICATION SYSTEM.

       (a) In General.--The Securities and Exchange Commission 
     shall appoint a task force composed of government and private 
     sector representatives, including experts in the field of 
     dedicated energy crop feedstocks for cellulosic biofuels 
     production, to analyze, and submit to Congress a report 
     (including recommendations) on--
       (1) modernization of the hydrocarbon reserves disclosures 
     classification system of the Commission to reflect advances 
     in reserves recovery from nontraditional sources (such as 
     deep water, oil shale, tar sands, and renewable reserves for 
     cellulosic biofuels feedstocks); and
       (2) the creation of a renewable reserves classification 
     system for cellulosic biofuels feedstocks.
       (b) Deadline for Report.--The Commission shall submit the 
     report required under subsection (a) not later than 180 days 
     after the date of enactment of this Act.

              Subtitle E--Authorization of Appropriations

     SEC. __51. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title and the amendments made by 
     this title.
                                 ______
                                 
  SA 4808. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ASSISTANCE TO SMALL CRITICAL ACCESS HOSPITALS 
                   TRANSITIONING TO SKILLED NURSING FACILITIES.

       Section 1820(g) of the Social Security Act (42 U.S.C. 
     1395i-4(g)) is amended by adding at the end the following new 
     paragraph:

[[Page 10191]]

       ``(6) Critical access hospitals transitioning to skilled 
     nursing facilities.--
       ``(A) Grants.--The Secretary may award grants to eligible 
     critical access hospitals that have submitted applications in 
     accordance with subparagraph (B) for assisting such hospitals 
     in the transition to skilled nursing facilities.
       ``(B) Application.--An applicable critical access hospital 
     seeking a grant under this paragraph shall submit an 
     application to the Secretary on or before such date and in 
     such form and manner as the Secretary specifies.
       ``(C) Additional requirements.--The Secretary may not award 
     a grant under this paragraph to an eligible critical access 
     hospital unless--
       ``(i) local organizations or the State in which the 
     hospital is located provides matching funds; and
       ``(ii) the hospital provides assurances that it will 
     surrender critical access hospital status under this title 
     within 180 days of receiving the grant.
       ``(D) Amount of grant.--A grant to an eligible critical 
     access hospital under this paragraph may not exceed 
     $1,000,000.
       ``(E) Funding.--There are appropriated from the Federal 
     Hospital Insurance Trust Fund under section 1817 for making 
     grants under this paragraph, $5,000,000 for fiscal year 2008.
       ``(F) Eligible critical access hospital defined.--For 
     purposes of this paragraph, the term `eligible critical 
     access hospital' means a critical access hospital that has an 
     average daily acute census of less than 0.5 and an average 
     daily swing bed census of greater than 10.0.''.
                                 ______
                                 
  SA 4809. Mr. FEINGOLD (for himself, Mr. Leahy, Mr. Whitehouse, Mr. 
Durbin, Mr. Sanders, Mr. Lautenberg, Mrs. Boxer, Mr. Harkin, Mr. 
Menendez, and Mr. Reid) submitted an amendment intended to be proposed 
by him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


     safe redeployment of the united states armed forces from iraq

       Sec. __.  (a) Transition of Mission.--The President shall 
     promptly transition the mission of the United States Armed 
     Forces in Iraq to the limited and temporary purposes set 
     forth in subsection (d).
       (b) Commencement of Safe, Phased Redeployment From Iraq.--
     The President shall commence the safe, phased redeployment of 
     members of the United States Armed Forces from Iraq who are 
     not essential to the limited and temporary purposes set forth 
     in subsection (d). Such redeployment shall begin not later 
     than 90 days after the date of the enactment of this Act, and 
     shall be carried out in a manner that protects the safety and 
     security of United States troops.
       (c) Use of Funds.--No funds appropriated or otherwise made 
     available under this Act or any other provision of law may be 
     obligated or expended to continue the deployment in Iraq of 
     members of the United States Armed Forces after the date that 
     is nine months after the date of the enactment of this Act.
       (d) Exception for Limited and Temporary Purposes.--The 
     prohibition in subsection (c) shall not apply to the 
     obligation or expenditure of funds for the following limited 
     and temporary purposes:
       (1) To conduct targeted operations, limited in duration and 
     scope, against members of al Qaeda and affiliated 
     international terrorist organizations.
       (2) To provide security for United States Government 
     personnel and infrastructure.
       (3) To provide training to members of the Iraqi Security 
     Forces who have not been involved in sectarian violence or in 
     attacks upon the United States Armed Forces, provided that 
     such training does not involve members of the United States 
     Armed Forces taking part in combat operations or being 
     embedded with Iraqi forces.
       (4) To provide training, equipment, or other materiel to 
     members of the United States Armed Forces to ensure, 
     maintain, or improve their safety and security.
       (e) Use of Funds for Redeployment and for Health Care and 
     Housing for Members of the Armed Forces and Veterans.--
     Amounts that would, but for the limitation in subsection (c), 
     be available for obligation or expenditure for the continuing 
     deployment in Iraq of members of the United States Armed 
     Forces shall be obligated and expended instead solely as 
     follows:
       (1) By the Secretary of Defense, for the redeployment of 
     members of the United States Armed Forces as described in 
     subsection (b).
       (2) By the Secretary of Defense--
       (A) for programs and activities to maintain, enhance, and 
     improve military housing for members of the Armed Forces; and
       (B) for programs and activities to improve and enhance the 
     medical and dental care available to members of the Armed 
     Forces.
       (3) By the Secretary of Veterans Affairs for programs and 
     activities to improve the hospital care, medical care, and 
     other health care benefits and services available to 
     veterans.
                                 ______
                                 
  SA 4810. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, 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 law, the 
     $2,695,000 appropriated for the Charlotte Rapid Transit 
     Extension-Northeast Corridor Light Rail Project, NC under the 
     Alternatives Analysis Account in division K of the 
     Consolidated Appropriations Act, 2008 (Public Law 110-161) 
     shall be used for the Charlotte Rapid Transit Extension-
     Northeast Corridor to carry out new fixed guideway capital 
     projects or for extensions to existing fixed guideway capital 
     projects described in section 5309 of title 49, United States 
     Code.
                                 ______
                                 
  SA 4811. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


   preference on coordination with indigenous iraqi non-governmental 
    organizations in projects assisting internally displaced iraqis

       Sec. __.  Notwithstanding any other provision of law, the 
     Secretary of State and the Secretary of Defense shall ensure 
     in the allocation of all funds appropriated or otherwise made 
     available by this Act or any other Act for projects assisting 
     internally displaced Iraqis, including projects for 
     humanitarian assistance, training, capacity building, or 
     construction and repair of infrastructure directly affecting 
     the return or resettlement of displaced Iraqis, preference 
     shall be given to projects coordinated with indigenous Iraqi 
     non-governmental organizations.
                                 ______
                                 
  SA 4812. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2642, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

Provision of Project-Based Housing for Affordable Housing Units Damaged 
               or Destroyed by Hurricanes Katrina or Rita

       Pursuant to section 215 of title II of division K of Public 
     Law 110-161 (121 Stat. 2433), the Secretary of Housing and 
     Urban Development shall, not later than October 1, 2008, 
     promptly review and approve (A) any feasible proposal made by 
     the owner of a covered assisted multifamily housing project 
     submitted to the Secretary that provides for the 
     rehabilitation of such project and the resumption of use of 
     the project-based assistance under the contract for such 
     project or (B) the transfer, subject to the conditions 
     established under section 215(b) of title II of division K of 
     Public Law 110-161, of the contract for such covered assisted 
     multifamily housing project, or in the case of a covered 
     assisted multifamily housing project with an interest 
     reduction payments contract, of the remaining budget 
     authority under the contract, to a receiving project or 
     projects: Provided, the term ``covered assisted multifamily 
     housing project'' means housing that meets 1 of the 
     conditions established in section 215(c)(2) of title II of 
     division K of Public Law 110-161 and was damaged or destroyed 
     by Hurricanes Katrina or Rita of 2005 and is located in an 
     area in the State of Louisiana, Alabama and Mississippi that 
     was the subject of a disaster declaration by the President 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) in response 
     to Hurricane Katrina or Hurricane Rita of 2005: Provided 
     further, That the term ``project-based assistance'' has the 
     same meaning as in section 215(c)(3) of title II of division 
     K of Public Law 110-161: Provided further, That the term 
     ``receiving project or projects'' has the same meaning as in 
     section 215(c)(4) of title II of division K of Public Law 
     110-161.
                                 ______
                                 
  SA 4813. Mr. CASEY (for himself, Ms. Snowe, and Mr. Voinovich) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2642, making appropriations for military construction,

[[Page 10192]]

the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows;

       At the appropriate place, insert the following:
       Sec. __. (a) The Secretary of Agriculture shall use 
     $5,000,000 of the funds made available under section 32 of 
     the Act of August 24, 1935 (7 U.S.C. 612c), to provide 
     funding described in subsection (b) to eligible recipient 
     agencies to offset the costs of the agencies for intrastate 
     transportation, storage, and distribution of commodities made 
     available under section 202(a) of the Emergency Food 
     Assistance Act of 1983 (7 U.S.C. 7502(a)).
       (b) The Secretary shall provide funding described in 
     subsection (a) to an eligible recipient agency at a rate 
     equal to the lower of $0.05 per pound or $0.05 per dollar 
     value of commodities made available under section 202(a) of 
     the Emergency Food Assistance Act of 1983 (7 U.S.C. 7502(a)) 
     that are made available under that Act to, and accepted by, 
     the eligible recipient agency.
                                 ______
                                 
  SA 4814. Mr. BROWNBACK (for himself, Mr. Ensign, and Mr. Roberts) 
submitted an amendment intended to be proposed to amendment SA 4803 
proposed by Mr. Reid to the bill H.R. 2642, making appropriations for 
military construction, the Department of Veterans Affairs, and related 
agencies for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 31 of the amendment, strike line 17 and 
     all that follows through line 12 on page 35, and insert the 
     following:

     SEC. 1404. WAIVER OF CERTAIN SANCTIONS TO FACILITATE 
                   DENUCLEARIZATION ACTIVITIES IN NORTH KOREA.

       (a) Waiver Authority and Exceptions.--
       (1) Waiver authority.--Except as provided in paragraph (2), 
     the President may waive, in whole or in part, the application 
     of any sanction contained in subparagraph (A), (B), (D), or 
     (G) of section 102(b)(2) of the Arms Export Control Act (22 
     U.S.C. 2799aa-1(b)(2)) with respect to North Korea in order 
     to provide material, direct, and necessary assistance for 
     disablement, dismantlement, verification, and physical 
     removal activities in the implementation of the commitment of 
     North Korea, undertaken in the Joint Statement of September 
     19, 2005, to abandon all nuclear weapons and existing nuclear 
     programs as part of the verifiable denuclearization of the 
     Korean Peninsula.
       (2) Exceptions.--The waiver authority under paragraph (1) 
     may not be exercised with respect to the following:
       (A) Any export of lethal defense articles that would be 
     prevented by the application of section 102(b)(2)(B) of the 
     Arms Export Control Act.
       (B) Any sanction relating to credit or credit guarantees 
     contained in section 102(b)(2)(D) of the Arms Export Control 
     Act.
       (b) Certification Regarding Waiver of Certain Sanctions.--
     Assistance described in subparagraph (B) or (G) of section 
     102(b)(2) of the Arms Export Control Act (22 U.S.C. 2799aa-
     1(b)(2)) may be provided with respect to North Korea by 
     reason of the exercise of the waiver authority under 
     subsection (a) only if the President first determines and 
     certifies to the appropriate congressional committees that--
       (1) all necessary steps will be taken to ensure that the 
     assistance will not be used to improve the military 
     capabilities of the armed forces of North Korea; and
       (2) the exercise of the waiver authority is in the national 
     security interests of the United States.
       (c) Congressional Notification and Report.--
       (1) Notification.--The President shall notify the 
     appropriate congressional committees in writing not later 
     than 15 days before exercising the waiver authority under 
     subsection (a).
       (2) Report.--Not later than 60 days after the date of the 
     enactment of this Act, and annually thereafter for such time 
     during which the exercise of the waiver authority under 
     subsection (a) remains in effect, the President shall 
     transmit to the appropriate congressional committees a report 
     that--
       (A) describes in detail the progress that is being made in 
     the implementation of the commitment of North Korea described 
     in subsection (a);
       (B) describes in detail any failures, shortcomings, or 
     obstruction by North Korea with respect to the implementation 
     of the commitment of North Korea described in subsection (a);
       (C) describes in detail the progress or lack thereof in the 
     preceding 12-month period of all other programs promoting the 
     elimination of North Korea's capability to develop, deploy, 
     transfer, or maintain weapons of mass destruction or their 
     delivery systems; and
       (D) beginning with the second report required by this 
     subsection, a justification for the continuation of the 
     waiver exercised under subsection (a) and, if applicable, 
     subsection (b), for the fiscal year in which the report is 
     submitted.
       (d) Termination of Waiver Authority.--Any waiver in effect 
     by reason of the exercise of the waiver authority under 
     subsection (a) shall terminate if the President determines 
     that North Korea--
       (1)(A) on or after September 19, 2005, transferred to a 
     non-nuclear-weapon state, or received, a nuclear explosive 
     device; or
       (B) on or after October 10, 2006, detonated a nuclear 
     explosive device; or
       (2) on or after September 19, 2005--
       (A) transferred to a non-nuclear-weapon state any design 
     information or component which is determined by the President 
     to be important to, and known by North Korea to be intended 
     by the recipient state for use in, the development or 
     manufacture of any nuclear explosive device, or
       (B) sought and received any design information or component 
     which is determined by the President to be important to, and 
     intended by North Korea for use in, the development or 
     manufacture of any nuclear explosive device,
     unless the President determines and certifies to the 
     appropriate congressional committees that such waiver is 
     vital to the national security interests of the United 
     States.
       (e) Expiration of Waiver Authority.--Any waiver in effect 
     by reason of the exercise of the waiver authority under 
     subsection (a) shall terminate on the date that is 4 years 
     after the date of the enactment of this Act. The waiver 
     authority under subsection (a) may not be exercised beginning 
     on the date that is 3 years after the date of the enactment 
     of this Act.
       (f) Continuation of Restrictions Against the Government of 
     North Korea.--
       (1) In general.--Except as provided in subsection (a)(1), 
     restrictions against the Government of North Korea that were 
     imposed by reason of a determination of the Secretary of 
     State that North Korea is a state sponsor of terrorism shall 
     remain in effect, and shall not be lifted pursuant to the 
     provisions of law under which the determination was made, 
     unless the President certifies to the appropriate 
     congressional committees that--
       (A) the Government of North Korea is no longer engaged in 
     the transfer of technology related to the acquisition or 
     development of nuclear weapons, particularly to the 
     Governments of Iran, Syria, or any other country that is a 
     state sponsor of terrorism;
       (B) in accordance with the Six-Party Talks Agreement of 
     February 13, 2007, the Government of North Korea has 
     ``provided a complete and correct declaration of all its 
     nuclear programs,'' and there are measures to effectively 
     verify this declaration by the United States which, ``[a]t 
     the request of the other Parties,'' is leading ``disablement 
     activities'' and ``provid[ing] the funding for those 
     activities''; and
       (C) the Government of North Korea has agreed to the 
     participation of the International Atomic Energy Agency in 
     the monitoring and verification of the shutdown and sealing 
     of the Yongbyon nuclear facility.
       (2) State sponsor of terrorism defined.--In this 
     subsection, the term ``state sponsor of terrorism'' means a 
     country the government of which the Secretary of State has 
     determined, for purposes of section 6(j) of the Export 
     Administration Act of 1979 (as continued in effect pursuant 
     to the International Emergency Economic Powers Act), section 
     40 of the Arms Export Control Act, section 620A of the 
     Foreign Assistance Act of 1961, or any other provision of 
     law, is a government that has repeatedly provided support for 
     acts of international terrorism.
       (g) Report on Verification Measures Relating to North 
     Korea's Nuclear Programs.--
       (1) In general.--Not later than 15 days after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report on 
     verification measures relating to North Korea's nuclear 
     programs under the Six-Party Talks Agreement of February 13, 
     2007, with specific focus on how such verification measures 
     are defined under the Six-Party Talks Agreement and 
     understood by the United States Government.
       (2) Matters to be included.--The report required under 
     paragraph (1) shall include, among other elements, a detailed 
     description of--
       (A) the methods to be utilized to confirm that North Korea 
     has ``provided a complete and correct declaration of all of 
     its nuclear programs'';
       (B) the specific actions to be taken in North Korea and 
     elsewhere to ensure a high and ongoing level of confidence 
     that North Korea has fully met the terms of the Six-Party 
     Talks Agreement relating to its nuclear programs;
       (C) any formal or informal agreement with North Korea 
     regarding verification measures relating to North Korea's 
     nuclear programs under the Six-Party Talks Agreement; and
       (D) any disagreement expressed by North Korea regarding 
     verification measures relating to North Korea's nuclear 
     programs under the Six-Party Talks Agreement.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (h) Definitions.--In this section--
       (1) the term ``appropriate congressional committees'' 
     means--

[[Page 10193]]

       (A) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate;
       (2) the terms ``non-nuclear-weapon state'', ``design 
     information'', and ``component'' have the meanings given such 
     terms in section 102 of the Arms Export Control Act (22 
     U.S.C. 2799aa-1); and
       (3) the term ``Six-Party Talks Agreement of February 13, 
     2007'' or ``Six-Party Talks Agreement'' means the action plan 
     released on February 13, 2007, of the Third Session of the 
     Fifth Round of the Six-Party Talks held in Beijing among the 
     People's Republic of China, the Democratic People's Republic 
     of Korea (North Korea), Japan, the Republic of Korea (South 
     Korea), the Russian Federation, and the United States 
     relating to the denuclearization of the Korean Peninsula, 
     normalization of relations between North Korea and the United 
     States, normalization of relations between North Korea and 
     Japan, economy and energy cooperation, and matters relating 
     to the Northeast Asia Peace and Security Mechanism.

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