Congressional Record publishes “TEXT OF AMENDMENTS” on March 11, 2002

Congressional Record publishes “TEXT OF AMENDMENTS” on March 11, 2002

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Volume 148, No. 26 covering the 2nd Session of the 107th Congress (2001 - 2002) 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 U.S. Dept. of Energy was published in the Senate section on pages S1733-S1734 on March 11, 2002.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2993. Mr. DORGAN proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

In section 1501(a)(1), strike ``nuclear power industry'' and insert ``the electric power generation industry

(including the nuclear power industry)''.

At the end of title XV, add the following new section:

``SEC. 1506. NATIONAL POWER PLANT OPERATIONS TECHNOLOGY AND

EDUCATION CENTER.

``(a) Establishment.--The Secretary shall establish a National Power Plant Operations Technology and Education Center (the ``Center''), to address the need for training and eduating certified operators for electric power generation plants.

``(b) Role.--The Center shall provide both training and continuing education relating to electric power generation plant technologies and operations. The Center shall conduct training and education activities on site and through Internet-based information technologies that allow for learning at remote sites.

``(c) Criteria for Competitive Selection.--The Secretary shall establish the Center at an institution of higher education with expertise in plant technology and operation and that can provide onsite as well as Internet-based training.

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SA 2994. Mr. INHOFE (for himself and Mr. Smith of New Hampshire) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhanced its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was of dered to lie on the table as follows:

At the appropriate place insert the following:

SEC. ____. PHASEOUT OF TAX SUBSIDIES FOR ETHANOL FUEL AS

MARKET SHARE OF SUCH FUEL INCREASES.

(a) In General.--Not later than December 15 of 2002, and each subsequent calendar year, the Secretary of the Treasury shall determine the percentage increase (if any) of the ethanol fuel market share for the preceding calendar year over the highest ethanol fuel market share for any preceding calendar year and shall, notwithstanding any provision of the Internal Revenue Code of 1986, reduce by the same percentage the ethanol fuel subsidies under sections 40, 4041, 4081, and 4091 of such Code beginning on January 1 of the subsequent calendar year.

(b) Ethanol Fuel Market Share.--For purposes of this section, the ethanol fuel market share for any calendar year shall be determined from data of the Energy Information Administration of the Department of Energy.

(c) Ethanol Fuel.--For purposes of this section, the term

`ethanol fuel' means any fuel the alcohol in which is ethanol.

(d) Floor Stock Taxes.--

(1) Imposition of tax.--In the case of ethanol fuel which is held on any tax increase date by any person, there is hereby imposed a floor stocks tax in an amount determined by the Secretary to equal the reduction in ethanol fuel subsidies described in subsection (a) beginning on such date.

(2) Liability for tax and method of payment.--

(A) Liability for tax.--A person holding ethanol fuel on any tax increase date to which the tax imposed by paragraph

(1) applies shall be liable for such tax.

(B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe.

(C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after such tax increase date.

(3) Definitions.--For purposes of this subsection--

(A) Tax increase date.--The term ``tax increase date'' means any January 1 on which begins a reduction in ethanol fuel subsidies described in subsection (a).

(B) Held by a person.--Ethanol fuel shall be considered as

``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made).

(C) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate.

(4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to ethanol fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 is allowable for such use.

(5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on ethanol fuel held in the tank of a motor vehicle or motorboat.

(6) Exception for certain amounts of fuel.--

(A) In general.--No tax shall be imposed by paragraph (1) on ethanol fuel held on any tax increase date by any person if the aggregate amount of ethanol fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.

(B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5).

(C) Controlled groups.--For purposes of this paragraph--

(i) Corporations.--

(I) In general.--All persons treated as a controlled group of corporations shall be treated as 1 person.

(II) Controlled group of corporations.--The term

``controlled group of corporations'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection.

(ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.

(7) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081.

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SOURCE: Congressional Record Vol. 148, No. 26

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