[Congressional Record Volume 156, Number 116 (Tuesday, August 3, 2010)]
[Senate]
[Pages S6654-S6656]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4582. Mr. KYL (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by him to the bill H.R. 5875, making emergency 
supplemental appropriations for border security for the fiscal year 
ending September 30, 2010, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 3, line 13, strike ``$30,000,000'' and all that 
     follows through line 16 and insert ``$50,000,000 to remain 
     available until September 30, 2012, for law enforcement 
     activities targeted at reducing the threat of violence along 
     the Southwest Border of the United States, of which 
     $20,000,000 shall be made available for fiscal year 2011 for 
     150 additional law enforcement specialists for work at the 
     Law Enforcement Support Center (LESC), administered by U.S. 
     Immigration and Customs Enforcement.''.
                                 ______
                                 
  SA 4583. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 3663, to promote clean energy jobs and oil 
company accountability, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

     SEC. ___. POINT OF ORDER AGAINST CLIMATE CHANGE LEGISLATION.

       (a) Point of Order.--Subject to subsection (b), it shall 
     not be in order in the Senate to consider any conference 
     report or other legislation that originates in the House of 
     Representatives as a message, bill, amendment, or motion, or 
     any Senate bill or related conference report to which the 
     House of Representatives added a provision, that addresses 
     climate change through the inclusion of a cap-and-trade 
     program if the Senate has not considered and approved a bill 
     addressing climate change that included such a cap-and-trade 
     program.
       (b) Waiver and Appeal.--
       (1) Waiver.--Subsection (a) may be waived or suspended in 
     the Senate only by an affirmative vote of \2/3\ of the 
     Members, duly chosen and sworn.
       (2) Appeal.--An affirmative vote of \2/3\ of the Members of 
     the Senate, duly chosen and sworn, shall be required to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under subsection (a).
                                 ______
                                 
  SA 4584. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 4575 proposed by Mr. Reid (for Mrs. Murray (for herself, 
Mr. Harkin, Mr. Reid, and Mr. Schumer)) to the bill H.R. 1586, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide for modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE V--ECONOMIC DEVELOPMENT ASSISTANCE

     SEC. 501. ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS.

       In chapter 2 of title I of the Act entitled ``An Act making 
     supplemental appropriations for the fiscal year ending 
     September 30, 2010, and for other purposes'', strike the 
     matter under the heading ``economic development assistance 
     programs'' under the heading ``Economic Development 
     Administration'' under the heading ``DEPARTMENT OF COMMERCE'' 
     and insert the following:
       ``Pursuant to section 703 of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3233), for an additional 
     amount for `` `Economic Development Assistance Programs' '', 
     for necessary expenses relating to disaster relief, long-term 
     recovery, and restoration of infrastructure in areas affected 
     by flooding for which the President declared a major disaster 
     during the period beginning on March 29, 2010, and ending on 
     May 7, 2010, which included individual assistance for an 
     entire State or not fewer than 45 counties within a State 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 et seq.), 
     $49,000,000, to remain available until expended: Provided, 
     That not more than 50 percent of the amount provided under 
     this heading shall be allocated to any State.''.
                                 ______
                                 
  SA 4585. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 4575 proposed by Mr. Reid (for Mrs. Murray (for herself, 
Mr. Harkin, Mr. Reid, and Mr. Schumer)) to the bill H.R. 1586, to 
modernize the air traffic control system, improve the safety, 
reliability, and availability of transportation by air in the United 
States, provide for modernization of the air traffic control system, 
reauthorize the Federal Aviation Administration, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 39, after line 21, insert the following:

[[Page S6655]]

                Subtitle C--Community Development Funds

     SEC. 221. COMMUNITY DEVELOPMENT FUNDS.

       Chapter 11 of title I of the Supplemental Appropriations 
     Act, 2010, is amended by striking the heading ``Community 
     Development Fund'' and all the matter that follows through 
     the ninth proviso under such heading and inserting the 
     following:

                      ``community development fund

       ``For an additional amount for the `Community Development 
     Fund', for necessary expenses related to disaster relief, 
     long-term recovery, and restoration of infrastructure, 
     housing, and economic revitalization in areas affected by 
     flooding for which the President declared a major disaster 
     between March 29, 2010, and May 7, 2010, which included 
     Individual Assistance for an entire State or not fewer than 
     45 counties within a State under title IV of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act of 
     1974, $100,000,000, to remain available until expended, for 
     activities authorized under title I of the Housing and 
     Community Development Act of 1974 (Public Law 93-383): 
     Provided, That funds shall be awarded directly to the State 
     or unit of general local government at the discretion of the 
     Secretary: Provided further, That prior to the obligation of 
     funds a grantee shall submit a plan to the Secretary 
     detailing the proposed use of all funds, including criteria 
     for eligibility and how the use of these funds will address 
     long-term recovery and restoration of infrastructure: 
     Provided further, That funds provided under this heading may 
     be used by a State or locality as a matching requirement, 
     share, or contribution for any other Federal program: 
     Provided further, That such funds may not be used for 
     activities reimbursable by, or for which funds are made 
     available by, the Federal Emergency Management Agency or the 
     Army Corps of Engineers: Provided further, That funds 
     allocated under this heading shall not adversely affect the 
     amount of any formula assistance received by a State or 
     subdivision thereof under the Community Development Fund: 
     Provided further, That a State or subdivision thereof may use 
     up to 5 percent of its allocation for administrative costs: 
     Provided further, That in administering the funds under this 
     heading, the Secretary of Housing and Urban Development may 
     waive, or specify alternative requirements for, any provision 
     of any statute or regulation that the Secretary administers 
     in connection with the obligation by the Secretary or the use 
     by the recipient of these funds or guarantees (except for 
     requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a request by a 
     State or subdivision thereof explaining why such waiver is 
     required to facilitate the use of such funds or guarantees, 
     if the Secretary finds that such waiver would not be 
     inconsistent with the overall purpose of title I of the 
     Housing and Community Development Act of 1974: Provided 
     further, That the Secretary shall publish in the Federal 
     Register any waiver of any statute or regulation that the 
     Secretary administers pursuant to title I of the Housing and 
     Community Development Act of 1974 no later than 5 days before 
     the effective date of such waiver: Provided further, That the 
     Secretary shall obligate to a State or subdivision thereof 
     not less than 50 percent of the funding provided under this 
     heading within 90 days after the enactment of this Act: 
     Provided further, That not more than 50 percent of the 
     funding provided under this heading shall be allocated to any 
     State (including units of general local government).''.
                                 ______
                                 
  SA 4586. Mr. HARKIN (for himself, Mr. Lugar, Mr. Burris, Mr. Johnson, 
Ms. Klobuchar, and Mr. Grassley) submitted an amendment intended to be 
proposed by him to the bill S. 3663, to promote clean energy jobs and 
oil company accountability, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the end of division B, add the following:

                 TITLE XXII--BIOFUELS MARKET EXPANSION

     SEC. 2201. ENSURING THE AVAILABILITY OF DUAL FUELED 
                   AUTOMOBILES AND LIGHT DUTY TRUCKS.

       (a) In General.--Chapter 329 of title 49, United States 
     Code, is amended by inserting after section 32902 the 
     following:

     ``Sec. 32902A. Requirement to manufacture dual fueled 
       automobiles and light duty trucks

       ``(a) In General.--For each model year listed in the 
     following table, each manufacturer shall ensure that the 
     percentage of automobiles and light duty trucks manufactured 
     by the manufacturer for sale in the United States that are 
     dual fueled automobiles and light duty trucks is not less 
     than the percentage set forth for that model year in the 
     following table:
``Model Year                                                 Percentage
Model years 2013 and 2014....................................50 percent
Model year 2015 and each subsequent model year...............90 percent
       ``(b) Exception.--Subsection (a) shall not apply to 
     automobiles or light duty trucks that operate only on 
     electricity.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     329 of title 49, United States Code, is amended by inserting 
     after the item relating to section 32902 the following:

``32902A. Requirement to manufacture dual fueled automobiles and light 
              duty trucks.''.
       (c) Rulemaking.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe regulations to carry out the amendments made 
     by this Act.

     SEC. 2202. BLENDER PUMP PROMOTION.

       (a) Blender Pump Grant Program.--
       (1) Definitions.--In this subsection:
       (A) Blender pump.--The term ``blender pump'' means an 
     automotive fuel dispensing pump capable of dispensing at 
     least 3 different blends of gasoline and ethanol, as selected 
     by the pump operator, including blends ranging from 0 percent 
     ethanol to 85 percent denatured ethanol, as determined by the 
     Secretary.
       (B) E-85 fuel.--The term ``E-85 fuel'' means a blend of 
     gasoline approximately 85 percent of the content of which is 
     ethanol.
       (C) Ethanol fuel blend.--The term ``ethanol fuel blend'' 
     means a blend of gasoline and ethanol, with a minimum of 0 
     percent and maximum of 85 percent of the content of which is 
     denatured ethanol.
       (D) Major fuel distributor.--
       (i) In general.--The term ``major fuel distributor'' means 
     any person that owns a refinery or directly markets the 
     output of a refinery.
       (ii) Exclusion.--The term ``major fuel distributor'' does 
     not include any person that owns or directly markets through 
     less than 50 retail fueling stations.
       (E) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (2) Grants.--The Secretary shall make grants under this 
     subsection to eligible facilities (as determined by the 
     Secretary) to pay the Federal share of--
       (A) installing blender pump fuel infrastructure, including 
     infrastructure necessary for the direct retail sale of 
     ethanol fuel blends (including E-85 fuel), including blender 
     pumps and storage tanks; and
       (B) providing subgrants to direct retailers of ethanol fuel 
     blends (including E-85 fuel) for the purpose of installing 
     fuel infrastructure for the direct retail sale of ethanol 
     fuel blends (including E-85 fuel), including blender pumps 
     and storage tanks.
       (3) Limitation.--A major fuel distributor shall not be 
     eligible for a grant or subgrant under this subsection.
       (4) Federal share.--The Federal share of the cost of a 
     project carried out under this subsection shall be 50 percent 
     of the total cost of the project.
       (5) Reversion.--If an eligible facility or retailer that 
     receives a grant or subgrant under this subsection does not 
     offer ethanol fuel blends for sale for at least 2 years 
     during the 4-year period beginning on the date of 
     installation of the blender pump, the eligible facility or 
     retailer shall be required to repay to the Secretary an 
     amount determined to be appropriate by the Secretary, but not 
     more than the amount of the grant provided to the eligible 
     facility or retailer under this subsection.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     subsection, to remain available until expended--
       (A) $50,000,000 for fiscal year 2011;
       (B) $100,000,000 for fiscal year 2012;
       (C) $200,000,000 for fiscal year 2013;
       (D) $300,000,000 for fiscal year 2014; and
       (E) $350,000,000 for fiscal year 2015.
       (b) Installation of Blender Pumps by Major Fuel 
     Distributors at Owned Stations and Branded Stations.--Section 
     211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by 
     adding at the end the following:
       ``(13) Installation of blender pumps by major fuel 
     distributors at owned stations and branded stations.--
       ``(A) Definitions.--In this paragraph:
       ``(i) E-85 fuel.--The term `E-85 fuel' means a blend of 
     gasoline approximately 85 percent of the content of which is 
     ethanol.
       ``(ii) Ethanol fuel blend.--The term `ethanol fuel blend' 
     means a blend of gasoline and ethanol, with a minimum of 0 
     percent and maximum of 85 percent of the content of which is 
     denatured ethanol.
       ``(iii) Major fuel distributor.--

       ``(I) In general.--The term `major fuel distributor' means 
     any person that owns a refinery or directly markets the 
     output of a refinery.
       ``(II) Exclusion.--The term `major fuel distributor' does 
     not include any person that owns or directly markets through 
     less than 50 retail fueling stations.

       ``(iv) Secretary.--The term `Secretary' means the Secretary 
     of Energy, acting in consultation with the Administrator of 
     the Environmental Protection Agency and the Secretary of 
     Agriculture.
       ``(B) Regulations.--The Secretary shall promulgate 
     regulations to ensure that each major fuel distributor that 
     sells or introduces gasoline into commerce in the United 
     States through majority-owned stations or branded stations 
     installs or otherwise makes available 1 or more blender pumps 
     that dispense E-85 fuel and ethanol fuel blends (including 
     any other equipment necessary, such as tanks, to ensure that 
     the pumps function properly) for a period of not less than 5 
     years at not less than the applicable percentage of the 
     majority-owned stations and the branded stations of the major 
     fuel distributor specified in subparagraph (C).
       ``(C) Applicable percentage.--For the purpose of 
     subparagraph (B), the applicable percentage of the majority-
     owned stations and the branded stations shall be determined 
     in accordance with the following table:

[[Page S6656]]

``Applicable percentage of majority-owned stations and branded stations
Calendar year:                                                 Percent:
2013................................................................ 10
2015................................................................ 20
2017................................................................ 35
2019 and each calendar year thereafter..............................50.
       ``(D) Geographic distribution.--
       ``(i) In general.--Subject to clause (ii), in promulgating 
     regulations under subparagraph (B), the Secretary shall 
     ensure that each major fuel distributor described in that 
     subparagraph installs or otherwise makes available 1 or more 
     blender pumps that dispense E-85 fuel and ethanol fuel blends 
     at not less than a minimum percentage (specified in the 
     regulations) of the majority-owned stations and the branded 
     stations of the major fuel distributors in each State.
       ``(ii) Requirement.--In specifying the minimum percentage 
     under clause (i), the Secretary shall ensure that each major 
     fuel distributor installs or otherwise makes available 1 or 
     more blender pumps described in that clause in each State in 
     which the major fuel distributor operates.
       ``(E) Financial responsibility.--In promulgating 
     regulations under subparagraph (B), the Secretary shall 
     ensure that each major fuel distributor described in that 
     subparagraph assumes full financial responsibility for the 
     costs of installing or otherwise making available the blender 
     pumps described in that subparagraph and any other equipment 
     necessary (including tanks) to ensure that the pumps function 
     properly.
       ``(F) Production credits for exceeding blender pumps 
     installation requirement.--
       ``(i) Earning and period for applying credits.--If the 
     percentage of the majority-owned stations and the branded 
     stations of a major fuel distributor at which the major fuel 
     distributor installs blender pumps in a particular calendar 
     year exceeds the percentage required under subparagraph (C), 
     the major fuel distributor shall earn credits under this 
     paragraph, which may be applied to any of the 3 consecutive 
     calendar years immediately after the calendar year for which 
     the credits are earned.
       ``(ii) Trading credits.--Subject to clause (iii), a major 
     fuel distributor that has earned credits under clause (i) may 
     sell the credits to another major fuel distributor to enable 
     the purchaser to meet the requirement under subparagraph (C).
       ``(iii) Exception.--A major fuel distributor may not use 
     credits purchased under clause (ii) to fulfill the geographic 
     distribution requirement in subparagraph (D).''.

     SEC. 2203. LOAN GUARANTEES FOR PROJECTS TO CONSTRUCT 
                   RENEWABLE FUEL PIPELINES.

       (a) Definitions.--Section 1701 of the Energy Policy Act of 
     2005 (42 U.S.C. 16511) is amended by adding at the end the 
     following:
       ``(6) Renewable fuel.--The term `renewable fuel' has the 
     meaning given the term in section 211(o)(1) of the Clean Air 
     Act (42 U.S.C. 7545(o)(1)), except that the term includes 
     ethanol and biodiesel.
       ``(7) Renewable fuel pipeline.--The term `renewable fuel 
     pipeline' means a pipeline for transporting renewable 
     fuel.''.
       (b) Amount.--Section 1702(c) of the Energy Policy Act of 
     2005 (42 U.S.C. 16512(c)) is amended--
       (1) by striking ``(c) Amount.--'' and inserting the 
     following:
       ``(c) Amount.--
       ``(1) In general.--Unless''; and
       (2) by adding at the end the following:
       ``(2) Renewable fuel pipelines.--A guarantee for a project 
     described in section 1703(b)(11) shall be in an amount equal 
     to 80 percent of the project cost of the renewable fuel 
     pipeline that is the subject of the guarantee, as estimated 
     at the time at which the guarantee is issued.''.
       (c) Renewable Fuel Pipeline Eligibility.--Section 1703(b) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is 
     amended by adding at the end the following:
       ``(11) Renewable fuel pipelines.''.
       (d) Rapid Deployment of Renewable Fuel Pipelines.--Section 
     1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) 
     is amended by adding at the end the following:
       ``(4) Installation of sufficient infrastructure to allow 
     for the cost-effective deployment of clean energy 
     technologies appropriate to each region of the United States, 
     including the deployment of renewable fuel pipelines through 
     loan guarantees in an amount equal to 80 percent of the 
     cost.''.

                          ____________________