Volume 154, No. 84 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S4700-S4704 on May 21, 2008.
The publication is reproduced in full below:
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.
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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.
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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, 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.
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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:
``(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.''.
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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.
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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.
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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.
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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.
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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, 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.
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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--
(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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