[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.
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