Volume 156, No. 116 covering the 2nd Session of the 111th Congress (2009 - 2010) 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 S6654-S6656 on Aug. 3, 2010.
The publication is reproduced in full below:
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.''.
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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).
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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.''.
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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:
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).''.
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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:
``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.''.
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