[Congressional Record Volume 158, Number 24 (Tuesday, February 14, 2012)]
[Senate]
[Pages S639-S657]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1569. Mrs. SHAHEEN (for herself and Mr. Wicker) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       In division D, on page 119, strike line 8 and all that 
     follows through ``(B)'' on line 14, and insert the following:
       ``(A) for public transportation systems that operate fewer 
     than 50 buses during peak service hours, in an amount not to 
     exceed 100 percent of the share of the apportionment which is 
     attributable to such systems within the urbanized area, as 
     measured by vehicle revenue hours;
       ``(B) for public transportation systems that operate a 
     minimum of 50 buses and a maximum of 75 buses during peak 
     service hours, in an amount not to exceed 50 percent of the 
     share of the apportionment which is attributable to such 
     systems within the urbanized area, as measured by vehicle 
     revenue hours; and
       ``(C)
                                 ______
                                 
  SA 1570. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATURAL GAS ENERGY AND ALTERNATIVES REBATE PROGRAM.

       (a) Definitions.--In this section:
       (1) Alternative fuel.--The term ``alternative fuel'' means 
     natural gas, liquid petroleum gas, hydrogen, or fuel cell.
       (2) Alternatively fueled bus.--The term ``alternatively 
     fueled bus'' means--
       (A) a school bus (as defined in section 390.5 of title 49, 
     Code of Federal Regulations) that operates on alternative 
     fuel;
       (B) a multifunction school activity bus (as defined in 
     section 571.3 of title 49, Code of Federal Regulations) that 
     operates on alternative fuel; or
       (C) a motor vehicle that--
       (i) provides public transportation (as defined in section 
     5302(a)(10) of title 49, United States Code); and
       (ii) operates on alternative fuel.
       (3) Eligible entity.--The term eligible entity means--
       (A) a public or private entity providing transportation 
     exclusively for school students, personnel, and equipment; or
       (B) a public entity providing mass transit services to the 
     public.
       (b) Rebate Program.--
       (1) In general.--The Secretary of Transportation shall 
     establish the Natural Gas Energy and Alternatives Rebates 
     Program (referred to in this section as the ``NGEAR 
     Program'') to subsidize the purchase of alternatively fueled 
     buses by eligible entities.
       (2) Amounts.--An eligible entity that purchases an 
     alternatively fueled bus during the period beginning on the 
     date of the enactment of this Act and ending on December 31, 
     2016, is eligible to receive a rebate from the Department of 
     Transportation under this subsection in an amount equal to 
     the lesser of--
       (A) 30 percent of the purchase price of the alternatively 
     fueled bus; or
       (B) $15,000.
       (3) Application.--Eligible entities desiring a rebate under 
     the NGEAR Program shall submit an application to the 
     Secretary of Transportation that contains copies of relevant 
     sales invoices and any additional information that the 
     Secretary of Transportation may require.
                                 ______
                                 
  SA 1571. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CLEAN VEHICLE CORRIDORS PROGRAM.

       (a) Purpose.--The purpose of this section is to establish 
     the Clean Vehicle Corridors Program--
       (1) to provide market certainty to drive private and 
     commercial capital investment in economic clean 
     transportation options;
       (2) to promote clean transportation technologies that 
     will--
       (A) lead to increased diversity and dissemination of 
     alternative fuel options; and
       (B) enable the United States to bridge the gap from foreign 
     energy imports to secure, domestically produced energy; and
       (3) to facilitate clean transportation incentives that 
     will--
       (A) attract a critical mass of clean transportation 
     vehicles that will give alternative fueling stations an 
     assured customer base and market certitude;
       (B) provide for ongoing increases in energy demands;
       (C) support the growth of jobs and businesses in the United 
     States; and
       (D) reduce vehicular petroleum use and emissions.
       (b) Designation of Clean Vehicle Corridors.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Transportation, 
     in consultation with the Secretary of Energy, shall designate 
     10 Clean Vehicle Corridors routed along Federal highways or 
     other contiguous highways (large thoroughfares).
       (2) Sources of input.--In carrying out paragraph (1), the 
     Secretary shall seek input from Federal, State, and local 
     entities, nongovernmental organizations, and individual 
     residents regarding where the Clean Vehicle Corridors should 
     be located.
       (3) Effect.--In conjunction with the designations under 
     paragraph (1), the Secretary shall--
       (A) encourage the promotion of rapid-fueling compressed 
     natural gas, liquefied natural gas, liquefied petroleum gas, 
     plug-in electric, biofuel, hydrogen and other clean fuels, as 
     determined by the Secretary; and
       (B) facilitate the development of policies needed to 
     develop the infrastructure necessary to support clean 
     vehicles, including fueling stations, rest stops, travel 
     plazas, or other service areas on Federal or private 
     property, which--
       (i) are most practically located along a Clean Vehicle 
     Corridor; and
       (ii) would be available to support all clean vehicles 
     regardless of ownership.
       (4) Publication.--The Secretary shall maintain a publicly 
     available website that contains relevant information and 
     resources regarding Clean Vehicle Corridors.
       (c) Interstate Compacts.--
       (1) In general.--An interstate compact between 3 or more 
     contiguous States to establish a regional Clean Vehicle 
     Corridor agency to facilitate planning for, and siting of, 
     necessary facilities within the participating States shall be 
     subject to congressional approval.
       (2) Technical assistance.--The Secretary of Transportation, 
     in consultation with the Secretary of Energy, may provide 
     technical assistance to the regional agencies described in 
     paragraph (1).
                                 ______
                                 
  SA 1572. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 1515 proposed by Mr. Reid (for Mr. Johnson of South Dakota 
(for himself and Mr. Shelby)) to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       In division D, on page 164, after line 24, add the 
     following:
       ``(9) Programs of projects with significant private 
     funding.--For purposes of determining whether a group of 
     projects is a program of interrelated projects under 
     subsection (a)(5), the Secretary shall deem a project to be 
     developed simultaneously with another project in the group 
     if--
       ``(A) the project is funded primarily with private 
     contributions;
       ``(B) the planning and project development process overlaps 
     for all program elements; and
       ``(C) the significant private contributions have allowed 
     the project to proceed more rapidly and reach a more advanced 
     phase than the other project at the time of submission under 
     paragraph (1).
                                 ______
                                 
  SA 1573. Mr. LIEBERMAN (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. LIMITATION ON STATE TAXATION OF COMPENSATION 
                   EARNED BY NONRESIDENT TELECOMMUTERS.

       (a) In General.--Chapter 4 of title 4, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 127. Limitation on State taxation of compensation 
       earned by nonresident telecommuters

       ``(a) In General.--In applying its income tax laws to the 
     compensation of a nonresident individual, a State may deem 
     such nonresident individual to be present in or working in 
     such State for any period of time only if such nonresident 
     individual is physically present in such State for such 
     period and such State may not impose nonresident income taxes 
     on such compensation with respect to any period of time when 
     such nonresident individual is physically present in another 
     State.

[[Page S640]]

       ``(b) Determination of Physical Presence.--For purposes of 
     determining physical presence, no State may deem a 
     nonresident individual to be present in or working in such 
     State on the grounds that--
       ``(1) such nonresident individual is present at or working 
     at home for convenience, or
       ``(2) such nonresident individual's work at home or office 
     at home fails any convenience of the employer test or any 
     similar test.
       ``(c) Determination of Periods of Time With Respect to 
     Which Compensation Is Paid.--For purposes of determining the 
     periods of time with respect to which compensation is paid, 
     no State may deem a period of time during which a nonresident 
     individual is physically present in another State and 
     performing certain tasks in such other State to be--
       ``(1) time that is not normal work time unless such 
     individual's employer deems such period to be time that is 
     not normal work time,
       ``(2) nonworking time unless such individual's employer 
     deems such period to be nonworking time, or
       ``(3) time with respect to which no compensation is paid 
     unless such individual's employer deems such period to be 
     time with respect to which no compensation is paid.
       ``(d) Definitions.--As used in this section--
       ``(1) State.--The term `State' means each of the several 
     States (or any subdivision thereof), the District of 
     Columbia, and any territory or possession of the United 
     States.
       ``(2) Income tax.--The term `income tax' has the meaning 
     given such term by section 110(c).
       ``(3) Income tax laws.--The term `income tax laws' includes 
     any statutes, regulations, administrative practices, 
     administrative interpretations, and judicial decisions.
       ``(4) Nonresident individual.--The term `nonresident 
     individual' means an individual who is not a resident of the 
     State applying its income tax laws to such individual.
       ``(5) Employee.--The term `employee' means an employee as 
     defined by the State in which the nonresident individual is 
     physically present and performing personal services for 
     compensation.
       ``(6) Employer.--The term `employer' means the person 
     having control of the payment of an individual's 
     compensation.
       ``(7) Compensation.--The term `compensation' means the 
     salary, wages, or other remuneration earned by an individual 
     for personal services performed as an employee or as an 
     independent contractor.
       ``(e) No Inference.--Nothing in this section shall be 
     construed as bearing on--
       ``(1) any tax laws other than income tax laws,
       ``(2) the taxation of corporations, partnerships, trusts, 
     estates, limited liability companies, or other entities, 
     organizations, or persons other than nonresident individuals 
     in their capacities as employees or independent contractors,
       ``(3) the taxation of individuals in their capacities as 
     shareholders, partners, trust and estate beneficiaries, 
     members or managers of limited liability companies, or in any 
     similar capacities, and
       ``(4) the income taxation of dividends, interest, 
     annuities, rents, royalties, or other forms of unearned 
     income.''.
       (b) Clerical Amendment.--The table of sections of such 
     chapter 4 is amended by adding at the end the following new 
     item:

``127. Limitation on State taxation of compensation earned by 
              nonresident telecommuters.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 1574. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15__. SAVANNAH HARBOR EXPANSION, GEORGIA.

       The project for harbor deepening, Savannah Harbor 
     Expansion, Georgia, authorized by section 101(b)(9) of the 
     Water Resources Development Act of 1999 (Public Law 106-53; 
     113 Stat. 279), is modified to authorize the Secretary of the 
     Army to construct the project at a total cost of 
     $629,000,000, with an estimated Federal cost of $377,400,000 
     and an estimated non-Federal cost of $251,600,000, pending a 
     record of decision for the project.
                                 ______
                                 
  SA 1575. Mr BINGAMAN (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 1521. USE OF CERTAIN EARMARKS FOR OTHER STATE PROJECTS.

       (a) In General.--Notwithstanding section 1517 and subject 
     to subsection (b), for the 3-year period beginning on the 
     date of enactment of this Act, each State may use the 
     unobligated balance of any funding provided to the State for 
     any project under section 1602 of Public Law 105-178 (112 
     Stat. 256), or section 1301, 1302, 1702, or 1934 of Public 
     Law 109-59 (119 Stat. 1144), for any other project in the 
     State, as the State determines to be appropriate.
       (b) Unobligated Amounts.--The balance of any funding 
     provided to a State for a project under section 1602 of 
     Public Law 105-178 (112 Stat. 256), or section 1301, 1302, 
     1702, or 1934 of Public Law 109-59 (119 Stat. 1144), that 
     remains unobligated under that section or subsection (a) on 
     the date that is 3 years after the date of enactment of this 
     Act shall be refunded to the Treasury.
                                 ______
                                 
  SA 1576. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 469, after line 22, insert the following:

     SEC. 1521. REAUTHORIZATION OF ADDITIONAL CONTRACT AUTHORITY 
                   FOR STATES WITH INDIAN RESERVATIONS.

       Section 1214(d)(5)(A) of the Transportation Equity Act for 
     the 21st Century (23 U.S.C. 202 note; Public Law 105-178) is 
     amended by striking ``$1,800,000 for each of fiscal years 
     2005 through 2009'' and inserting ``$2,000,000 for each of 
     fiscal years 2012 through 2013''.
                                 ______
                                 
  SA 1577. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT.

       (a) In General.--Section 601 of the Tax Relief, 
     Unemployment Insurance Reauthorization, and Job Creation Act 
     of 2010 is amended by redesignating subsections (b) through 
     (g) as subsections (c) through (i), respectively, and by 
     inserting after subsection (a) the following new subsection:
       ``(b) Election To Take Employee Payroll Tax Cut.--
       ``(1) In general.--Subsection (a) shall apply with respect 
     to remuneration received by any individual for services 
     rendered in a calendar year (or taxable year beginning in the 
     calendar year) in the payroll tax holiday period only if a 
     tax holiday election under paragraph (2) is in effect with 
     respect to such calendar year.
       ``(2) Tax holiday election.--For purposes of this 
     subsection--
       ``(A) In general.--The term `tax holiday election' means, 
     with respect to the individual, an election to have 
     subsection (a) apply to a calendar year (or taxable year 
     beginning in such calendar year) in the payroll tax holiday 
     period beginning in or after 2012. Any such election shall 
     remain in effect until such election is revoked.
       ``(B) When made.--An election with respect to a calendar 
     year (and a taxable year beginning in the taxable year) may 
     be made before July 1 of the calendar year for which such 
     remuneration is received.
       ``(C) Revocation of election.--Subject to such conditions 
     as the Secretary deems necessary, an individual may revoke an 
     election to have subsection (a) apply with respect to a 
     calendar year (and taxable year beginning in the calendar 
     year) if such revocation is made before July 1 of the 
     calendar year.
       ``(D) Time and manner of election and revocation.--Any 
     election and revocation under this subsection shall be made 
     at such time and in such manner as the Secretary may 
     prescribe.
       ``(3) Special rules.--
       ``(A) 1st employment or self-employment after beginning of 
     year.--In the case of an individual whose employment or self-
     employment first commences after the beginning of the 
     calendar year or taxable year (as the case may be), the 
     election under paragraph (2)(A) shall be made before or with 
     the beginning of such employment.
       ``(B) Multiple employers.--In the case that an individual 
     is employed by more than 1 employer (including self-
     employment) for a period, an election or revocation made 
     under this subsection made with respect to remuneration from 
     1 employer shall apply to all employers. For purposes of the 
     preceding sentence, the most recent valid election or 
     revocation for a period shall be the only election or 
     revocation (as the case may be) in effect for that period.
       ``(4) Overpayment and underpayment of tax.--
       ``(A) Credit for overpayment.--See sections 6402 and 6413 
     of such Code for provisions relating to overpayments of 
     employment taxes.
       ``(B) Underpayment of taxes.--If, by reason of an election 
     or revocation under this subsection for a calendar year or 
     taxable year, an individual has a liability for tax under 
     section 1401(a), 3101(a), 3201(a), or 3211(a)(1) of such Code 
     for the taxable year beginning with or in the calendar year, 
     for purposes of subtitle F of such Code, such liability, 
     together with interest on such liability at the underpayment 
     rate established under section 6621, shall be assessed and 
     collected in the manner prescribed by the Secretary.

[[Page S641]]

       ``(5) Regulations.--The Secretary, in consultation with the 
     Commissioner of Social Security, shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out this subsection. Such regulations or other guidance shall 
     include procedures providing for the exchange of information 
     between the Secretary and the Commissioner of Social Security 
     for purposes of this subsection.''.
       (b) Extension of Retirement Age in Connection With Election 
     To Take Payroll Tax Cut.--Section 216(l) of the Social 
     Security Act (42 U.S.C 416(l)) is amended by adding at the 
     end the following new paragraph:
       ``(4)(A) For each calendar year beginning with or after 
     2012 for which section 601(a) of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010 
     applies with respect to the wages received by an individual 
     for services rendered in such year, the retirement age (as 
     defined in paragraph (1)) of such individual shall be 
     increased by 1 month.
       ``(B) In the case of any taxable year for which such 
     section 601(a) applies (with respect to remuneration received 
     by an individual as self-employment income for services 
     rendered in such taxable year), any calendar year in which 
     such taxable year commences shall be treated as a calendar 
     year for which such section 601(a) applies as described in 
     subparagraph (A).''.
                                 ______
                                 
  SA 1578. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike title III and, at the appropriate place, insert the 
     following:

     SEC. ____. TERMINATION OF TIFIA.

       (a) Termination of TIFIA.--Sections 601 through 609 of 
     title 23, United States Code, are repealed.
       (b) Conforming Amendments.--
       (1) State infrastructure bank program.--Section 610 of 
     title 23, United States Code, is amended by striking the 
     section designation and inserting the following:

     ``Sec. 601. State infrastructure bank program''.

       (2) Chapter 6 analysis.--The analysis for chapter 6 of 
     title 23, United States Code, is amended--
       (A) by striking the items relating to sections 601 through 
     610; and
       (B) by inserting the following:

``601. State infrastructure bank program.''.
                                 ______
                                 
  SA 1579. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. ___. PROHIBITION ON PROVISION OF LOAN GUARANTEES.

       Notwithstanding any other provision of law, no loan 
     guarantee may be provided by the Secretary or any other 
     Federal official or agency for any transportation project.
                                 ______
                                 
  SA 1580. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATION.

       Notwithstanding any other provision of law, the total 
     amount obligated or expended under this Act, including an 
     amendment made by this Act, during a fiscal year shall not 
     exceed the total revenue of the Highway Trust Fund for that 
     fiscal year.
                                 ______
                                 
  SA 1581. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF DAVIS-BACON.

       Subchapter IV of chapter 31 of part A of subtitle II of 
     title 40, United States Code (commonly referred to as the 
     ``Davis-Bacon Act'') is repealed.
                                 ______
                                 
  SA 1582. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF PPACA.

       (a) In General.--
       (1) Job-killing health care law.--Effective as of the 
     enactment of Public Law 111-148, such Act is repealed, and 
     the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
       (2) Health care-related provisions in the health care and 
     education reconciliation act of 2010.--Effective as of the 
     enactment of the Health Care and Education Reconciliation Act 
     of 2010 (Public Law 111-152), title I and subtitle B of title 
     II of such Act are repealed, and the provisions of law 
     amended or repealed by such title or subtitle, respectively, 
     are restored or revived as if such title and subtitle had not 
     been enacted.
       (b) Budgetary Effects of This Act.--The budgetary effects 
     of this section, for the purpose of complying with the 
     Statutory Pay-As-You-Go Act of 2010, shall be determined by 
     reference to the latest statement titled ``Budgetary Effects 
     of PAYGO Legislation'' for this section, submitted for 
     printing in the Congressional Record by the Chairman of the 
     Committee on the Budget of the House of Representatives, as 
     long as such statement has been submitted prior to the vote 
     on passage of this Act.
                                 ______
                                 
  SA 1583. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT ESTATE TAX RELIEF.

       (a) In General.--Title III of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010, and 
     the amendments made thereby, are repealed; and the Internal 
     Revenue Code of 1986 shall be applied as if such title, and 
     amendments, had never been enacted.
       (b) Exclusion From EGGTRA Sunset.--Section 901 of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 
     shall not apply to the provisions of, and amendments made by, 
     subtitle A or E of title V of such Act.
       (c) Effective Date.--The repeal made by subsection (a) 
     shall apply to estates of decedents dying, gifts made, and 
     generation skipping transfers after December 31, 2009.
                                 ______
                                 
  SA 1584. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF DODD-FRANK ACT.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203) is repealed, and the provisions of 
     law amended by such Act are revived or restored as if such 
     Act had not been enacted.
                                 ______
                                 
  SA 1585. Mr. DeMINT (for himself, Mr. Hatch, Mr. Heller, and Mr. 
Paul) submitted an amendment intended to be proposed by him to the bill 
S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF AUTHORITY TO PROVIDE CERTAIN LOANS TO THE 
                   INTERNATIONAL MONETARY FUND; PROHIBITION ON 
                   LOANS TO THE FUND FOR EUROPEAN FINANCIAL 
                   STABILITY.

       (a) Repeal of Authority to Provide Certain Loans to the 
     International Monetary Fund and Increase in the United States 
     Quota.--
       (1) Repeal of authorities.--The Bretton Woods Agreements 
     Act (22 U.S.C. 286 et seq.) is amended--
       (A) in section 17--
       (i) in subsection (a)--

       (I) by striking ``(1) In order'' and inserting ``In 
     order''; and
       (II) by striking paragraphs (2), (3), and (4); and

       (ii) in subsection (b)--

       (I) by striking ``(1) For the purpose'' and inserting ``For 
     the purpose'';
       (II) by striking ``subsection (a)(1)'' and inserting 
     ``subsection (a)''; and
       (III) by striking paragraph (2);

       (B) by striking sections 64, 65, 66, and 67; and
       (C) by redesignating section 68 as section 64.
       (2) Rescission of amounts.--
       (A) In general.--The unobligated balance of the amounts 
     specified in subparagraph (B)--
       (i) is rescinded;
       (ii) shall be deposited in the general fund of the Treasury 
     to be dedicated for the sole purpose of deficit reduction; 
     and
       (iii) may not be used as an offset for other spending 
     increases or revenue reductions.
       (B) Amounts specified.--The amounts specified in this 
     subparagraph are the amounts appropriated under the heading 
     ``United States Quota, International Monetary Fund'', and 
     under the heading ``Loans to International Monetary Fund'', 
     under the heading ``INTERNATIONAL MONETARY PROGRAMS'' under 
     the heading ``INTERNATIONAL ASSISTANCE PROGRAMS'' in title 
     XIV of the Supplemental Appropriations Act, 2009 (Public Law 
     111-32; 123 Stat. 1916).

[[Page S642]]

       (b) Prohibition on United States Loans to the International 
     Monetary Fund to Be Used for Financing for European Financial 
     Stability.--
       (1) In general.--Section 17 of the Bretton Woods Agreements 
     Act (22 U.S.C. 286e-2), as amended by subsection (a)(1), is 
     further amended by adding at the end the following:
       ``(e) Restriction on Loans to Member States of the European 
     Union.--A loan may not be made under this section in a 
     calendar year to enable the International Monetary Fund to 
     provide financing, directly or indirectly--
       ``(1) to any member state of the European Union, until the 
     ratio of the total outstanding public debt of each such 
     member state to the gross domestic product of the member 
     state, as of the end of the most recent fiscal year of the 
     member state ending in the preceding calendar year, is not 
     more than 60 percent; or
       ``(2) for any new credit or liquidity facility, or any new 
     special purpose vehicle, related to European financial 
     stability.''.
       (2) United states opposition to international monetary fund 
     financing for european financial stability.--The Bretton 
     Woods Agreements Act (22 U.S.C. 286 et seq.), as amended by 
     subsection (a)(1), is further amended by adding at the end 
     the following:

     ``SEC. 65. OPPOSITION OF UNITED STATES TO INTERNATIONAL 
                   MONETARY FUND FINANCING FOR EUROPEAN FINANCIAL 
                   STABILITY.

       ``The Secretary of the Treasury shall instruct the United 
     States Executive Director of the Fund to use the voice and 
     vote of the United States to oppose the provision of 
     financing by the Fund, directly or indirectly--
       ``(1) to any member state of the European Union in a 
     calendar year, until the ratio of the total outstanding 
     public debt of each such member state to the gross domestic 
     product of the member state, as of the end of the most recent 
     fiscal year of the member state ending in the preceding 
     calendar year, is not more than 60 percent; or
       ``(2) for any new credit or liquidity facility, or any new 
     special purpose vehicle, related to European financial 
     stability.''.
       (c) Sense of Congress on Implementation of Doubling of 
     United States Quota in the International Monetary Fund.--It 
     is the sense of Congress that Congress should not approve any 
     legislation to implement the December 15, 2010, vote of the 
     Board of Governors of the International Monetary Fund to 
     double the quota of the United States in the Fund.
                                 ______
                                 
  SA 1586. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF AUTOMOBILE FUEL ECONOMY STANDARDS.

       Chapter 329 of title 49, United States Code, is repealed.
                                 ______
                                 
  SA 1587. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Empowerment Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Funding for core highway programs.
Sec. 4. Infrastructure Special Assistance Fund.
Sec. 5. Return of excess tax receipts to States.
Sec. 6. Reduction in taxes on gasoline, diesel fuel, kerosene, and 
              special fuels funding Highway Trust Fund.
Sec. 7. Report to Congress.
Sec. 8. Effective date contingent on certification of deficit 
              neutrality.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) that objective has been attained, and the Interstate 
     System connecting all States is near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the Federal Government's perceptions of what 
     is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this Act are--
       (1) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (2) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (3) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (4) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (5) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

     SEC. 3. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Funding.--For the purpose of carrying out title 23, 
     United States Code, the following sums are authorized to be 
     appropriated out of the Highway Trust Fund:
       (A) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $5,200,000,000 for fiscal year 2014, 
     $5,280,000,000 for fiscal year 2015, $5,360,000,000 for 
     fiscal year 2016, $5,440,000,000 for fiscal year 2017, and 
     $5,520,000,000 for fiscal year 2018.
       (B) Emergency relief.--For emergency relief under section 
     125 of that title, $100,000,000 for each of fiscal years 2014 
     through 2018.
       (C) Interstate bridge program.--For the Interstate bridge 
     program under section 144 of that title, $2,527,000,000 for 
     fiscal year 2014, $2,597,000,000 for fiscal year 2015, 
     $2,667,000,000 for fiscal year 2016, $2,737,000,000 for 
     fiscal year 2017, and $2,807,000,000 for fiscal year 2018.
       (D) Federal lands highways program.--
       (i) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title, $470,000,000 for fiscal year 
     2014, $510,000,000 for fiscal year 2015, $550,000,000 for 
     fiscal year 2016, $590,000,000 for fiscal year 2017, and 
     $630,000,000 for fiscal year 2018.
       (ii) Public lands highways.--For public lands highways 
     under section 204 of that title, $300,000,000 for fiscal year 
     2014, $310,000,000 for fiscal year 2015, $320,000,000 for 
     fiscal year 2016, $330,000,000 for fiscal year 2017, and 
     $340,000,000 for fiscal year 2018.
       (iii) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title, $255,000,000 for fiscal year 
     2014, $270,000,000 for fiscal year 2015, $285,000,000 for 
     fiscal year 2016, $300,000,000 for fiscal year 2017, and 
     $315,000,000 for fiscal year 2018.
       (iv) Refuge roads.--For refuge roads under section 204 of 
     that title, $32,000,000 for each of fiscal years 2014 through 
     2018.
       (E) Highway safety programs.--
       (i) In general.--For highway safety programs under section 
     402 of that title, $170,000,000 for each of fiscal years 2014 
     through 2018.
       (ii) Highway safety research and development.--For highway 
     safety research and development under section 403 of that 
     title, $35,000,000 for each of fiscal years 2014 through 
     2018.
       (F) Surface transportation research.--For cooperative 
     agreements with nonprofit research organizations to carry out 
     applied pavement research under section 502 of that title, 
     $200,000,000 for each of fiscal years 2014 through 2018.
       (G) Administrative expenses.--For administrative expenses 
     incurred in carrying out the programs referred to in 
     subparagraphs (A) through (F), $92,890,000 for fiscal year 
     2014, $95,040,000 for fiscal year 2015, $97,190,000 for 
     fiscal year 2016, $99,340,000 for fiscal year 2017, and 
     $101,490,000 for fiscal year 2018.
       (2) Transferability of funds.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (g) and 
     inserting the following:
       ``(g) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose

[[Page S643]]

     are in excess of the needs of the State for that purpose, the 
     State may transfer the excess funds to, and use the excess 
     funds for, any surface transportation (including mass transit 
     and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''.
       (3) Federal-aid system.--Section 103(a) of title 23, United 
     States Code, is amended by striking ``systems are the 
     Interstate System and the National Highway System'' and 
     inserting ``system is the Interstate System''.
       (4) Interstate maintenance program.--Section 104(b) of 
     title 23, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Interstate maintenance component.--For each of fiscal 
     years 2014 through 2018, for the Interstate maintenance 
     program under section 119, 1 percent to the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands and the remaining 99 percent apportioned as 
     follows:
       ``(A)(i) For each State with an average population density 
     of 20 persons or fewer per square mile, and each State with a 
     population of 1,500,000 persons or fewer and with a land area 
     of 10,000 square miles or less, the greater of--
       ``(I) a percentage share of apportionments equal to the 
     percentage for the State described in clause (ii); or
       ``(II) a share determined under subparagraph (B).
       ``(ii) The percentage referred to in clause (i)(I) for a 
     State for a fiscal year shall be the percentage calculated 
     for the State for the fiscal year under section 105(b) of 
     title 23, United States Code.
       ``(B) For each State not described in subparagraph (A), a 
     share of the apportionments remaining determined in 
     accordance with the following formula:
       ``(i) \1/9\ in the ratio that the total rural lane miles in 
     each State bears to the total rural lane miles in all States 
     with an average population density greater than 20 persons 
     per square mile and all States with a population of more than 
     1,500,000 persons and with a land area of more than 10,000 
     square miles.
       ``(ii) \1/9\ in the ratio that the total rural vehicle 
     miles traveled in each State bears to the total rural vehicle 
     miles traveled in all States described in clause (i).
       ``(iii) \2/9\ in the ratio that the total urban lane miles 
     in each State bears to the total urban lane miles in all 
     States described in clause (i).
       ``(iv) \2/9\ in the ratio that the total urban vehicle 
     miles traveled in each State bears to the total urban vehicle 
     miles traveled in all States described in clause (i).
       ``(v) \3/9\ in the ratio that the total diesel fuel used in 
     each State bears to the total diesel fuel used in all States 
     described in clause (i).''.
       (5) Interstate bridge program.--Section 144 of title 23, 
     United States Code, is amended--
       (A) in subsection (d)--
       (i) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridge'' each place it 
     appears; and
       (ii) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridges'' each place 
     it appears;
       (B) in the second sentence of subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) in paragraph (2), by striking the comma at the end and 
     inserting a period; and
       (iii) by striking paragraphs (3) and (4);
       (C) in the first sentence of subsection (k), by inserting 
     ``on the Federal-aid system or described in subsection 
     (c)(3)'' after ``any bridge'';
       (D) in subsection (l)(1), by inserting ``on the Federal-aid 
     system or described in subsection (c)(3)'' after ``construct 
     any bridge''; and
       (E) in the first sentence of subsection (m), by inserting 
     ``for each of fiscal years 1991 through 2013,'' after ``of 
     law,''.
       (6) National defense highways.--Section 311 of title 23, 
     United States Code, is amended--
       (A) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (B) by striking the second sentence.
       (7) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2013--
       (A) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (B) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (C)(i) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and
       (ii) after completion of a reimbursement described in 
     clause (i), a highway construction or improvement project 
     described in that clause shall no longer be considered to be 
     a Federal highway construction or improvement project.
       (8) Reporting requirements.--No reporting requirement, 
     other than a reporting requirement in effect as of the date 
     of enactment of this Act, shall apply on or after October 1, 
     2013, to the use of Federal funds for highway projects by a 
     public-private partnership.
       (b) Expenditures From Highway Trust Fund.--
       (1) Expenditures for core programs.--Section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in paragraph (1), by striking ``Surface Transportation 
     Extension Act of 2011, Part II'' and inserting 
     ``Transportation Empowerment Act'';
       (B) in paragraph (1), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018'';
       (C) in paragraphs (3)(A)(i), (4)(A), and (5), by striking 
     ``April 1, 2012'' each place it appears and inserting 
     ``October 1, 2020''; and
       (D) in paragraph (2), by striking ``January 1, 2013'' and 
     inserting ``July 1, 2021''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of such Code is amended by adding at the end the 
     following:
       ``(g) Core Programs Financing Rate.--For purposes of this 
     section--
       ``(1) In general.--Except as provided in paragraph (2)--
       ``(A) in the case of gasoline and special motor fuels the 
     tax rate of which is the rate specified in section 
     4081(a)(2)(A)(i), the core programs financing rate is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 9.6 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 6.4 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 5.0 cents per gallon, and
       ``(v) after September 30, 2017, 3.7 cents per gallon, and
       ``(B) in the case of kerosene, diesel fuel, and special 
     motor fuels the tax rate of which is the rate specified in 
     section 4081(a)(2)(A)(iii), the core programs financing rate 
     is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     24.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 12.7 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 8.5 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 6.6 cents per gallon, and
       ``(v) after September 30, 2017, 5.0 cents per gallon.
       ``(2) Application of rate.--In the case of fuels used as 
     described in paragraph (3)(C), (4)(B), and (5) of subsection 
     (c), the core programs financing rate is zero.''.
       (c) Termination of Transfers to Mass Transit Account.--
     Section 9503(e)(2) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, and before October 1, 2013'' after 
     ``March 31, 1983''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on October 1, 
     2013.
       (2) Certain extensions.--The amendments made by subsection 
     (b)(1) shall take effect on April 1, 2012.

     SEC. 4. INFRASTRUCTURE SPECIAL ASSISTANCE FUND.

       (a) Balance of Core Programs Financing Rate Deposited in 
     Fund.--Section 9503 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(h) Establishment of Infrastructure Special Assistance 
     Fund.--
       ``(1) Creation of fund.--There is established in the 
     Highway Trust Fund a separate fund to be known as the 
     `Infrastructure Special Assistance Fund' consisting of such 
     amounts as may be transferred or credited to the 
     Infrastructure Special Assistance Fund as provided in this 
     subsection or section 9602(b).
       ``(2) Transfers to infrastructure special assistance 
     fund.--On the first day of each fiscal year, the Secretary, 
     in consultation with the Secretary of Transportation, shall 
     determine the excess (if any) of--
       ``(A) the sum of--
       ``(i) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the core programs financing rate for such 
     year, plus
       ``(ii) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to taxes under sections 4051, 4071, and 4481 for 
     such year, over
       ``(B) the amount appropriated under subsection (c) for such 
     fiscal year,

     and shall transfer such excess to the Infrastructure Special 
     Assistance Fund.
       ``(3) Expenditures from infrastructure special assistance 
     fund.--
       ``(A) Transitional assistance.--
       ``(i) In general.--Except as provided in clause (iii), 
     during fiscal years 2014 through 2017, $1,000,000,000 in the 
     Infrastructure Special Assistance Fund shall be available to 
     States for transportation-related program expenditures.

[[Page S644]]

       ``(ii) State share.--Each State is entitled to a share of 
     the amount specified in clause (i) determined in the 
     following manner:

       ``(I) Multiply the percentage of the amounts appropriated 
     in the latest fiscal year for which such data are available 
     to the Highway Trust Fund under subsection (b) which is 
     attributable to taxes paid by highway users in the State, by 
     the amount specified in clause (i). If the result does not 
     exceed $15,000,000, the State's share equals $15,000,000. If 
     the result exceeds $15,000,000, the State's share is 
     determined under subclause (II).
       ``(II) Multiply the percentage determined under subclause 
     (I), by the amount specified in clause (i) reduced by an 
     amount equal to $15,000,000 times the number of States the 
     share of which is determined under subclause (I).

       ``(iii) Distribution of remaining amount.--If after 
     September 30, 2017, a portion of the amount specified in 
     clause (i) remains, the Secretary, in consultation with the 
     Secretary of Transportation, shall, on October 1, 2017, 
     apportion the portion among the States using the percentages 
     determined under clause (ii)(I) for such States.
       ``(B) Additional expenditures from fund.--
       ``(i) In general.--Amounts in the Infrastructure Special 
     Assistance Fund, in excess of the amount specified in 
     subparagraph (A)(i), shall be available, as provided by 
     appropriation Acts, to the States for any surface 
     transportation (including mass transit and rail) purpose in 
     such States, and the Secretary shall apportion such excess 
     amounts among all States using the percentages determined 
     under clause (ii)(I) for such States.
       ``(ii) Enforcement.--If the Secretary determines that a 
     State has used amounts under clause (i) for a purpose which 
     is not a surface transportation purpose as described in 
     clause (i), the improperly used amounts shall be deducted 
     from any amount the State would otherwise receive from the 
     Highway Trust Fund for the fiscal year which begins after the 
     date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 5. RETURN OF EXCESS TAX RECEIPTS TO STATES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following:
       ``(6) Return of excess tax receipts to states for surface 
     transportation purposes.--
       ``(A) In general.--On the first day of each of fiscal years 
     2014, 2015, 2016, and 2017, the Secretary, in consultation 
     with the Secretary of Transportation, shall--
       ``(i) determine the excess (if any) of--

       ``(I) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the taxes described in paragraphs (1) and (2) 
     thereof (after the application of paragraph (4) thereof) over 
     the sum of--
       ``(II) the amounts so appropriated which are equivalent 
     to--

       ``(aa) such amounts attributable to the core programs 
     financing rate for such year, plus
       ``(bb) the taxes described in paragraphs (3)(C), (4)(B), 
     and (5) of subsection (c), and
       ``(ii) allocate the amount determined under clause (i) 
     among the States (as defined in section 101(a) of title 23, 
     United States Code) for surface transportation (including 
     mass transit and rail) purposes so that--

       ``(I) the percentage of that amount allocated to each 
     State, is equal to
       ``(II) the percentage of the amount determined under clause 
     (i)(I) paid into the Highway Trust Fund in the latest fiscal 
     year for which such data are available which is attributable 
     to highway users in the State.

       ``(B) Enforcement.--If the Secretary determines that a 
     State has used amounts under subparagraph (A) for a purpose 
     which is not a surface transportation purpose as described in 
     subparagraph (A), the improperly used amounts shall be 
     deducted from any amount the State would otherwise receive 
     from the Highway Trust Fund for the fiscal year which begins 
     after the date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 6. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``3.7 cents''; and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``5.0 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``4.1 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``5.0 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``1.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after March 31, 2012)'' and inserting 
     ``1.4 cents per gallon (zero after September 30, 2020)''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``24.3 cents'' and inserting ``5.0 cents''.
       (3) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``3.7 cents''.
       (4) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2020,'';
       (B) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``1.8 cents'';
       (C) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``2.3 cents''; and
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) zero after September 30, 2020.''.
       (5) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon after March 31, 2012'' and inserting 
     ``zero after September 30, 2020''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), by striking ``April 1, 
     2012'' both places it appears and inserting ``October 1, 
     2020'';
       (B) in the heading of paragraph (2), by striking ``April 1, 
     2012'' and inserting ``October 1, 2020'';
       (C) in paragraph (2), by striking ``after March 31, 2012, 
     and before January 1, 2013'' and inserting ``after September 
     30, 2020, and before July 1, 2021''; and
       (D) in paragraph (6)(B), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2017, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid; and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;

     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2018; and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2017--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2018; and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuel removed 
     after September 30, 2017.
       (2) Certain conforming amendments.--The amendments made by 
     subsections (b)(1), (b)(4), (b)(5), and (b)(6) shall apply to 
     fuel removed after September 30, 2011.

     SEC. 7. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, after consultation with the appropriate committees of 
     Congress, the Secretary of Transportation shall submit a 
     report to Congress describing such technical and conforming 
     amendments to titles 23 and 49, United States Code, and such 
     technical and conforming amendments to other laws, as are 
     necessary to bring those titles and other laws into 
     conformity with the policy embodied in this Act and the 
     amendments made by this Act.

     SEC. 8. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF DEFICIT 
                   NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this Act will become effective only if the Director of 
     the Office of Management and Budget certifies that this Act 
     is deficit neutral;
       (2) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this Act; and
       (3) the tax reduction made by this Act is not scored under 
     pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (b) Effective Date Contingency.--Notwithstanding any other 
     provision of this Act, this Act and the amendments made by 
     this Act shall take effect only if--
       (1) the Director of the Office of Management and Budget 
     (referred to in this section as the ``Director'') submits the 
     report as required in subsection (c); and

[[Page S645]]

       (2) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2018.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     date of enactment of this Act, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     Act for each fiscal year through fiscal year 2018;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     Act for each fiscal year through fiscal year 2018;
       (C) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2018; and
       (D) submit to Congress a report setting forth the estimates 
     and determination.
       (2) Applicable assumptions and guidelines.--
       (A) Revenue estimates.--The revenue estimates required 
     under paragraph (1)(A) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (B) Outlay estimates.--The outlay estimates required under 
     paragraph (1)(B) shall be determined by comparing the level 
     of discretionary outlays resulting from this Act with the 
     corresponding level of discretionary outlays projected in the 
     baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (d) Conforming Adjustment to Discretionary Spending 
     Limits.--On compliance with the requirements specified in 
     subsection (b), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2013 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under subsection 
     (c)(1)(B).
       (e) Paygo Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this Act shall be counted for 
     the purposes of section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)).
                                 ______
                                 
  SA 1588. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF RENEWABLE FUEL PROGRAM.

       (a) In General.--Section 211 of the Clean Air Act (42 
     U.S.C. 7545) is amended by striking subsection (o).
       (b) Conforming Amendments.--
       (1) Section 107(a)(1)(B) of the Petroleum Marketing 
     Practices Act (15 U.S.C. 2807(a)(1)(B)) is amended by 
     striking ``(as defined in regulations adopted pursuant to 
     section 211(o) of the Clean Air Act (40 CFR, part 80))''.
       (2) Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) 
     is amended--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``(n), or (o)'' each 
     place it appears and inserting ``or (n)''; and
       (ii) in the second sentence, by striking ``(m), or (o)'' 
     and inserting ``or (m)''; and
       (B) in the first sentence of paragraph (2), by striking 
     ``(n), and (o)'' each place it appears and inserting ``and 
     (n)''.
                                 ______
                                 
  SA 1589. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE ___--REPEAL OF ENERGY TAX SUBSIDIES

     SEC. __100. REFERENCE TO 1986 CODE.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Internal Revenue Code of 1986.

     SEC. __101. REPEAL OF CREDIT FOR ALCOHOL FUEL, BIODIESEL, AND 
                   ALTERNATIVE FUEL MIXTURES.

       (a) In General.--Section 6426 is repealed.
       (b) Conforming Amendments.--
       (1) Subparagraph (D) of section 6427(e)(6) of such Code is 
     amended by striking ``September 30, 2014'' and inserting 
     ``September 30, 2012''.
       (2) Paragraph (1) of section 4101(a) is amended by striking 
     ``or alcohol (as defined in section 6426(b)(4)(A)''.
       (3) Paragraph (2) of section 4104(a) is amended by striking 
     ``6426, or 6427(e)''.
       (4) Subparagraph (E) of section 7704(d)(1) is amended--
       (A) by inserting ``(as in effect on the day before the date 
     of the enactment of the Energy Freedom and Economic 
     Prosperity Act)'' after ``of section 6426'', and
       (B) by inserting ``(as so in effect)'' after ``section 
     6426(b)(4)(A)''.
       (5) Paragraph (1) of section 9503(b) is amended by striking 
     the second sentence.
       (c) Clerical Amendment.--The table of sections for 
     subchapter B of chapter 65 is amended by striking the item 
     relating to section 6426.
       (d) Effective.--The amendments made by this section shall 
     apply with respect to fuel sold and used after December 31, 
     2012.

     SEC. __102. REPEAL OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC 
                   VEHICLES.

       (a) In General.--Section 30 is repealed.
       (b) Conforming Amendments.--
       (1) Paragraph (3) of section 24(b) is amended by striking 
     ``, 30''.
       (2) Clause (ii) of section 25(e)(1)(C) is amended by 
     striking ``, 30''.
       (3) Paragraph (2) of section 25B(g) is amended by striking 
     ``, 30''.
       (4) Paragraph (1) of section 26(a) is amended by striking 
     ``, 30''.
       (5) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by 
     inserting ``(as in effect on the day before the date of the 
     enactment of the Energy Freedom and Economic Prosperity 
     Act)'' after ``section 30(d)''.
       (6) Paragraph (3) of section 179A(c) is amended by 
     inserting ``(as in effect on the day before the date of the 
     enactment of the Energy Freedom and Economic Prosperity 
     Act)'' after section ``30(c)''.
       (7) Subsection (a) of section 1016 is amended by striking 
     paragraph (25) and by redesignating paragraphs (26) through 
     (37) as paragraphs (25) through (36), respectively.
       (8) Subsection (m) of section 6501 is amended by striking 
     ``30(e)(6)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2011.

     SEC. __103. EARLY TERMINATION OF CREDIT FOR QUALIFIED FUEL 
                   CELL MOTOR VEHICLES.

       (a) In General.--Section 30B is repealed.
       (b) Conforming Amendments.--
       (1) Subparagraph (A) of section 24(b)(3) is amended by 
     striking ``, 30B''.
       (2) Clause (ii) of section 25(e)(1)(C) is amended by 
     striking ``, 30B''.
       (3) Paragraph (2) of section 25B(g) is amended by striking 
     ``, 30B,''.
       (4) Paragraph (1) of section 26(a) is amended by striking 
     ``, 30B''.
       (5) Subsection (b) of section 38 is amended by striking 
     paragraph (25).
       (6) Subsection (a) of section 1016, as amended by section 
     102 of this Act, is amended by striking paragraph (33) and by 
     redesignating paragraphs (34), (35), and (36) as paragraphs 
     (33), (34), and (35), respectively.
       (7) Paragraph (2) of section 1400C(d) is amended by 
     striking ``, 30B''.
       (8) Subsection (m) of section 6501 is amended by striking 
     ``, 30B(h)(9)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __104. REPEAL OF ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

       (a) In General.--Section 30C is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (26).
       (2) Paragraph (3) of section 55(c) is amended by striking 
     ``, 30C(d)(2),''.
       (3) Subsection (a) of section 1016, as amended by sections 
     102 and 103 of this Act, is amended by striking paragraph 
     (33) and by redesignating paragraph (34) and (35) as 
     paragraphs (33) and (34), respectively.
       (4) Subsection (m) of section 6501 is amended by striking 
     ``, 30C(e)(5)''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 30C.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __105. REPEAL OF CREDIT FOR ALCOHOL USED AS FUEL.

       (a) In General.--Section 40 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (3).
       (2) Subsection (c) of section 196 is amended by striking 
     paragraph (3) and by redesignating paragraphs (4) through 
     (14) as paragraphs (3) through (13), respectively.
       (3) Paragraph (1) of section 4101(a) is amended by striking 
     ``, and every person producing cellulosic biofuel (as defined 
     in section 40(b)(6)(E))''.
       (4) Paragraph (1) of section 4104(a) is amended by striking 
     ``, 40''.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 40.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2012.

[[Page S646]]

     SEC. __106. REPEAL OF CREDIT FOR BIODIESEL AND RENEWABLE 
                   DIESEL USED AS FUEL.

       (a) In General.--Section 40A is repealed.
       (b) Conforming Amendment.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (17).
       (2) Section 87 is repealed.
       (3) Subsection (c) of section 196, as amended by section 
     106 of this Act, is amended by striking paragraph (11) and by 
     redesignating paragraphs (11), (12), and (13) as paragraphs 
     (10), (11), and (12), respectively.
       (4) Paragraph (1) of section 4101(a) is amended by striking 
     ``, every person producing or importing biodiesel (as defined 
     in section 40A(d)(1)''.
       (5) Paragraph (1) of section 4104(a) is amended by striking 
     ``, and 40A''.
       (6) Subparagraph (E) of section 7704(d)(1) is amended by 
     inserting ``(as so in effect)'' after ``section 40A(d)(1)''.
       (c) Clerical Amendments.--
       (1) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 is amended by striking the item 
     relating to section 40A.
       (2) The table of sections for part II of subchapter A of 
     chapter 1 is amended by striking the item relating to section 
     87.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel produced, and sold or used, after 
     December 31, 2011.

     SEC. __107. REPEAL OF ENHANCED OIL RECOVERY CREDIT.

       (a) In General.--Section 43 is repealed.
       (b) Conforming Amendments.--
       (1) Subsection (b) of section 38 is amended by striking 
     paragraph (6).
       (2) Paragraph (4) of section 45Q(d) is amended by inserting 
     ``(as in effect on the day before the date of the enactment 
     of the Energy Freedom and Economic Prosperity Act)'' after 
     ``section 43(c)(2)''.
       (3) Subsection (c) of section 196, as amended by sections 
     106 and 107 of this Act, is amended by striking paragraph (5) 
     and by redesignating paragraphs (6) through (12) as 
     paragraphs (5) through (11), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 43.
       (d) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred in taxable years 
     beginning after December 31, 2012.

     SEC. __108. TERMINATION OF CREDIT FOR ELECTRICITY PRODUCED 
                   FROM CERTAIN RENEWABLE RESOURCES.

       (a) In General.--Subsection (d) of section 45 is amended--
       (1) by striking ``2013'' in paragraph (1) and inserting 
     ``2012'', and
       (2) by striking ``2014'' each place it appears in 
     paragraphs (2), (3), (4), (6), (7), (9), and (11) and 
     inserting ``2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __109. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM 
                   MARGINAL WELLS.

       (a) In General.--Section 45I is repealed.
       (b) Conforming Amendment.--Subsection (b) of section 38 is 
     amended by striking paragraph (19).
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 45I.
       (d) Effective Date.--The amendments made by this section 
     shall apply to production in taxable years beginning after 
     December 31, 2012.

     SEC. __110. TERMINATION OF CREDIT FOR PRODUCTION FROM 
                   ADVANCED NUCLEAR POWER FACILITIES.

       (a) In General.--Subparagraph (B) of section 45J(d)(1) is 
     amended by striking ``January 1, 2021'' and inserting 
     ``January 1, 2013''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __111. REPEAL OF CREDIT FOR CARBON DIOXIDE 
                   SEQUESTRATION.

       (a) In General.--Section 45Q is repealed.
       (b) Conforming Amendment.--Subsection (b) of section 38 is 
     amended by striking paragraph (34).
       (c) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 45Q.
       (d) Effective Date.--The amendments made by this section 
     shall apply to carbon dioxide captured after December 31, 
     2012.

     SEC. __112. TERMINATION OF ENERGY CREDIT.

       (a) In General.--Section 48 is amended--
       (1) by striking ``January 1, 2017'' each place it appears 
     and inserting ``January 1, 2013'',
       (2) by striking ``December 31, 2016'' each place it appears 
     and inserting ``December 31, 2012'', and
       (3) by striking ``2012, or 2013'' in subsection 
     (a)(5)(C)(ii) and inserting ``or 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __113. REPEAL OF QUALIFYING ADVANCED COAL PROJECT.

       (a) In General.--Section 48A is repealed.
       (b) Conforming Amendment.--Section 46 is amended by 
     striking paragraph (3) and by redesignating paragraphs (4), 
     (5), and (6) as paragraphs (3), (4), and (5), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48A.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __114. REPEAL OF QUALIFYING GASIFICATION PROJECT CREDIT.

       (a) In General.--Section 48B is repealed.
       (b) Conforming Amendment.--Section 46, as amended by this 
     Act, is amended by striking paragraph (3) and by 
     redesignating paragraphs (4) and (5) as paragraphs (3) and 
     (4), respectively.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 48B.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2012.

     SEC. __115. REPEAL OF AMERICAN RECOVERY AND REINVESTMENT ACT 
                   OF 2009 ENERGY GRANT PROGRAM.

       (a) In General.--Section 1603 of division B of the American 
     Recovery and Reinvestment Act of 2009 is repealed.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2011.

           TITLE ___--REDUCTION OF CORPORATE INCOME TAX RATE

     SEC. __201. CORPORATE INCOME TAX RATE REDUCED.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall prescribe proportionate modifications to each of the 
     rates of tax under paragraph (1) of section 11(b) of the 
     Internal Revenue Code of 1986 such that--
       (1) the decrease in revenue to the Treasury for taxable 
     years beginning during the 10-year period beginning on the 
     date of the enactment of this Act, as estimated by the 
     Secretary, is equal to
       (2) the increase in revenue for such taxable years by 
     reason of the amendments made by title I of this Act, as 
     estimated by the Secretary.

     The appropriate corresponding changes shall be made to the 
     dollar amounts contained in the last 2 sentences of section 
     11(b)(1) of such Code and to the rates of tax under section 
     11(b)(2) of such Code, section 1201(a) of such Code, and 
     paragraphs (1), (2), and (6) of section 1445(e) of such Code.
       (b) Effective Date.--The rates prescribed by the Secretary 
     under subsection (a) shall apply to taxable years beginning 
     more than 1 year after the date of the enactment of this Act. 
     Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is 
     repealed.
                                 ______
                                 
  SA 1590. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

       Section 9 of the National Labor Relations Act (29 U.S.C. 
     159) is amended--
       (1) in subsection (b), by inserting ``prior to an 
     election'' after ``in each case''; and
       (2) in subsection (c)--
       (A) in the flush matter following paragraph (1)(B)--
       (i) by inserting ``of 14 days in advance'' after 
     ``appropriate hearing upon due notice'';
       (ii) by inserting ``, and a review of post-hearing 
     appeals,'' after ``the record of such hearing''; and
       (iii) by adding at the end the following: ``No election 
     shall be conducted less than 40 calendar days following the 
     filing of an election petition. The employer shall provide 
     the Board a list of employee names and home addresses of all 
     eligible voters within 7 days following the Board's 
     determination of the appropriate unit or following any 
     agreement between the employer and the labor organization 
     regarding the eligible voters.''; and
       (B) by adding at the end the following:
       ``(6)(A) No election shall take place after the filing of 
     any petition unless and until--
       ``(i) a hearing is conducted before a qualified hearing 
     officer in accordance with due process on any and all 
     material, factual issues regarding jurisdiction, statutory 
     coverage, appropriate unit, unit inclusion or exclusion, or 
     eligibility of individuals; and
       ``(ii) the issues are resolved by a Regional Director, 
     subject to appeal and review, or by the Board.
       ``(B) No election results shall be final and no labor 
     organization shall be certified as the bargaining 
     representative of the employees in an appropriate unit unless 
     and until the Board has ruled on--
       ``(i) each pre-election issue not resolved before the 
     election; and
       ``(ii) the resolution, following a hearing conducted in 
     accordance with due process, of each issue pertaining to the 
     conduct or results of the election.''.
                                 ______
                                 
  SA 1591. Mr. KOHL (for himself, Ms. Klobuchar, and Mr. Vitter) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:


[[Page S647]]


       At the end of the amendment, insert the following:

         TITLE ___--RAILROAD ANTITRUST ENFORCEMENT ACT OF 2012

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Railroad Antitrust 
     Enforcement Act of 2012''.

     SEC. _02. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.

       The proviso in section 16 of the Clayton Act (15 U.S.C. 26) 
     ending with ``Code.'' is amended to read as follows: 
     ``Provided, That nothing herein contained shall be construed 
     to entitle any person, firm, corporation, or association, 
     except the United States, to bring suit for injunctive relief 
     against any common carrier that is not a railroad subject to 
     the jurisdiction of the Surface Transportation Board under 
     subtitle IV of title 49, United States Code.''.

     SEC. _03. MERGERS AND ACQUISITIONS OF RAILROADS.

       The sixth undesignated paragraph of section 7 of the 
     Clayton Act (15 U.S.C. 18) is amended to read as follows:
       ``Nothing contained in this section shall apply to 
     transactions duly consummated pursuant to authority given by 
     the Secretary of Transportation, Federal Power Commission, 
     Surface Transportation Board (except for transactions 
     described in section 11321 of that title), the Securities and 
     Exchange Commission in the exercise of its jurisdiction under 
     section 10 (of the Public Utility Holding Company Act of 
     1935), the United States Maritime Commission, or the 
     Secretary of Agriculture under any statutory provision 
     vesting such power in the Commission, Board, or Secretary.''.

     SEC. _04. LIMITATION OF PRIMARY JURISDICTION.

       The Clayton Act is amended by adding at the end thereof the 
     following:
       ``Sec. 29.  In any civil action against a common carrier 
     railroad under section 4, 4C, 15, or 16 of this Act, the 
     district court shall not be required to defer to the primary 
     jurisdiction of the Surface Transportation Board.''.

     SEC. _05. FEDERAL TRADE COMMISSION ENFORCEMENT.

       (a) Clayton Act.--Section 11(a) of the Clayton Act (15 
     U.S.C. 21(a)) is amended by striking ``subject to 
     jurisdiction'' and all that follows through the first 
     semicolon and inserting ``subject to jurisdiction under 
     subtitle IV of title 49, United States Code (except for 
     agreements described in section 10706 of that title and 
     transactions described in section 11321 of that title);''.
       (b) FTC Act.--Section 5(a)(2) of the Federal Trade 
     Commission Act (15 U.S.C. 45(a)(2)) is amended by striking 
     ``common carriers subject'' and inserting ``common carriers, 
     except for railroads, subject''.

     SEC. _06. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON 
                   CARRIERS.

       Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
       (1) redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) inserting after subsection (a) the following:
       ``(b) Subsection (a) shall apply to a common carrier by 
     railroad subject to the jurisdiction of the Surface 
     Transportation Board under subtitle IV of title 49, United 
     States Code, without regard to whether such railroads have 
     filed rates or whether a complaint challenging a rate has 
     been filed.''.

     SEC. _07. TERMINATION OF EXEMPTIONS IN TITLE 49.

       (a) In General.--Section 10706 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``, and the Sherman 
     Act (15 U.S.C. 1 et seq.),'' and all that follows through 
     ``or carrying out the agreement'' in the third sentence;
       (B) in paragraph (4)--
       (i) by striking the second sentence; and
       (ii) by striking ``However, the'' in the third sentence and 
     inserting ``The''; and
       (C) in paragraph (5)(A), by striking ``, and the antitrust 
     laws set forth in paragraph (2) of this subsection do not 
     apply to parties and other persons with respect to making or 
     carrying out the agreement''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     proposed agreement described in subsection (a) from the 
     application of the Sherman Act (15 U.S.C. 1 et seq.), the 
     Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of 
     the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 
     19, 1936 (15 U.S.C. 13, 13a, 13b, 21a).
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such proposed agreement for the purpose of any provision 
     of law described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     proposed agreement on shippers, on consumers, and on affected 
     communities.''.
       (b) Combinations.--Section 11321 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``The authority'' in the first sentence and 
     inserting ``Except as provided in sections 4 (15 U.S.C. 15), 
     4C (15 U.S.C. 15c), section 15 (15 U.S.C. 25), and section 16 
     (15 U.S.C. 26) of the Clayton Act (15 U.S.C. 21(a)), the 
     authority''; and
       (B) by striking ``is exempt from the antitrust laws and 
     from all other law,'' in the third sentence and inserting 
     ``is exempt from all other law (except the antitrust laws 
     referred to in subsection (c)),''; and
       (2) by adding at the end the following:
       ``(c) Application of Antitrust Laws.--
       ``(1) In general.--Nothing in this section exempts a 
     transaction described in subsection (a) from the application 
     of the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
     U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 
     U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act 
     (15 U.S.C. 8-9), or the Act of June 19, 1936 (15 U.S.C. 13, 
     13a, 13b, 21a). The preceding sentence shall not apply to any 
     transaction relating to the pooling of railroad cars approved 
     by the Surface Transportation Board or its predecessor agency 
     pursuant to section 11322 of title 49, United States Code.
       ``(2) Antitrust analysis to consider impact.--In reviewing 
     any such transaction for the purpose of any provision of law 
     described in paragraph (1), the Board shall take into 
     account, among any other considerations, the impact of the 
     transaction on shippers and on affected communities.''.
       (c) Conforming Amendments.--
       (1) The heading for section 10706 of title 49, United 
     States Code, is amended to read as follows: ``Rate 
     agreements''.
       (2) The item relating to such section in the chapter 
     analysis at the beginning of chapter 107 of such title is 
     amended to read as follows:

``10706. Rate agreements.''.

     SEC. _08. EFFECTIVE DATE.

       (a) In General.--Subject to the provisions of subsection 
     (b), this title shall take effect on the date of enactment of 
     this title.
       (b) Conditions.--
       (1) Previous conduct.--A civil action under section 4, 15, 
     or 16 of the Clayton Act (15 U.S.C. 15, 25, 26) or complaint 
     under section 5 of the Federal Trade Commission Act (15 
     U.S.C. 45) may not be filed with respect to any conduct or 
     activity that occurred prior to the date of enactment of this 
     title that was previously exempted from the antitrust laws as 
     defined in section 1 of the Clayton Act (15 U.S.C. 12) by 
     orders of the Interstate Commerce Commission or the Surface 
     Transportation Board issued pursuant to law.
       (2) Grace period.--A civil action or complaint described in 
     paragraph (1) may not be filed earlier than 180 days after 
     the date of enactment of this title with respect to any 
     previously exempted conduct or activity or previously 
     exempted agreement that is continued subsequent to the date 
     of enactment of this Act.
                                 ______
                                 
  SA 1592. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL INFLATION ADJUSTMENTS.

       Section 28103 of title 49, United States Code, is amended--
       (1) in subsection (a)(2), by adding at the end the 
     following: ``Such amount shall be adjusted annually by the 
     Secretary of Transportation to reflect changes in the 
     Consumer Price Index-All Urban Consumers.''; and
       (2) in subsection (c), by adding at the end the following: 
     ``Such amount shall be adjusted annually by the Secretary of 
     Transportation to reflect changes in the Consumer Price 
     Index-All Urban Consumers.''.
                                 ______
                                 
  SA 1593. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Transportation Empowerment 
     Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) that objective has been attained, and the Interstate 
     System connecting all States is near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the Federal Government's perceptions of what 
     is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;

[[Page S648]]

       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this Act are--
       (1) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (2) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (3) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (4) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (5) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

     SEC. 3. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Funding.--For the purpose of carrying out title 23, 
     United States Code, the following sums are authorized to be 
     appropriated out of the Highway Trust Fund:
       (A) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States Code, $5,200,000,000 for fiscal year 2014, 
     $5,280,000,000 for fiscal year 2015, $5,360,000,000 for 
     fiscal year 2016, $5,440,000,000 for fiscal year 2017, and 
     $5,520,000,000 for fiscal year 2018.
       (B) Emergency relief.--For emergency relief under section 
     125 of that title, $100,000,000 for each of fiscal years 2014 
     through 2018.
       (C) Interstate bridge program.--For the Interstate bridge 
     program under section 144 of that title, $2,527,000,000 for 
     fiscal year 2014, $2,597,000,000 for fiscal year 2015, 
     $2,667,000,000 for fiscal year 2016, $2,737,000,000 for 
     fiscal year 2017, and $2,807,000,000 for fiscal year 2018.
       (D) Federal lands highways program.--
       (i) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title, $470,000,000 for fiscal year 
     2014, $510,000,000 for fiscal year 2015, $550,000,000 for 
     fiscal year 2016, $590,000,000 for fiscal year 2017, and 
     $630,000,000 for fiscal year 2018.
       (ii) Public lands highways.--For public lands highways 
     under section 204 of that title, $300,000,000 for fiscal year 
     2014, $310,000,000 for fiscal year 2015, $320,000,000 for 
     fiscal year 2016, $330,000,000 for fiscal year 2017, and 
     $340,000,000 for fiscal year 2018.
       (iii) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title, $255,000,000 for fiscal year 
     2014, $270,000,000 for fiscal year 2015, $285,000,000 for 
     fiscal year 2016, $300,000,000 for fiscal year 2017, and 
     $315,000,000 for fiscal year 2018.
       (iv) Refuge roads.--For refuge roads under section 204 of 
     that title, $32,000,000 for each of fiscal years 2014 through 
     2018.
       (E) Highway safety programs.--
       (i) In general.--For highway safety programs under section 
     402 of that title, $170,000,000 for each of fiscal years 2014 
     through 2018.
       (ii) Highway safety research and development.--For highway 
     safety research and development under section 403 of that 
     title, $35,000,000 for each of fiscal years 2014 through 
     2018.
       (F) Surface transportation research.--For cooperative 
     agreements with nonprofit research organizations to carry out 
     applied pavement research under section 502 of that title, 
     $200,000,000 for each of fiscal years 2014 through 2018.
       (G) Administrative expenses.--For administrative expenses 
     incurred in carrying out the programs referred to in 
     subparagraphs (A) through (F), $92,890,000 for fiscal year 
     2014, $95,040,000 for fiscal year 2015, $97,190,000 for 
     fiscal year 2016, $99,340,000 for fiscal year 2017, and 
     $101,490,000 for fiscal year 2018.
       (2) Transferability of funds.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (g) and 
     inserting the following:
       ``(g) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose are in excess of the needs of the State for that 
     purpose, the State may transfer the excess funds to, and use 
     the excess funds for, any surface transportation (including 
     mass transit and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''.
       (3) Federal-aid system.--Section 103(a) of title 23, United 
     States Code, is amended by striking ``systems are the 
     Interstate System and the National Highway System'' and 
     inserting ``system is the Interstate System''.
       (4) Interstate maintenance program.--Section 104(b) of 
     title 23, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Interstate maintenance component.--For each of fiscal 
     years 2014 through 2018, for the Interstate maintenance 
     program under section 119, 1 percent to the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands and the remaining 99 percent apportioned as 
     follows:
       ``(A)(i) For each State with an average population density 
     of 20 persons or fewer per square mile, and each State with a 
     population of 1,500,000 persons or fewer and with a land area 
     of 10,000 square miles or less, the greater of--
       ``(I) a percentage share of apportionments equal to the 
     percentage for the State described in clause (ii); or
       ``(II) a share determined under subparagraph (B).
       ``(ii) The percentage referred to in clause (i)(I) for a 
     State for a fiscal year shall be the percentage calculated 
     for the State for the fiscal year under section 105(b) of 
     title 23, United States Code.
       ``(B) For each State not described in subparagraph (A), a 
     share of the apportionments remaining determined in 
     accordance with the following formula:
       ``(i) \1/9\ in the ratio that the total rural lane miles in 
     each State bears to the total rural lane miles in all States 
     with an average population density greater than 20 persons 
     per square mile and all States with a population of more than 
     1,500,000 persons and with a land area of more than 10,000 
     square miles.
       ``(ii) \1/9\ in the ratio that the total rural vehicle 
     miles traveled in each State bears to the total rural vehicle 
     miles traveled in all States described in clause (i).
       ``(iii) \2/9\ in the ratio that the total urban lane miles 
     in each State bears to the total urban lane miles in all 
     States described in clause (i).
       ``(iv) \2/9\ in the ratio that the total urban vehicle 
     miles traveled in each State bears to the total urban vehicle 
     miles traveled in all States described in clause (i).
       ``(v) \3/9\ in the ratio that the total diesel fuel used in 
     each State bears to the total diesel fuel used in all States 
     described in clause (i).''.
       (5) Interstate bridge program.--Section 144 of title 23, 
     United States Code, is amended--
       (A) in subsection (d)--
       (i) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridge'' each place it 
     appears; and
       (ii) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridges'' each place 
     it appears;
       (B) in the second sentence of subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) in paragraph (2), by striking the comma at the end and 
     inserting a period; and
       (iii) by striking paragraphs (3) and (4);
       (C) in the first sentence of subsection (k), by inserting 
     ``on the Federal-aid system or described in subsection 
     (c)(3)'' after ``any bridge'';
       (D) in subsection (l)(1), by inserting ``on the Federal-aid 
     system or described in subsection (c)(3)'' after ``construct 
     any bridge''; and
       (E) in the first sentence of subsection (m), by inserting 
     ``for each of fiscal years 1991 through 2013,'' after ``of 
     law,''.
       (6) National defense highways.--Section 311 of title 23, 
     United States Code, is amended--
       (A) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (B) by striking the second sentence.
       (7) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2013--
       (A) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (B) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (C)(i) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and

[[Page S649]]

       (ii) after completion of a reimbursement described in 
     clause (i), a highway construction or improvement project 
     described in that clause shall no longer be considered to be 
     a Federal highway construction or improvement project.
       (8) Reporting requirements.--No reporting requirement, 
     other than a reporting requirement in effect as of the date 
     of enactment of this Act, shall apply on or after October 1, 
     2013, to the use of Federal funds for highway projects by a 
     public-private partnership.
       (b) Expenditures From Highway Trust Fund.--
       (1) Expenditures for core programs.--Section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in paragraph (1), by striking ``Surface Transportation 
     Extension Act of 2011, Part II'' and inserting 
     ``Transportation Empowerment Act'';
       (B) in paragraph (1), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018'';
       (C) in paragraphs (3)(A)(i), (4)(A), and (5), by striking 
     ``April 1, 2012'' each place it appears and inserting 
     ``October 1, 2020''; and
       (D) in paragraph (2), by striking ``January 1, 2013'' and 
     inserting ``July 1, 2021''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of such Code is amended by adding at the end the 
     following:
       ``(g) Core Programs Financing Rate.--For purposes of this 
     section--
       ``(1) In general.--Except as provided in paragraph (2)--
       ``(A) in the case of gasoline and special motor fuels the 
     tax rate of which is the rate specified in section 
     4081(a)(2)(A)(i), the core programs financing rate is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 9.6 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 6.4 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 5.0 cents per gallon, and
       ``(v) after September 30, 2017, 3.7 cents per gallon, and
       ``(B) in the case of kerosene, diesel fuel, and special 
     motor fuels the tax rate of which is the rate specified in 
     section 4081(a)(2)(A)(iii), the core programs financing rate 
     is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     24.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 12.7 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 8.5 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 6.6 cents per gallon, and
       ``(v) after September 30, 2017, 5.0 cents per gallon.
       ``(2) Application of rate.--In the case of fuels used as 
     described in paragraph (3)(C), (4)(B), and (5) of subsection 
     (c), the core programs financing rate is zero.''.
       (c) Termination of Transfers to Mass Transit Account.--
     Section 9503(e)(2) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, and before October 1, 2013'' after 
     ``March 31, 1983''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on October 1, 
     2013.
       (2) Certain extensions.--The amendments made by subsection 
     (b)(1) shall take effect on April 1, 2012.

     SEC. 4. INFRASTRUCTURE SPECIAL ASSISTANCE FUND.

       (a) Balance of Core Programs Financing Rate Deposited in 
     Fund.--Section 9503 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(h) Establishment of Infrastructure Special Assistance 
     Fund.--
       ``(1) Creation of fund.--There is established in the 
     Highway Trust Fund a separate fund to be known as the 
     `Infrastructure Special Assistance Fund' consisting of such 
     amounts as may be transferred or credited to the 
     Infrastructure Special Assistance Fund as provided in this 
     subsection or section 9602(b).
       ``(2) Transfers to infrastructure special assistance 
     fund.--On the first day of each fiscal year, the Secretary, 
     in consultation with the Secretary of Transportation, shall 
     determine the excess (if any) of--
       ``(A) the sum of--
       ``(i) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the core programs financing rate for such 
     year, plus
       ``(ii) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to taxes under sections 4051, 4071, and 4481 for 
     such year, over
       ``(B) the amount appropriated under subsection (c) for such 
     fiscal year,
     and shall transfer such excess to the Infrastructure Special 
     Assistance Fund.
       ``(3) Expenditures from infrastructure special assistance 
     fund.--
       ``(A) Transitional assistance.--
       ``(i) In general.--Except as provided in clause (iii), 
     during fiscal years 2014 through 2017, $1,000,000,000 in the 
     Infrastructure Special Assistance Fund shall be available to 
     States for transportation-related program expenditures.
       ``(ii) State share.--Each State is entitled to a share of 
     the amount specified in clause (i) determined in the 
     following manner:

       ``(I) Multiply the percentage of the amounts appropriated 
     in the latest fiscal year for which such data are available 
     to the Highway Trust Fund under subsection (b) which is 
     attributable to taxes paid by highway users in the State, by 
     the amount specified in clause (i). If the result does not 
     exceed $15,000,000, the State's share equals $15,000,000. If 
     the result exceeds $15,000,000, the State's share is 
     determined under subclause (II).
       ``(II) Multiply the percentage determined under subclause 
     (I), by the amount specified in clause (i) reduced by an 
     amount equal to $15,000,000 times the number of States the 
     share of which is determined under subclause (I).

       ``(iii) Distribution of remaining amount.--If after 
     September 30, 2017, a portion of the amount specified in 
     clause (i) remains, the Secretary, in consultation with the 
     Secretary of Transportation, shall, on October 1, 2017, 
     apportion the portion among the States using the percentages 
     determined under clause (ii)(I) for such States.
       ``(B) Additional expenditures from fund.--
       ``(i) In general.--Amounts in the Infrastructure Special 
     Assistance Fund, in excess of the amount specified in 
     subparagraph (A)(i), shall be available, as provided by 
     appropriation Acts, to the States for any surface 
     transportation (including mass transit and rail) purpose in 
     such States, and the Secretary shall apportion such excess 
     amounts among all States using the percentages determined 
     under clause (ii)(I) for such States.
       ``(ii) Enforcement.--If the Secretary determines that a 
     State has used amounts under clause (i) for a purpose which 
     is not a surface transportation purpose as described in 
     clause (i), the improperly used amounts shall be deducted 
     from any amount the State would otherwise receive from the 
     Highway Trust Fund for the fiscal year which begins after the 
     date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 5. RETURN OF EXCESS TAX RECEIPTS TO STATES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following:
       ``(6) Return of excess tax receipts to states for surface 
     transportation purposes.--
       ``(A) In general.--On the first day of each of fiscal years 
     2014, 2015, 2016, and 2017, the Secretary, in consultation 
     with the Secretary of Transportation, shall--
       ``(i) determine the excess (if any) of--

       ``(I) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the taxes described in paragraphs (1) and (2) 
     thereof (after the application of paragraph (4) thereof) over 
     the sum of--
       ``(II) the amounts so appropriated which are equivalent 
     to--

       ``(aa) such amounts attributable to the core programs 
     financing rate for such year, plus
       ``(bb) the taxes described in paragraphs (3)(C), (4)(B), 
     and (5) of subsection (c), and
       ``(ii) allocate the amount determined under clause (i) 
     among the States (as defined in section 101(a) of title 23, 
     United States Code) for surface transportation (including 
     mass transit and rail) purposes so that--

       ``(I) the percentage of that amount allocated to each 
     State, is equal to
       ``(II) the percentage of the amount determined under clause 
     (i)(I) paid into the Highway Trust Fund in the latest fiscal 
     year for which such data are available which is attributable 
     to highway users in the State.

       ``(B) Enforcement.--If the Secretary determines that a 
     State has used amounts under subparagraph (A) for a purpose 
     which is not a surface transportation purpose as described in 
     subparagraph (A), the improperly used amounts shall be 
     deducted from any amount the State would otherwise receive 
     from the Highway Trust Fund for the fiscal year which begins 
     after the date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 6. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``3.7 cents''; and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``5.0 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``4.1 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``5.0 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``1.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after March 31, 2012)'' and inserting 
     ``1.4 cents per gallon (zero after September 30, 2020)''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``24.3 cents'' and inserting ``5.0 cents''.

[[Page S650]]

       (3) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``3.7 cents''.
       (4) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2020,'';
       (B) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``1.8 cents'';
       (C) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``2.3 cents''; and
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) zero after September 30, 2020.''.
       (5) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon after March 31, 2012'' and inserting 
     ``zero after September 30, 2020''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), by striking ``April 1, 
     2012'' both places it appears and inserting ``October 1, 
     2020'';
       (B) in the heading of paragraph (2), by striking ``April 1, 
     2012'' and inserting ``October 1, 2020'';
       (C) in paragraph (2), by striking ``after March 31, 2012, 
     and before January 1, 2013'' and inserting ``after September 
     30, 2020, and before July 1, 2021''; and
       (D) in paragraph (6)(B), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2017, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid; and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2018; and
       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2017--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2018; and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuel removed 
     after September 30, 2017.
       (2) Certain conforming amendments.--The amendments made by 
     subsections (b)(1), (b)(4), (b)(5), and (b)(6) shall apply to 
     fuel removed after September 30, 2011.

     SEC. 7. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, after consultation with the appropriate committees of 
     Congress, the Secretary of Transportation shall submit a 
     report to Congress describing such technical and conforming 
     amendments to titles 23 and 49, United States Code, and such 
     technical and conforming amendments to other laws, as are 
     necessary to bring those titles and other laws into 
     conformity with the policy embodied in this Act and the 
     amendments made by this Act.

     SEC. 8. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF DEFICIT 
                   NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this Act will become effective only if the Director of 
     the Office of Management and Budget certifies that this Act 
     is deficit neutral;
       (2) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this Act; and
       (3) the tax reduction made by this Act is not scored under 
     pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (b) Effective Date Contingency.--Notwithstanding any other 
     provision of this Act, this Act and the amendments made by 
     this Act shall take effect only if--
       (1) the Director of the Office of Management and Budget 
     (referred to in this section as the ``Director'') submits the 
     report as required in subsection (c); and
       (2) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2018.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     date of enactment of this Act, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     Act for each fiscal year through fiscal year 2018;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     Act for each fiscal year through fiscal year 2018;
       (C) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2018; and
       (D) submit to Congress a report setting forth the estimates 
     and determination.
       (2) Applicable assumptions and guidelines.--
       (A) Revenue estimates.--The revenue estimates required 
     under paragraph (1)(A) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (B) Outlay estimates.--The outlay estimates required under 
     paragraph (1)(B) shall be determined by comparing the level 
     of discretionary outlays resulting from this Act with the 
     corresponding level of discretionary outlays projected in the 
     baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (d) Conforming Adjustment to Discretionary Spending 
     Limits.--On compliance with the requirements specified in 
     subsection (b), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2013 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under subsection 
     (c)(1)(B).
       (e) Paygo Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this Act shall be counted for 
     the purposes of section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)).
                                 ______
                                 
  SA 1594. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT 
                   FOR MILLIONAIRES AND BILLIONAIRES.

       (a) In General.--Section 21(e) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(9) No credit for millionaires and billionaires.--No 
     credit shall be allowed under this section for any taxable 
     year with respect to any taxpayer with an adjusted gross 
     income equal to or greater than $1,000,000 for such taxable 
     year.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.
                                 ______
                                 
  SA 1595. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 15__. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.

       (a) Initial Report.--Not later than 150 days after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall submit to Congress a report describing 
     the total amount of funds expended from the Highway Trust 
     Fund during each of fiscal years 2009 through 2011 for 
     purposes other than construction and maintenance of highways 
     and bridges.
       (b) Updates.--Not later than 4 years after the date on 
     which the report is submitted under subsection (a) and every 
     4 years thereafter, the Comptroller General of the United 
     States shall submit to Congress a report that updates the 
     information provided in the report under that subsection for 
     the applicable 4-year period.
       (c) Inclusions.--A report submitted under subsection (a) or 
     (b) shall include information similar to the information 
     included in the report of the Government Accountability 
     Office numbered ``GAO-09-729R'' and entitled ``Highway Trust 
     Fund Expenditures on Purposes Other Than Construction and 
     Maintenance of Highways and Bridges During Fiscal Years 2004-
     2008''.
                                 ______
                                 
  SA 1596. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:


[[Page S651]]


       At the appropriate place, insert the following:

     SEC. ___. LIMITATION OF GOVERNMENT TRAVEL COSTS.

       (a) Definition.--In this section, the term ``agency''--
       (1) has the meaning given under section 5701(1) of title 5, 
     United States Code; and
       (2) does not include the Department of Defense.
       (b) Limitation.--
       (1) In general.--Notwithstanding any other provision of 
     law, the total amount which is paid or reimbursed by an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code (relating to travel and subsistence expenses; 
     mileage allowances for official travel by Federal employees) 
     may not--
       (A) for each of fiscal years 2013 and 2014, exceed 50 
     percent of the total amount so paid or reimbursed by such 
     agency for fiscal year 2012; and
       (B) for fiscal year 2015, exceed 25 percent of the total 
     amount so paid or reimbursed by such agency for fiscal year 
     2012.
       (2) Exceptions.--For purposes of carrying out paragraph 
     (1), there shall not be taken into account the amounts paid 
     or reimbursed for--
       (A) any subsistence or travel expenses for threatened law 
     enforcement personnel, as described in section 5706a of title 
     5, United States Code; or
       (B) any other expenses for which an exception is 
     established under paragraph (3) for reasons relating to 
     national security or public safety.
       (3) Regulations.--Any regulations necessary to carry out 
     this subsection shall, in consultation with the Director of 
     the Office of Management and Budget, be prescribed by the 
     same respective authorities as are responsible for 
     prescribing regulations under section 5707 of title 5, United 
     States Code.
       (c) Reserve Travel Amount.--
       (1) Definition.--In this subsection, the term ``reserve 
     travel amount'' means an amount equal to 10 percent of the 
     total amount of appropriations made available to an agency in 
     any fiscal year for purposes of payment or reimbursement by 
     that agency under subchapter I of chapter 57 of title 5, 
     United States Code (relating to travel and subsistence 
     expenses; mileage allowances for official travel by Federal 
     employees).
       (2) Requirement.--For each of fiscal years 2013 through 
     2015, each agency shall have a reserve travel amount 
     available for expenditure or obligation on September 1 of 
     each such fiscal year for purposes of payment or 
     reimbursement by that agency under subchapter I of chapter 57 
     of title 5, United States Code (relating to travel and 
     subsistence expenses; mileage allowances for official travel 
     by Federal employees).
                                 ______
                                 
  SA 1597. Mr. COBURN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF PERSONS HAVING SERIOUSLY DELINQUENT 
                   TAX DEBTS FOR FEDERAL EMPLOYMENT.

       (a) In General.--Chapter 73 of title 5, United States Code, 
     is amended by adding at the end the following:

 ``SUBCHAPTER VIII--SUSPENSION OF PERSONS HAVING SERIOUSLY DELINQUENT 
                    TAX DEBTS FOR FEDERAL EMPLOYMENT

     ``Sec. 7381. Suspension of persons having seriously 
       delinquent tax debts for Federal employment

       ``(a) Definitions.--For purposes of this section--
       ``(1) the term `seriously delinquent tax debt' means an 
     outstanding debt under the Internal Revenue Code of 1986 for 
     which a notice of lien has been filed in public records 
     pursuant to section 6323 of such Code, except that such term 
     does not include--
       ``(A) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or section 7122 of such 
     Code; and
       ``(B) a debt with respect to which a collection due process 
     hearing under section 6330 of such Code, or relief under 
     subsection (a), (b), or (f) of section 6015 of such Code, is 
     requested or pending; and
       ``(2) the term `Federal employee' means--
       ``(A) an employee, as defined by section 2105; and
       ``(B) an employee of the United States Postal Service or of 
     the Postal Regulatory Commission.
       ``(b) Suspension From Federal Employment.--An individual 
     who has a seriously delinquent tax debt shall be ineligible 
     to be appointed as a Federal employee and, if serving as a 
     Federal employee, shall be suspended without pay until the 
     seriously delinquent tax debt is being paid in a timely 
     manner pursuant to an agreement under section 6159 or section 
     7122 of the Internal Revenue Code of 1986 or has been repaid 
     in full.
       ``(c) Regulations.--The Office of Personnel Management 
     shall, for purposes of carrying out this section with respect 
     to the executive branch, prescribe any regulations which the 
     Office considers necessary.''.
       (b) Clerical Amendment.--The analysis for chapter 73 of 
     title 5, United States Code, is amended by adding at the end 
     the following:

 ``subchapter viii--suspension of persons having seriously delinquent 
                    tax debts for federal employment

``7381. Suspension of persons having seriously delinquent tax debts for 
              Federal employment.''.
                                 ______
                                 
  SA 1598. Mr. COBURN (for himself, Mr. McCain, Mr. Burr, Mr. Lee, Mr. 
Portman, Mr. Isakson, and Mr. Coats) submitted an amendment intended to 
be proposed by him to the bill S. 1813, to reauthorize Federal-aid 
highway and highway safety construction programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __001. DIRECT FEDERAL-AID HIGHWAY PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1115(a)), is amended by adding at the 
     end the following:

     ``Sec. 168. Direct Federal-aid highway program

       ``(a) Election by State Not To Participate.--
     Notwithstanding any other provision of law, a State may elect 
     not to participate in any Federal program relating to 
     highways, including a Federal highway program under the 
     SAFETEA-LU (Public Law 109-59; 119 Stat. 1144), this title, 
     or title 49.
       ``(b) Direct Federal-Aid Highway Program.--
       ``(1) In general.--Beginning in fiscal year 2011, the 
     Secretary shall carry out a direct Federal-aid highway 
     program in accordance with this section under which the 
     legislature of a State may elect, not later than 90 days 
     before the beginning of a fiscal year--
       ``(A) to waive the right of the State to receive amounts 
     apportioned or allocated to the State under the Federal-aid 
     highway program for the fiscal year to which the election 
     relates; and
       ``(B) to receive an amount for that fiscal year that is 
     determined in accordance with subsection (e) for that fiscal 
     year.
       ``(2) Effect.--On making an election under paragraph (1), a 
     State shall--
       ``(A) assume all Federal obligations relating to each 
     program that is the subject of the election; and
       ``(B) fulfill those obligations using the amounts 
     transferred to the State under subsection (e).
       ``(c) State Responsibility.--
       ``(1) In general.--The Governor of a State making an 
     election under subsection (b) shall--
       ``(A) agree to maintain the Interstate System in accordance 
     with the Interstate System program;
       ``(B) submit a plan to the Secretary describing--
       ``(i) the purposes, projects, and uses to which amounts 
     received under the program will be used; and
       ``(ii) which programmatic requirements of this title the 
     State elects to continue;
       ``(C) agree to obligate or expend amounts received under 
     the direct Federal-aid highway program exclusively for 
     projects that would be eligible for funding under section 
     133(b) if the State was not participating in the program; and
       ``(D) agree to report annually to the Secretary on the use 
     of amounts received under the direct Federal-aid highway 
     program and to make the report available to the public in an 
     easily accessible format.
       ``(2) No federal limitation on use of funds.--Except as 
     provided in paragraph (1), the expenditure or obligation of 
     funds received by a State under the direct Federal-aid 
     highway program shall not be subject to any Federal 
     regulation under this title (except for this section), title 
     49, or any other Federal law.
       ``(3) Election irrevocable.--An election under subsection 
     (b) shall be irrevocable for the applicable fiscal year.
       ``(d) Effect on Preexisting Commitments.--The making of an 
     election under subsection (b) shall not affect any 
     responsibility or commitment of the State under this title 
     for any fiscal year with respect to--
       ``(1) a project or program funded under this title (other 
     than under this section); or
       ``(2) any project or program funded under this title for 
     any fiscal year for which an election under subsection (b) is 
     not in effect.
       ``(e) Transfers.--
       ``(1) In general.--The amount to be transferred to a State 
     under the direct Federal-aid highway program for a fiscal 
     year shall be the portion of the taxes appropriated to the 
     Highway Trust Fund (other than for the Mass Transit Account) 
     for that fiscal year that is attributable to highway users in 
     that State during that fiscal year, reduced by a pro rata 
     share withheld by the Secretary to fund contract authority 
     for programs of the National Highway Traffic Safety 
     Administration and the Federal Motor Carrier Safety 
     Administration.
       ``(2) Transfers under program.--
       ``(A) In general.--Transfers under the program shall be 
     made--
       ``(i) at the same time as deposits to the Highway Trust 
     Fund are made by the Secretary of the Treasury; and
       ``(ii) on the basis of estimates by the Secretary, in 
     consultation with the Secretary of the Treasury, based on the 
     most recent data

[[Page S652]]

     available, with proper adjustments made in amounts 
     subsequently transferred to the extent prior estimates were 
     in excess of, or less than, the amounts required to be 
     transferred.
       ``(B) Limitation.--
       ``(i) In general.--An adjustment under subparagraph (A)(ii) 
     to any transfer may not exceed 5 percent of the transferred 
     amount to which the adjustment relates.
       ``(ii) Subsequent adjustments.--If the adjustment required 
     under subparagraph (A)(ii) exceeds that percentage, the 
     excess shall be taken into account in making subsequent 
     adjustments under subparagraph (A)(ii).
       ``(f) Application With Other Authority.--Any contract 
     authority under this chapter (and any obligation limitation) 
     authorized for a State for a fiscal year for which an 
     election by that State is in effect under subsection (b)--
       ``(1) shall be rescinded or canceled; and
       ``(2) shall not be reallocated or distributed to any other 
     State under the Federal-aid highway program.
       ``(g) Maintenance of Effort.--
       ``(1) In general.--Not later than 30 days after the date on 
     which an amount is distributed to a State or State agency 
     under this section, the Governor of the State shall certify 
     to the Secretary that the State will maintain the effort of 
     the State with regard to State funding for the types of 
     projects that are funded by the amounts.
       ``(2) Amounts.--As part of the certification, the Governor 
     shall submit to the Secretary a description of the amount of 
     funds the State plans to expend from State sources during the 
     covered period, for the types of projects that are funded by 
     the amounts.
       ``(h) Treatment of General Revenues.--For purposes of this 
     section, any general revenue funds appropriated to the 
     Highway Trust Fund shall be transferred to a State under the 
     program in the manner described in subsection (e)(1).''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code (as amended by section 1115(b)), 
     is amended by adding at the end the following:

``168. Direct Federal-aid highway program''.

     SEC. __002. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION 
                   PROGRAMS.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5341. Alternative funding of public transportation 
       programs

       ``(a) Definitions.--In this section--
       ``(1) Alternative funding program.--The term `alternative 
     funding program' means the program established under 
     subsection (c).
       ``(2) Covered programs.--The term `covered programs' means 
     the programs authorized under--
       ``(A) sections 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
     5317, 5320, 5335, 5339, and 5340; and
       ``(B) section 3038 of the Federal Transit Act of 1998 (49 
     U.S.C. 5310 note; Public Law 105-178).
       ``(b) Election by State Not To Participate.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a State may elect not to participate in all Federal 
     programs relating to public transportation funded under the 
     Mass Transit Account of the Highway Trust Fund, including the 
     Federal public transportation programs under the SAFETEA-LU 
     (Public Law 109-59; 119 Stat. 1144), title 23, or this title.
       ``(2) Effect.--On making an election under paragraph (1), a 
     State shall--
       ``(A) assume all Federal obligations relating to each 
     program that is the subject of the election; and
       ``(B) fulfill those obligations using the amounts 
     transferred to the State under subsection (e).
       ``(c) Public Transportation Program.--
       ``(1) Program established.--Beginning in fiscal year 2011, 
     the Secretary shall carry out an alternative funding program 
     under which the legislature of a State may elect, not later 
     than 90 days before the beginning of a fiscal year--
       ``(A) to waive the right of the State to receive amounts 
     apportioned or allocated to the State under the covered 
     programs for the fiscal year to which the election relates; 
     and
       ``(B) to receive an amount for that fiscal year that is 
     determined in accordance with subsection (e).
       ``(2) Program requirements.--
       ``(A) In general.--The Governor of a State that 
     participates in the alternative funding program shall--
       ``(i) submit a plan to the Secretary describing--

       ``(I) the purposes, projects, and uses to which amounts 
     received under the alternative funding program will be used; 
     and
       ``(II) which programmatic requirements of this title the 
     State elects to continue;

       ``(ii) agree to obligate or expend amounts received under 
     the alternative funding program exclusively for projects that 
     would be eligible for funding under the covered programs if 
     the State was not participating in the alternative funding 
     program; and
       ``(iii) submit to the Secretary an annual report on the use 
     of amounts received under the alternative funding program, 
     and to make the report available to the public in an easily 
     accessible format.
       ``(B) No federal limitation on use of funds.--Except as 
     provided in subparagraph (A), the expenditure or obligation 
     of funds received by a State under the alternative funding 
     program shall not be subject to the provisions of this title 
     (except for this section), title 23, or any other Federal 
     law.
       ``(3) Election irrevocable.--An election under paragraph 
     (1) shall be irrevocable for the applicable fiscal year.
       ``(d) Effect on Preexisting Commitments.--Participation in 
     the alternative funding program shall not affect any 
     responsibility or commitment of the State under this title 
     for any fiscal year with respect to--
       ``(1) a project or program funded under this title (other 
     than under this section); or
       ``(2) any project or program funded under this title for 
     any fiscal year for which the State elects not to participate 
     in the alternative funding program.
       ``(e) Transfers.--
       ``(1) In general.--The amount to be transferred to a State 
     under the alternative funding program for a fiscal year shall 
     be the portion of the taxes transferred to the Mass Transit 
     Account of the Highway Trust Fund, for that fiscal year, that 
     is attributable to highway users in that State during that 
     fiscal year.
       ``(2) Transfers.--
       ``(A) In general.--Transfers under the program shall be 
     made--
       ``(i) at the same time as transfers to the Mass Transit 
     Account of the Highway Trust Fund are made by the Secretary 
     of the Treasury; and
       ``(ii) on the basis of estimates by the Secretary, in 
     consultation with the Secretary of the Treasury, based on the 
     most recent data available, with proper adjustments made in 
     amounts subsequently transferred, to the extent prior 
     estimates were in excess of, or less than, the amounts 
     required to be transferred.
       ``(B) Limitation.--
       ``(i) In general.--An adjustment under subparagraph (A)(ii) 
     to any transfer may not exceed 5 percent of the transferred 
     amount to which the adjustment relates.
       ``(ii) Subsequent adjustments.--If the adjustment required 
     under subparagraph (A)(ii) exceeds that percentage, the 
     excess shall be taken into account in making subsequent 
     adjustments under subparagraph (A)(ii).
       ``(f) Contract Authority.--There shall be rescinded or 
     canceled any contract authority under this chapter (and any 
     obligation limitation) authorized for a State for a fiscal 
     year for which the State elects to participate in the 
     alternative funding program.
       ``(g) Maintenance of Effort.--
       ``(1) In general.--Not later than 30 days after the date on 
     which an amount is distributed to a State or State agency 
     under this section, the Governor of the State shall certify 
     to the Secretary that the State will maintain the effort of 
     the State with regard to State funding for the types of 
     projects that are funded by the amounts.
       ``(2) Amounts.--The certification under paragraph (1) shall 
     include a description of the amount of funds the State plans 
     to expend from State sources for projects funded under the 
     alternative funding program, during the fiscal year for which 
     the State elects to participate in the alternative funding 
     program.
       ``(h) Treatment of General Revenues.--For purposes of this 
     section, any general revenue funds appropriated to the 
     Highway Trust Fund shall be transferred to a State under the 
     program in the manner described in subsection (e).''.
       (b) Conforming Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, is amended by adding at the end 
     the following:

``5341. Alternative funding of public transportation programs''.
                                 ______
                                 
  SA 1599. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BUYING GOODS PRODUCED IN THE UNITED STATES.

       (a) Compliance.--None of the amounts made available to 
     carry out parts A and B of subtitle V of title 49, United 
     States Code, may be expended by any entity unless the entity 
     agrees that such expenditures will comply with the 
     requirements under this section.
       (b) Preference.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Transportation may not obligate any 
     funds appropriated to carry out parts A and B of subtitle V 
     of title 49, United States Code, unless all the steel, iron, 
     and manufactured products used in the project are produced in 
     the United States.
       (2) Waiver.--The Secretary of Transportation may waive the 
     application of paragraph (1) in circumstances in which the 
     Secretary determines that--
       (A) such application would be inconsistent with the public 
     interest;
       (B) such materials and products produced in the United 
     States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality; or
       (C) inclusion of domestic material would increase the cost 
     of the overall project by more than 25 percent.
       (c) Labor Costs.--For purposes of this subsection 
     (b)(2)(C), labor costs involved in final assembly shall not 
     be included in calculating the cost of components.

[[Page S653]]

       (d) Manufacturing Plan.--The Secretary of Transportation 
     shall prepare, in conjunction the Secretary of Commerce, a 
     manufacturing plan that--
       (1) promotes the production of products in the United 
     States that are the subject of waivers granted under 
     subsection (b)(2)(B);
       (2) addresses how such products may be produced in a 
     sufficient and reasonably available amount, and in a 
     satisfactory quality, in the United States; and
       (3) addresses the creation of a public database for the 
     waivers granted under subsection (b)(2)(B).
       (e) Waiver Notice and Comment.--If the Secretary of 
     Transportation determines that a waiver of subsection (b)(1) 
     is warranted, the Secretary, before the date on which such 
     determination takes effect, shall--
       (1) post the waiver request and a detailed written 
     justification of the need for such waiver on the Department 
     of Transportation's public website;
       (2) publish a detailed written justification of the need 
     for such waiver in the Federal Register; and
       (3) provide notice of such determination and an opportunity 
     for public comment for a reasonable period of time not to 
     exceed 30 days.
       (f) State Requirements.--The Secretary of Transportation 
     may not impose any limitation on amounts made available under 
     this title to carry out parts A and B of subtitle V of title 
     49, United States Code, which--
       (1) restricts a State from imposing requirements that are 
     more stringent than the requirements under this section on 
     the use of articles, materials, and supplies mined, produced, 
     or manufactured in foreign countries, in projects carried out 
     with such assistance; or
       (2) prohibits any recipient of such amounts from complying 
     with State requirements authorized under paragraph (1).
       (g) Certification.--The Secretary of Transportation may 
     authorize a manufacturer or supplier of steel, iron, or 
     manufactured goods to correct, after bid opening, any 
     certification of noncompliance or failure to properly 
     complete the certification (except for failure to sign the 
     certification) under this section if such manufacturer or 
     supplier attests, under penalty of perjury, and establishes, 
     by a preponderance of the evidence, that such manufacturer or 
     supplier submitted an incorrect certification as a result of 
     an inadvertent or clerical error.
       (h) Review.--Any entity adversely affected by an action by 
     the Department of Transportation under this section is 
     entitled to seek judicial review of such action in accordance 
     with section 702 of title 5, United States Code.
       (i) Minimum Cost.--The requirements under this section 
     shall only apply to contracts for which the costs exceed 
     $100,000.
       (j) Consistency With International Agreements.--This 
     section shall be applied in a manner consistent with United 
     States obligations under international agreements.
       (k) Fraudulent Use of ``Made in America'' Label.--An entity 
     is ineligible to receive a contract or subcontract made with 
     amounts appropriated under this title to carry out parts A 
     and B of subtitle V of title 49, United States Code, if a 
     court or department, agency, or instrumentality of the 
     Government determines that the person intentionally--
       (1) affixed a ``Made in America'' label, or a label with an 
     inscription having the same meaning, to goods sold in or 
     shipped to the United States that are used in a project to 
     which this section applies, but were not produced in the 
     United States; or
       (2) represented that goods described in paragraph (1) were 
     produced in the United States.
                                 ______
                                 
  SA 1600. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 91, between lines 14 and 15, insert:
       ``(C) Waiver.--The Secretary may waive the requirement in 
     subparagraph (A) for any State in which the State 
     transportation agency and organizations representing local 
     governments that own at least 80 percent of the local 
     government bridges in the State are able to reach agreement 
     on an alternative bridge investment strategy that provides an 
     amount for bridges owned by public entities other than the 
     State transportation agency equal to at least the amount of 
     funds required to be obligated by the State for off-system 
     bridges for fiscal year 2009 under section 144(f)(2), as in 
     effect on the day before the date of enactment of the MAP-21.
                                 ______
                                 
  SA 1601. Mr. MERKLEY (for himself and Mr. Lee) submitted an amendment 
intended to be proposed to amendment SA 1515 proposed by Mr. Reid (for 
Mr. Johnson, of South Dakota (for himself and Mr. Shelby)) to the bill 
S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place in division D, insert the 
     following:

     SEC. __. CATEGORICAL EXCLUSION FOR STREETCAR PROJECTS.

       Section 5323(r) of title 49, United States Code, as amended 
     by this Act, is further amended--
       (1) in paragraph (1), by striking ``streetcar, bus rapid 
     transit,'' and inserting ``bus rapid transit''; and
       (2) by adding at the end the following:
       ``(3) Streetcars.--Not later than 60 days after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue a notice of proposed rulemaking to 
     amend section 771.117 of title 23, Code of Federal 
     Regulations, to add streetcar projects to the list of actions 
     under subsection (c) of such section 771.117 that meet the 
     criteria for categorical exclusions.''.
                                 ______
                                 
  SA 1602. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 76, strike line 24 and all that follows 
     through page 77, line 9, and insert the following:
       ``(3) Territories.--The total obligations for projects 
     under this section for any fiscal year in the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands shall not exceed $20,000,000.
       ``(4) Substitute traffic.--Notwithstanding
                                 ______
                                 
  SA 1603. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 437, line 7, insert ``, Federal land access 
     transportation facilities,'' after ``facilities''.
                                 ______
                                 
  SA 1604. Mr. MERKLEY (for himself and Mr. Franken) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 236, strike lines 18 through 23.
                                 ______
                                 
  SA 1605. Mr. MERKLEY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place in section 1105 (in the text 
     amending section 104 of title 23, United States Code), insert 
     the following:
       ``(e) Pedestrian and Bicycle Projects.--Notwithstanding any 
     other provision of this title, not less than 2 percent of 
     funds apportioned under this section shall be used for any of 
     the following activities, regardless of whether the 
     activities are carried out as part of any program or project 
     authorized or funded under this title or as independent 
     programs or projects relating to surface transportation:
       ``(1) Provision of facilities for pedestrian and bicycles.
       ``(2) Provision of safety and educational activities for 
     pedestrians and bicyclists.
       ``(3) Preservation of abandoned railway corridors, 
     including the conversion and use of the corridors for 
     pedestrian or bicycle trails.
       ``(4)(A) The installation or modification of bicycle 
     transportation and pedestrian walkways in accordance with 
     section 217.
       ``(B) The modification of public sidewalks to comply with 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
     et seq.).
       ``(5) Recreational trails projects eligible for funding 
     under section 206.
       ``(6) Safe routes to school projects eligible for funding 
     under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 
     Public Law 109-59).
       ``(7) Provision of transportation choices, including--
       ``(A) on-road and off-road trail facilities for 
     pedestrians, bicyclists, and other nonmotorized forms of 
     transportation, including--
       ``(i) sidewalks;
       ``(ii) bicycle infrastructure;
       ``(iii) pedestrian and bicycle signals;
       ``(iv) traffic calming techniques;
       ``(v) lighting;
       ``(vi) other safety-related infrastructure; and
       ``(vii) transportation projects to achieve compliance with 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
     et seq.);
       ``(B) the planning, design, and construction of 
     infrastructure-related projects and systems that will provide 
     safe routes for nondrivers (including children, older adults, 
     and individuals with disabilities) to access daily needs; and
       ``(C) activities for safety and education for pedestrians 
     and bicyclists and to encourage walking and bicycling, 
     including efforts to encourage walking and bicycling to 
     school and community centers.''.
                                 ______
                                 
  SA 1606. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S654]]


       At the appropriate place, insert the following:

     SEC. __. BUY AMERICA PROVISIONS.

       (a) Surface Transportation.--Section 313 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(g) Application to Highway Programs.--The requirements 
     under this section shall apply to all contracts for a project 
     carried out within the scope of the applicable finding, 
     determination, or decision under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 
     the funding source of such contracts, if at least 1 contract 
     for the project is funded with amounts made available to 
     carry out this title.''.
       (b) Transit Provisions.--Section 5323(j) of title 49, 
     United States Code, is amended by adding at the end the 
     following:
       ``(10) Application to transit programs.--The requirements 
     under this subsection shall apply to all contracts for a 
     project carried out within the scope of the applicable 
     finding, determination, or decision under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     regardless of the funding source of such contracts, if at 
     least 1 contract for the project is funded with amounts made 
     available to carry out this chapter.''.
       (c) Amtrak.--Section 24305(f) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(5) The requirements under this subsection shall apply to 
     all contracts for a project carried out within the scope of 
     the applicable finding, determination, or decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), regardless of the funding source of such contracts, if 
     at least 1 contract for the project is funded with amounts 
     made available to carry out this chapter.''.
       (d) Application to Intercity Passenger Rail Service 
     Corridors.--Section 24405(a) of title 49, United States Code, 
     is amended--
       (1) by striking paragraph (4);
       (2) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (3) by adding at the end the following:
       ``(11) The requirements under this subsection shall apply 
     to all contracts for a project carried out within the scope 
     of the applicable finding, determination, or decision under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.), regardless of the funding source of such contracts, 
     if at least 1 contract for the project is funded with amounts 
     made available to carry out this title.''.
                                 ______
                                 
  SA 1607. Mrs. SHAHEEN (for herself, Ms. Murkowski, Ms. Collins, Mr. 
Levin, Ms. Klobuchar, Mr. Sanders, and Ms. Landrieu) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 264, strike line 23 and all that follows 
     through page 267, line 9, and insert the following:
       ``(5) Special rules for small metropolitan planning 
     organizations.--
       ``(A) In general.--Subject to subparagraph (B), a 
     metropolitan planning organization subject to this section 
     and chapter 53 of title 49 (as in effect on the day before 
     the date of enactment of the MAP-21) shall continue to be 
     designated as a metropolitan planning organization subject to 
     this section (as amended by that Act) if the metropolitan 
     planning organization--
       ``(i) serves an urbanized area; and
       ``(ii) the population of the urbanized area is more than 
     50,000 individuals and less than 100,000 individuals.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Governor and units of general purpose local government--
       ``(i) agree to terminate the designation described in 
     subparagraph (A); and
       ``(ii) together represent at least 75 percent of the 
     population described in subparagraph (A)(ii), based on the 
     latest available decennial census conducted under section 
     141(a) of title 13, United States Code.
       ``(C) Treatment.--A metropolitan planning organization 
     described in subparagraph (A) shall be treated, for purposes 
     this section and chapter 53 of title 49 as a metropolitan 
     planning organization that is subject to this section (as 
     amended by the MAP-21).
       On page 267, line 10, strike ``(8)'' and insert ``(6)''.
                                 ______
                                 
  SA 1608. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.___. BILL MAY NOT TAKE EFFECT BEFORE A BUDGET RESOLUTION 
                   IS IN EFFECT.

       Notwithstanding any other provision of this Act, this Act 
     shall not take effect before the date a concurrent resolution 
     on the budget has been agreed to and is in effect for the 
     fiscal year during which this Act was enacted.
                                 ______
                                 
  SA 1609. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                        DIVISION--MISCELLANEOUS

     SEC. _01. LIMITATION ON USE OF CERTAIN FUNDS BY THE 
                   DEPARTMENT OF DEFENSE FOR CAPITAL PROJECTS IN 
                   AFGHANISTAN; TRANSFER OF AMOUNTS TO HIGHWAY 
                   TRUST FUND.

       (a) Limitation on Use of Certain Funds for Capital Projects 
     in Afghanistan.--
       (1) In general.--Notwithstanding section 9005 of the 
     Department of Defense Appropriations Act, 2012 (Public Law 
     112-74), or any other provision of law, funds described in 
     paragraph (2) may not be obligated or expended on or after 
     the date of the enactment of this Act to carry out a capital 
     project described in paragraph (3).
       (2) Funds described.--Funds described in this paragraph are 
     amounts--
       (A) appropriated or otherwise made available to the 
     Department of Defense by the Department of Defense 
     Appropriations Act, 2012 (Public Law 112-74), for fiscal year 
     2012 for the Afghanistan Infrastructure Fund, the Commanders' 
     Emergency Response Program, or any other program of the 
     Department and available to carry out capital projects in 
     Afghanistan; and
       (B) available for obligation on or after the date of the 
     enactment of this Act.
       (3) Capital projects described.--A capital project 
     described in this paragraph is a capital project (as defined 
     in section 308 of the Aid, Trade, and Competitiveness Act of 
     1992 (22 U.S.C. 2421e))--
       (A) carried out for the benefit of the host country in 
     Afghanistan; and
       (B) the cost of which exceeds $50,000.
       (b) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report that contains--
       (1) a determination of the amount of funds described in 
     subsection (a)(2) that would have been obligated and expended 
     by the Department of Defense in fiscal year 2012 to carry out 
     capital projects described in subsection (a)(3), based on the 
     plans of the Department on such date of enactment to carry 
     out such projects during that fiscal year, but for the 
     limitation on the obligation and expenditure of such funds 
     for such projects under subsection (a)(1); and
       (2) a description of each capital project described in 
     subsection (a)(3) for which amounts were obligated or 
     expended during fiscal year 2012 and before the date of the 
     enactment of this Act.
       (c) Transfer of Amounts to Highway Trust Fund.--Section 
     9503(b) of the Internal Revenue Code of 1986, as amended by 
     this Act, is further amended by adding at the end the 
     following:
       ``(9) Certain amounts previously appropriated for capital 
     projects in afghanistan.--There is hereby appropriated to the 
     Highway Trust Fund for fiscal year 2012 an amount equal to 
     the amount of funds described in subsection (a)(2) of section 
     _01 of the Moving Ahead for Progress in the 21st Century Act 
     that the Secretary of Defense determines under subsection 
     (b)(1) of that section would have been obligated or expended 
     in fiscal year 2012 for capital projects described in 
     subsection (a)(3) of that section but for the limitation on 
     the obligation and expenditure of such funds for such 
     projects under subsection (a)(1) of that section.''.
                                 ______
                                 
  SA 1610. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 497, line 15, strike ``and'' after the semicolon.
       On page 497, line 17, strike the period at the end and 
     insert ``; and''.
       On page 497, between lines 17 and 18, insert the following:

       ``(XVIII) improving the analysis of costs and benefits of 
     climate change preparedness measures (including economic, 
     social, and environmental costs and benefits), including 
     cross-sector interactions between infrastructure (including 
     transportation, energy, water, and telecommunication 
     infrastructure) and natural systems (such as rivers).''.

                                 ______
                                 
  SA 1611. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At end of subtitle E of title I, add the following:

     SEC. __. CAPACITY-BUILDING FOR NATURAL DISASTERS AND EXTREME 
                   WEATHER.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Extreme weather.--The term ``extreme weather'' includes 
     severe or unseasonable weather, heavy precipitation, a storm 
     surge, flooding, drought, extreme heat, and extreme cold.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation, in consultation with (as appropriate)--

[[Page S655]]

       (A) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (B) the Director of the United States Geological Survey;
       (C) the Administrator of the National Aeronautics and Space 
     Administration;
       (D) the Administrator of the Environmental Protection 
     Agency;
       (E) the Administrator of the Federal Emergency Management 
     Agency; and
       (F) the heads of other Federal agencies.
       (b) Data.--The Secretary shall determine and provide to 
     transportation planners appropriate data on the impact on 
     infrastructure of natural disasters and a higher frequency of 
     extreme weather.
       (c) Technical Assistance and Guidance.--The Secretary 
     shall--
       (1) provide technical assistance and guidance to help 
     States, metropolitan planning organizations, and local 
     governments plan for natural disasters and a greater 
     frequency of extreme weather events when planning, citing, 
     designing, and constructing transportation infrastructure by 
     assessing vulnerabilities to a changing climate and the costs 
     and benefits of adaptation measures (including economic, 
     social, and environmental costs and benefits);
       (2) continue to develop and enhance technical assistance 
     and guidance on--
       (A) integration of extreme weather preparedness into asset 
     management and planning processes;
       (B) identification of critical assets and vulnerabilities;
       (C) selection and application of--
       (i) analytical tools;
       (ii) extreme weather models;
       (iii) visualization software; and
       (iv) appropriate data for extreme weather preparedness 
     analyses;
       (D) best practices in emergency response and evacuation;
       (E) design, maintenance, and operations for infrastructure, 
     including culverts;
       (F) material selection and engineering standards;
       (G) analysis of the costs and benefits of adaptation 
     measures (including economic, social, and environmental costs 
     and benefits);
       (H) statistical and hydrological flood plain projection 
     methods taking climate scenarios into account and
       (I) public and stakeholder engagement in adaptation 
     planning;
       (3) conduct enhanced extreme weather preparedness pilot 
     programs that are integrated with the long-range 
     transportation plans of metropolitan planning organizations;
       (4) integrate extreme weather scenarios into a public 
     planning process that considers multiple transportation and 
     land use scenarios; and
       (5) include targeted capacity-building in each of the 
     actions described in this subsection.
                                 ______
                                 
  SA 1612. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page _, between lines _ and _, insert the following:

     SECTION ___. DENALI COMMISSION.

       (a) Reauthorization of the Denali Commission Access System 
     Program.--Section 309(j)(1) of the Denali Commission Act of 
     1998 (42 U.S.C. 3121 note) is amended by striking ``2006 
     through 2009'' and inserting ``2012 through 2013''.
       (b) Authority to Accept Donations and Transferred Funds.--
     The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is 
     amended--
       (1) in section 305, by striking subsection (c) and 
     inserting the following:
       ``(c) Gifts or Donations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Commission may accept use, and dispose of gifts or donations 
     of services, property, or money.
       ``(2) Conditional.--With respect to conditional gifts--
       ``(A)(i) the Commission may accept conditional gifts, if 
     approved by the Federal Cochairperson; and
       ``(ii) the principal of and income from any such 
     conditional gift shall be held, invested, reinvested, and 
     used in accordance with the condition applicable to the gift; 
     but
       ``(B) no gift shall be accepted that is conditioned on any 
     expenditure not to be funded from the gift or from the income 
     generated by the gift unless the expenditure has been 
     approved by Act of Congress.''; and
       (2) by adding at the end the following:

     ``SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.

       ``(a) In General.--Subject to subsection (c), for purposes 
     of this Act, the Commission may accept transfers of funds 
     from other Federal agencies.
       ``(b) Transfers.--Any Federal agency authorized to carry 
     out an activity that is within the authority of the 
     Commission may transfer to the Commission any appropriated 
     funds for the activity.
       ``(c) Treatment.--Any funds transferred to the Commission 
     under this subsection--
       ``(1) shall remain available until expended; and
       ``(2) may, to the extent necessary to carry out this Act, 
     be transferred to, and merged with, the amounts made 
     available by appropriations Acts for the Commission by the 
     Federal Cochairperson.''.
                                 ______
                                 
  SA 1613. Mr. BEGICH (for himself, Mr. Warner, and Ms. Murkowski) 
submitted an amendment intended to be proposed to amendment SA 1515 
proposed by Mr. Reid (for Mr. Johnson of South Dakota (for himself and 
Mr. Shelby)) to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In division D, on page 248, line 6, strike the quotation 
     marks and the second period and insert the following:
       ``(s) Receipts From Private Providers of Public 
     Transportation Eligible for Local Share.--The non-Government 
     share of the cost of a capital project carried out by a 
     recipient of funding under this chapter may include an amount 
     equal to the amount that a private provider of public 
     transportation receives from providing public transportation 
     service in the service area of the recipient that is in 
     excess of the operating costs of the service provided, if the 
     rolling stock used to provide the service--
       ``(1) has been privately acquired; and
       ``(2) has not been acquired using any Government capital 
     assistance.''.
                                 ______
                                 
  SA 1614. Ms. KLOBUCHAR (for herself, Mr. Casey, Mr. Blumenthal, Ms. 
Mikulski, Mr. Brown of Ohio, Mr. Franken, and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRESERVING ACCESS TO LIFE-SAVING MEDICATION.

       (a) Drug Shortages.--
       (1) Expansion of notification requirement regarding 
     potential shortages of prescription drugs.--Section 506C of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is 
     amended--
       (A) in the section heading, by striking ``DISCONTINUANCE OF 
     A LIFE SAVING PRODUCT'' and inserting ``DISCONTINUANCE OR 
     INTERRUPTION OF THE MANUFACTURE OF A PRESCRIPTION DRUG''; and
       (B) by amending subsection (a) to read as follows:
       ``(a) In General.--
       ``(1) Definition.--In this section, the terms `drug 
     shortage' and `shortage', when used with respect to a drug, 
     mean a period of time when the total supply of all versions 
     of a drug available at the user level will not meet the 
     current demand for the drug at the user level.
       ``(2) Notification.--A manufacturer of a drug described in 
     paragraph (3) shall notify the Secretary of a discontinuance, 
     interruption, or other adjustment of the manufacture of the 
     drug that would likely result in a shortage of such drug--
       ``(A) in the case of a discontinuance or planned 
     interruption or adjustment, at least 6 months prior to the 
     date of such discontinuance or planned interruption or 
     adjustment; and
       ``(B) in the case of any other interruption or adjustment, 
     as soon as practicable after becoming aware of such 
     interruption or adjustment.
       ``(3) Drugs described.--A drug described in this paragraph 
     is a drug--
       ``(A) for which an application has been approved under 
     section 505(b) or 505(j);
       ``(B) that is described in section 503(b)(1); and
       ``(C) that is not a product that was originally derived 
     from human tissue and was replaced by a recombinant product.
       ``(4) Types of adjustments.--An adjustment for which a 
     manufacturer shall submit a notification under paragraph (2) 
     includes--
       ``(A) adjustments related to the supply of raw materials, 
     including active pharmaceutical ingredients;
       ``(B) adjustments to production capabilities;
       ``(C) business decisions that may affect the manufacture of 
     the drug, such as mergers, discontinuations, and a change in 
     production output; and
       ``(D) other adjustments as determined appropriate by the 
     Secretary.
       ``(5) Modification of time frames.--The Secretary may 
     adjust the required time frame under paragraph (2) as 
     determined appropriate by the Secretary based on--
       ``(A) the type of interruption or adjustment at issue; and
       ``(B) any other factor, as determined by the Secretary.
       ``(6) Enforcement.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall promulgate 
     regulations establishing a schedule of civil monetary 
     penalties for failure to submit a notification as required 
     under this subsection.''.
       (2) Confidentiality of information.--Section 506C(c) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is 
     amended to read as follows:
       ``(c) Confidentiality of Information.--The Secretary shall 
     ensure the confidentiality of proprietary information 
     submitted in a notification under subsection (a).''.
       (3) Public notification.--Section 506C of the Federal Food, 
     Drug, and Cosmetic Act

[[Page S656]]

     (21 U.S.C. 356c) is amended by adding at the end the 
     following:
       ``(d) Public Notification.--
       ``(1) Notification of shortages.--The Secretary shall 
     publish information on the types of adjustments for which a 
     notification is required under subsection (a)(4) and on 
     actual drug shortages on the Internet Web site of the Food 
     and Drug Administration and, to the maximum extent 
     practicable, distribute such information to appropriate 
     health care provider and patient organizations.
       ``(2) Identification and notification of drugs vulnerable 
     to drug shortage.--
       ``(A) In general.--The Secretary shall implement evidence-
     based criteria for identifying drugs that may be vulnerable 
     to a drug shortage. Such criteria shall be based on--
       ``(i) the number of manufacturers of the drug;
       ``(ii) the sources of raw material or active pharmaceutical 
     ingredients;
       ``(iii) the supply chain characteristics, such as 
     production complexities; and
       ``(iv) the availability of therapeutic alternatives.
       ``(B) Notification.--If the Secretary determines using the 
     criteria under subparagraph (A) that a drug may be vulnerable 
     to a drug shortage, the Secretary shall notify the 
     manufacturer of the drug of such determination and of the 
     collaboration described under paragraph (3).
       ``(3) Continuity of operations plans.--The Secretary shall 
     collaborate with manufacturers of drugs identified pursuant 
     to paragraph (2) to establish and improve continuity of 
     operations plans with respect to medically necessary drugs, 
     as defined by the Secretary, so that such plans include a 
     process for addressing drug shortages.''.
       (b) Manufacturer Review.--Section 510(h) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 360(h)) is amended--
       (1) by striking ``(h)'' and inserting ``(h)(1)''; and
       (2) by inserting at the end the following:
       ``(2)(A) If an establishment registered with the Secretary 
     pursuant to this section is subject to a reinspection due to 
     failure to comply with a requirement of this Act, the 
     Secretary shall conduct such reinspection not later than 90 
     days after the establishment certifies to the Secretary that 
     the establishment has corrected the reason for such failure.
       ``(B) The Secretary shall prioritize reinspections 
     described in subparagraph (A) based on whether the 
     establishment involved manufactures, propagates, compounds, 
     or processes a drug involved in a drug shortage (as defined 
     in section 506C).''.
       (c) Reports to Congress.--Not later than 1 year after the 
     date of enactment of this Act, and on an annual basis 
     thereafter, the Secretary of Health and Human Services shall 
     submit to Congress a report that describes the actions taken 
     by such Secretary during the previous 1-year period to 
     address drug shortages through all aspects of the 
     prescription drug supply chain.
                                 ______
                                 
  SA 1615. Ms. KLOBUCHAR (for herself and Mr. Sessions) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 509, between lines 2 and 3, insert the following:
       ``(I) High-risk rural roads best practices.--
       ``(i) Study.--

       ``(I) In general.--The Secretary shall conduct a study of 
     the best practices for implementing cost-effective roadway 
     safety infrastructure improvements on high-risk rural roads.
       ``(II) Methodology.--In carrying out the study, the 
     Secretary shall--

       ``(aa) conduct a thorough literature review;
       ``(bb) survey current practices of State departments of 
     transportation; and
       ``(cc) survey current practices of local units of 
     government, as appropriate.

       ``(III) Consultation.--In carrying out the study, the 
     Secretary shall consult with--

       ``(aa) State departments of transportation;
       ``(bb) county engineers and public works professionals;
       ``(cc) appropriate local officials; and
       ``(dd) appropriate private sector experts in the field of 
     roadway safety infrastructure.
       ``(ii) Report.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the results of the 
     study.
       ``(II) Contents.--The report shall include--

       ``(aa) a summary of cost-effective roadway safety 
     infrastructure improvements;
       ``(bb) a summary of the latest research on the financial 
     savings and reduction in fatalities and serious bodily injury 
     crashes from the implementation of cost-effective roadway 
     safety infrastructure improvements; and
       ``(cc) recommendations for State and local governments on 
     best practice methods to install cost-effective roadway 
     safety infrastructure on high-risk rural roads.
       ``(iii) Manual.--

       ``(I) Development.--Based on the results of the study under 
     clause (ii), the Secretary, in consultation with the 
     individuals and entities described in clause (i)(III), shall 
     develop a best practices manual to support Federal, State, 
     and local efforts to reduce fatalities and serious bodily 
     injury crashes on high-risk rural roads through the use of 
     cost-effective roadway safety infrastructure improvements.
       ``(II) Availability.--The manual shall be made available to 
     State and local governments not later than 180 days after the 
     date of submission of the report under clause (ii).
       ``(III) Contents.--The manual shall include, at a minimum, 
     a list of cost-effective roadway safety infrastructure 
     improvements and best practices on the installation of cost-
     effective roadway safety infrastructure improvements on high-
     risk rural roads.''.

                                 ______
                                 
  SA 1616. Ms. KLOBUCHAR (for herself and Mr. Warner) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ___. INCLUSION OF BROADBAND CONDUIT INSTALLATION IN 
                   CERTAIN HIGHWAY CONSTRUCTION PROJECTS.

       Chapter 3 of title 23, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 330. Inclusion of broadband conduit installation in 
       certain highway construction projects

       ``(a) Definitions.--In this section:
       ``(1) Broadband.--The term `broadband' means an Internet 
     Protocol-based transmission service that enables users to 
     send and receive voice, video, data, or graphics, or a 
     combination of those items.
       ``(2) Broadband conduit.--The term `broadband conduit' 
     means a conduit for fiber optic cables that support broadband 
     or, where appropriate, wireless facilities for broadband 
     service.
       ``(3) Covered highway construction project.--The term 
     `covered highway construction project' means a project to 
     construct a new highway or to construct an additional lane or 
     shoulder for an existing highway that--
       ``(A) is commenced after the date of enactment of this 
     section; and
       ``(B) receives funding under this title.
       ``(b) Requirement.--The Secretary shall require States to 
     install 1 or more broadband conduits in accordance with this 
     section as part of any covered highway construction project.
       ``(c) Installation Requirements.--In carrying out 
     subsection (b), the Secretary shall ensure, to the maximum 
     extent practicable with respect to a covered highway 
     construction project, that--
       ``(1) an appropriate number of broadband conduits, as 
     determined by the Secretary, are installed along the highway 
     to accommodate multiple broadband providers, with 
     consideration given to the availability of existing conduits;
       ``(2) the size of each such conduit is consistent with 
     industry best practices and is sufficient to accommodate 
     potential demand, as determined by the Secretary; and
       ``(3) hand holes and manholes for fiber access and pulling 
     with respect to each such conduit are placed at intervals 
     consistent with industry best practices, as determined by the 
     Secretary.
       ``(d) Standards.--In establishing standards to carry out 
     subsection (c), the Secretary shall take into consideration--
       ``(1) population density in the area of a covered highway 
     construction project;
       ``(2) the type of highway involved in the project; and
       ``(3) existing broadband access in the area of the project.
       ``(e) Pull Tape.--Each broadband conduit installed pursuant 
     to this section shall include a pull tape and be capable of 
     supporting fiber optic cable placement techniques consistent 
     with industry best practices, as determined by the Secretary.
       ``(f) Access.--The Secretary shall ensure that any 
     requesting broadband provider has access to each broadband 
     conduit installed pursuant to this section, on a 
     competitively neutral and nondiscriminatory basis, for a 
     charge not to exceed a cost-based rate.
       ``(g) Depth of Installation.--Each broadband conduit 
     installed pursuant to this section shall be placed at a depth 
     consistent with industry best practices, as determined by the 
     Secretary, after consideration is given to the location of 
     existing utilities and the cable separation requirements of 
     State and local electrical codes.
       ``(h) Waiver Authority.--The Secretary may waive the 
     application of this section or any provision of this section 
     if the Secretary determines that, upon a showing of undue 
     burden or that a covered highway construction project is not 
     necessary based on the availability of existing broadband 
     conduit infrastructure, cost-benefit analysis, or 
     consideration of other relevant factors, the waiver is 
     appropriate with respect to a covered highway construction 
     project.
       ``(i) Coordination With FCC.--In carrying out this section, 
     the Secretary shall coordinate with the Federal 
     Communications Commission, including with respect to 
     determinations regarding--
       ``(1) potential demand under subsection (c)(2);
       ``(2) existing broadband access under subsection (d)(3);
       ``(3) pull tape requirements under subsection (e); and

[[Page S657]]

       ``(4) depth-of-installation standards under subsection 
     (g).''.

     SEC. ___. CONFORMING AMENDMENT.

       The analysis for chapter 3 of title 23, United States Code, 
     is amended by adding at the end the following:
       ``330. Inclusion of broadband conduit installation in 
           certain highway construction projects.''.
                                 ______
                                 
  SA 1617. Ms. KLOBUCHAR (for herself and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       In section 32101, add at the end the following:
       (d) Transportation of Agricultural Commodities and Farm 
     Supplies.--Section 229(a)(1) of the Motor Carrier Safety 
     Improvement Act of 1999 (49 U.S.C. 31136 note) is amended to 
     read as follows:
       ``(1) Transportation of agricultural commodities and farm 
     supplies.--Regulations prescribed by the Secretary under 
     sections 31136 and 31502 regarding maximum driving and on-
     duty time for drivers used by motor carriers shall not apply 
     during planting and harvest periods, as determined by each 
     State, to--
       ``(A) drivers transporting agricultural commodities in the 
     State from the source of the agricultural commodities to a 
     location within a 100 air-mile radius from the source;
       ``(B) drivers transporting farm supplies for agricultural 
     purposes in the State from a wholesale or retail distribution 
     point of the farm supplies to a farm or other location where 
     the farm supplies are intended to be used within a 100 air-
     mile radius from the distribution point; or
       ``(C) drivers transporting farm supplies for agricultural 
     purposes in the State from a wholesale distribution point of 
     the farm supplies to a retail distribution point of the farm 
     supplies within a 100 air-mile radius from the wholesale 
     distribution point.''.

                          ____________________