[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[Senate]
[Pages 3113-3126]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1809. Mr. GRASSLEY 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, add the following:

                    TITLE V--BANKRUPTCY VENUE REFORM

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Chapter 11 Bankruptcy 
     Venue Reform Act of 2012''.

     SEC. 502. AMENDMENTS.

       Section 1408 of title 28, United States Code, is amended--
       (1) by inserting ``(a)'' before ``Except'',
       (2) by inserting ``and subsection (b) of this section'' 
     after ``this title'', and
       (3) by adding at the end the following:
       ``(b) A case under chapter 11 of title 11 in which the 
     person that is the subject of the case is a corporation may 
     be commenced only in the district court for the district--
       ``(1) in which the principal place of business in the 
     United States, or principal assets in the United States, of 
     such corporation have been located for 1 year immediately 
     preceding such commencement, or for a longer portion of such 
     1-year period than the principal place of business in the 
     United States, or principal assets in the United States, of 
     such corporation were located in any other district; or
       ``(2) in which there is pending a case under chapter 11 of 
     title 11 concerning an affiliate of such corporation, if the 
     affiliate in such pending case directly or indirectly owns, 
     controls, or holds with power to vote more than 50 percent of 
     the outstanding voting securities of such corporation.''.

     SEC. 503. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this title and the amendments made by this title shall take 
     effect on the date of enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     title shall apply only with respect to cases commenced under 
     title 11 of the United States Code on or after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1810. Mr. CORKER 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 of division A, add the 
     following:

     SEC. ___. LIMITATION ON EXPENDITURES.

       Notwithstanding any other provision of law, if the 
     Secretary determines for any fiscal year that the estimated 
     governmental receipts required to carry out transportation 
     programs and projects under this Act and amendments made by 
     this Act (as projected by the Secretary of the Treasury) does 
     not produce a positive balance in the Highway Trust Fund 
     available for those programs and projects for the fiscal 
     year, each amount made available for such a program or 
     project shall be reduced by the pro rata percentage required 
     to reduce the aggregate amount required to carry out those 
     programs and projects to an amount equal to that available 
     for those programs and projects in the Highway Trust Fund for 
     the fiscal year.
                                 ______
                                 
  SA 1811. Mr. BINGAMAN 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:

     SEC. __. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES 
                   AND THE REPUBLIC OF PALAU.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the Agreement 
     and appendices signed by the United States and the Republic 
     of Palau on September 3, 2010.
       (2) Compact of free association.--The term ``Compact of 
     Free Association'' means the Compact of Free Association 
     between the Government of the United States of America and 
     the Government of Palau (48 U.S.C. 1931 note; Public Law 99-
     658).
       (b) Results of Compact Review.--
       (1) In general.--Title I of Public Law 99-658 (48 U.S.C. 
     1931 et seq.) is amended by adding at the end the following:

     ``SEC. 105. RESULTS OF COMPACT REVIEW.

       ``(a) In General.--The Agreement and appendices signed by 
     the United States and the Republic of Palau on September 3, 
     2010 (referred to in this section as the `Agreement'), in 
     connection with section 432 of the Compact of Free 
     Association between the Government of the United States of 
     America and the Government of Palau (48 U.S.C. 1931 note; 
     Public Law 99-658) (referred to in this section as the 
     `Compact of Free Association'), are approved--
       ``(1) except for the extension of Article X of the 
     Agreement Regarding Federal Programs and Services, and 
     Concluded Pursuant to Article II of Title Two and Section 232 
     of the Compact of Free Association; and
       ``(2) subject to the provisions of this section.
       ``(b) Withholding of Funds.--If the Agreement becomes 
     effective during fiscal year

[[Page 3114]]

     2012, and if during the period beginning on September 30, 
     2011, and ending on the effective date of the Agreement, the 
     Republic of Palau withdraws an amount greater than $5,000,000 
     from the trust fund established under section 211(f) of the 
     Compact of Free Association, amounts payable under sections 
     1, 2(a), 3, and 4(a) of the Agreement shall be withheld from 
     the Republic of Palau until the date on which the Republic of 
     Palau reimburses the trust fund for the amount withdrawn that 
     exceeds $5,000,000.
       ``(c) Funding for Certain Provisions Under Section 105 of 
     Compact of Free Association.--On the date of enactment of 
     this section, out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Secretary of the Interior such sums as are necessary for 
     the Secretary of the Interior to implement sections 1, 2(a), 
     3, 4(a), and 5 of the Agreement, which sums shall remain 
     available until expended without any further appropriation.
       ``(d) Authorizations of Appropriations.--There are 
     authorized to be appropriated--
       ``(1) to the Secretary of the Interior to subsidize postal 
     services provided by the United States Postal Service to the 
     Republic of Palau, the Republic of the Marshall Islands, and 
     the Federated States of Micronesia $1,500,000 for each of 
     fiscal years 2012 through 2024, to remain available until 
     expended; and
       ``(2) to the head of each Federal entity described in 
     paragraphs (1), (3), and (4) of section 221(a) of the Compact 
     of Free Association (including the successor of each Federal 
     entity) to carry out the responsibilities of the Federal 
     entity under section 221(a) of the Compact of Free 
     Association such sums as are necessary, to remain available 
     until expended.''.
       (2) Offset.--Section 3 of the Act of June 30, 1954 (68 
     Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
       (c) Payment Schedule; Withholding of Funds; Funding.--
       (1) Infrastructure maintenance fund.--Subsection (a) of 
     section 2 of the Agreement shall be construed as though the 
     subsection reads as follows:
       ``(a) The Government of the United States shall provide a 
     grant of $2,000,000 for fiscal year 2012, a grant of 
     $4,000,000 for fiscal year 2013, and a grant of $2,000,000 
     annually from the beginning of fiscal year 2014 through 
     fiscal year 2024 to create a trust fund (the `Infrastructure 
     Maintenance Fund') to be used for the routine and periodic 
     maintenance of major capital improvement projects financed by 
     funds provided by the United States. The Government of the 
     Republic of Palau will match the contributions made by the 
     United States by making contributions of $150,000 to the 
     Infrastructure Maintenance Fund on a quarterly basis for 
     fiscal year 2012, by making contributions of $300,000 to the 
     Infrastructure Maintenance Fund on a quarterly basis for 
     fiscal year 2013, and contributions of $150,000 to the 
     Infrastructure Maintenance Fund on a quarterly basis from the 
     beginning of fiscal year 2014 through fiscal year 2024. 
     Implementation of this subsection shall be carried out in 
     accordance with the provisions of Appendix A to this 
     Agreement.''.
       (2) Fiscal consolidation fund.--Section 3 of the Agreement 
     shall be construed as though the section reads as follows:

     ``SEC. 3. FISCAL CONSOLIDATION FUND.

       ``In addition to $411,000 already provided in 2012, the 
     Government of the United States shall provide the Government 
     of Palau $4,589,000 in fiscal year 2012 and $5,000,000 in 
     fiscal year 2013 for deposit in an interest bearing account 
     to be used to reduce government payment arrears of Palau. 
     Implementation of this section shall be carried out in 
     accordance with the provisions of Appendix B to this 
     Agreement.''.
       (3) Direct economic assistance.--Subsections (a) and (b) of 
     section 4 of the Agreement shall be construed as though the 
     subsections read as follows:
       ``(a) In addition to the economic assistance of $13,147,000 
     provided to the Government of Palau by the Government of the 
     United States in each of fiscal years 2010, 2011, and 2012, 
     and unless otherwise specified in this Agreement or in an 
     Appendix to this Agreement, the Government of the United 
     States shall provide the Government of Palau $81,750,000 in 
     economic assistance as follows: $12,500,000 in fiscal year 
     2013; $12,000,000 in fiscal year 2014; $11,500,000 in fiscal 
     year 2015; $10,000,000 in fiscal year 2016; $8,500,000 in 
     fiscal year 2017; $7,250,000 in fiscal year 2018; $6,000,000 
     in fiscal year 2019; $5,000,000 in fiscal year 2020; 
     $4,000,000 in fiscal year 2021; $3,000,000 in fiscal year 
     2022; and $2,000,000 in fiscal year 2023. Of the $13,147,000 
     in economic assistance already provided to the Government of 
     Palau in 2012, $12,706,000 is for economic assistance while 
     the remaining $411,000 is for the Fiscal Consolidation Fund. 
     The funds provided in any fiscal year under this subsection 
     for economic assistance shall be provided in 4 quarterly 
     payments (30 percent in the first quarter, 30 percent in the 
     second quarter, 20 percent in the third quarter, and 20 
     percent in the fourth quarter) unless otherwise specified in 
     this Agreement or in an Appendix to this Agreement.
       ``(b) Notwithstanding the provisions of Compact section 
     211(f) and the Agreement Between the Government of the United 
     States and the Government of Palau Regarding Economic 
     Assistance Concluded Pursuant to Section 211(f) of the 
     Compact of Free Association, with respect to fiscal year 2011 
     the Government of Palau did not exceed a $5,000,000 
     distribution from the Section 211(f) Fund and, with respect 
     to fiscal years 2012 through fiscal year 2023 and except as 
     otherwise agreed by the Government of the United States and 
     the Government of Palau, the Government of Palau agrees not 
     to exceed the following distributions from the Section 211(f) 
     Fund: $5,000,000 annually beginning in fiscal year 2012 
     through fiscal year 2013; $5,250,000 in fiscal year 2014; 
     $5,500,000 in fiscal year 2015; $6,750,000 in fiscal year 
     2016; $8,000,000 in fiscal year 2017; $9,000,000 in fiscal 
     year 2018; $10,000,000 in fiscal year 2019; $10,500,000 in 
     fiscal year 2020; $11,000,000 in fiscal year 2021; 
     $12,000,000 in fiscal year 2022; and $13,000,000 in fiscal 
     year 2023.''.
       (4) Infrastructure projects.--Section 5 of the Agreement 
     shall be construed as though the section reads as follows:

     ``SEC. 5. INFRASTRUCTURE PROJECTS.

       ``The Government of the United States shall provide grants 
     totaling $40,000,000 to the Government of Palau as follows: 
     $8,000,000 annually in fiscal years 2012 through fiscal year 
     2014; $6,000,000 in fiscal year 2015; and $5,000,000 annually 
     in fiscal years 2016 and 2017; towards 1 or more mutually 
     agreed infrastructure projects in accordance with the 
     provisions of Appendix C to this Agreement.''.
       (d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) 
     of the Compact of Free Association Amendments Act of 2003 (48 
     U.S.C. 192ld(f)(1)(B)(ix)) is amended by striking ``2009'' 
     and inserting ``2024''.
       (e) Passport Requirement.--Section 141 of Article IV of 
     Title One of the Compact of Free Association shall be 
     construed and applied as if it read as follows:

     ``SEC. 141. PASSPORT REQUIREMENT.

       ``(a) Any person in the following categories may be 
     admitted to, lawfully engage in occupations, and establish 
     residence as a nonimmigrant in the United States and its 
     territories and possessions without regard to paragraphs (5) 
     or (7)(B)(i)(II) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(5) or (a)(7)(B)(i)(II)), 
     provided that the passport presented to satisfy section 
     212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-
     readable passport that satisfies the internationally accepted 
     standard for machine readability--
       ``(1) a person who, on September 30, 1994, was a citizen of 
     the Trust Territory of the Pacific Islands, as defined in 
     title 53 of the Trust Territory Code in force on January 1, 
     1979, and has become and remains a citizen of Palau;
       ``(2) a person who acquires the citizenship of Palau, at 
     birth, on or after the effective date of the Constitution of 
     Palau; or
       ``(3) a naturalized citizen of Palau, who has been an 
     actual resident of Palau for not less than five years after 
     attaining such naturalization and who holds a certificate of 
     actual residence.
       ``(b) Such persons shall be considered to have the 
     permission of the Secretary of Homeland Security of the 
     United States to accept employment in the United States.
       ``(c) The right of such persons to establish habitual 
     residence in a territory or possession of the United States 
     may, however, be subjected to non-discriminatory limitations 
     provided for--
       ``(1) in statutes or regulations of the United States; or
       ``(2) in those statutes or regulations of the territory or 
     possession concerned which are authorized by the laws of the 
     United States.
       ``(d) Section 141(a) does not confer on a citizen of Palau 
     the right to establish the residence necessary for 
     naturalization under the Immigration and Nationality Act, or 
     to petition for benefits for alien relatives under that Act. 
     Section 141(a), however, shall not prevent a citizen of Palau 
     from otherwise acquiring such rights or lawful permanent 
     resident alien status in the United States.''.
                                 ______
                                 
  SA 1812. Ms. STABENOW 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 of division D, insert the following:

     SEC. ____. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT EXISTING 
                   HOMES.

       (a) In General.--Paragraph (2) of section 25C(g) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2011.

     SEC. ____. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN ELECTRIC 
                   VEHICLES.

       (a) In General.--Subsection (f) of section 30 of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to vehicles acquired after December 31, 2011.

     SEC. ____. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE 
                   REFUELING PROPERTY.

       (a) Extension.--Paragraph (2) of section 30C(g) of the 
     Internal Revenue Code of 1986 is

[[Page 3115]]

     amended by striking ``December 31, 2011.'' and inserting 
     ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2011.

     SEC. ____. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT.

       (a) In General.--Subparagraph (H) of section 40(b)(6) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(H) Application of paragraph.--
       ``(i) In general.--This paragraph shall apply with respect 
     to qualified cellulosic biofuel production after December 31, 
     2008, and before January 1, 2014.
       ``(ii) No carryover to certain years after expiration.--If 
     this paragraph ceases to apply for any period by reason of 
     clause (i), rules similar to the rules of subsection (e)(2) 
     shall apply.''.
       (b) Conforming Amendment.--
       (1) In general.--Paragraph (2) of section 40(e) of the 
     Internal Revenue Code of 1986 is amended by striking ``or 
     subsection (b)(6)(H)''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in section 15321(b) of the 
     Heartland, Habitat, and Horticulture Act of 2008.

     SEC. ____. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR 
                   PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER 
                   CREDIT, ETC.

       (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:

       ``(I) is derived by, or from, qualified feedstocks, and''.

       (b) Qualified Feedstock; Special Rules for Algae.--
     Paragraph (6) of section 40(b) of the Internal Revenue Code 
     of 1986 is amended by redesignating subparagraphs (F), (G), 
     and (H), as amended by this Act, as subparagraphs (H), (I), 
     and (J), respectively, and by inserting after subparagraph 
     (E) the following new subparagraphs:
       ``(F) Qualified feedstock.--For purposes of this paragraph, 
     the term `qualified feedstock' means--
       ``(i) any lignocellulosic or hemicellulosic matter that is 
     available on a renewable or recurring basis, and
       ``(ii) any cultivated algae, cyanobacteria, or lemna.
       ``(G) Special rules for algae.--In the case of fuel which 
     is derived by, or from, feedstock described in subparagraph 
     (F)(ii) and which is sold by the taxpayer to another person 
     for refining by such other person into a fuel which meets the 
     requirements of subparagraph (E)(i)(II) and the refined fuel 
     is not excluded under subparagraph (E)(iii)--
       ``(i) such sale shall be treated as described in 
     subparagraph (C)(i),
       ``(ii) such fuel shall be treated as meeting the 
     requirements of subparagraph (E)(i)(II) and as not being 
     excluded under subparagraph (E)(iii) in the hands of such 
     taxpayer, and
       ``(iii) except as provided in this subparagraph, such fuel 
     (and any fuel derived from such fuel) shall not be taken into 
     account under subparagraph (C) with respect to the taxpayer 
     or any other person.''.
       (c) Algae Treated as a Qualified Feedstock for Purposes of 
     Bonus Depreciation for Biofuel Plant Property.--
       (1) In general.--Subparagraph (A) of section 168(l)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``solely to produce cellulosic biofuel'' and inserting 
     ``solely to produce second generation biofuel (as defined in 
     section 40(b)(6)(E))''.
       (2) Conforming amendments.--Subsection (l) of section 168 
     of such Code is amended--
       (A) by striking ``cellulosic biofuel'' each place it 
     appears in the text thereof and inserting ``second generation 
     biofuel'',
       (B) by striking paragraph (3) and redesignating paragraphs 
     (4) through (8) as paragraphs (3) through (7), respectively,
       (C) by striking ``Cellulosic'' in the heading of such 
     subsection and inserting ``Second Generation'', and
       (D) by striking ``cellulosic'' in the heading of paragraph 
     (2) and inserting ``second generation''.
       (d) Conforming Amendments.--
       (1) Section 40 of the Internal Revenue Code of 1986, as 
     amended by subsection (b), is amended--
       (A) by striking ``cellulosic biofuel'' each place it 
     appears in the text thereof and inserting ``second generation 
     biofuel'',
       (B) by striking ``Cellulosic'' in the headings of 
     subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting 
     ``Second generation'', and
       (C) by striking ``cellulosic'' in the headings of 
     subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and 
     (e)(3) and inserting ``second generation''.
       (2) Clause (ii) of section 40(b)(6)(E) of such Code is 
     amended by striking ``Such term shall not'' and inserting 
     ``The term `second generation biofuel' shall not''.
       (3) Paragraph (1) of section 4101(a) of such Code is 
     amended by striking ``cellulosic biofuel'' and inserting 
     ``second generation biofuel''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuels sold or 
     used after the date of the enactment of this Act.
       (2) Application to bonus depreciation.--The amendments made 
     by subsection (c) shall apply to property placed in service 
     after the date of the enactment of this Act.

     SEC. ____. EXTENSION OF INCENTIVES FOR BIODIESEL AND 
                   RENEWABLE DIESEL.

       (a) Credits for Biodiesel and Renewable Diesel Used as 
     Fuel.--Subsection (g) of section 40A of the Internal Revenue 
     Code of 1986 is amended by striking ``December 31, 2011'' and 
     inserting ``December 31, 2012''.
       (b) Excise Tax Credits and Outlay Payments for Biodiesel 
     and Renewable Diesel Fuel Mixtures.--
       (1) Paragraph (6) of section 6426(c) of the Internal 
     Revenue Code of 1986 is amended by striking ``December 31, 
     2011'' and inserting ``December 31, 2012''.
       (2) Subparagraph (B) of section 6427(e)(6) of such Code is 
     amended by striking ``December 31, 2011'' and inserting 
     ``December 31, 2012''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2011.

     SEC. ____. EXTENSION OF PRODUCTION CREDIT FOR REFINED COAL.

       (a) In General.--Subparagraph (B) of section 45(d)(8) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2012'' and inserting ``January 1, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to facilities placed in service after December 
     31, 2011.

     SEC. ____. EXTENSION OF PRODUCTION CREDIT.

       (a) In General.--Section 45(d) of the Internal Revenue Code 
     of 1986 is amended by striking ``January 1, 2014'' each place 
     it appears in paragraphs (2), (3), (4), (6), (7), (9), and 
     (11) and inserting ``January 1, 2015''.
       (b) Wind Facilities.--Paragraph (1) of section 45(d) of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2013'' and inserting ``January 1, 2014''.
       (c) Increased Credit Amount for Indian Coal Facilities 
     Placed in Service Before 2009.--Subparagraph (A) of section 
     45(e)(10) of the Internal Revenue Code of 1986 is amended by 
     striking ``7-year period'' each place it appears and 
     inserting ``8-year period''.
       (d) Conforming Amendments.--Subsection (e) of section 1603 
     of division B of the American Recovery and Reinvestment Act 
     of 2009 is amended--
       (1) by striking ``January 1, 2013'' in paragraph (1) and 
     inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2014'' in paragraph (2) and 
     inserting ``January 1, 2015''.
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to facilities 
     placed in service after December 31, 2012.
       (2) Indian coal.--The amendment made by subsection (c) 
     shall take effect on the date of the enactment of this Act.

     SEC. ____. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW 
                   HOMES.

       (a) In General.--Subsection (g) of section 45L of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2011.

     SEC. ____. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT 
                   APPLIANCES.

       (a) In General.--Section 45M(b) of the Internal Revenue 
     Code of 1986 is amended by striking ``2011'' each place it 
     appears other than in the provisions specified in subsection 
     (b), and inserting ``2011 or 2012''.
       (b) Provisions Specified.--The provisions of section 45M(b) 
     of the Internal Revenue Code of 1986 specified in this 
     subsection are subparagraph (C) of paragraph (1) and 
     subparagraph (E) of paragraph (2).
       (c) Effective Date.--The amendments made by this section 
     shall apply to appliances produced after December 31, 2011.

     SEC. ____. EXTENSION OF ELECTION OF INVESTMENT TAX CREDIT IN 
                   LIEU OF PRODUCTION CREDIT.

       (a) In General.--Clause (ii) of section 48(a)(5)(C) of the 
     Internal Revenue Code of 1986 is amended by striking ``or 
     2013'' and inserting ``2013, or 2014''.
       (b) Wind Facilities.--Clause (i) of section 48(a)(5)(C) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``Any qualified facility'' and all that follows and inserting 
     ``Any facility which is--

       ``(I) a qualified facility (within the meaning of section 
     45) described in paragraph (1) of section 45(d) if such 
     facility is placed in service in 2009, 2010, 2011, 2012, or 
     2013, or
       ``(II) a qualifying offshore wind facility, if such 
     facility is placed in service in 2012, 2013, or 2014.''.

       (c) Qualifying Offshore Wind Facility.--Paragraph (5) of 
     section 48(a) of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subparagraph:
       ``(E) Qualifying offshore wind facility.--For purposes of 
     this paragraph--
       ``(i) In general.--The term `qualifying offshore wind 
     facility' means an offshore facility using wind to produce 
     electricity.
       ``(ii) Offshore facility.--The term `offshore facility' 
     means any facility located in the inland navigable waters of 
     the United States, including the Great Lakes, or in the 
     coastal waters of the United States, including the 
     territorial seas of the United States, the exclusive economic 
     zone of the United States, and the Outer Continental Shelf of 
     the United States. For purposes of the preceding sentence, 
     the term `United States' has the meaning given in section 
     638(1).''.

[[Page 3116]]

       (d) Effective Date.--The amendments made by this section 
     shall apply to facilities placed in service after December 
     31, 2011.

     SEC. ____. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Subparagraph (B) of section 48C(d)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``$2,300,000,000'' and inserting ``$4,600,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. ____. EXTENSION OF SPECIAL ALLOWANCE FOR CELLULOSIC 
                   BIOFUEL PLANT PROPERTY.

       (a) In General.--Subparagraph (D) of section 168(l)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2013'' and inserting ``January 1, 2014''.
       (b) Conforming Amendment.--Paragraph (4) of section 168(l) 
     of the Internal Revenue Code of 1986, as redesignated by this 
     Act, is amended--
       (1) by striking ``and'' at the end of subparagraph (A),
       (2) by redesignating subparagraph (B) as subparagraph (C), 
     and
       (3) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) by substituting `January 1, 2014' for `January 1, 
     2013' in clause (i) thereof, and''.

     SEC. ____. EXTENSION OF SUSPENSION OF LIMITATION ON 
                   PERCENTAGE DEPLETION FOR OIL AND GAS FROM 
                   MARGINAL WELLS.

       (a) In General.--Clause (ii) of section 613A(c)(6)(H) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2012'' and inserting ``January 1, 2013''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. ____. EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.

       (a) In General.--Sections 6426(d)(5), 6426(e)(3), and 
     6427(e)(6)(C) of the Internal Revenue Code of 1986 are each 
     amended by striking ``December 31, 2011'' and inserting 
     ``December 31, 2012''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after December 31, 2011.

     SEC. ____. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY 
                   IN LIEU OF TAX CREDITS.

       (a) In General.--Subsection (a) of section 1603 of division 
     B of the American Recovery and Reinvestment Act of 2009, as 
     amended by section 707 of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010, is 
     amended--
       (1) by striking ``or 2011'' in paragraph (1) and inserting 
     ``2011, or 2012'', and
       (2) in paragraph (2)--
       (A) by striking ``after 2011'' and inserting ``after 
     2012'', and
       (B) by striking ``or 2011'' and inserting ``2011, or 
     2012''.
       (b) Conforming Amendment.--Subsection (j) of section 1603 
     of division B of such Act, as so amended, is amended by 
     striking ``2012'' and inserting ``2013''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2011.
                                 ______
                                 
  SA 1813. Mr. WYDEN 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 of division A, add the 
     following:

     SEC. __. KEYSTONE XL PIPELINE.

       (a) Administration.--
       (1) In general.--Except as otherwise specifically provided 
     in this section, nothing in this section affects any 
     applicable Federal requirements in connection with the 
     Keystone XL pipeline (including facilities for the import of 
     crude oil and other hydrocarbons at the United States-Canada 
     Border at Phillips County, Montana).
       (2) Expeditious analyses and permit decisions.--In 
     evaluating any new permit applications that may be submitted 
     related to the Keystone XL pipeline and facilities described 
     in paragraph (1) or in carrying out the activities described 
     in this section, the President or a designee of the President 
     shall--
       (A) act as expeditiously as practicable and, to the maximum 
     extent practicable and consistent with current law, use 
     existing analyses relating to those pipeline and facilities, 
     including the environmental impact statement issued by the 
     Department of State regarding the Keystone XL pipeline on 
     August 26, 2011; and
       (B) issue a decision on any permit application not later 
     than 90 days after the date on which all analyses and other 
     actions required by current law and applicable Executive 
     Orders are completed.
       (b) Prohibition on Exports.--
       (1) In general.--Subject to paragraph (2), no crude oil 
     transported by the Keystone XL pipeline or facilities 
     described in subsection (a)(1), or petroleum products derived 
     from the crude oil, may be exported from the United States.
       (2) Waivers.--The President may grant a waiver from the 
     application of paragraph (1) if the President--
       (A) determines that the waiver is necessary as the result 
     of--
       (i) national security; or
       (ii) a natural or manmade disaster; or
       (B) makes an express finding that the exports described in 
     paragraph (1)--
       (i) will not diminish the total quantity or quality of 
     petroleum available in the United States; and
       (ii) are in the national interest of the United States.
       (c) Use of United States Iron, Steel, and Manufactured 
     Goods.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     construction, connection, operation, or maintenance of the 
     Keystone XL pipeline and facilities described in subsection 
     (a)(1) shall not be permitted unless all of the iron, steel, 
     and manufactured goods used for the pipeline and facilities 
     are produced in the United States.
       (2) Nonapplication.--Paragraph (1) shall not apply if the 
     President or a delegate finds that--
       (A) applying paragraph (1) would be inconsistent with the 
     public interest;
       (B) iron, steel, and the applicable manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities with a satisfactory quality; 
     or
       (C) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall pipeline and facilities by more than 25 percent.
       (3) Rationale.--If the President or a delegate determines 
     that it is necessary to waive the application of paragraph 
     (1) based on a finding under paragraph (2), the President or 
     delegate shall publish in the Federal Register a detailed 
     written justification for the waiver.
       (4) International agreements.--This subsection shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
                                 ______
                                 
  SA 1814. Mr. MERKLEY (for himself, Mr. Toomey, and Mr. Blunt) 
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 of division A, add the 
     following:

     SEC. __. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM 
                   VEHICLES.

       (a) Federal Requirements.--A covered farm vehicle, 
     including the individual operating that vehicle, shall be 
     exempt from the following:
       (1) Any requirement relating to commercial driver's 
     licenses established under chapter 313 of title 49, United 
     States Code.
       (2) Any requirement relating to medical certificates 
     established under--
       (A) subchapter III of chapter 311 of title 49, United 
     States Code; or
       (B) chapter 313 of title 49, United States Code.
       (3) Any requirement relating to hours of service 
     established under--
       (A) subchapter III of chapter 311 of title 49, United 
     States Code; or
       (B) chapter 315 of title 49, United States Code.
       (4) Any requirement relating to vehicle inspection, repair, 
     and maintenance established under--
       (A) subchapter III of chapter 311 of title 49, United 
     States Code; or
       (B) chapter 315 of title 49, United States Code.
       (b) State Requirements.--
       (1) In general.--Federal transportation funding to a State 
     may not be terminated, limited, or otherwise interfered with 
     as a result of the State exempting a covered farm vehicle, 
     including the individual operating that vehicle, from any 
     State requirement relating to the operation of that vehicle.
       (2) Exception.--Paragraph (1) does not apply with respect 
     to a covered farm vehicle transporting hazardous materials 
     that require a placard.
       (3) State requirements.--Notwithstanding section (a) or any 
     other provision of law, a State may enact and enforce safety 
     requirements related to covered farm vehicles.
       (c) Covered Farm Vehicle Defined.--
       (1) In general.--In this section, the term ``covered farm 
     vehicle'' means a motor vehicle (including an articulated 
     motor vehicle)--
       (A) that--
       (i) is traveling in the State in which the vehicle is 
     registered or another State;
       (ii) is operated by--

       (I) a farm owner or operator;
       (II) a ranch owner or operator; or
       (III) an employee or family member of an individual 
     specified in subclause (I) or (II);

       (iii) is transporting to or from a farm or ranch--

       (I) agricultural commodities;
       (II) livestock; or
       (III) machinery or supplies;

       (iv) except as provided in paragraph (2), is not used in 
     the operations of a for-hire motor carrier; and
       (v) is equipped with a special license plate or other 
     designation by the State in which the vehicle is registered 
     to allow for identification of the vehicle as a farm vehicle 
     by law enforcement personnel; and
       (B) that has a gross vehicle weight rating or gross vehicle 
     weight, whichever is greater, that is--

[[Page 3117]]

       (i) 26,001 pounds or less; or
       (ii) greater than 26,001 pounds and traveling within the 
     State or within 150 air miles of the farm or ranch with 
     respect to which the vehicle is being operated.
       (2) Inclusion.--In this section, the term ``covered farm 
     vehicle'' includes a motor vehicle that meets the 
     requirements of paragraph (1) (other than paragraph 
     (1)(A)(iv)) and is--
       (A) operated pursuant to a crop share farm lease agreement;
       (B) owned by a tenant with respect to that agreement; and
       (C) transporting the landlord's portion of the crops under 
     that agreement.
                                 ______
                                 
  SA 1815. Mr. BROWN of Ohio (for himself and 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 1314, after the matter following line 18, insert 
     the following:

     SEC. 330__. BUY AMERICA WAIVER REQUIREMENTS.

       (a) Notice and Comment Opportunities.--
       (1) In general.--If the Secretary receives a request for a 
     waiver under section 313(b) of title 23, United States Code, 
     or under section 24305(f)(4) or 24405(a)(2) of title 49, 
     United States Code, the Secretary shall provide notice of, 
     and an opportunity for public comment on, the request not 
     later than 15 days before making a finding based on such 
     request.
       (2) Notice requirements.--Each notice provided under 
     paragraph (1)--
       (A) shall include the information available to the 
     Secretary concerning the request, including the requestor's 
     justification for such request; and
       (B) shall be provided electronically, including on the 
     official public Internet website of the Department.
       (3) Publication of detailed justification.--If the 
     Secretary issues a waiver pursuant to the authority granted 
     under a provision referenced in paragraph (1), the Secretary 
     shall publish, in the Federal Register, a detailed 
     justification for the waiver that--
       (A) addresses the public comments received under paragraph 
     (1); and
       (B) is published before the waiver takes effect.
       (b) Consistency With International Agreements.--This 
     section shall be applied in a manner that is consistent with 
     United States obligations under relevant international 
     agreements.
       (c) Review of Nationwide Waivers.--Not later than 1 year 
     after the date of the enactment of the Moving Ahead for 
     Progress in the 21st Century Act, and at least once every 5 
     years thereafter, the Secretary shall review each standing 
     nationwide waiver issued pursuant to the authority granted 
     under any of the provisions referenced in paragraph (1) to 
     determine whether continuing such waiver is necessary.
       (d) Buy America Reporting.--Section 308 of title 49, United 
     States Code, is amended by inserting after subsection (c) the 
     following:
       ``(d) Not later than February 1, 2013, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     that--
       ``(1) specifies each highway, public transportation, or 
     railroad project for which the Secretary issued a waiver from 
     a Buy America requirement pursuant to the authority granted 
     under section 313(b) of title 23, United States Code, or 
     under section 24305(f)(4) or 24405(a)(2) of title 49, United 
     States Code, during the preceding calendar year;
       ``(2) identifies the country of origin and product 
     specifications for the steel, iron, or manufactured goods 
     acquired pursuant to each of the waivers specified under 
     paragraph (1); and
       ``(3) summarizes the monetary value of contracts awarded 
     pursuant to each such waiver.''.
                                 ______
                                 
  SA 1816. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 1761 proposed by Mr. Reid 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 of division A, add the 
     following:

     SEC. 15__. SENSE OF SENATE CONCERNING EXPEDITIOUS COMPLETION 
                   OF ENVIRONMENTAL REVIEWS, APPROVALS, LICENSING, 
                   AND PERMIT REQUIREMENTS.

       It is the sense of the Senate that Federal agencies 
     should--
       (1) ensure that all applicable environmental reviews, 
     approvals, licensing, and permit requirements under Federal 
     law are completed on an expeditious basis following any 
     disaster or emergency declared under Federal law, including--
       (A) a major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170); and
       (B) an emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191); and
       (2) use the shortest existing applicable process under 
     Federal law to complete each review, approval, licensing, and 
     permit requirement described in paragraph (1) following a 
     disaster or emergency described in that paragraph.
                                 ______
                                 
  SA 1817. Mr. WYDEN 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 of division A, add the 
     following:

     SEC. __. KEYSTONE XL PIPELINE.

       (a) Administration.--
       (1) In general.--Except as otherwise specifically provided 
     in this section, nothing in this section affects any 
     applicable Federal requirements in connection with the 
     Keystone XL pipeline (including facilities for the import of 
     crude oil and other hydrocarbons at the United States-Canada 
     Border at Phillips County, Montana).
       (2) Expeditious analyses and permit decisions.--In 
     evaluating any new permit applications that may be submitted 
     related to the Keystone XL pipeline and facilities described 
     in paragraph (1) or in carrying out the activities described 
     in this section, the President or a designee of the President 
     shall--
       (A) act as expeditiously as practicable and, to the maximum 
     extent practicable and consistent with current law, use 
     existing analyses relating to those pipeline and facilities, 
     including the environmental impact statement issued by the 
     Department of State regarding the Keystone XL pipeline on 
     August 26, 2011; and
       (B) issue a decision on any permit application not later 
     than 90 days after the date on which all analyses and other 
     actions required by current law and applicable Executive 
     Orders are completed.
       (b) Prohibition on Exports.--
       (1) In general.--Subject to paragraph (2), no crude oil 
     produced in Canada and transported by the Keystone XL 
     pipeline or facilities described in subsection (a)(1), or 
     petroleum products derived from the crude oil, may be 
     exported from the United States.
       (2) Waivers.--The President may grant a waiver from the 
     application of paragraph (1) if the President--
       (A) determines that the waiver is necessary as the result 
     of--
       (i) national security; or
       (ii) a natural or manmade disaster; or
       (B) makes an express finding that the exports described in 
     paragraph (1)--
       (i) will not diminish the total quantity or quality of 
     petroleum available in the United States; and
       (ii) are in the national interest of the United States.
       (c) Use of United States Iron, Steel, and Manufactured 
     Goods.--
       (1) In general.--Subject to paragraphs (2) through (4), the 
     construction, connection, operation, or maintenance of the 
     Keystone XL pipeline and facilities described in subsection 
     (a)(1) shall not be permitted unless all of the iron, steel, 
     and manufactured goods used for the pipeline and facilities 
     are produced in the United States.
       (2) Nonapplication.--Paragraph (1) shall not apply if the 
     President or a delegate finds that--
       (A) applying paragraph (1) would be inconsistent with the 
     public interest;
       (B) iron, steel, and the applicable manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities with a satisfactory quality; 
     or
       (C) inclusion of iron, steel, and manufactured goods 
     produced in the United States will increase the cost of the 
     overall pipeline and facilities by more than 25 percent.
       (3) Rationale.--If the President or a delegate determines 
     that it is necessary to waive the application of paragraph 
     (1) based on a finding under paragraph (2), the President or 
     delegate shall publish in the Federal Register a detailed 
     written justification for the waiver.
       (4) International agreements.--This subsection shall be 
     applied in a manner consistent with United States obligations 
     under international agreements.
                                 ______
                                 
  SA 1818. Mr. LEVIN (for himself and Mr. Conrad) 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, add the following:

                    TITLE ___--STOP TAX HAVEN ABUSE

     SEC. ______. AUTHORIZING SPECIAL MEASURES AGAINST FOREIGN 
                   JURISDICTIONS, FINANCIAL INSTITUTIONS, AND 
                   OTHERS THAT SIGNIFICANTLY IMPEDE UNITED STATES 
                   TAX ENFORCEMENT.

       Section 5318A of title 31, United States Code, is amended--

[[Page 3118]]

       (1) by striking the section heading and inserting the 
     following:

     ``Sec.  5318A. Special measures for jurisdictions, financial 
       institutions, or international transactions that are of 
       primary money laundering concern or significantly impede 
       United States tax enforcement'';

       (2) in subsection (a), by striking the subsection heading 
     and inserting the following:
       ``(a) Special Measures to Counter Money Laundering and 
     Efforts to Significantly Impede United States Tax 
     Enforcement.--'';
       (3) in subsection (c)--
       (A) by striking the subsection heading and inserting the 
     following:
       ``(c) Consultations and Information to Be Considered in 
     Finding Jurisdictions, Institutions, Types of Accounts, or 
     Transactions to Be of Primary Money Laundering Concern or to 
     Be Significantly Impeding United States Tax Enforcement.--''; 
     and
       (B) by inserting at the end of paragraph (2) thereof the 
     following new subparagraph:
       ``(C) Other considerations.--The fact that a jurisdiction 
     or financial institution is cooperating with the United 
     States on implementing the requirements specified in chapter 
     4 of the Internal Revenue Code of 1986 may be favorably 
     considered in evaluating whether such jurisdiction or 
     financial institution is significantly impeding United States 
     tax enforcement.'';
       (4) in subsection (a)(1), by inserting ``or is 
     significantly impeding United States tax enforcement'' after 
     ``primary money laundering concern'';
       (5) in subsection (a)(4)--
       (A) in subparagraph (A)--
       (i) by inserting ``in matters involving money laundering,'' 
     before ``shall consult''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) in matters involving United States tax enforcement, 
     shall consult with the Commissioner of the Internal Revenue, 
     the Secretary of State, the Attorney General of the United 
     States, and in the sole discretion of the Secretary, such 
     other agencies and interested parties as the Secretary may 
     find to be appropriate; and'';
       (6) in each of paragraphs (1)(A), (2), (3), and (4) of 
     subsection (b), by inserting ``or to be significantly 
     impeding United States tax enforcement'' after ``primary 
     money laundering concern'' each place that term appears;
       (7) in subsection (b), by striking paragraph (5) and 
     inserting the following:
       ``(5) Prohibitions or conditions on opening or maintaining 
     certain correspondent or payable-through accounts or 
     authorizing certain payment cards.--If the Secretary finds a 
     jurisdiction outside of the United States, 1 or more 
     financial institutions operating outside of the United 
     States, or 1 or more classes of transactions within or 
     involving a jurisdiction outside of the United States to be 
     of primary money laundering concern or to be significantly 
     impeding United States tax enforcement, the Secretary, in 
     consultation with the Secretary of State, the Attorney 
     General of the United States, and the Chairman of the Board 
     of Governors of the Federal Reserve System, may prohibit, or 
     impose conditions upon--
       ``(A) the opening or maintaining in the United States of a 
     correspondent account or payable-through account; or
       ``(B) the authorization, approval, or use in the United 
     States of a credit card, charge card, debit card, or similar 
     credit or debit financial instrument by any domestic 
     financial institution, financial agency, or credit card 
     company or association, for or on behalf of a foreign banking 
     institution, if such correspondent account, payable-through 
     account, credit card, charge card, debit card, or similar 
     credit or debit financial instrument, involves any such 
     jurisdiction or institution, or if any such transaction may 
     be conducted through such correspondent account, payable-
     through account, credit card, charge card, debit card, or 
     similar credit or debit financial instrument.''; and
       (8) in subsection (c)(1), by inserting ``or is 
     significantly impeding United States tax enforcement'' after 
     ``primary money laundering concern'';
       (9) in subsection (c)(2)(A)--
       (A) in clause (ii), by striking ``bank secrecy or special 
     regulatory advantages'' and inserting ``bank, tax, corporate, 
     trust, or financial secrecy or regulatory advantages'';
       (B) in clause (iii), by striking ``supervisory and counter-
     money'' and inserting ``supervisory, international tax 
     enforcement, and counter-money'';
       (C) in clause (v), by striking ``banking or secrecy'' and 
     inserting ``banking, tax, or secrecy''; and
       (D) in clause (vi), by inserting ``, tax treaty, or tax 
     information exchange agreement'' after ``treaty'';
       (10) in subsection (c)(2)(B)--
       (A) in clause (i), by inserting ``or tax evasion'' after 
     ``money laundering''; and
       (B) in clause (iii), by inserting ``, tax evasion,'' after 
     ``money laundering''; and
       (11) in subsection (d), by inserting ``involving money 
     laundering, and shall notify, in writing, the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives of any such action involving 
     United States tax enforcement'' after ``such action''.
                                 ______
                                 
  SA 1819. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed to amendment SA 1761 proposed by Mr. 
Reid 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 490, between lines 3 and 4, insert the following:

     SEC. 1528. BUY AMERICA PROVISIONS.

       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 eligible for 
     assistance under this chapter 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.''.
       On page 900, between lines 9 and 10, insert the following:
       ``(10) Application to transit programs.--The requirements 
     under this subsection shall apply to all contracts eligible 
     for assistance under this chapter 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.
       On page 904, between lines 6 and 7, insert the following:
       On page 1314, after the matter following line 18, insert 
     the following:

     SEC. 330__. BUY AMERICA WAIVER REQUIREMENTS.

       (a) Notice and Comment Opportunities.--
       (1) In general.--If the Secretary receives a request for a 
     waiver under section 313(b) of title 23, United States Code, 
     or under section 24305(f)(4) or 24405(a)(2) of title 49, 
     United States Code, the Secretary shall provide notice of, 
     and an opportunity for public comment on, the request not 
     later than 15 days before making a finding based on such 
     request.
       (2) Notice requirements.--Each notice provided under 
     paragraph (1)--
       (A) shall include the information available to the 
     Secretary concerning the request, including the requestor's 
     justification for such request; and
       (B) shall be provided electronically, including on the 
     official public Internet website of the Department.
       (3) Publication of detailed justification.--If the 
     Secretary issues a waiver pursuant to the authority granted 
     under a provision referenced in paragraph (1), the Secretary 
     shall publish, in the Federal Register, a detailed 
     justification for the waiver that--
       (A) addresses the public comments received under paragraph 
     (1); and
       (B) is published before the waiver takes effect.
       (b) Consistency With International Agreements.--This 
     section shall be applied in a manner that is consistent with 
     United States obligations under relevant international 
     agreements.
       (c) Review of Nationwide Waivers.--Not later than 1 year 
     after the date of the enactment of the Moving Ahead for 
     Progress in the 21st Century Act, and at least once every 5 
     years thereafter, the Secretary shall review each standing 
     nationwide waiver issued pursuant to the authority granted 
     under any of the provisions referenced in paragraph (1) to 
     determine whether continuing such waiver is necessary.
       (d) Buy America Reporting.--Section 308 of title 49, United 
     States Code, is amended by inserting after subsection (c) the 
     following:
       ``(d) Not later than February 1, 2013, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     that--
       ``(1) specifies each highway, public transportation, or 
     railroad project for which the Secretary issued a waiver from 
     a Buy America requirement pursuant to the authority granted 
     under section 313(b) of title 23, United States Code, or 
     under section 24305(f)(4) or 24405(a)(2) of title 49, United 
     States Code, during the preceding calendar year;
       ``(2) identifies the country of origin and product 
     specifications for the steel, iron, or manufactured goods 
     acquired pursuant to each of the waivers specified under 
     paragraph (1); and
       ``(3) summarizes the monetary value of contracts awarded 
     pursuant to each such waiver.''.
       On page 1449, between lines 11 and 12, insert the 
     following:

     SEC. 36210. 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 eligible

[[Page 3119]]

     for assistance under this chapter 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.''.
                                 ______
                                 
  SA 1820. Mr. WYDEN (for himself and Mr. Hoeven) 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. ____. CREDIT TO HOLDERS OF TRIP BONDS.

       (a) Short Title.--This section may be cited as the 
     ``Transportation and Regional Infrastructure Project Bonds 
     Act of 2012'' or ``TRIP Bonds Act''.
       (b) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 54G. TRIP BONDS.

       ``(a) TRIP Bond.--For purposes of this subpart, the term 
     `TRIP bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for expenditures incurred after the date 
     of the enactment of this section for 1 or more qualified 
     projects pursuant to an allocation of such proceeds to such 
     project or projects by a State infrastructure bank,
       ``(2) the bond is issued by a State infrastructure bank and 
     is in registered form (within the meaning of section 149(a)),
       ``(3) the State infrastructure bank designates such bond 
     for purposes of this section,
       ``(4) the term of each bond which is part of such issue 
     does not exceed 30 years,
       ``(5) the issue meets the requirements of subsection (e),
       ``(6) the State infrastructure bank certifies that the 
     State meets the State contribution requirement of subsection 
     (h) with respect to such project, as in effect on the date of 
     issuance, and
       ``(7) the State infrastructure bank certifies the State 
     meets the requirement described in subsection (i).
       ``(b) Qualified Project.--For purposes of this section--
       ``(1) In general.--The term `qualified project' means the 
     capital improvements to any transportation infrastructure 
     project of any governmental unit or other person, including 
     roads, bridges, rail and transit systems, ports, and inland 
     waterways proposed and approved by a State infrastructure 
     bank, but does not include costs of operations or maintenance 
     with respect to such project.
       ``(2) Certain projects.--Such term also includes any flood 
     damage risk reduction project with a completed Report of the 
     Chief of Engineers, with the proceeds of issued bonds 
     available for a State to provide to the United States Army 
     Corps of Engineers (under section 5 of the Act entitled `An 
     Act authorizing the construction of certain public works on 
     rivers and harbors for flood control, and for other 
     purposes,' approved June 22, 1936 (33 U.S.C. 701h)) funds in 
     excess of any required non-Federal cost share for such 
     project.
       ``(c) Applicable Credit Rate.--In lieu of section 
     54A(b)(3), for purposes of section 54A(b)(2), the applicable 
     credit rate with respect to an issue under this section is 
     the rate equal to an average market yield (as of the day 
     before the date of sale of the issue) on outstanding long-
     term corporate debt obligations (determined in such manner as 
     the Secretary prescribes).
       ``(d) Limitation on Amount of Bonds Designated.--
       ``(1) In general.--The maximum aggregate face amount of 
     bonds which may be designated under subsection (a) by any 
     State infrastructure bank shall not exceed the TRIP bond 
     limitation amount allocated to such bank under paragraph (3).
       ``(2) National limitation amount.--There is a TRIP bond 
     limitation amount for each calendar year. Such limitation 
     amount is--
       ``(A) $2,000,000,000 for 2013,
       ``(B) $3,000,000,000 for 2014,
       ``(C) $5,000,000,000 for 2015, and
       ``(D) except as provided in paragraph (4), zero thereafter.
       ``(3) Allocations to states.--The TRIP bond limitation 
     amount for each calendar year shall be allocated by the 
     Secretary among the States such that each State is allocated 
     2 percent of such amount.
       ``(4) Carryover of unused issuance limitation.--If for any 
     calendar year the TRIP bond limitation amount under paragraph 
     (2) exceeds the amount of TRIP bonds issued during such year, 
     such excess shall be carried forward to 1 or more succeeding 
     calendar years as an addition to the TRIP bond limitation 
     amount under paragraph (2) for such succeeding calendar year 
     and until used by issuance of TRIP bonds.
       ``(e) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance, the State infrastructure bank reasonably expects--
       ``(A) at least 100 percent of the available project 
     proceeds of such issue are to be spent for 1 or more 
     qualified projects within the 5-year expenditure period 
     beginning on such date,
       ``(B) to incur a binding commitment with a third party 
     within the 12-month period beginning on such date--
       ``(i) to spend at least 10 percent of the proceeds of such 
     issue, or
       ``(ii) to commence construction with respect to any 
     qualified project or combination of qualified projects the 
     costs of which account for at least 10 percent of the 
     proceeds of such issue, and
       ``(C) to proceed with due diligence to complete such 
     projects and to spend the proceeds of such issue.
       ``(2) Rules regarding continuing compliance after 5-year 
     determination.--To the extent that less than 100 percent of 
     the available project proceeds of such issue are expended by 
     the close of the 5-year expenditure period beginning on the 
     date of issuance, the State infrastructure bank shall redeem 
     all of the nonqualified bonds within 90 days after the end of 
     such period. For purposes of this paragraph, the amount of 
     the nonqualified bonds required to be redeemed shall be 
     determined in the same manner as under section 142.
       ``(f) Recapture of Portion of Credit Where Cessation of 
     Compliance.--If any bond which when issued purported to be a 
     TRIP bond ceases to be such a bond, the State infrastructure 
     bank shall pay to the United States (at the time required by 
     the Secretary) an amount equal to the sum of--
       ``(1) the aggregate of the credits allowable under section 
     54A with respect to such bond (determined without regard to 
     section 54A(c)) for taxable years ending during the calendar 
     year in which such cessation occurs and each succeeding 
     calendar year ending with the calendar year in which such 
     bond is redeemed by the bank, and
       ``(2) interest at the underpayment rate under section 6621 
     on the amount determined under paragraph (1) for each 
     calendar year for the period beginning on the first day of 
     such calendar year.
       ``(g) TRIP Bonds Trust Accounts.--
       ``(1) In general.--The following amounts shall be held in a 
     TRIP Bonds Trust Account by each State infrastructure bank:
       ``(A) The proceeds from the sale of all bonds issued by 
     such bank under this section.
       ``(B) The investment earnings on proceeds from the sale of 
     such bonds.
       ``(C) 2 percent of the amount described in paragraph (2).
       ``(D) The amounts described in subsection (h).
       ``(E) Any earnings on any amounts described in subparagraph 
     (A), (B), (C), or (D).
       ``(2) Appropriation of revenues.--There is hereby 
     transferred to each TRIP Bonds Trust Account an amount equal 
     to 2 percent of the lesser of--
       ``(A) the revenues resulting from the imposition of fees 
     pursuant to section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c) for fiscal years 
     beginning after September 30, 2021, or
       ``(B) $10,000,000,000.
       ``(3) Use of funds.--Amounts in each TRIP Bonds Trust 
     Account may be used only to pay costs of qualified projects 
     and redeem TRIP bonds, except that amounts withdrawn from the 
     TRIP Bonds Trust Account to pay costs of qualified projects 
     may not exceed the proceeds from the sale of TRIP bonds 
     described in subsection (a)(1).
       ``(4) Use of remaining funds in trip bonds trust account.--
     Upon the redemption of all TRIP bonds issued by the State 
     infrastructure bank under this section, any remaining amounts 
     in the TRIP Bonds Trust Account held by such bank shall be 
     available to pay the costs of any qualified project in such 
     State.
       ``(5) Applicability of federal law.--The requirements of 
     any Federal law, including titles 23, 40, and 49 of the 
     United States Code, which would otherwise apply to projects 
     to which the United States is a party or to funds made 
     available under such law and projects assisted with those 
     funds shall apply to--
       ``(A) funds made available under each TRIP Bonds Trust 
     Account for similar qualified projects, other than 
     contributions required under subsection (h), and
       ``(B) similar qualified projects assisted through the use 
     of such funds.
       ``(6) Investment.--Subject to subsections (e) and (f), it 
     shall be the duty of the State infrastructure bank to invest 
     in investment grade obligations such portion of the TRIP 
     Bonds Trust Account held by such Bank as is not, in the 
     judgment of such bank, required to meet current withdrawals. 
     To the maximum extent practicable, investments should be made 
     in securities that support infrastructure investment at the 
     State and local level.
       ``(h) State Contribution Requirements.--
       ``(1) In general.--For purposes of subsection (a)(6), the 
     State contribution requirement of this subsection is met with 
     respect to any qualified project if the State infrastructure 
     bank has received for deposit

[[Page 3120]]

     into the TRIP Bonds Trust Account held by such bank from 1 or 
     more States, not later than the date of issuance of the bond, 
     the first of 10 equal annual installments constituting one-
     tenth of the contributions of not less than 20 percent (or 
     such smaller percentage for such State as determined under 
     section 120(b) of title 23, United States Code) of the cost 
     of the qualified project.
       ``(2) State contributions may not include federal funds.--
     For purposes of this subsection, State contributions shall 
     not be derived, directly or indirectly, from Federal funds, 
     including any transfers from the Highway Trust Fund under 
     section 9503.
       ``(3) Requirements in lieu of any other matching 
     contribution requirements.--For purposes of subsection 
     (g)(5), the State contribution requirement of this subsection 
     shall be in lieu of any other State matching contribution 
     requirement under any other Federal law.
       ``(i) Utilization of Updated Construction Technology for 
     Qualified Projects.--For purposes of subsection (a)(7), the 
     requirement of this subsection is met if the appropriate 
     State agency relating to the qualified project is utilizing 
     updated construction technologies.
       ``(j) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) State infrastructure bank.--
       ``(A) In general.--The term `State infrastructure bank' 
     means a State infrastructure bank established under section 
     610 of title 23, United States Code, and includes a joint 
     venture among 2 or more State infrastructure banks. Such term 
     also includes, during the period beginning on the date of the 
     enactment of this section and ending on the last day of the 
     first Federal fiscal year that begins after such date of 
     enactment, with respect to any State that has not established 
     a State infrastructure bank prior to such date of enactment, 
     the State Department of Transportation of such State.
       ``(B) Special authority.--Notwithstanding any other 
     provision of law, a State infrastructure bank shall be 
     authorized to perform any of the functions necessary to carry 
     out the purposes of this section, including the making of 
     direct grants to qualified projects from available project 
     proceeds of TRIP bonds issued by such bank.
       ``(2) Credits may be transferred.--Nothing in any law or 
     rule of law shall be construed to limit the transferability 
     of the credit or bond allowed by this section through sale 
     and repurchase agreements.
       ``(3) Prohibition on use of highway trust fund.--
     Notwithstanding any other provision of law, no funds derived 
     from the Highway Trust Fund established under section 9503 
     shall be used to pay for credits under this section.''.
       (c) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) of the Internal Revenue 
     Code of 1986 is amended--
       (A) by striking ``or'' at the end of subparagraph (D),
       (B) by inserting ``or'' at the end of subparagraph (E),
       (C) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) a TRIP bond,'', and
       (D) by inserting ``(paragraphs (3), (4), and (6), in the 
     case of a TRIP bond)'' after ``and (6)''.
       (2) Subparagraph (C) of section 54A(d)(2) of such Code is 
     amended by striking ``and'' at the end of clause (iv), by 
     striking the period at the end of clause (v) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(vi) in the case of a TRIP bond, a purpose specified in 
     section 54G(a)(1).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     I of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 54G. TRIP bonds.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 2012.
       (f) Extension of Customs User Fees.--Section 13031(j)(3) of 
     the Consolidated Omnibus Budget Reconciliation Act of 1985 
     (19 U.S.C. 58c(j)(3)) is amended by adding at the end the 
     following:
       ``(E)(i) Notwithstanding subparagraph (A), fees may be 
     charged under paragraphs (9) and (10) of subsection (a) 
     during the period beginning on October 1, 2021, and ending on 
     October 1, 2023.
       ``(ii) Notwithstanding subparagraph (B)(i), fees may be 
     charged under paragraphs (1) through (8) of subsection (a) 
     during the period beginning on October 1, 2021, and ending on 
     October 1, 2023.''.
       (g) Reduction in National Limitation on Amount of Qualified 
     Energy Conservation Bonds Designated.--Subsection (d) of 
     section 54D of the Internal Revenue Code of 1986 is amended 
     by striking ``$3,200,000,000'' and inserting 
     ``$1,200,000,000''.
                                 ______
                                 
  SA 1821. Mr. CARDIN (for himself and Mr. Blunt) 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 title II of division D, insert the following:

     SEC. _____. MODIFICATION AND EXTENSION OF ALTERNATIVE FUEL 
                   CREDIT.

       (a) Alternative Fuel Credit.--Paragraph (5) of section 
     6426(d) of the Internal Revenue Code of 1986 is amended by 
     inserting ``, and December 31, 2016, in the case of any sale 
     or use involving liquefied petroleum gas'' after 
     ``hydrogen''.
       (b) Alternative Fuel Mixture Credit.--Paragraph (3) of 
     section 6426(e) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, and December 31, 2016, in the case 
     of any sale or use involving liquefied petroleum gas'' after 
     ``hydrogen''.
       (c) Payments Relating to Alternative Fuel and Alternative 
     Fuel Mixtures.--Paragraph (6) of section 6427(e) of the 
     Internal Revenue Code of 1986 is amended--
       (1) in subparagraph (C)--
       (A) by striking ``subparagraph (D)'' in subparagraph (C) 
     and inserting ``subparagraphs (D) and (E)'', and
       (B) by striking ``and'' at the end thereof,
       (2) by striking the period at the end of subparagraph (D) 
     and inserting ``, and'', and
       (3) by adding at the end the following:
       ``(E) any alternative fuel or alternative fuel mixture (as 
     so defined) involving liquefied petroleum gas sold or used 
     after December 31, 2016.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to liquefied petroleum gas sold or used after the 
     date of the enactment of this Act.

     SEC. _____. EXTENSION AND MODIFICATION OF NEW QUALIFIED 
                   ALTERNATIVE FUEL MOTOR VEHICLE CREDIT.

       (a) In General.--Paragraph (4) of section 30B(k) of the 
     Internal Revenue Code of 1986 is amended by inserting 
     ``(December 31, 2016, in the case of a vehicle powered by 
     liquefied petroleum gas)'' before the period at the end.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. _____. EXTENSION OF ALTERNATIVE FUEL VEHICLE REFUELING 
                   PROPERTY CREDIT.

       (a) In General.--Subsection (g) of section 30C of the 
     Internal Revenue Code of 1986 is amended by striking ``and'' 
     at the end of paragraph (1), by redesignating paragraph (2) 
     as paragraph (3), and by inserting after paragraph (1) the 
     following new paragraph:
       ``(2) in the case of property relating to liquefied 
     petroleum gas, after December 31, 2016, and''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 1822. Mr. NELSON of Florida (for himself, Mr. Shelby, and Ms. 
Landrieu) 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 title I of division A, add the following:

                   Subtitle F--Gulf Coast Restoration

     SEC. 1601. SHORT TITLE.

       This subtitle may be cited as the ``Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012''.

     SEC. 1602. GULF COAST RESTORATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Gulf 
     Coast Restoration Trust Fund'' (referred to in this section 
     as the ``Trust Fund''), consisting of such amounts as are 
     deposited in the Trust Fund under this subtitle or any other 
     provision of law.
       (b) Transfers.--The Secretary of the Treasury shall deposit 
     in the Trust Fund an amount equal to 80 percent of all 
     administrative and civil penalties paid by responsible 
     parties after the date of enactment of this Act in connection 
     with the explosion on, and sinking of, the mobile offshore 
     drilling unit Deepwater Horizon pursuant to a court order, 
     negotiated settlement, or other instrument in accordance with 
     section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321).
       (c) Expenditures.--Amounts in the Trust Fund, including 
     interest earned on advances to the Trust Fund and proceeds 
     from investment under subsection (d), shall--
       (1) be available for expenditure, without further 
     appropriation, solely for the purpose and eligible activities 
     of this subtitle; and
       (2) remain available until expended, without fiscal year 
     limitation.
       (d) Investment.--Amounts in the Trust Fund shall be 
     invested in accordance with section 9702 of title 31, United 
     States Code, and any interest on, and proceeds from, any such 
     investment shall be available for expenditure in accordance 
     with this subtitle and the amendments made by this subtitle.
       (e) Administration.--Not later than 180 days after the date 
     of enactment of this Act, after providing notice and an 
     opportunity for public comment, the Secretary of the 
     Treasury, in consultation with the Secretary of

[[Page 3121]]

     the Interior and the Secretary of Commerce, shall establish 
     such procedures as the Secretary determines to be necessary 
     to deposit amounts in, and expend amounts from, the Trust 
     Fund pursuant to this subtitle, including--
       (1) procedures to assess whether the programs and 
     activities carried out under this subtitle and the amendments 
     made by this subtitle achieve compliance with applicable 
     requirements, including procedures by which the Secretary of 
     the Treasury may determine whether an expenditure by a Gulf 
     Coast State or coastal political subdivision (as those terms 
     are defined in section 311 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321)) pursuant to such a program or 
     activity achieves compliance;
       (2) auditing requirements to ensure that amounts in the 
     Trust Fund are expended as intended; and
       (3) procedures for identification and allocation of funds 
     available to the Secretary under other provisions of law that 
     may be necessary to pay the administrative expenses directly 
     attributable to the management of the Trust Fund.

     SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND 
                   ECONOMIC RECOVERY.

       Section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321) is amended--
       (1) in subsection (a)--
       (A) in paragraph (25)(B), by striking ``and'' at the end;
       (B) in paragraph (26)(D), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(27) the term `Chairperson' means the Chairperson of the 
     Council;
       ``(28) the term `coastal political subdivision' means any 
     local political jurisdiction that is immediately below the 
     State level of government, including a county, parish, or 
     borough, with a coastline that is contiguous with any portion 
     of the United States Gulf of Mexico;
       ``(29) the term `Comprehensive Plan' means the 
     comprehensive plan developed by the Council pursuant to 
     subsection (t);
       ``(30) the term `Council' means the Gulf Coast Ecosystem 
     Restoration Council established pursuant to subsection (t);
       ``(31) the term `Deepwater Horizon oil spill' means the 
     blowout and explosion of the mobile offshore drilling unit 
     Deepwater Horizon that occurred on April 20, 2010, and 
     resulting hydrocarbon releases into the environment;
       ``(32) the term `Gulf Coast ecosystem' means--
       ``(A) in the Gulf Coast States, the coastal zones (as that 
     term is defined in section 304 of the Coastal Zone Management 
     Act of 1972 (16 U.S.C. 1453), except that, in this section, 
     the term `coastal zones' includes land within the coastal 
     zones that is held in trust by, or the use of which is by law 
     subject solely to the discretion of, the Federal Government 
     or officers or agents of the Federal Government) that border 
     the Gulf of Mexico;
       ``(B) any adjacent land, water, and watersheds, that are 
     within 25 miles of the coastal zones described in 
     subparagraph (A) of the Gulf Coast States; and
       ``(C) all Federal waters in the Gulf of Mexico;
       ``(33) the term `Gulf Coast State' means any of the States 
     of Alabama, Florida, Louisiana, Mississippi, and Texas; and
       ``(34) the term `Trust Fund' means the Gulf Coast 
     Restoration Trust Fund established pursuant to section 1602 
     of the Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012.'';
       (2) in subsection (s), by inserting ``except as provided in 
     subsection (t)'' before the period at the end; and
       (3) by adding at the end the following:
       ``(t) Gulf Coast Restoration and Recovery.--
       ``(1) State allocation and expenditures.--
       ``(A) In general.--Of the total amounts made available in 
     any fiscal year from the Trust Fund, 35 percent shall be 
     available, in accordance with the requirements of this 
     section, to the Gulf Coast States in equal shares for 
     expenditure for ecological and economic restoration of the 
     Gulf Coast ecosystem in accordance with this subsection.
       ``(B) Use of funds.--
       ``(i) Eligible activities.--Amounts provided to the Gulf 
     States under this subsection may only be used to carry out 1 
     or more of the following activities:

       ``(I) Coastal restoration projects and activities, 
     including conservation and coastal land acquisition.
       ``(II) Mitigation of damage to, and restoration of, fish, 
     wildlife, or natural resources.
       ``(III) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan, 
     including fisheries monitoring.
       ``(IV) Programs to promote tourism in a Gulf Coast State, 
     including recreational fishing.
       ``(V) Programs to promote the consumption of seafood 
     produced from the Gulf Coast ecosystem.
       ``(VI) Programs to promote education regarding the natural 
     resources of the Gulf Coast ecosystem.
       ``(VII) Planning assistance.
       ``(VIII) Workforce development and job creation.
       ``(IX) Improvements to or upon State parks located in 
     coastal areas affected by the Deepwater Horizon oil spill.
       ``(X) Mitigation of the ecological and economic impact of 
     outer Continental Shelf activities and the impacts of the 
     Deepwater Horizon oil spill or promotion of the long-term 
     ecological or economic recovery of the Gulf Coast ecosystem 
     through the funding of infrastructure projects.
       ``(XI) Coastal flood protection and infrastructure directly 
     affected by coastal wetland losses, beach erosion, or the 
     impacts of the Deepwater Horizon oil spill.
       ``(XII) Administrative costs of complying with this 
     subsection.

       ``(ii) Limitation.--

       ``(I) In general.--Of the amounts received by a Gulf State 
     under this subsection not more than 3 percent may be used for 
     administrative costs eligible under clause (i)(XII).
       ``(II) Prohibition on use for imported seafood.--None of 
     the funds made available under this subsection shall be used 
     for any program to support or promote imported seafood or any 
     seafood product that is not harvested from the Gulf Coast 
     ecosystem.

       ``(C) Coastal political subdivisions.--
       ``(i) In general.--In the case of a State where the coastal 
     zone includes the entire State--

       ``(I) 75 percent of funding shall be provided to the 8 
     disproportionally affected counties impacted by the Deepwater 
     Horizon Oil Spill; and
       ``(II) 25 percent shall be provided to 
     nondisproportionately impacted counties within the State.

       ``(ii) Florida.--

       ``(I) Disproportionally affected counties.--Of the total 
     amounts made available to counties in the State of Florida 
     under clause (i)(I)--

       ``(aa) 10 percent shall be distributed equally among the 8 
     disproportionately affected counties; and
       ``(bb) 90 percent shall be distributed to the 8 
     disproportionately affected counties in accordance with the 
     following weighted formula:
       ``(AA) 30 percent based on the weighted average of the 
     county shoreline oiled.
       ``(BB) 30 percent based on the weighted average of the 
     county per capita sales tax collections estimated for the 
     fiscal year ending September 30, 2012.
       ``(CC) 20 percent based on the weighted average of the 
     population of the county.
       ``(DD) 20 percent based on the inverse proportion of the 
     weighted average distance from the Deepwater Horizon oil rig 
     to each of the nearest and farthest points of the shoreline.

       ``(II) Nondisproportionately impacted counties.--The total 
     amounts made available to coastal political subdivisions in 
     the State of Florida under clause (i)(II) shall be 
     distributed according to the following weighted formula:

       ``(aa) 34 percent based on the weighted average of the 
     population of the county.
       ``(bb) 33 percent based on the weighted average of the 
     county per capita sales tax collections estimated for the 
     fiscal year ending September 30, 2012.
       ``(cc) 33 percent based on the inverse proportion of the 
     weighted average distance from the Deepwater Horizon oil rig 
     to each of the nearest and farthest points of the shoreline.
       ``(iii) Louisiana.--Of the total amounts made available to 
     the State of Louisiana under this paragraph:

       ``(I) 70 percent shall be provided directly to the State in 
     accordance with this subsection.
       ``(II) 30 percent shall be provided directly to parishes in 
     the coastal zone (as defined in section 304 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of 
     Louisiana according to the following weighted formula:

       ``(aa) 40 percent based on the weighted average of miles of 
     the parish shoreline oiled.
       ``(bb) 40 percent based on the weighted average of the 
     population of the parish.
       ``(cc) 20 percent based on the weighted average of the land 
     mass of the parish.
       ``(iv) Conditions.--

       ``(I) Land use plan.--As a condition of receiving amounts 
     allocated under clause (iii), the chief executive of the 
     eligible parish shall certify to the Governor of the State 
     that the parish has completed a comprehensive land use plan.
       ``(II) Other conditions.--A coastal political subdivision 
     receiving funding under this subsection shall meet all of the 
     conditions in subparagraph (D).

       ``(D) Conditions.--As a condition of receiving amounts from 
     the Trust Fund, a Gulf Coast State, including the entities 
     described in subparagraph (E), or a coastal political 
     subdivision shall--
       ``(i) agree to meet such conditions, including audit 
     requirements, as the Secretary of the Treasury determines 
     necessary to ensure that amounts disbursed from the Trust 
     Fund will be used in accordance with this subsection;
       ``(ii) certify in such form and in such manner as the 
     Secretary of the Treasury determines necessary that the 
     project or program for which the Gulf Coast State or coastal 
     political subdivision is requesting amounts--

[[Page 3122]]

       ``(I) is designed to restore and protect the natural 
     resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, coastal wetlands, or economy of the Gulf 
     Coast;
       ``(II) carries out 1 or more of the activities described in 
     subparagraph (B)(i);
       ``(III) was selected based on meaningful input from the 
     public, including broad-based participation from individuals, 
     businesses, and nonprofit organizations; and
       ``(IV) in the case of a natural resource protection or 
     restoration project, is based on the best available science;

       ``(iii) certify that the project or program and the 
     awarding of a contract for the expenditure of amounts 
     received under this subsection are consistent with the 
     standard procurement rules and regulations governing a 
     comparable project or program in that State, including all 
     applicable competitive bidding and audit requirements; and
       ``(iv) develop and submit a multiyear implementation plan 
     for use of those funds.
       ``(E) Approval by state entity, task force, or agency.--The 
     following Gulf Coast State entities, task forces, or agencies 
     shall carry out the duties of a Gulf Coast State pursuant to 
     this paragraph:
       ``(i) Alabama.--

       ``(I) In general.--In the State of Alabama, the Alabama 
     Gulf Coast Recovery Council, which shall be comprised of only 
     the following:

       ``(aa) The Governor of Alabama, who shall also serve as 
     Chairperson and preside over the meetings of the Alabama Gulf 
     Coast Recovery Council.
       ``(bb) The Director of the Alabama State Port Authority, 
     who shall also serve as Vice Chairperson and preside over the 
     meetings of the Alabama Gulf Coast Recovery Council in the 
     absence of the Chairperson.
       ``(cc) The Chairman of the Baldwin County Commission.
       ``(dd) The President of the Mobile County Commission.
       ``(ee) The Mayor of the city of Bayou La Batre.
       ``(ff) The Mayor of the town of Dauphin Island.
       ``(gg) The Mayor of the city of Fairhope.
       ``(hh) The Mayor of the city of Gulf Shores.
       ``(ii) The Mayor of the city of Mobile.
       ``(jj) The Mayor of the city of Orange Beach.

       ``(II) Vote.--Each member of the Alabama Gulf Coast 
     Recovery Council shall be entitled to 1 vote.
       ``(III) Majority vote.--All decisions of the Alabama Gulf 
     Coast Recovery Council shall be made by majority vote.

       ``(ii) Louisiana.--In the State of Louisiana, the Coastal 
     Protection and Restoration Authority of Louisiana.
       ``(iii) Mississippi.--In the State of Mississippi, the 
     Mississippi Department of Environmental Quality.
       ``(F) Compliance with eligible activities.--If the 
     Secretary of the Treasury determines that an expenditure by a 
     Gulf Coast State or coastal political subdivision of amounts 
     made available under this subsection does not meet 1 of the 
     activities described in subparagraph (B)(i), the Secretary 
     shall make no additional amounts from the Trust Fund 
     available to that Gulf Coast State or coastal political 
     subdivision until such time as an amount equal to the amount 
     expended for the unauthorized use--
       ``(i) has been deposited by the Gulf Coast State or coastal 
     political subdivision in the Trust Fund; or
       ``(ii) has been authorized by the Secretary of the Treasury 
     for expenditure by the Gulf Coast State or coastal political 
     subdivision for a project or program that meets the 
     requirements of this subsection.
       ``(G) Compliance with conditions.--If the Secretary of the 
     Treasury determines that a Gulf Coast State or coastal 
     political subdivision does not meet the requirements of this 
     subsection, including the conditions of subparagraph (D), 
     where applicable, the Secretary of the Treasury shall make no 
     amounts from the Trust Fund available to that Gulf Coast 
     State or coastal political subdivision until all conditions 
     of this subsection are met.
       ``(H) Public input.--In meeting any condition of this 
     subsection, a Gulf Coast State may use an appropriate 
     procedure for public consultation in that Gulf Coast State, 
     including consulting with 1 or more established task forces 
     or other entities, to develop recommendations for proposed 
     projects and programs that would restore and protect the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, coastal wetlands, and economy of the Gulf 
     Coast.
       ``(I) Previously approved projects and programs.--A Gulf 
     Coast State or coastal political subdivision shall be 
     considered to have met the conditions of subparagraph (D) for 
     a specific project or program if, before the date of 
     enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012--
       ``(i) the Gulf Coast State or coastal political subdivision 
     has established conditions for carrying out projects and 
     programs that are substantively the same as the conditions 
     described in subparagraph (D); and
       ``(ii) the applicable project or program carries out 1 or 
     more of the activities described in subparagraph (B)(ii).
       ``(J) Consultation with council.--In carrying out this 
     subsection, each Gulf Coast State shall seek the input of the 
     Chairperson of the Council to identify large-scale projects 
     that may be jointly supported by that Gulf Coast State and by 
     the Council pursuant to the Comprehensive Plan with amounts 
     provided under this subsection.
       ``(K) Non-federal matching funds.--
       ``(i) In general.--A Gulf Coast State or coastal political 
     subdivision may use, in whole or in part, amounts made 
     available to that Gulf Coast State from the Trust Fund to 
     satisfy the non-Federal share of the cost of any project or 
     program authorized by Federal law that meets the eligible use 
     requirements under subparagraph (B)(i).
       ``(ii) Effect on other funds.--The use of funds made 
     available from the Trust Fund to satisfy the non-Federal 
     share of the cost of a project or program that meets the 
     requirements of clause (i) shall not affect the priority in 
     which other Federal funds are allocated or awarded.
       ``(L) Local preference.--In awarding contracts to carry out 
     a project or program under this subsection, a Gulf Coast 
     State or coastal political subdivision may give a preference 
     to individuals and companies that reside in, are 
     headquartered in, or are principally engaged in business in, 
     a Gulf Coast State.
       ``(M) Unused funds.--Any Funds not identified in an 
     implementation plan by a State or coastal political 
     subdivision in accordance with subparagraph (D)(iv) shall 
     remain in the Trust Fund until such time as the State or 
     coastal political subdivision to which the funds have been 
     allocated develops and submits a plan identifying uses for 
     those funds in accordance with subparagraph (D)(iv).
       ``(N) Judicial review.--If the Secretary of the Treasury 
     determines that a Gulf Coast State or coastal political 
     subdivision does not meet the requirements of this 
     subsection, including the conditions of subparagraph (D), the 
     Gulf Coast State or coastal political subdivision may obtain 
     expedited judicial review within 90 days of that decision in 
     a district court of the United States, of appropriate 
     jurisdiction and venue, that is located within the State 
     seeking such review.
       ``(2) Council establishment and allocation.--
       ``(A) In general.--Of the total amount made available in 
     any fiscal year from the Trust Fund, 60 percent shall be 
     disbursed to the Council to carry out the Comprehensive Plan.
       ``(B) Council expenditures.--
       ``(i) In general.--In accordance with this paragraph, the 
     Council shall expend funds made available from the Trust Fund 
     to undertake projects and programs that would restore and 
     protect the natural resources, ecosystems, fisheries, marine 
     and wildlife habitats, beaches, coastal wetlands, and economy 
     of the Gulf Coast.
       ``(ii) Allocation and expenditure procedures.--The 
     Secretary of the Treasury shall develop such conditions, 
     including audit requirements, as the Secretary of the 
     Treasury determines necessary to ensure that amounts 
     disbursed from the Trust Fund to the Council to implement the 
     Comprehensive Plan will be used in accordance with this 
     paragraph.
       ``(iii) Administrative expenses.--Of the amounts received 
     by the Council under this subsection, not more than 3 percent 
     may be used for administrative expenses, including staff.
       ``(C) Gulf coast ecosystem restoration council.--
       ``(i) Establishment.--There is established as an 
     independent entity in the Federal Government a council to be 
     known as the `Gulf Coast Ecosystem Restoration Council'.
       ``(ii) Membership.--The Council shall consist of the 
     following members, or in the case of a Federal agency, a 
     designee at the level of the Assistant Secretary or the 
     equivalent:

       ``(I) The Chair of the Council on Environmental Quality.
       ``(II) The Secretary of the Interior.
       ``(III) The Secretary of the Army.
       ``(IV) The Secretary of Commerce.
       ``(V) The Administrator of the Environmental Protection 
     Agency.
       ``(VI) The Secretary of Agriculture.
       ``(VII) The head of the department in which the Coast Guard 
     is operating.
       ``(VIII) The Governor of the State of Alabama.
       ``(IX) The Governor of the State of Florida.
       ``(X) The Governor of the State of Louisiana.
       ``(XI) The Governor of the State of Mississippi.
       ``(XII) The Governor of the State of Texas.

       ``(iii) Alternate.--A Governor appointed to the Council by 
     the President may designate an alternate to represent the 
     Governor on the Council and vote on behalf of the Governor.
       ``(iv) Chairperson.--From among the Federal agency members 
     of the Council, the representatives of States on the Council 
     shall select, and the President shall appoint, 1 Federal 
     member to serve as Chairperson of the Council.
       ``(v) Presidential appointment.--All Council members shall 
     be appointed by the President.
       ``(vi) Council actions.--

       ``(I) In general.--Subject to subclause (IV), significant 
     actions by the Council shall

[[Page 3123]]

     require the affirmative vote of the Federal Chairperson and a 
     majority of the State members to be effective.
       ``(II) Inclusions.--Significant actions include but are not 
     limited to--

       ``(aa) approval of a Comprehensive Plan and future 
     revisions to a Comprehensive Plan;
       ``(bb) approval of State plans pursuant to paragraph 
     (3)(B)(iv); and
       ``(cc) approval of reports to Congress pursuant to clause 
     (vii)(X).

       ``(III) Quorum.--A quorum of State members shall be 
     required to be present for the Council to take any 
     significant action.
       ``(IV) Affirmative vote requirement deemed met.--For 
     approval of State plans pursuant to paragraph (3)(B)(iv), the 
     certification by a State member of the Council that the plan 
     satisfies all requirements of clauses (i) and (ii) of 
     paragraphs (3)(B), when joined by an affirmative vote of the 
     Federal Chairperson of the Council, is deemed to satisfy the 
     requirements for affirmative votes under subclause (I).
       ``(V) Public transparency.--Appropriate actions of the 
     Council, including votes on significant actions and 
     associated deliberations, shall be made available to the 
     public.

       ``(vii) Duties of council.--The Council shall--

       ``(I) develop the Comprehensive Plan, and future revisions 
     to the Comprehensive Plan;
       ``(II) identify as soon as practicable the projects that--

       ``(aa) have been authorized prior to the date of enactment 
     of this subsection but not yet commenced; and
       ``(bb) if implemented quickly, would restore and protect 
     the natural resources, ecosystems, fisheries, marine and 
     wildlife habitats, beaches, barrier islands, dunes, and 
     coastal wetlands of the Gulf Coast ecosystem;

       ``(III) coordinate the development of consistent policies, 
     strategies, plans, and activities by Federal agencies, State 
     and local governments, and private sector entities for 
     addressing the restoration and protection of the Gulf Coast 
     ecosystem;
       ``(IV) establish such other advisory committee or 
     committees as may be necessary to assist the Council, 
     including a scientific advisory committee and a committee to 
     advise the Council on public policy issues;
       ``(V) coordinate scientific and other research associated 
     with restoration of the Gulf Coast ecosystem, including 
     research, observation, and monitoring carried out pursuant to 
     section 1604 of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012;
       ``(VI) seek to ensure that all policies, strategies, plans, 
     and activities for addressing the restoration of the Gulf 
     Coast ecosystem are based on the best available physical, 
     ecological, and economic data;
       ``(VII) make recommendations to address the particular 
     needs of especially economically and socially vulnerable 
     populations;
       ``(VIII) develop standard terms to include in contracts for 
     projects and programs awarded pursuant to the Comprehensive 
     Plan that provide a preference to individuals and companies 
     that reside in, are headquartered in, or are principally 
     engaged in business in, a Gulf Coast State;
       ``(IX) prepare an integrated financial plan and 
     recommendations for coordinated budget requests for the 
     amounts proposed to be expended by the Federal agencies 
     represented on the Council for projects and programs in the 
     Gulf Coast States;
       ``(X) submit to Congress an annual report that--

       ``(aa) summarizes the policies, strategies, plans, and 
     activities for addressing the restoration and protection of 
     the Gulf Coast ecosystem;
       ``(bb) describes the projects and programs being 
     implemented to restore and protect the Gulf Coast ecosystem; 
     and
       ``(cc) makes such recommendations to Congress for 
     modifications of existing laws as the Council determines 
     necessary to implement the Comprehensive Plan; and

       ``(XI) submit to Congress a final report on the date on 
     which all funds made available to the Council are expended.

       ``(viii) Application of federal advisory committee act.--
     The Council, or any other advisory committee established 
     under this subsection, shall not be considered an advisory 
     committee under the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       ``(D) Comprehensive plan.--
       ``(i) Proposed plan.--

       ``(I) In general.--Not later than 180 days after the date 
     of enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012, the Chairperson, on behalf of the 
     Council, shall publish a proposed plan to restore and protect 
     the natural resources, ecosystems, fisheries, marine and 
     wildlife habitats, beaches, and coastal wetlands of the Gulf 
     Coast ecosystem.
       ``(II) Contents.--The proposed plan described in subclause 
     (I) shall include and incorporate the findings and 
     information prepared by the President's Gulf Coast 
     Restoration Task Force.

       ``(ii) Publication.--

       ``(I) Initial plan.--Not later than 1 year after date of 
     enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012 and after notice and opportunity for 
     public comment, the Chairperson, on behalf of the Council and 
     after approval by the Council, shall publish in the Federal 
     Register the initial Comprehensive Plan to restore and 
     protect the natural resources, ecosystems, fisheries, marine 
     and wildlife habitats, beaches, and coastal wetlands of the 
     Gulf Coast ecosystem.
       ``(II) Cooperation with gulf coast restoration task 
     force.--The Council shall develop the initial Comprehensive 
     Plan in close coordination with the President's Gulf Coast 
     Restoration Task Force.
       ``(III) Considerations.--In developing the initial 
     Comprehensive Plan and subsequent updates, the Council shall 
     consider all relevant findings, reports, or research prepared 
     or funded by a center of excellence or the Gulf Fisheries and 
     Ecosystem Endowment established pursuant to the Gulf Coast 
     Ecosystem Restoration Science, Monitoring, and Technology 
     Program under section 1604 of the Resources and Ecosystems 
     Sustainability, Tourist Opportunities, and Revived Economies 
     of the Gulf Coast States Act of 2012.
       ``(IV) Contents.--The initial Comprehensive Plan shall 
     include--

       ``(aa) such provisions as are necessary to fully 
     incorporate in the Comprehensive Plan the strategy, projects, 
     and programs recommended by the President's Gulf Coast 
     Restoration Task Force;
       ``(bb) a list of any project or program authorized prior to 
     the date of enactment of this subsection but not yet 
     commenced, the completion of which would further the purposes 
     and goals of this subsection and of the Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012;
       ``(cc) a description of the manner in which amounts from 
     the Trust Fund projected to be made available to the Council 
     for the succeeding 10 years will be allocated; and
       ``(dd) subject to available funding in accordance with 
     clause (iii), a prioritized list of specific projects and 
     programs to be funded and carried out during the 3-year 
     period immediately following the date of publication of the 
     initial Comprehensive Plan, including a table that 
     illustrates the distribution of projects and programs by Gulf 
     Coast State.

       ``(V) Plan updates.--The Council shall update--

       ``(aa) the Comprehensive Plan every 5 years in a manner 
     comparable to the manner established in this subsection for 
     each 5-year period for which amounts are expected to be made 
     available to the Gulf Coast States from the Trust Fund; and
       ``(bb) the 3-year list of projects and programs described 
     in subclause (IV)(dd) annually.
       ``(iii) Restoration priorities.--Except for projects and 
     programs described in subclause (IV)(bb), in selecting 
     projects and programs to include on the 3-year list described 
     in subclause (IV)(dd), based on the best available science, 
     the Council shall give highest priority to projects that 
     address 1 or more of the following criteria:

       ``(I) Projects that are projected to make the greatest 
     contribution to restoring and protecting the natural 
     resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     ecosystem, without regard to geographic location.
       ``(II) Large-scale projects and programs that are projected 
     to substantially contribute to restoring and protecting the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     ecosystem.
       ``(III) Projects contained in existing Gulf Coast State 
     comprehensive plans for the restoration and protection of 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     ecosystem.
       ``(IV) Projects that restore long-term resiliency of the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands most impacted by the 
     Deepwater Horizon oil spill.

       ``(E) Implementation.--
       ``(i) In general.--The Council, acting through the member 
     agencies and Gulf Coast States, shall expend funds made 
     available from the Trust Fund to carry out projects and 
     programs adopted in the Comprehensive Plan.
       ``(ii) Administrative responsibility.--

       ``(I) In general.--Primary authority and responsibility for 
     each project and program included in the Comprehensive Plan 
     shall be assigned by the Council to a Gulf Coast State 
     represented on the Council or a Federal agency.
       ``(II) Transfer of amounts.--Amounts necessary to carry out 
     each project or program included in the Comprehensive Plan 
     shall be transferred by the Secretary of the Treasury from 
     the Trust Fund to that Federal agency or Gulf Coast State as 
     the project or program is implemented, subject to such 
     conditions as the Secretary of the Treasury, in consultation 
     with the Secretary of the Interior and the Secretary of 
     Commerce, established pursuant to section 1602

[[Page 3124]]

     of the Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012.

       ``(iii) Cost sharing.--

       ``(I) In general.--A Gulf Coast State or coastal political 
     subdivision may use, in whole or in part, amounts made 
     available to that Gulf Coast State or coastal political 
     subdivision from the Trust Fund to satisfy the non-Federal 
     share of the cost of carrying a project or program that--

       ``(aa) is authorized by other Federal law; and
       ``(bb) meets the criteria of subparagraph (D).

       ``(II) Inclusion in comprehensive plan.--A project or 
     program described in subclause (I) that meets the criteria 
     for inclusion in the Comprehensive Plan described in 
     subparagraph (D) shall be selected and adopted by the Council 
     as part of the Comprehensive Plan in the manner described in 
     subparagraph (D).

       ``(F) Coordination.--The Council and the Federal members of 
     the Council may develop Memorandums of Understanding 
     establishing integrated funding and implementation plans 
     among the member agencies and authorities.
       ``(G) Termination.--The Council shall terminate on the date 
     on which the report described in subparagraph (C)(vii)(XI) is 
     submitted to Congress.
       ``(3) Oil spill restoration impact allocation.--
       ``(A) In general.--Except as provided in paragraph (4), of 
     the total amount made available to the Council under 
     paragraph (2) in any fiscal year from the Trust Fund, 50 
     percent shall be disbursed by the Council as follows:
       ``(i) Formula.--Subject to subparagraph (B), for each Gulf 
     Coast State, the amount disbursed under this paragraph shall 
     be based on a formula established by the Council by 
     regulation that is based on a weighted average of the 
     following criteria:

       ``(I) 40 percent based on the proportionate number of miles 
     of shoreline in each Gulf Coast State that experienced oiling 
     as of April 10, 2011, compared to the total number of miles 
     of shoreline that experienced oiling as a result of the 
     Deepwater Horizon oil spill.
       ``(II) 40 percent based on the inverse proportion of the 
     average distance from the Deepwater Horizon oil rig to the 
     nearest and farthest point of the shoreline that experienced 
     oiling of each Gulf Coast State.
       ``(III) 20 percent based on the average population in the 
     2010 decennial census of coastal counties bordering the Gulf 
     of Mexico within each Gulf Coast State.

       ``(ii) Minimum allocation.--The amount disbursed to a Gulf 
     Coast State for each fiscal year under clause (i) shall be at 
     least 5 percent of the total amounts made available under 
     this paragraph.
       ``(B) Approval of projects and programs.--
       ``(i) In general.--The Council shall disburse amounts to 
     the respective Gulf Coast States in accordance with the 
     formula developed under subparagraph (A) for projects, 
     programs, and activities that will improve the ecosystems or 
     economy of the Gulf Coast, subject to the condition that each 
     Gulf Coast State submits a plan for the expenditure of 
     amounts disbursed under this paragraph which meet the 
     following criteria:

       ``(I) All projects, programs, and activities included in 
     that plan are eligible activities pursuant to paragraph 
     (1)(B)(i).
       ``(II) The projects, programs, and activities included in 
     that plan contribute to the overall economic and ecological 
     recovery of the Gulf Coast.
       ``(III) The plan takes into consideration the Comprehensive 
     Plan and is consistent with its goals and objectives, as 
     described in paragraph (2)(B)(i).

       ``(ii) Funding.--

       ``(I) In general.--Except as provided in subclause (II), 
     the plan described in clause (i) may use not more than 25 
     percent of the funding made available for infrastructure 
     projects eligible under subclauses (X) and (XI) of paragraph 
     (1)(B)(i).
       ``(II) Exception.--The plan described in clause (i) may 
     propose to use more than 25 percent of the funding made 
     available for infrastructure projects eligible under 
     subclauses (X) and (XI) of paragraph (1)(B)(i) if the plan 
     certifies that--

       ``(aa) ecosystem restoration needs in the State will be 
     addressed by the projects in the proposed plan; and
       ``(bb) additional investment in infrastructure is required 
     to mitigate the impacts of the Deepwater Horizon Oil Spill to 
     the ecosystem or economy.
       ``(iii) Development.--The plan described in clause (i) 
     shall be developed by--

       ``(I) in the State of Alabama, the Alabama Gulf Coast 
     Recovery Council established under paragraph (1)(E)(i);
       ``(II) in the State of Florida, a consortia of local 
     political subdivisions that includes at least 1 
     representative of each disproportionally affected county;
       ``(III) in the State of Louisiana, the Coastal Protection 
     and Restoration Authority of Louisiana;
       ``(IV) in the State of Mississippi, the Office of the 
     Governor or an appointee of the Office of the Governor; and
       ``(V) in the State of Texas, the Office of the Governor or 
     an appointee of the Office of the Governor.

       ``(iv) Approval.--Not later than 60 days after the date on 
     which a plan is submitted under clause (i), the Council shall 
     approve or disapprove the plan based on the conditions of 
     clause (i).
       ``(C) Disapproval.--If the Council disapproves a plan 
     pursuant to subparagraph (B)(iv), the Council shall--
       ``(i) provide the reasons for disapproval in writing; and
       ``(ii) consult with the State to address any identified 
     deficiencies with the State plan.
       ``(D) Failure to submit adequate plan.--If a State fails to 
     submit an adequate plan under this subsection, any funds made 
     available under this subsection shall remain in the Trust 
     Fund until such date as a plan is submitted and approved 
     pursuant to this subsection.
       ``(E) Judicial review.--If the Council fails to approve or 
     take action within 60 days on a plan described in 
     subparagraph (B)(iv), the State may obtain expedited judicial 
     review within 90 days of that decision in a district court of 
     the United States, of appropriate jurisdiction and venue, 
     that is located within the State seeking such review.
       ``(4) Authorization of interest transfers.--
       ``(A) In general.--Of the total amount made available in 
     any fiscal year from the Trust Fund, an amount equal to the 
     interest earned by the Trust Fund and proceeds from 
     investments made by the Trust Fund in the preceding fiscal 
     year--
       ``(i) 50 percent shall be transferred to the National 
     Endowment for Oceans in subparagraph (B); and
       ``(ii) 50 percent shall be transferred to the Gulf of 
     Mexico Research Endowment in subparagraph (C).
       ``(B) National endowment for the oceans.--
       ``(i) Establishment.--

       ``(I) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the `National 
     Endowment for the Oceans', consisting of such amounts as may 
     be appropriated or credited to the National Endowment for the 
     Oceans.
       ``(II) Investment.--Amounts in the National Endowment for 
     the Oceans shall be invested in accordance with section 9602 
     of the Internal Revenue Code of 1986, and any interest on, 
     and proceeds from, any such investment shall be available for 
     expenditure in accordance with this subparagraph.

       ``(ii) Trustee.--The trustee for the National Endowment for 
     the Oceans shall be the Secretary of Commerce.
       ``(iii) Allocation of funds.--

       ``(I) In general.--Each fiscal year, the Secretary shall 
     allocate, at a minimum, an amount equal to the interest 
     earned by the National Endowment for the Oceans in the 
     preceding fiscal year, and may distribute an amount equal to 
     up to 10 percent of the total amounts in the National 
     Endowment for the Oceans--

       ``(aa) to allocate funding to coastal states (as defined in 
     section 304 of the Marine Resources and Engineering 
     Development Act of 1966 (16 U.S.C. 1453)) and affected Indian 
     tribes;
       ``(bb) to make grants to regional ocean and coastal 
     planning bodies; and
       ``(cc) to develop and implement a National Grant Program 
     for Oceans and Coastal Waters.

       ``(II) Program adjustments.--Each fiscal year where the 
     amount described in subparagraph (A)(i) does not exceed 
     $100,000,000, the Secretary may elect to fund only the grant 
     program established in subclause (I)(cc).

       ``(iv) Eligible activities.--Funds deposited in the 
     National Endowment for the Oceans may be allocated by the 
     Secretary only to fund grants for programs and activities 
     intended to restore, protect, maintain, or understand living 
     marine resources and their habitats and resources in ocean 
     and coastal waters (as defined in section 304 of the Marine 
     Resources and Engineering Development Act of 1966 (16 U.S.C. 
     1453)), including baseline scientific research, ocean 
     observing, and other programs and activities carried out in 
     coordination with Federal and State departments or agencies, 
     that are consistent with Federal environmental laws and that 
     avoid environmental degradation.
       ``(v) Application.--To be eligible to receive a grant under 
     clause (iii)(I), an entity shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary determines to be appropriate.
       ``(vi) Funding for coastal states.--The Secretary shall 
     allocate funding among States as follows:

       ``(I) 50 percent of the funds shall be allocated equally 
     among coastal States.
       ``(II) 25 percent of the funds shall be allocated based on 
     tidal shoreline miles.
       ``(III) 25 percent of the funds shall be allocated based on 
     the coastal population density of a coastal State.
       ``(IV) No State shall be allocated more than 10 percent of 
     the total amount of funds available for allocation among 
     coastal States for any fiscal year.
       ``(V) No territory shall be allocated more than 1 percent 
     of the total amount of funds available for allocation among 
     coastal States for any fiscal year.

       ``(C) Gulf of mexico research endowment.--

[[Page 3125]]

       ``(i) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the `Gulf of 
     Mexico Research Endowment', to be administered by the 
     Secretary of Commerce, solely for use in providing long-term 
     funding in accordance with section 1604 of the Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012.
       ``(ii) Investment.--Amounts in the Gulf of Mexico Research 
     Endowment shall be invested in accordance with section 9602 
     of the Internal Revenue Code of 1986, and, after adjustment 
     for inflation so as to maintain the value of the principal, 
     any interest on, and proceeds from, any such investment shall 
     be available for expenditure and shall be allocated in equal 
     portions to the Gulf Coast Ecosystem Restoration Science, 
     Monitoring, and Technology Program and Fisheries Endowment 
     established in section 1604 of the Resources and Ecosystems 
     Sustainability, Tourist Opportunities, and Revived Economies 
     of the Gulf Coast States Act of 2012.''.

     SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 
                   OBSERVATION, MONITORING, AND TECHNOLOGY 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Fisheries and ecosystem endowment.--The term 
     ``Fisheries and Ecosystem Endowment'' means the endowment 
     established by subsection (d).
       (3) Program.--The term ``Program'' means the Gulf Coast 
     Ecosystem Restoration Science, Observation, Monitoring, and 
     Technology Program established by subsection (b).
       (b) Establishment of Program.--There is established within 
     the National Oceanic and Atmospheric Administration a program 
     to be known as the ``Gulf Coast Ecosystem Restoration 
     Science, Observation, Monitoring, and Technology Program'', 
     to be carried out by the Administrator.
       (c) Centers of Excellence.--
       (1) In general.--In carrying out the Program, the 
     Administrator, in consultation with other Federal agencies 
     with expertise in the discipline of a center of excellence, 
     shall make grants in accordance with paragraph (2) to 
     establish and operate 5 centers of excellence, 1 of which 
     shall be located in each of the States of Alabama, Florida, 
     Louisiana, Mississippi, and Texas.
       (2) Grants.--
       (A) In general.--The Administrator shall use the amounts 
     made available to carry out this section to award competitive 
     grants to nongovernmental entities and consortia in the Gulf 
     Coast region (including public and private institutions of 
     higher education) for the establishment of centers of 
     excellence as described in paragraph (1).
       (B) Application.--To be eligible to receive a grant under 
     this paragraph, an entity or consortium described in 
     subparagraph (A) shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator determines to be 
     appropriate.
       (C) Priority.--In awarding grants under this paragraph, the 
     Administrator shall give priority to entities and consortia 
     that demonstrate the ability to establish the broadest cross-
     section of participants with interest and expertise in any 
     discipline described in paragraph (3) on which the proposal 
     of the center of excellence will be focused.
       (3) Disciplines.--Each center of excellence shall focus on 
     science, technology, and monitoring in at least 1 of the 
     following disciplines:
       (A) Coastal and deltaic sustainability, restoration and 
     protection; including solutions and technology that allow 
     citizens to live safely and sustainably in a coastal delta.
       (B) Coastal fisheries and wildlife ecosystem research and 
     monitoring.
       (C) Offshore energy development, including research and 
     technology to improve the sustainable and safe development of 
     energy resources.
       (D) Sustainable and resilient growth, economic and 
     commercial development in the Gulf Coast.
       (E) Comprehensive observation, monitoring, and mapping of 
     the Gulf of Mexico.
       (4) Coordination with other programs.--The Administrator 
     shall develop a plan for the coordination of projects and 
     activities between the Program and other existing Federal and 
     State science and technology programs in the States of 
     Alabama, Florida, Louisiana, Mississippi, and Texas, as well 
     as between the centers of excellence.
       (d) Establishment of Fisheries and Ecosystem Endowment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Council shall establish a fishery 
     and ecosystem endowment to ensure, to the maximum extent 
     practicable, the long-term sustainability of the ecosystem, 
     fish stocks, fish habitat and the recreational, commercial, 
     and charter fishing industry in the Gulf of Mexico.
       (2) Expenditure of funds.--For each fiscal year, amounts 
     made available to carry out this subsection may be expended 
     for, with respect to the Gulf of Mexico--
       (A) marine and estuarine research;
       (B) marine and estuarine ecosystem monitoring and ocean 
     observation;
       (C) data collection and stock assessments;
       (D) pilot programs for--
       (i) fishery independent data; and
       (ii) reduction of exploitation of spawning aggregations; 
     and
       (E) cooperative research.
       (3) Administration and implementation.--The Fisheries and 
     Ecosystem Endowment shall be administered by the 
     Administrator of the National Oceanic and Atmospheric 
     Administration, in consultation with the Director of the 
     United States Fish and Wildlife Service, with guidance 
     provided by the Regional Gulf of Mexico Fishery Management 
     Council.
       (4) Species included.--The Fisheries and Ecosystem 
     Endowment will include all marine, estuarine, aquaculture, 
     and fish and wildlife species in State and Federal waters of 
     the Gulf of Mexico.
       (5) Research priorities.--In distributing funding under 
     this subsection, priority shall be given to integrated, long-
     term projects that--
       (A) build on, or are coordinated with, related research 
     activities; and
       (B) address current or anticipated marine ecosystem, 
     fishery, or wildlife management information needs.
       (6) Duplication and coordination.--In carrying out this 
     subsection, the Administrator shall seek to avoid duplication 
     of other research and monitoring activities and coordinate 
     with existing research and monitoring programs, including the 
     Integrated Coastal and Ocean Observation System Act of 2009 
     (33 U.S.C. 3601 et seq.).
       (e) Funding.--
       (1) In general.--Except as provided in subsection (t)(4) of 
     section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321), of the total amount made available for each 
     fiscal year for the Gulf Coast Restoration Trust Fund 
     established under section 1602, 5 percent shall be allocated 
     in equal portions to the Program and Fisheries and Ecosystem 
     Endowment established by this section.
       (2) Administrative expenses.--Of the amounts received by 
     the National Oceanic and Atmospheric Administration to carry 
     out this section, not more than 3 percent may be used for 
     administrative expenses.

     SEC. 1605. EFFECT.

       (a) In General.--Nothing in this subtitle or any amendment 
     made by this subtitle--
       (1) supersedes or otherwise affects any provision of 
     Federal law, including, in particular, laws providing 
     recovery for injury to natural resources under the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for 
     the protection of public health and the environment; or
       (2) applies to any fine collected under section 311 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321) for any 
     incident other than the Deepwater Horizon oil spill.
       (b) Use of Funds.--Funds made available under this subtitle 
     may be used only for eligible activities specifically 
     authorized by this subtitle.

              Subtitle G--Land and Water Conservation Fund

     SEC. 1701. LAND AND WATER CONSERVATION FUND.

       (a) Authorization.--Section 2 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is amended--
       (1) in the matter preceding subsection (a), by striking 
     ``September 30, 2015'' and inserting ``September 30, 2022''; 
     and
       (2) in subsection (c)(1), by striking ``through September 
     30, 2015'' and inserting ``September 30, 2022''.
       (b) Funding.--Section 3 of the Land and Water Conservation 
     Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as 
     follows:

     ``SEC. 3. AVAILABILITY OF FUNDS.

       ``(a) Funding.--
       ``(1) Fiscal years 2013 and 2014.--For each of fiscal years 
     2013 and 2014--
       ``(A) $700,000,000 of amounts covered into the fund under 
     section 2 shall be available for expenditure, without further 
     appropriation or fiscal year limitation, to carry out the 
     purposes of this Act; and
       ``(B) the remainder of amounts covered into the fund shall 
     be available subject to appropriations, which may be made 
     without fiscal year limitation.
       ``(2) Fiscal years 2015 through 2022.--For each of fiscal 
     years 2015 through 2022, amounts covered into the fund under 
     section 2 shall be available for expenditure to carry out the 
     purposes of this Act subject to appropriations, which may be 
     made without fiscal year limitation.
       ``(b) Uses.--Amounts made available for obligation or 
     expenditure from the fund may be obligated or expended only 
     as provided in this Act.
       ``(c) Willing Sellers.--In using amounts made available 
     under subsection (a)(1)(A), the Secretary shall only acquire 
     land or interests in land by purchase, exchange, or donation 
     from a willing seller.
       ``(d) Additional Amounts.--Amounts made available under 
     subsection (a)(1)(A) shall be in addition to amounts made 
     available to the fund under section 105 of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432).
       ``(e) Allocation Authority.--Appropriation Acts may provide 
     for the allocation of

[[Page 3126]]

     amounts covered into the fund under section 2.''.
       (c) Allocation of Funds.--Section 5 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
       (1) in the first sentence, by inserting ``or expenditures'' 
     after ``appropriations'';
       (2) in the second sentence--
       (A) by inserting ``or expenditures'' after 
     ``appropriations''; and
       (B) by inserting before the period at the end the 
     following: ``, including the amounts to be allocated from the 
     fund for Federal and State purposes''; and
       (3) by striking ``Those appropriations from'' and all that 
     follows through the end of the section.
       (d) Conforming Amendments.--Section 6(b) of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is 
     amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``or expended'' after ``appropriated'';
       (2) in paragraph (1)--
       (A) by inserting ``or expenditures'' after 
     ``appropriations''; and
       (B) by striking ``; and'' and inserting a period; and
       (3) in the first sentence of paragraph (2), by inserting 
     ``or expenditure'' after ``appropriation''.
       (e) Public Access.--Section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``or expended'' after ``appropriated''; and
       (B) in paragraph (3), by inserting ``or expenditures'' 
     after ``such appropriations'';
       (2) in subsection (b)--
       (A) in the first sentence, by inserting ``or expenditures'' 
     after ``Appropriations''; and
       (B) in the proviso, by inserting ``or expenditures'' after 
     ``appropriations'';
       (3) in the first sentence of subsection (c)(1)--
       (A) by inserting ``or expended'' after ``appropriated''; 
     and
       (B) by inserting ``or expenditures'' after 
     ``appropriations''; and
       (4) by adding at the end the following:
       ``(d) Public Access.--Not less than 1.5 percent of the 
     annual authorized funding amount shall be made available each 
     year for projects that secure recreational public access to 
     existing Federal public land for hunting, fishing, and other 
     recreational purposes.''.

                          Subtitle H--Offsets

     SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTEREST.

       (a) In General.--Paragraphs (5)(D) and (6) of section 
     864(f) of the Internal Revenue Code of 1986 are each amended 
     by striking ``December 31, 2020'' and inserting ``December 
     31, 2021.''
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1802.

                                 ______
                                 
  SA 1823. Mr. REID (for Mr. Harkin (for himself, Mr. Burr, Mr. Enzi, 
Mr. Casey, Mr. Lieberman, and Ms. Collins)) proposed an amendment to 
the bill S. 1855, to amend the Public Health Service Act to reauthorize 
various programs under the Pandemic and All-Hazards Preparedness Act; 
as follows:

       On page 80, line 18, insert ``medical and public health'' 
     before ``needs of children''.
       On page 80, lines 19 and 20, strike ``, including public 
     health emergencies''.
       On page 82, between lines 5 and 6, insert the following:
       ``(G) the Administrator of the Federal Emergency Management 
     Agency;''.
       On page 82, line 6, strike ``(G) at least two'' and insert 
     ``(H) at least two non-Federal''.
       On page 82, line 9, strike ``(H)'' and insert ``(I)''.
       On page 82, line 13, strike ``(I)'' and insert ``(J)''.

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