[Congressional Record Volume 157, Number 86 (Wednesday, June 15, 2011)]
[Senate]
[Pages S3847-S3848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ECONOMIC DEVELOPMENT REVITALIZATION ACT OF 2011--Resumed

  Mr. REID. Mr. President, what is the pending business?
  The PRESIDING OFFICER. The clerk will report the pending business.
  The legislative clerk read as follows:

       A bill (S. 782) to amend the Public Works and Economic 
     Development Act of 1965 to reauthorize that Act, and for 
     other purposes.

  Pending:

       DeMint amendment No. 394, to repeal the Dodd-Frank Wall 
     Street Reform and Consumer Protection Act.
       Paul amendment No. 414, to implement the President's 
     request to increase the statutory limit on the public debt.
       Cardin amendment No. 407, to require the FHA to equitably 
     treat homebuyers who have repaid in full their FHA-insured 
     mortgages.
       Merkley/Snowe amendment No. 428, to establish clear 
     regulatory standards for mortgage servicers.
       Kohl amendment No. 389, to amend the Sherman Act to make 
     oil-producing and exporting cartels illegal.
       Hutchison amendment No. 423, to delay the implementation of 
     the health reform law in the United States until there is 
     final resolution in pending lawsuits.
       Portman amendment No. 417, to provide for the inclusion of 
     independent regulatory agencies in the application of the 
     Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.).
       Portman amendment No. 418, to amend the Unfunded Mandates 
     Reform Act of 1995 (2 U.S.C. 1501 et seq.) to strengthen the 
     economic impact analyses for major rules, require agencies to 
     analyze the effect of major rules on jobs, and require 
     adoption of the least burdensome regulatory means.
       McCain amendment No. 411, to prohibit the use of Federal 
     funds to construct ethanol blender pumps or ethanol storage 
     facilities.
       McCain amendment No. 412, to repeal the wage rate 
     requirements commonly known as the Davis-Beacon Act.
       Merkley amendment No. 440, to require the Secretary of 
     Energy to establish an Energy Efficiency Loan Program under 
     which the Secretary shall make funds available to States to 
     support financial assistance provided by qualified financing 
     entities for making qualified energy efficiency or renewable 
     efficiency improvements.
       Coburn modified amendment No. 436, to repeal the Volumetric 
     Ethanol Excise Tax Credit.
       Brown (MA)/Snowe amendment No. 405, to repeal the 
     imposition of withholding on certain payments made to vendors 
     by government entities.
       Inhofe amendment No. 430, to reduce amounts authorized to 
     be appropriated.
       Inhofe amendment No. 438, to provide for the establishment 
     of a committee to assess the effects of certain Federal 
     regulatory mandates.
       Merkley amendment No. 427, to make a technical correction 
     to the HUBZone designation process.
       McCain amendment No. 441 (to Coburn Modified Amendment No. 
     436), to prohibit the use of Federal funds to construct 
     ethanol blender pumps or ethanol storage facilities.

  The PRESIDING OFFICER. The majority leader.


                           Amendment No. 476

  Mr. REID. Mr. President, I ask unanimous consent to set aside the 
pending amendment and call up amendment No. 476 on behalf of Senator 
Feinstein.
  The PRESIDING OFFICER. Without objection, the clerk will report the 
amendment.
  The legislative clerk read as follows:

       The Senator from Nevada [Mr. Reid], for Mrs. Feinstein, 
     proposes an amendment numbered 476.

  Mr. REID. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

     (Purpose: To repeal the Volumetric Ethanol Excise Tax Credit)

       At the end, add the following:

             TITLE __--ETHANOL SUBSIDIES AND TARIFF REPEAL

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Ethanol Subsidy and Tariff 
     Repeal Act''.

     SEC. _02. REPEAL OF VEETC.

       (a) Elimination of Excise Tax Credit or Payment.--
       (1) Section 6426(b)(6) of the Internal Revenue Code of 1986 
     is amended by striking ``December 31, 2011'' and inserting 
     ``the later of June 30, 2011, or the date of the enactment of 
     the Ethanol Subsidy and Tariff Repeal Act)''.
       (2) Section 6427(e)(6)(A) of such Code is amended by 
     striking ``December 31, 2011'' and inserting ``the later of 
     June 30, 2011, or the date of the enactment the Ethanol 
     Subsidy and Tariff Repeal Act''.
       (b) Elimination of Income Tax Credit.--
       (1) In general.--The table contained in section 40(h)(2) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by striking ``2011'' and inserting ``the later of June 
     30, 2011, or the date of the enactment of the Ethanol Subsidy 
     and Tariff Repeal Act'', and
       (B) by adding at the end the following:


 
 
 
``After such date.................................       zero    zero''.
 


       (2) Conforming amendment.--Section 40(h)(1) of such Code is 
     amended by striking ``calendar years 2001 through 2011'' and 
     inserting ``the period beginning January 1, 2001, and ending 
     the later of June 30, 2011, or the date of the enactment of 
     the Ethanol Subsidy and Tariff Repeal Act''.
       (c) Repeal of Deadwood.--
       (1) Section 40(h) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (3).
       (2) Section 6426(b)(2) of such Code is amended by striking 
     subparagraph (C).
       (d) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     the later of June 30, 2011, or the date of the enactment of 
     the Act.

     SEC. _03. REMOVAL OF TARIFFS ON ETHANOL.

       (a) Duty-Free Treatment.--Chapter 98 of the Harmonized 
     Tariff Schedule of the United States is amended by adding at 
     the end the following new subchapter:


                                               ``SUBCHAPTER XXIII
                                                Alternative Fuels
----------------------------------------------------------------------------------------------------------------
                                                                             Rates of Duty
                                                     -----------------------------------------------------------
       Heading/Subheading               Article                          1
                                      Description    ----------------------------------------          2
                                                            General             Special
----------------------------------------------------------------------------------------------------------------
9823.01.01......................  Ethyl alcohol       Free                Free                20%''.
                                   (provided for in
                                   subheadings
                                   2207.10.60 and
                                   2207.20) or any
                                   mixture
                                   containing such
                                   ethyl alcohol
                                   (provided for in
                                   heading 2710 or
                                   3824) if such
                                   ethyl alcohol or
                                   mixture is to be
                                   used as a fuel or
                                   in producing a
                                   mixture of
                                   gasoline and
                                   alcohol, a
                                   mixture of a
                                   special fuel and
                                   alcohol, or any
                                   other mixture to
                                   be used as fuel
                                   (including motor
                                   fuel provided for
                                   in subheading
                                   2710.11.15,
                                   2710.19.15 or
                                   2710.19.21), or
                                   is suitable for
                                   any such uses....
----------------------------------------------------------------------------------------------------------------

       (b) Conforming Amendments.--Subchapter I of chapter 99 of 
     the Harmonized Tariff Schedule of the United States is 
     amended--
       (1) by striking heading 9901.00.50; and
       (2) by striking U.S. notes 2 and 3.
       (c) Effective Date.--The amendments made by this section 
     apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after the later of June 30, 2011, or the 
     date of the enactment of this Act.

  Mr. REID. Mr. President, I ask unanimous consent that Senator Coburn 
be listed as the second sponsor of that amendment by Senator Feinstein, 
No. 476.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I ask unanimous consent that when the Senate 
resumes consideration of S. 782, on Thursday, June 16, the Feinstein 
amendment No. 476 and the McCain amendment No. 411 be debated 
concurrently; that there be up to 4 hours of debate equally divided 
between the two leaders or their designees; that upon the use or 
yielding back of time, the Senate proceed to votes in relation to the 
amendments in the following order: Feinstein No. 476 and McCain No. 
411; further, that neither of the amendments be divisible; that there 
be no amendments, points of order, or motions in order to either 
amendment prior to the votes other than budget points of order and the 
applicable motions to waive; that both amendments

[[Page S3848]]

be subject to a 60-vote threshold; and the motions to reconsider be 
considered made and laid upon the table; finally, upon disposition of 
the McCain amendment, the majority leader be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, I want to thank the Senator from South 
Carolina for allowing us to go forward with this agreement. Senator 
DeMint wanted to ensure that this agreement would in no way limit his 
ability to offer and get votes on an amendment that he cares about, No. 
460, regarding the renewable fuel standards and the estate tax.
  Senator DeMint is correct and this agreement does not preclude the 
Senate from considering his amendment, and I thank the Senator for his 
cooperation.
  I also very much appreciate the understanding of Senator Feinstein, 
Senator Klobuchar, Senator Thune, Senator Coburn. We have worked really 
hard trying to get to this point. It has not been easy. Most everyone 
did not get what they wanted. But that is what agreements are all 
about; we have the opportunity to move forward on other things. We will 
have to decide what more we can do on this bill. But I appreciate very 
much their understanding. In many conversations I had with them during 
the day they were all very courteous and thoughtful and very good 
advocates of their position.

                          ____________________