[Congressional Record Volume 158, Number 102 (Tuesday, July 10, 2012)]
[Senate]
[Pages S4825-S4831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2490. Mrs. McCASKILL (for herself and Mr. Portman) submitted an 
amendment intended to be proposed by her to the bill S. 2237, to 
provide a temporary income tex credit for increased payroll and extend 
bonus depreciation for an additional year, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

            TITLE II--TEMPORARY DUTY SUSPENSION PROCESS ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Temporary Duty Suspension 
     Process Act of 2012''.

     SEC. 202. DEFINITIONS.

       In this title:

[[Page S4826]]

       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives.
       (2) Commission.--The term ``Commission'' means the United 
     States International Trade Commission.
       (3) Duty suspension or reduction.--The term ``duty 
     suspension or reduction'' means an amendment to subchapter II 
     of chapter 99 of the Harmonized Tariff Schedule of the United 
     States--
       (A) extending an existing temporary suspension or reduction 
     of duty on an article under that subchapter; or
       (B) providing for a new temporary suspension or reduction 
     of duty on an article under that subchapter.

     SEC. 203. RECOMMENDATIONS BY UNITED STATES INTERNATIONAL 
                   TRADE COMMISSION FOR DUTY SUSPENSIONS AND 
                   REDUCTIONS.

       (a) Establishment of Review Process.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Commission shall complete all actions necessary to establish 
     a process pursuant to which the Commission will--
       (1) review each article with respect to which a duty 
     suspension or reduction may be made--
       (A) at the initiative of the Commission; or
       (B) pursuant to a petition submitted or referred to the 
     Commission under subsection (b); and
       (2) submit a draft bill to the appropriate congressional 
     committees under subsection (d).
       (b) Petitions.--
       (1) In general.--As part of the process established under 
     subsection (a), the Commission shall establish procedures 
     under which a petition requesting the Commission to review a 
     duty suspension or reduction pursuant to that process may 
     be--
       (A) submitted to the Commission by a member of the public; 
     or
       (B) referred to the Commission by a Member of Congress.
       (2) Requirements.--A petition submitted or referred to the 
     Commission under paragraph (1) shall be submitted or referred 
     at such time and in such manner and shall include such 
     information as the Commission may require.
       (3) No preferential treatment for members of congress.--A 
     petition referred to the Commission by a Member of Congress 
     under subparagraph (B) of paragraph (1) shall receive 
     treatment no more favorable than the treatment received by a 
     petition submitted to the Commission by a member of the 
     public under subparagraph (A) of that paragraph.
       (c) Public Comments.--As part of the process established 
     under subsection (a), the Commission shall establish 
     procedures for--
       (1) notifying the public when the Commission initiates the 
     process of reviewing articles with respect to which duty 
     suspensions or reductions may be made and distributing 
     information about the process, including by--
       (A) posting information about the process on the website of 
     the Commission; and
       (B) providing that information to trade associations and 
     other appropriate organizations;
       (2) not later than 45 days before submitting a draft bill 
     to the appropriate congressional committees under subsection 
     (d), notifying the public of the duty suspensions and 
     reductions the Commission is considering including in the 
     draft bill; and
       (3) providing the public with an opportunity to submit 
     comments with respect to any of those duty suspensions or 
     reductions.
       (d) Submission of Draft Bill.--
       (1) In general.--The Commission shall submit to the 
     appropriate congressional committees a draft bill that 
     contains each duty suspension or reduction that the 
     Commission determines, pursuant to the process established 
     under subsection (a) and after conducting the consultations 
     required by subsection (e), meets the requirements described 
     in subsection (f), not later than--
       (A) the date that is 120 days after the date of the 
     enactment of this Act;
       (B) January 1, 2015; and
       (C) January 1, 2018.
       (2) Effective period of duty suspensions and reductions.--
     Duty suspensions and reductions included in a draft bill 
     submitted under paragraph (1) shall be effective for a period 
     of not less than 3 years.
       (3) Special rule for first submission.--In the draft bill 
     required to be submitted under paragraph (1) not later than 
     the date that is 120 days after the date of the enactment of 
     this Act, the Commission shall be required to include only 
     duty suspensions and reductions with respect to which the 
     Commission has sufficient time to make a determination under 
     that paragraph before the draft bill is required to be 
     submitted.
       (e) Consultations.--In determining whether a duty 
     suspension or reduction meets the requirements described in 
     subsection (f), the Commission shall, not later than 30 days 
     before submitting a draft bill to the appropriate 
     congressional committees under subsection (d), conduct 
     consultations with the Commissioner responsible for U.S. 
     Customs and Border Protection, the Secretary of Commerce, the 
     United States Trade Representative, and the heads of other 
     relevant Federal agencies.
       (f) Requirements for Duty Suspensions and Reductions.--
       (1) In general.--A duty suspension or reduction meets the 
     requirements described in this subsection if--
       (A) the duty suspension or reduction can be administered by 
     U.S. Customs and Border Protection;
       (B) the estimated loss in revenue to the United States from 
     the duty suspension or reduction does not exceed the dollar 
     amount specified in paragraph (2) in a calendar year during 
     which the duty suspension or reduction would be in effect; 
     and
       (C) on the date on which the Commission submits a draft 
     bill to the appropriate congressional committees under 
     subsection (d) that includes the duty suspension or 
     reduction, the article to which the duty suspension or 
     reduction would apply is not produced in the United States 
     and is not expected to be produced in the United States 
     during the subsequent 12-month period.
       (2) Dollar amount specified.--
       (A) In general.--The dollar amount specified in this 
     paragraph is--
       (i) for calendar year 2013, $500,000; and
       (ii) for any calendar year after calendar year 2013, an 
     amount equal to $500,000 increased or decreased by an amount 
     equal to--

       (I) $500,000, multiplied by
       (II) the percentage (if any) of the increase or decrease 
     (as the case may be) in the Consumer Price Index for the 
     preceding calendar year compared to the Consumer Price Index 
     for calendar year 2012.

       (B) Rounding.--Any increase or decrease under subparagraph 
     (A) of the dollar amount specified in this paragraph shall be 
     rounded to the nearest dollar.
       (C) Consumer price index for any calendar year.--For 
     purposes of this paragraph, the Consumer Price Index for any 
     calendar year is the average of the Consumer Price Index as 
     of the close of the 12-month period ending on September 30 of 
     that calendar year.
       (D) Consumer price index defined.--For purposes of this 
     paragraph, the term ``Consumer Price Index'' means the 
     Consumer Price Index for All Urban Consumers published by the 
     Bureau of Labor Statistics of the Department of Labor.
       (3) Consideration of relevant information.--In determining 
     whether a duty suspension or reduction meets the requirements 
     described in paragraph (1), the Commission may consider any 
     information the Commission considers relevant to the 
     determination.
       (4) Judicial review precluded.--A determination of the 
     Commission with respect to whether or not a duty suspension 
     or reduction meets the requirements described in paragraph 
     (1) shall not be subject to judicial review.
       (g) Reports Required.--
       (1) In general.--Each time the Commission submits a draft 
     bill under subsection (d), the Commission shall submit to the 
     appropriate congressional committees a report on the duty 
     suspensions and reductions contained in the draft bill that 
     includes--
       (A) the views of the head of each agency consulted under 
     subsection (e); and
       (B) any objections received by the Commission during 
     consultations conducted under subsection (e) or through 
     public comments submitted under subsection (c), including--
       (i) objections with respect to duty suspensions or 
     reductions the Commission included in the draft bill; and
       (ii) objections that led to the Commission to determine not 
     to include a duty suspension or reduction in the draft bill.
       (2) Initial report on process.--Not later than 300 days 
     after the date of the enactment of this Act, the Commission 
     shall submit to the appropriate congressional committees a 
     report that includes--
       (A) an assessment of the effectiveness of the process 
     established under subsection (a) and the requirements of this 
     section;
       (B) to the extent practicable, a description of the effects 
     of duty suspensions and reductions recommended pursuant to 
     that process on the United States economy that includes--
       (i) a broad assessment of the economic effects of such duty 
     suspensions and reductions on producers, purchasers, and 
     consumers in the United States; and
       (ii) case studies describing such effects by industry or by 
     type of articles, as available data permits;
       (C) a comparison of the actual loss in revenue to the 
     United States resulting from duty suspensions and reductions 
     recommended pursuant to that process to the loss in such 
     revenue estimated during that process;
       (D) to the extent practicable, information on how broadly 
     or narrowly duty suspensions and reductions recommended 
     pursuant to that process were used by importers; and
       (E) any recommendations of the Commission for improving 
     that process and the requirements of this section.
       (h) Form of Draft Bill and Reports.--Each draft bill 
     submitted under subsection (d) and each report required by 
     subsection (g) shall be--
       (1) submitted to the appropriate congressional committees 
     in electronic form; and
       (2) made available to the public on the website of the 
     Commission.

     SEC. 204. REPORTS ON BENEFITS OF DUTY SUSPENSIONS OR 
                   REDUCTIONS TO SECTORS OF THE UNITED STATES 
                   ECONOMY.

       Not later than January 1, 2014, and annually thereafter, 
     the Commission shall submit

[[Page S4827]]

     to the appropriate congressional committees a report that--
       (1) makes recommendations with respect to sectors of the 
     United States economy that could benefit from duty 
     suspensions or reductions without causing harm to other 
     domestic interests; and
       (2) assesses the feasibility and advisability of suspending 
     or reducing duties on a sectoral basis rather than on 
     individual articles.
                                 ______
                                 
  SA 2491. Mr. HATCH (for himself, Mr. McConnell, Mr. Cornyn, Mr. 
Grassley, Mr. thune, Mr. Kyl, and Mr. Roberts) submitted an amendment 
intended to be proposed by him to the bill S. 2237, to provide a 
temporary income tax credit for increased payroll and extend bonus 
depreciation for an additional year, 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 ``Tax Relief Act of 2012''.

     SEC. 2. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) In General.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2012'' both places it appears and inserting 
     ``December 31, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.

     SEC. 3. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) In General.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2012'' and inserting ``December 31, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.

     SEC. 4. ALTERNATIVE MINIMUM TAX RELIEF.

       (a) Temporary Extension of Increased Alternative Minimum 
     Tax Exemption Amount.--
       (1) In general.--Paragraph (1) of section 55(d) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``$72,450'' and all that follows through 
     ``2011'' in subparagraph (A) and inserting ``$78,750 in the 
     case of taxable years beginning in 2012 and $79,850 in the 
     case of taxable years beginning in 2013'', and
       (B) by striking ``$47,450'' and all that follows through 
     ``2011'' in subparagraph (B) and inserting ``$50,600 in the 
     case of taxable years beginning in 2012 and $51,150 in the 
     case of taxable years beginning in 2013''.
       (b) Temporary Extension of Alternative Minimum Tax Relief 
     for Nonrefundable Personal Credits.--
       (1) In general.--Paragraph (2) of section 26(a) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``or 2011'' and inserting ``2011, 2012, or 
     2013'', and
       (B) by striking ``2011'' in the heading thereof and 
     inserting ``2013''.
       (c)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. 5. INSTRUCTIONS FOR TAX REFORM.

       (a) In General.--The Senate Committee on Finance shall 
     report legislation not later than 12 months after the date of 
     the enactment of this Act that consists of changes in laws 
     within its jurisdiction which meet the requirements of 
     subsection (b).
       (b) Requirements.--Legislation meets the requirements of 
     this subsection if the legislation--
       (1) simplifies the Internal Revenue Code of 1986 by 
     reducing the number of tax preferences and reducing 
     individual tax rates proportionally, with the highest 
     individual tax rate significantly below 35 percent;
       (2) permanently repeals the alternative minimum tax;
       (3) is projected, when compared to the current tax policy 
     baseline, to be revenue neutral or result in revenue losses;
       (4) has a dynamic effect which is projected to stimulate 
     economic growth and lead to increased revenue;
       (5) applies any increased revenue from stimulated economic 
     growth to additional rate reductions and does not permit any 
     such increased revenue to be used for additional Federal 
     spending;
       (6) retains a progressive tax code; and
       (7) provides for revenue-neutral reform of the taxation of 
     corporations and businesses by--
       (A) providing a top tax rate on corporations of no more 
     than 25 percent; and
       (B) implementing a competitive territorial tax system.
                                 ______
                                 
  SA 2492. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2237, to provide a temporary income tax 
credit for increased payroll and extend bonus depreciation for an 
additional year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. REPEAL OF CERTAIN LIMITATIONS ON HEALTH CARE 
                   BENEFITS.

       (a) Repeal of Distributions for Medicine Qualified Only if 
     for Prescribed Drug or Insulin.--
       (1) Hsas.--Section 223(d)(2)(A) of the Internal Revenue 
     Code of 1986 is amended by striking the last sentence 
     thereof.
       (2) Archer msas.--Section 220(d)(2)(A) of such Code is 
     amended by striking the last sentence thereof.
       (3) Health flexible spending arrangements and health 
     reimbursement arrangements.--Section 106 of such Code is 
     amended by striking subsection (f).
       (4) Effective date.--
       (A) Distributions from savings accounts.--The amendments 
     made by paragraphs (1) and (2) shall apply to amounts paid 
     with respect to taxable years beginning after December 31, 
     2011.
       (B) Reimbursements.--The amendment made by paragraph (3) 
     shall apply to expenses incurred with respect to taxable 
     years beginning after December 31, 2011.
       (b) Repeal of Limitation on Health Flexible Spending 
     Arrangements Under Cafeteria Plans.--
       (1) In general.--Section 106 of the Internal Revenue Code 
     of 1986 is amended by striking subsection (i) and by 
     redesignating subsections (j) and (k) as subsections (i) and 
     (j), respectively.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2012.
                                 ______
                                 
  SA 2493. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2237, to provide a temporary income tax 
credit for increased payroll and extend bonus depreciation for an 
additional year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. PERMANENT EXTENSION OF DEDUCTION FOR STATE AND LOCAL 
                   GENERAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) of 
     the Internal Revenue Code of 1986 is amended by striking ``, 
     and before January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.
                                 ______
                                 
  SA 2494. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2237, to provide a temporary income tax 
credit for increased payroll and extend bonus depreciation for an 
additional year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. _. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of such Act) shall not apply to sections 301, 302, and 303(a) 
     of such Act (relating to marriage penalty relief).
                                 ______
                                 
  SA 2495. Mr. ENZI (for himself, Ms. Snowe, Mr. Tester, Mr. Brown of 
Ohio, and Mr. Conrad) submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     TITLE __--TAX RETURN DUE DATE SIMPLIFICATION AND MODERNIZATION

     SEC. _01. SHORT TITLE; REFERENCE.

       (a) Short Title.--This title may be cited as the ``Tax 
     Return Due Date Simplification and Modernization Act of 
     2012''.
       (b) Reference.--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. _02. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S 
                   CORPORATION FORM 1120S, AND C CORPORATION FORM 
                   1120.

       (a) Partnerships.--
       (1) In general.--Section 6072 is amended by adding at the 
     end the following new subsection:
       ``(f) Returns of Partnerships.--Returns of partnerships 
     under section 6031 made on the basis of the calendar year 
     shall be filed on or before the 15th day of March following 
     the close of the calendar year, and such returns made on the 
     basis of a fiscal year shall be filed on or before the 15th 
     day of the third month following the close of the fiscal 
     year.''.
       (2) Conforming amendment.--Section 6072(a) is amended by 
     striking ``6017, or 6031'' and inserting ``or 6017''.
       (b) S Corporations.--
       (1) In general.--So much of subsection (b) of 6072 as 
     precedes the second sentence thereof is amended to read as 
     follows:
       ``(b) Returns of Certain Corporations.--Returns of S 
     corporations under sections 6012 and 6037 made on the basis 
     of the calendar year shall be filed on or before the 31st day 
     of March following the close of the calendar year, and such 
     returns made on the basis of a fiscal year shall be filed on 
     or before the last day of the third month following the close 
     of the fiscal year.''.

[[Page S4828]]

       (2) Conforming amendments.--
       (A) Section 1362(b) is amended--
       (i) by striking ``15th'' each place it appears and 
     inserting ``last'',
       (ii) by striking ``2\1/2\'' each place it appears and 
     inserting ``3'', and
       (iii) by striking ``2 months and 15 days'' in paragraph (4) 
     and inserting ``3 months''.
       (B) Section 1362(d)(1)(C)(i) is amended by striking 
     ``15th'' and inserting ``last''.
       (C) Section 1362(d)(1)(C)(ii) is amended by striking ``such 
     15th day'' and inserting ``the last day of the 3d month 
     thereof''.
       (c) Conforming Amendments Relating to C Corporations.--
       (1) Section 170(a)(2)(B) is amended by striking ``third 
     month'' and inserting ``4th month''.
       (2) Section 563 is amended by striking ``third month'' each 
     place it appears and inserting ``4th month''.
       (3) Section 1354(d)(1)(B)(i) is amended by striking ``3d 
     month'' and inserting ``4th month''.
       (4) Subsection (a) and (c) of section 6167 are each amended 
     by striking ``third month'' and inserting ``4th month''.
       (5) Section 6425(a)(1) is amended by striking ``third 
     month'' and inserting ``4th month''.
       (6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section 
     6655 are each amended by striking ``3rd month'' and inserting 
     ``4th month''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to returns for taxable years beginning after 
     December 31, 2012.

     SEC. _03. MODIFICATION OF DUE DATES BY REGULATION.

       In the case of returns for taxable years beginning after 
     December 31, 2012, the Secretary of the Treasury or the 
     Secretary's delegate shall modify appropriate regulations to 
     provide as follows:
       (1) The maximum extension for the returns of partnerships 
     filing Form 1065 shall be a 6-month period ending on 
     September 15 for calendar year taxpayers.
       (2) The maximum extension for the returns of trusts filing 
     Form 1041 shall be a 5\1/2\-month period ending on September 
     30 for calendar year taxpayers.
       (3) The maximum extension for the returns of employee 
     benefit plans filing Form 5500 shall be an automatic 3\1/2\-
     month period ending on November 15 for calendar year 
     taxpayers.
       (4) The maximum extension for the returns of organizations 
     exempt from income tax filing Form 990 shall be an automatic 
     6-month period ending on November 15 for calendar year 
     filers.
       (5) The due date of Form 3520-A (relating to the Annual 
     Information Return of Foreign Trust with a United States 
     Owner) for calendar year filers shall be April 15 with a 
     maximum extension for a 6-month period ending on October 15.
       (6) The due date of Form TD F 90-22.1 (relating to Report 
     of Foreign Bank and Financial Accounts) shall be April 15 
     with a maximum extension for a 6-month period ending on 
     October 15 and with provision for an extension under rules 
     similar to the rules in Treas. Reg. 1.6081-5.   For any 
     taxpayer required to file such Form for the first time, any 
     penalty for failure to timely request for, or file, an 
     extension, may be waived by the Secretary of the Treasury or 
     the Secretary's delegate.

     SEC. _04. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH 
                   EXTENSION OF INCOME TAX RETURNS.

       (a) In General.--Section 6081(b) is amended by striking ``3 
     months'' and inserting ``6 months''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns for taxable years beginning after 
     December 31, 2012.
                                 ______
                                 
  SA 2496. Mr. ENZI (for himself, Mr. Durbin, Mr. Alexander, Mr. 
Johnson of South Dakota, Mr. Boozman, Mr. Reed, Mr. Whitehouse, Mr. 
Bingaman, Mr. Cardin, Mr. Rockefeller, and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 2237, to 
provide a temporary income tax credit for increased payroll and extend 
bonus depreciation for an additional year, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                     TITLE __--MARKETPLACE FAIRNESS

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Marketplace Fairness 
     Act''.

     SEC. __2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) States should have the ability to enforce their 
     existing sales and use tax laws and to treat similar sales 
     transactions equally, without regard to the manner in which 
     the sale is transacted,
       (2) States should have    the right to collect--or decide 
     not to collect--taxes that are already owed under State law, 
     and
       (3) States should simplify their sales and use tax systems 
     to ease burdens on remote sellers.

     SEC. __3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND 
                   USE TAXES.

       (a) Streamlined Sales and Use Tax Agreement.--Each Member 
     State under the Streamlined Sales and Use Tax Agreement is 
     authorized to require all sellers not qualifying for a small 
     seller exception to collect and remit sales and use taxes 
     with respect to remote sales sourced to that Member State 
     pursuant to the provisions of the Streamlined Sales and Use 
     Tax Agreement. Such authority shall commence beginning on the 
     date that the State publishes notice of the State's intent to 
     exercise the authority under this title, but no earlier than 
     the first day of the calendar quarter that is at least 90 
     days after the date of the enactment of this Act.
       (b) Alternative.--
       (1) In general.--A State that is not a Member State under 
     the Streamlined Sales and Use Tax Agreement is authorized to 
     require all sellers not qualifying for the small seller 
     exception to collect and remit sales and use taxes with 
     respect to remote sales sourced to that State, but only if 
     the State adopts and implements minimum simplification 
     requirements. Such authority shall commence beginning no 
     earlier than the first day of the calendar quarter that is at 
     least 6 months after the date that the State enacts 
     legislation to exercise the authority granted by this title 
     and to implement each of the following minimum simplification 
     requirements:
       (A) Provide--
       (i) a single entity within the State responsible for all 
     State and local sales and use tax administration, including 
     return processing and audits for remote sales sourced to the 
     State,
       (ii) a single audit of remote sellers for all State and 
     local taxing jurisdictions within that State, and
       (iii) a single sales and use tax return to be used by 
     remote sellers and single and consolidated providers and to 
     be filed with the single entity within the State.
       (B) Provide a uniform sales and use tax base among the 
     State and the local taxing jurisdictions within the State.
       (C) Source all interstate sales in compliance with the 
     sourcing regime set forth in section __6(8).
       (D) Provide--
       (i) adequate software and services to remote sellers and 
     single and consolidated providers that identifies the 
     applicable destination rate, including the State and local 
     sales tax rate (if any), to be applied on sales sourced to 
     the State, and
       (ii) certification procedures for both single providers and 
     consolidated providers to make software and services 
     available to remote sellers, and hold such providers harmless 
     for any errors or omissions as a result of relying on 
     information provided by the State.
       (E) Relieve remote sellers from liability to the State or 
     locality for the incorrect collection or remittance of sales 
     or use tax, including any penalties or interest, if the 
     liability is the result of an error or omission made by a 
     single or consolidated provider.
       (F) Relieve single and consolidated providers from 
     liability to the State or locality for the incorrect 
     collection or remittance of sales or use tax, including any 
     penalties or interest, if the liability is the result of 
     misleading or inaccurate information provided by a seller.
       (G) Relieve remote sellers and single and consolidated 
     providers from liability to the State or locality for the 
     incorrect collection or remittance of sales or use tax, 
     including any penalties or interest, if the liability is the 
     result of information provided by the State or locality.
       (H) Provide remote sellers and single and consolidated 
     providers with 30 days notice of a rate change by the State 
     or any locality in the State.
       (2) Treatment of local rate changes.--For purposes of this 
     subsection, local rate changes may only be effective on the 
     first day of a calendar quarter. Failure to provide notice 
     under paragraph (1)(H) shall require the State and locality 
     to hold the remote seller or single or consolidated provider 
     harmless for collecting tax at the immediately preceding 
     effective rate during the 30-day period. Each State must 
     provide updated rate information as part of the software and 
     services required by paragraph (1)(D).
       (c) Small Seller Exception.--A State shall be authorized to 
     require a remote seller, or a single or consolidated provider 
     acting on behalf of a remote seller, to collect sales or use 
     tax under this title if the remote seller has gross annual 
     receipts in total remote sales in the United States in the 
     preceding calendar year exceeding $500,000.   For purposes of 
     determining whether the threshold in this subsection is met, 
     the sales of all persons related within the meaning of 
     subsections (b) and (c) of section 267 or section 707(b)(1) 
     of the Internal Revenue Code of 1986 shall be aggregated.

     SEC. __4. TERMINATION OF AUTHORITY.

       The authority granted to a State by this title shall 
     terminate on the date that the highest court of competent 
     jurisdiction makes a final determination that the State no 
     longer meets the requirements of this title, and the 
     determination of such court is no longer subject to appeal.

     SEC. __5. LIMITATIONS.

       (a) In General.--Nothing in this title shall be construed 
     as--
       (1) subjecting a seller or any other person to franchise, 
     income, or any other type of taxes, other than sales and use 
     taxes,
       (2) affecting the application of such taxes, or
       (3) enlarging or reducing State authority to impose such 
     taxes.
       (b) No Effect on Nexus.--No obligation imposed by virtue of 
     the authority granted

[[Page S4829]]

     by this title shall be considered in determining whether a 
     seller or any other person has a nexus with any State for any 
     purpose other than sales and use taxes.
       (c) Licensing and Regulatory Requirements.--Other than the 
     limitation set forth in subsection (a), and section __3, 
     nothing in this title shall be construed as permitting or 
     prohibiting a State from--
       (1) licensing or regulating any person,
       (2) requiring any person to qualify to transact intrastate 
     business,
       (3) subjecting any person to State taxes not related to the 
     sale of goods or services, or
       (4) exercising authority over matters of interstate 
     commerce.
       (d) No New Taxes.--Nothing in this title shall be construed 
     as encouraging a State to impose sales and use taxes on any 
     goods or services not subject to taxation prior to the date 
     of the enactment of this Act.
       (e) No Effect on Mobile Telecommunications Sourcing Act.--
     Nothing in this title shall be construed as altering in any 
     manner or preempting the Mobile Telecommunications Sourcing 
     Act (4 U.S.C. 116-126).
       (f) Intrastate Sales.--The provisions of this title shall 
     only apply to remote sales and shall not apply to intrastate 
     sales or intrastate sourcing rules. States granted authority 
     under section 3(a) shall comply with the intrastate 
     provisions of the Streamlined Sales and Use Tax Agreement.

     SEC. __6. DEFINITIONS AND SPECIAL RULES.

       In this title:
       (1) Consolidated provider.--The term ``consolidated 
     provider'' means any person certified by a State who has the 
     rights and responsibilities for sales and use tax 
     administration, collection, remittance, and audits for 
     transactions serviced or processed for the sale of goods or 
     services made by remote sellers on an aggregated basis.
       (2) Locality; local.--The terms ``locality'' and ``local'' 
     refer to any political subdivision of a State.
       (3) Member state.--The term ``Member State''--
       (A) means a Member State as that term is used under the 
     Streamlined Sales and Use Tax Agreement as in effect on the 
     date of the enactment of this Act, and
       (B) does not include any associate member under the 
     Streamlined Sales and Use Tax Agreement.
       (4) Person.--The term ``person'' means an individual, 
     trust, estate, fiduciary, partnership, corporation, limited 
     liability company, or other legal entity, and a State or 
     local government.
       (5) Remote sale.--The term ``remote sale'' means a sale of 
     goods or services attributed to a State with respect to which 
     a seller does not have adequate physical presence to 
     establish nexus under Quill Corp. v. North Dakota, 504 U.S. 
     298 (1992).
       (6) Remote seller.--The term ``remote seller'' means a 
     person that makes remote sales in a State.
       (7) Single provider.--The term ``single provider'' means 
     any person certified by a State who has the rights and 
     responsibilities for sales and use tax administration, 
     collection, remittance, and audits for transactions serviced 
     or processed for the sale of goods or services made by remote 
     sellers.
       (8) Sourced.--For purposes of a State granted authority 
     under section __3(b), the location to which a remote sale is 
     sourced refers to the location where the item sold is 
     received by the purchaser, based on the location indicated by 
     instructions for delivery that the purchaser furnishes to the 
     seller. When no delivery location is specified, the remote 
     sale is sourced to the customer's address that is either 
     known to the seller or, if not known, obtained by the seller 
     during the consummation of the transaction, including the 
     address of the customer's payment instrument if no other 
     address is available. If an address is unknown and a billing 
     address cannot be obtained, the remote sale is sourced to the 
     address of the seller from which the remote sale was made. A 
     State granted authority under section __3(a) shall comply 
     with the sourcing provisions of the Streamlined Sales and Use 
     Tax Agreement.
       (9) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, American Samoa, the United States Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and any 
     other territory or possession of the United States.
       (10) Streamlined sales and use tax agreement.--The term 
     ``Streamlined Sales and Use Tax Agreement'' means the multi-
     State agreement with that title adopted on November 12, 2002, 
     as in effect on the date of the enactment of this Act and as 
     further amended from time to time.

     SEC. __7. SEVERABILITY.

       If any provision of this title or the application of such 
     provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this title and the 
     application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
                                 ______
                                 
  SA 2497. Mr. HATCH (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill S. 2237, to 
provide a temporary income tax credit for increased payroll and extend 
bonus depreciation for an additional year, 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 ``Tax Relief Act of 2012''.

     SEC. 2. TEMPORARY EXTENSION OF 2001 TAX RELIEF.

       (a) In General.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 is amended by striking 
     ``December 31, 2012'' both places it appears and inserting 
     ``December 31, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001.

     SEC. 3. TEMPORARY EXTENSION OF 2003 TAX RELIEF.

       (a) In General.--Section 303 of the Jobs and Growth Tax 
     Relief Reconciliation Act of 2003 is amended by striking 
     ``December 31, 2012'' and inserting ``December 31, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the Jobs 
     and Growth Tax Relief Reconciliation Act of 2003.

     SEC. 4. ALTERNATIVE MINIMUM TAX RELIEF.

       (a) Temporary Extension of Increased Alternative Minimum 
     Tax Exemption Amount.--
       (1) In general.--Paragraph (1) of section 55(d) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``$72,450'' and all that follows through 
     ``2011'' in subparagraph (A) and inserting ``$78,750 in the 
     case of taxable years beginning in 2012 and $79,850 in the 
     case of taxable years beginning in 2013'', and
       (B) by striking ``$47,450'' and all that follows through 
     ``2011'' in subparagraph (B) and inserting ``$50,600 in the 
     case of taxable years beginning in 2012 and $51,150 in the 
     case of taxable years beginning in 2013''.
       (b) Temporary Extension of Alternative Minimum Tax Relief 
     for Nonrefundable Personal Credits.--
       (1) In general.--Paragraph (2) of section 26(a) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``or 2011'' and inserting ``2011, 2012, or 
     2013'', and
       (B) by striking ``2011'' in the heading thereof and 
     inserting ``2013''.
       (c)  Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. 5. INSTRUCTIONS FOR TAX REFORM.

       (a) In General.--The Senate Committee on Finance shall 
     report legislation not later than 12 months after the date of 
     the enactment of this Act that consists of changes in laws 
     within its jurisdiction which meet the requirements of 
     subsection (b).
       (b) Requirements.--Legislation meets the requirements of 
     this subsection if the legislation--
       (1) simplifies the Internal Revenue Code of 1986 by 
     reducing the number of tax preferences and reducing 
     individual tax rates proportionally, with the highest 
     individual tax rate significantly below 35 percent;
       (2) permanently repeals the alternative minimum tax;
       (3) is projected, when compared to the current tax policy 
     baseline, to be revenue neutral or result in revenue losses;
       (4) has a dynamic effect which is projected to stimulate 
     economic growth and lead to increased revenue;
       (5) applies any increased revenue from stimulated economic 
     growth to additional rate reductions and does not permit any 
     such increased revenue to be used for additional Federal 
     spending;
       (6) retains a progressive tax code; and
       (7) provides for revenue-neutral reform of the taxation of 
     corporations and businesses by--
       (A) providing a top tax rate on corporations of no more 
     than 25 percent; and
       (B) implementing a competitive territorial tax system.
                                 ______
                                 
  SA 2498. Mr. RUBIO (for himself, Mr. Cornyn, and Mrs. Hutchison) 
submitted an amendment intended to be proposed by him to the bill S. 
2237, to provide a temporary income tax credit for increased payroll 
and extend bonus depreciation for an additional year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON TREASURY REGULATIONS WITH RESPECT TO 
                   INFORMATION REPORTING ON CERTAIN INTEREST PAID 
                   TO NONRESIDENT ALIENS.

       Except to the extent provided in Treasury Regulations as in 
     effect on February 21, 2011, the Secretary of the Treasury 
     shall not require (by regulation or otherwise) that an 
     information return be made by a payor of interest in the case 
     of interest--
       (1) which is described in section 871(i)(2)(A) of the 
     Internal Revenue Code of 1986; and
       (2) which is paid--
       (A) to a nonresident alien; and
       (B) on a deposit maintained at an office within the United 
     States.
                                 ______
                                 
  SA 2499. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a

[[Page S4830]]

temporary income tax credit for increased payroll and extend bonus 
depreciation for an additional year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. REDUCTIONS IN INDIVIDUAL CAPITAL GAINS AND DIVIDENDS 
                   TAX RATE MADE PERMANENT.

       Section 303 of the Jobs and Growth Tax Relief 
     Reconciliation Act of 2003 (relating to sunset of title) is 
     repealed.
                                 ______
                                 
  SA 2500. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. MORTGAGE FORGIVENESS TAX RELIEF.

       (a) In General.--Subparagraph (E) of section 108(a)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2013'' and inserting ``January 1, 2015''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to indebtedness discharged after December 31, 
     2012.
                                 ______
                                 
  SA 2501. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. PERMANENT EXTENSION OF ELECTION TO DEDUCT STATE AND 
                   LOCAL SALES TAXES.

       (a) In General.--Subparagraph (I) of section 164(b)(5) of 
     the Internal Revenue Code of 1986 is amended by striking ``, 
     and before January 1, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2012.
                                 ______
                                 
  SA 2502. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 2237, to provide a temporary income tax 
credit for increased payroll and extend bonus depreciation for an 
additional year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. GRAZING ON PUBLIC RANGELANDS.

       Section 6 of the Public Rangelands Improvement Act of 1978 
     (43 U.S.C. 1905) is amended--
       (1) by striking the section heading and all that follows 
     through ``(a) For the'' and inserting the following:

     ``SEC. 6. GRAZING FEES.

       ``(a) Establishment of Fees.--
       ``(1) In general.--For the''; and
       (2) in subsection (a), by adding at the end the following:
       ``(2) Grazing on public rangelands.--When establishing fees 
     for grazing private livestock on public rangelands, the 
     Secretary (with respect to land managed by the Bureau of Land 
     Management (including land held for the benefit of an Indian 
     tribe)) and the Secretary of Agriculture (with respect to 
     National Forest System land) shall set the rate at a level 
     that is comparable to the rate charged by private landowners 
     in the area or region, as determined by the applicable 
     Secretary.''.
                                 ______
                                 
  SA 2503. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. SECRET BALLOT ELECTIONS.

       No Federal funds may be used to litigate against any of the 
     several States on behalf of the National Labor Relations 
     Board pertaining to secret ballot union elections.
                                 ______
                                 
  SA 2504. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENT OF DUE PROCESS.

       None of the funds made available under this or any other 
     Act, may be used to promulgate, administer, enforce, or 
     otherwise implement the Representation-Case Procedures, 
     published at 76 Fed. Reg. 80138 (December 22, 2011)), unless 
     such Procedures are modified to guarantee procedural due 
     process rights for all parties prior to the election, 
     including the ability to determine the appropriate bargaining 
     unit and the opportunity to present and counter evidence and 
     to require the imposition of at least a 30-day interval 
     between the date on which an election is directed and the 
     date on which the resulting election is held.
                                 ______
                                 
  SA 2505. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2237, to provide a temporary income tax credit for 
increased payroll and extend bonus depreciation for an additional year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriation place, insert the following:

     SEC. __. MICRO-UNIONS.

       No Federal funds shall be used to implement, create, apply, 
     or enforce through prosecution, adjudication, rulemaking, or 
     the issuing of any interpretation, opinion, certification, 
     decision, or policy, and standard for initial bargaining unit 
     determinations that conflicts with the standard articulated 
     in the majority opinion in Wheeling Island Gaming Inc. and 
     United Food Commercial Workers International Union, Local 23, 
     355 NLRB No. 127 (August 27, 2010) (including but not limited 
     to the majority opinion in footnote 2), except for unit 
     determinations currently governed by NLRB Rule Section 103.30 
     for employers currently covered by such rules.
                                 ______
                                 
  SA 2506. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2237, to provide a temporary income tax credit 
for increased payroll and extend bonus depreciation for an additional 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. __. REPEAL OF OBAMACARE.

       (a) Findings.--Congress finds the following with respect to 
     the impact of Public Law 111-148 and related provisions of 
     Public Law 111-152 (collectively referred to in this section 
     as ``the law''):
       (1) President Obama promised the American people that if 
     they liked their current health coverage, they could keep it. 
     But even the Obama Administration admits that tens of 
     millions of Americans are at risk of losing their health care 
     coverage, including as many as 8 in 10 plans offered by small 
     businesses.
       (2) Despite projected spending of more than two trillion 
     dollars over the next 10 years, cutting Medicare by more than 
     one-half trillion dollars over that period, and increasing 
     taxes by over $800 billion dollars over that period, the law 
     does not lower health care costs. In fact, the law actually 
     makes coverage more expensive for millions of Americans. The 
     average American family already paid a premium increase of 
     approximately $1,200 in the year following passage of the 
     law. The Congressional Budget Office (CBO) predicts that 
     health insurance premiums for individuals buying private 
     health coverage on their own will increase by $2,100 in 2016 
     compared to what the premiums would have been in 2016 if the 
     law had not passed.
       (3) The law cuts more than one-half trillion dollars in 
     Medicare and uses the funds to create a new entitlement 
     program rather than to protect and strengthen the Medicare 
     program. Actuaries at the Centers for Medicare & Medicaid 
     Services (CMS) warn that the Medicare cuts contained in the 
     law are so drastic that ``providers might end their 
     participation in the program (possibly jeopardizing access to 
     care for beneficiaries)''. CBO cautioned that the Medicare 
     cuts ``might be difficult to sustain over a long period of 
     time''. According to the CMS actuaries, 7.4 million Medicare 
     beneficiaries who would have been enrolled in a Medicare 
     Advantage plan in 2017 will lose access to their plan because 
     the law cuts $206 billion in payments to Medicare Advantage 
     plans. The Trustees of the Medicare Trust Funds predict that 
     the law will result in a substantial decline in employer-
     sponsored retiree drug coverage, and 90 percent of seniors 
     will no longer have access to retiree drug coverage by 2016 
     as a result of the law.
       (4) The law creates a 15-member, unelected Independent 
     Payment Advisory Board that is empowered to make binding 
     decisions regarding what treatments Medicare will cover and 
     how much Medicare will pay for treatments solely to cut 
     spending, restricting access to health care for seniors.
       (5) The law and the more than 13,000 pages of related 
     regulations issued before July 11, 2012, are causing great 
     uncertainty, slowing economic growth, and limiting hiring 
     opportunities for the approximately 13 million Americans 
     searching for work. Imposing higher costs on businesses will 
     lead to lower wages, fewer workers, or both.
       (6) The law imposes 21 new or higher taxes on American 
     families and businesses, including 12 taxes on families 
     making less than $250,000 a year.
       (7) While President Obama promised that nothing in the law 
     would fund elective abortion, the law expands the role of the 
     Federal Government in funding and facilitating abortion and 
     plans that cover abortion. The law appropriates billions of 
     dollars in new funding without explicitly prohibiting the use 
     of these funds for abortion, and it provides Federal 
     subsidies for health plans covering elective abortions. 
     Moreover, the law effectively forces millions of individuals 
     to personally pay a separate abortion premium in violation of 
     their sincerely held religious, ethical, or moral beliefs.

[[Page S4831]]

       (8) Until enactment of the law, the Federal Government has 
     not sought to impose specific coverage or care requirements 
     that infringe on the rights of conscience of insurers, 
     purchasers of insurance, plan sponsors, beneficiaries, and 
     other stakeholders, such as individual or institutional 
     health care providers. The law creates a new nationwide 
     requirement for health plans to cover ``essential health 
     benefits'' and ``preventive services'', but does not allow 
     stakeholders to opt out of covering items or services to 
     which they have a religious or moral objection, in violation 
     of the Religious Freedom Restoration Act (Public Law 103-
     141). By creating new barriers to health insurance and 
     causing the loss of existing insurance arrangements, these 
     inflexible mandates jeopardize the ability of institutions 
     and individuals to exercise their rights of conscience and 
     their ability to freely participate in the health insurance 
     and health care marketplace.
       (9) The law expands government control over health care, 
     adds trillions of dollars to existing liabilities, drives 
     costs up even further, and too often put Federal bureaucrats, 
     instead of doctors and patients, in charge of health care 
     decisionmaking.
       (10) The path to patient-centered care and lower costs for 
     all Americans must begin with a full repeal of the law.
       (b) Repeal.--
       (1) PPACA.--Effective as of the enactment of Public Law 
     111-148, such Act (other than subsection (d) of section 1899A 
     of the Social Security Act, as added and amended by sections 
     3403 and 10320 of such Public Law) is repealed, and the 
     provisions of law amended or repealed by such Act (other than 
     such subsection (d)) 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.

     SEC. __. BUDGETARY EFFECTS OF THIS ACT.

       The budgetary effects of this Act, 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 Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 2507. Mr. BROWN of Ohio (for Mr. Wicker) proposed an amendment to 
the resolution S. Res. 429, supporting the goals and ideals of World 
Malaria Day; as follows:

       On page 4, line 14, strike ``strongly supports'' and insert 
     ``welcomes''.

                          ____________________