[Congressional Record (Bound Edition), Volume 158 (2012), Part 3]
[Senate]
[Pages 3375-3386]
[From the U.S. Government Publishing Office, www.gpo.gov]




        MOVING AHEAD FOR PROGRESS IN THE 21st CENTURY--Continued


                    Amendment No. 1826, as Modified

  The PRESIDING OFFICER. The Senator from Kansas.
  Mr. ROBERTS. Mr. President, I would like to ask support for my 
amendment that would approve the Keystone XL Pipeline. It would expand 
oil and gas exploration on Federal lands and would extend certain tax 
provisions that are utilized by a number of individuals and businesses 
throughout the country.
  The base of my amendment includes most but not all of the expired 
energy tax incentives addressed in the amendment that will be offered 
by my friends on the other side of the aisle. But there is a clear 
difference in that my amendment addresses the supply side of the 
equation and avoids extending some of the costly energy provisions that 
were created under the failed American Recovery and Reinvestment Act of 
2009; i.e., the stimulus.
  While I support many of the tax provisions included in the Democrats' 
counterproposal, the majority amendment fails to address the No. 1 
issue facing Americans of every walk of life, from farmers to 
manufacturers, to teachers, which is the rising cost of gasoline. My 
amendment does just that, and it implements the important first steps 
toward increasing domestic supplies of conventional energy that our 
country will rely on for decades to come.
  My amendment would cut redtape, open more Federal land for oil and 
gas exploration and drilling; it would approve the Keystone XL 
Pipeline, while also extending renewable tax provisions that benefit 
domestic energy production, businesses, and individuals alike. It also 
restores expired individual and business tax relief provisions.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. ROBERTS. I ask unanimous consent for 1 additional minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ROBERTS. It also restores expired individual and business tax 
relief provisions and, most of all, it promotes economic growth.
  Lastly, my amendment does all this without adding to the deficit, 
which, considering our more than $15 trillion debt, is something our 
future generations certainly can appreciate.

[[Page 3376]]

  I thank my colleagues if they would support this very commonsense, 
progrowth amendment.
  Mr. BENNET. Mr. President, I have come to the floor to discuss the 
Roberts side-by-side amendment. I support several provisions in Senator 
Roberts' amendment, but, crucially, others miss the mark.
  One provision that gives me particular concern relates to the 
development of oil shale resources in the Rocky Mountain West. I 
believe we need to take a more cautious approach to oil shale 
development.
  This type of energy development could have enormous implications for 
Colorado's scarce water supplies and our farming and ranching heritage.
  That is why, over the years, a great diversity of voices--from the 
Rocky Mountain Farmers Union to the Grand Junction Daily Sentinel 
Editorial Board--have raised concerns over plans to accelerate oil 
shale development on public land. Yet this amendment would do exactly 
that.
  Mr. President, there are other provisions in the Roberts amendment 
that are certainly worthy of support. I hope to work with the Senator 
from Kansas as we continue the discussion about where to make wise 
investments in our Tax Code and elsewhere.
  Ms. CANTWELL. Mr. President, I wish to raise my concerns about the 
Roberts amendment.
  This amendment is a disappointing attempt to play politics with what 
should be a bipartisan issue: extending the State and local sales tax 
deduction and other key tax policies. We need to move forward on a 
serious bipartisan proposal to extend the State sales tax deduction. It 
is a matter of tax fairness for Washington residents.
  But we cannot afford to threaten Washington's coastal economy by 
opening the West Coast and the Arctic National Wildlife Refuge for 
drilling.
  Therefore, I will not support the Roberts Amendment and I look 
forward to serious legislation to extend the State sales tax deduction.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan.
  Ms. STABENOW. Mr. President, I rise to oppose the Roberts amendment 
No. 1826.
  My friend from Kansas and I work together in the Agriculture 
Committee, and I appreciate the great bipartisan work we have been able 
to do. But I stand to strongly oppose this amendment. I believe that 
when it comes to energy, we should do it all. We need more domestic 
production of wind, solar, electric vehicles, advanced batteries. We 
absolutely need to stop our addiction to foreign oil and create jobs 
here in America at the same time.
  Unfortunately, that is not what this amendment does. It includes the 
Hoeven language that we defeated earlier last week. We shouldn't be 
building a pipeline from Canada to China. If we build a pipeline, we 
should use the oil to lower gas prices for American families. It also 
includes dangerous requirements for drilling in the Arctic and in 
offshore locations without any safeguards. Worst of all, it ends tax 
cuts for wind and clean energy manufacturing at a time when families 
are paying so much at the pump. It doesn't make sense to raise taxes on 
the businesses that are trying to reduce our dependence on foreign oil, 
and it pays for all these changes by adding redtape to working families 
when they file their taxes, adding more burdens to middle-class 
families.
  I urge my colleagues to vote no.
  The PRESIDING OFFICER. The Senator from Maryland.
  Mr. CARDIN. Mr. President, I ask unanimous consent for 1 additional 
minute.
  The PRESIDING OFFICER. Without objection, the Senator from Maryland 
is recognized.
  Mr. CARDIN. Mr. President, let me concur in everything Senator 
Stabenow said in opposition to this amendment.
  There are many reasons to oppose it, but let me add one additional 
reason, in that it violates the agreement we reached on the debt 
ceiling on the budget caps for this year and does it on the backs of 
our Federal workers. Once again, the Republicans are coming forward 
with another attack on the Federal workforce. Enough is enough. Every 
amendment, they are picking on the Federal workforce.
  I urge my colleagues to defeat this amendment.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
1826, as modified.
  Mr. KYL. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from Utah (Mr. Hatch).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 41, nays 57, as follows:

                      [Rollcall Vote No. 38 Leg.]

                                YEAS--41

     Alexander
     Ayotte
     Barrasso
     Begich
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Cornyn
     Crapo
     Enzi
     Graham
     Grassley
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--57

     Akaka
     Baucus
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Corker
     DeMint
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lieberman
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Rubio
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  Mr. KYL. Mr. President, I rise to explain the reasons I voted for 
Roberts amendment No. 1826.
  First, the amendment would increase America's energy supply by 
approving the Keystone XL pipeline, opening lands in the Outer 
Continental Shelf and the Alaska National Wildlife Refuge for drilling, 
and implementing a commercial leasing program for oil shale.
  The amendment would also extend a number of important temporary tax 
provisions that expired at the end of 2011. Significantly, it would not 
extend a number of provisions that are unsound policy or no longer 
necessary.
  However, the amendment did extend some provisions that I believe 
should be ended because they are unwarranted subsidies that distort 
markets. These include tax credits for energy-efficient homes, 
alternative fuel vehicle refueling property, biodiesel, energy-
efficient appliances, and alternative fuels.
  While I supported the Roberts amendment, I do not want this vote to 
be interpreted as support for each and every provision that was 
included. I hope that as the tax extenders package continues to be 
considered by Congress, a number of unnecessary and harmful provisions 
will be eliminated. Ideally, Congress will consider comprehensive tax 
reform that lowers rates, eliminates special subsidies, and makes sound 
tax policy permanent.
  The PRESIDING OFFICER. The Senator from Michigan.


                    Amendment No. 1812, as Modified

  Ms. STABENOW. Mr. President, I ask unanimous consent to call up 
amendment No. 1812, as modified, and ask that the clerk report the 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the amendment.
  The legislative clerk read as follows:


[[Page 3377]]

       The Senator from Michigan [Ms. Stabenow] proposes an 
     amendment numbered 1812, as modified.

  The amendment is as follows:

   (Purpose: To prevent a tax increase on American businesses and to 
  provide certainty to job creators by extending certain expiring tax 
                      credits relating to energy)

       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 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

[[Page 3378]]

     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).''.
       (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.

     SEC. ____. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Subsection (e) of section 45N 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 taxable years beginning after December 31, 
     2011.

     SEC. ____. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY 
                   EQUIPMENT.

       (a) In General.--Subsection (g) of section 179E of the 
     Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2011'' and inserting ``December 31, 2012''.

  Ms. STABENOW. Mr. President, I urge my colleagues to support this 
amendment to stop the tax increase on American businesses that are 
creating clean-energy jobs. Especially now when gas prices are going up 
and families are struggling more than ever to fill the tank, we 
shouldn't be raising taxes on innovators and job creators who are 
helping to lower America's energy bills. My amendment extends 19 
different tax cuts for innovative businesses that account for 2.7 
million jobs.
  Let me also say that the oil industry has benefited from special tax 
benefits for almost 100 years. The cost of this is not offset, it is 
part of the Tax Code. Yet the tax cuts that will create American jobs 
to get us off foreign oil have been extended only a year at a time, and 
they have been subject to different budget rules. This makes no sense.
  If we want to see ``Made in America'' again, I urge my colleagues to 
support this amendment.
  The PRESIDING OFFICER. Who yields time in opposition?
  Mr. RISCH. I yield back our time.
  The PRESIDING OFFICER. All time is yielded back. The question is on 
agreeing to the amendment.
  Mr. CONRAD. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from Utah (Mr. Hatch).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 49, nays 49, as follows:

                      [Rollcall Vote No. 39 Leg.]

                                YEAS--49

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Whitehouse
     Wyden

                                NAYS--49

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     Manchin
     McCain
     McCaskill
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Toomey
     Vitter
     Warner
     Webb
     Wicker

                             NOT VOTING--2

     Hatch
     Kirk
       
  The PRESIDING OFFICER (Mr. Franken). Under the previous order 
requiring 60 votes for the adoption of this amendment, the amendment is 
not agreed to.


                           Amendment No. 1589

  There will now be 2 minutes of debate equally divided prior to a vote 
in relation to amendment No. 1589, offered by the Senator from South 
Carolina Mr. DeMint.
  Mr. DeMINT. Mr. President, we have all complained about the big 
corporations that don't pay any taxes, only to find that many times 
that is because we offer some tax subsidy that allows them to get out 
of taxes. We have complained about subsidies for Big Oil, Big Natural 
Gas. We have given subsidies to companies that go out of business 
because we are trying to pick winners and losers. Temporary tax policy 
for whatever we are trying to do does not work.
  This amendment eliminates the tax subsidies, the loopholes we talk 
about not just for Big Oil but for all of the energy tax credits. 
Folks, if we let the market work, we are going to have wind, we are 
going to have solar, but we are going to have it in a way that

[[Page 3379]]

does not waste the money of hard-working taxpayers.
  So I encourage my colleagues' support. I know a lot of my colleagues 
have new subsidies they are proposing, but it is no way to run a free 
market economy, to try to run it from this room. Let's get rid of 
subsidies, lower the corporate tax rate, and let our country work.
  I reserve the remainder of my time.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Mr. President, this amendment does two things. First, it 
increases taxes on business men and women trying to provide some 
alternative energy for this country. It increases taxes on those men 
and women.
  Second, it eases out revenue by increasing taxes on individuals and 
uses it to lower the corporate tax rate. That is one of the main things 
this does.
  Third, it repeals credits and deductions on one section of our energy 
industry--the renewables, the alternatives--but it doesn't for 
conventional oil and gas.
  So, No. 1, this raises taxes on individuals and uses it to lower the 
corporate rate; and, No. 2, it is unbalanced because it reduces credits 
and deductions in the alternative area but not on the conventional 
energy area. It is unbalanced and wrong. I urge my colleagues to vote 
against this amendment.
  The PRESIDING OFFICER. All time has expired.
  The question is on agreeing to the amendment.
  Mr. DeMINT. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from Utah (Mr. Hatch).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 26, nays 72, as follows:

                      [Rollcall Vote No. 40 Leg.]

                                YEAS--26

     Ayotte
     Blunt
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Crapo
     DeMint
     Graham
     Inhofe
     Johanns
     Johnson (WI)
     Kyl
     Lee
     McCain
     McConnell
     Paul
     Portman
     Risch
     Rubio
     Sessions
     Shelby
     Toomey
     Vitter
     Wicker

                                NAYS--72

     Akaka
     Alexander
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Cornyn
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Grassley
     Hagan
     Harkin
     Heller
     Hoeven
     Hutchison
     Inouye
     Isakson
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Moran
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of this amendment, the amendment is rejected.
  The Senator from New Jersey.


                           Amendment No. 1782

(Purpose: To amend the Internal Revenue Code of 1986 to modify certain 
        tax credits relating to energy, and for other purposes)

  Mr. MENENDEZ. Mr. President, I ask to set aside the pending amendment 
and offer Menendez-Burr amendment No. 1782, which is at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Jersey [Mr. Menendez], for himself, 
     Mr. Burr, and Mr. Reid, proposes an amendment numbered 1782.

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in the Record of Monday, March 5, 2012, 
under ``Text of Amendments.'')
  Mr. MENENDEZ. Mr. President, gas prices are skyrocketing. Meanwhile, 
natural gas is $1.50 cheaper than gasoline. We have a 100-plus-year 
supply of natural gas we can draw from. The only thing that is in our 
way is we have so few natural gas vehicles and refueling stations on 
the road.
  The NAT GAS Act gives manufacturers and utilities the assurance that 
the Federal Government will help jump-start this market, adding over 
700,000 natural gas vehicles to our roads and displacing over 20 
billion gallons of petroleum fuel, mostly from our bus and truck 
fleets. It does all this while being paid for by a surcharge on the 
users who will benefit from the amendment.
  We know there are some industries that have concern. Instead of 
exporting natural gas, which we are about to do in this country, let's 
use it in America so we can give our drivers an option. I urge my 
colleagues to vote for this bipartisan amendment.
  The PRESIDING OFFICER. Who yields time?
  Mr. BURR. Mr. President, I would like to be recognized.
  The PRESIDING OFFICER. The Senator from North Carolina.
  Mr. BURR. Mr. President, let me say to my colleagues, what this 
simply does is to take something that is happening naturally--a 
transition from diesel, in most cases, over to natural gas--and it 
accelerates it. It gives it a 5-hour energy drink. We should take this 
opportunity to accelerate it as fast as we can. It is paid for, as 
Senator Menendez said.
  This is essential if we want natural gas prices to stay down--
increase demand. If not, we are going to shut in wells, we are going to 
find ways to sell it offshore.
  If we want to keep historically low natural gas prices, then let's 
increase demand so production increases and we can take advantage of 
all these finds we have all over the United States of America.
  Mr. CORNYN. Mr. President, today I come to the floor to express 
concerns about the Menendez/Burr amendment, to include the NAT GAS Act 
in the transportation bill.
  This legislation would provide tax credits to promote natural gas 
vehicles and refueling infrastructure by imposing a user fee on natural 
gas fuel used as vehicle fuel. Although the tax credits are detailed in 
the legislation, it is less certain whether the imposition of a new tax 
applied to Liquefied Natural Gas (LNG) and Compressed Natural Gas (CNG) 
used for transportation will cover the costs of the subsidies.
  Instead of providing more directives from Washington to the 
marketplace, Congress should be concerned with the overall access to 
energy, and the President should work to alleviate the pain caused by 
his policies which raise energy prices. Companies and consumers can 
make their own choices about what fuel to use, and what kind of car to 
drive. We should be out of the game of favoring one choice over 
another, and ensure that fuel supplies are not unnecessarily 
restricted.
  Consumer choice should be the driver of technology in the 
marketplace, not securing favor in Washington. In fact today consumers 
can evaluate a myriad of vehicles that fit their needs, from hybrids to 
traditional gasoline-powered vehicles. In addition, the high cost of 
gasoline and lower cost of natural gas has already led General Motors 
and Chrysler/Dodge to announce plans to build natural gas fueled pick-
up trucks.
  While the market is already seeing some transition toward natural gas 
vehicles, President Obama's policies to limit supplies of fossil fuels 
could cause economic pain for natural gas users in the future. 
President Obama's support of duplicative, unnecessary regulations at 
the federal level, raising taxes on producers, and restricting access 
to federal lands by keeping them off-limits or by slow-walking permits, 
will result in raising natural gas prices by reducing supply.

[[Page 3380]]

  Unfortunately, the Obama administration continues to enact policies 
that harm oil and natural gas production. Consider the rising cost of 
gasoline and the Obama administration's failure to take concrete 
actions to alleviate the pain Americans are feeling at the pump. The 
average U.S. price of a gallon of regular gasoline has more than 
doubled since the week of his inauguration in January 2009, from $1.84 
to $3.82.
  I have great pride for my home state of Texas, and the countless 
producers and operators who have made Texas the leading U.S. producer 
of oil and natural gas, and we know that America has only just begun to 
tap its vast resources. Unfortunately, the Obama administration's 
proposed offshore oil and natural gas leasing plan for 2012 to 2017 
eliminates 50 percent of lease sales provided for in the previous plan, 
and imposes a moratorium on developing energy from 14 billion barrels 
of oil and 55 trillion cubic feet of natural gas in the Atlantic and 
Pacific oceans.
  Expanding access to federal onshore and offshore lands, and 
eliminating permit delays for leases, could help reduce prices and 
strengthen our energy security while creating jobs and boosting tax 
revenues. The moratorium on exploration in the Gulf of Mexico, and 
persistent delays for permits in shallow and deep water leases, could 
result in a 19 percent decrease in production in 2012 compared to 2010, 
according to the Energy Information Administration.
  At the same time the President highlights our Nation's vast natural 
gas resources, his administration through the Environmental Protection 
Agency (EPA) is considering burdensome new regulations on which would 
make securing that fuel much more difficult. The U.S. Chamber of 
Commerce reports that the EPA alone ``is moving forward with 31 major 
economic rules and 172 major policy rules'' that affect our energy 
supply. The Chamber rightly calls this ``an unprecedented level of 
regulatory action.''
  Given the Administration's track record with gasoline prices, it is 
easy to see a similar direction for natural gas prices in the future--
particularly as the EPA continues to propose devastating regulations 
that lead to the retirement of coal-fired electricity generation and 
ensure greater demand for natural gas in power generation. American 
energy producers are also deeply worried about the EPA's proposed 
greenhouse gas regulations, which will serve as an energy tax on all 
consumers.
  I know there are natural gas producers and transit authorities in my 
State who favor this legislation, however, instead of directing demand 
for a product, I believe we should concern ourselves with ensuring 
ample supplies of the fuels we need. We should promote access to our 
Nation's natural gas, and discourage duplicative regulations, and stay 
out of the business of manipulating demand for its use and leave that 
to the marketplace.
  Mr. BENNET. Mr. President, I rise to express my support for the 
Menendez-Burr amendment, No. 1782, dealing with natural gas vehicles. 
We have an opportunity today to reduce our dependence on foreign oil by 
diversifying our vehicle fleet to run on a fuel that is not made from 
crude oil.
  The Menendez-Burr amendment--which I cosponsor--would make smart 
investments designed to spur greater production of vehicles that run on 
natural gas. Advances in technology have unlocked new reserves of 
natural gas in this country. And we ought to be using this resource--
which burns cleaner than any other fossil fuel--to power a greater 
share of our economy.
  Natural gas is a domestic resource that we now have in relative 
abundance. Its development has driven economic growth in Colorado and 
across the Nation. Passage of the Menendez-Burr amendment would create 
even more economic opportunities by building and retrofitting vehicles 
to run on natural gas.
  To be sure, natural gas alone is not going to solve our problems. We 
need to focus on continued increases in vehicle efficiency. We have 
recently made great strides in that arena.
  We also need to be sure we are developing natural gas in an 
environmentally responsible way. Colorado has been a leader on this 
point--with the strongest rules in the Nation--in ensuring that natural 
gas development protects communities and drinking water. Nationally 
more needs to be done to protect those living adjacent to development. 
I think all States should look to our rules in Colorado as a national 
model.
  In short, this amendment will diversify our vehicle fleet, drive 
continued economic growth in the energy sector, and clean up our air--
all while reducing our dependence on foreign oil. I urge my colleagues 
to support the Menendez-Burr amendment when it comes for a vote later 
today.
  I thank the Presiding Officer.
  Mr. MENENDEZ. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  Is there debate in opposition?
  If not, the question is on agreeing to amendment No. 1782.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch) and the Senator from Illinois (Mr. Kirk).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 51, nays 47, as follows:

                      [Rollcall Vote No. 41 Leg.]

                                YEAS--51

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Coburn
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Inouye
     Isakson
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (FL)
     Reed
     Reid
     Rockefeller
     Schumer
     Shaheen
     Snowe
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Whitehouse
     Wyden

                                NAYS--47

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Brown (MA)
     Coats
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Harkin
     Heller
     Hoeven
     Hutchison
     Inhofe
     Johanns
     Johnson (WI)
     Kyl
     Leahy
     Lee
     Levin
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Nelson (NE)
     Paul
     Portman
     Pryor
     Risch
     Roberts
     Rubio
     Sanders
     Sessions
     Shelby
     Stabenow
     Thune
     Toomey
     Vitter
     Webb
     Wicker

                             NOT VOTING--2

     Hatch
     Kirk
       
  The PRESIDING OFFICER. Under the previous order requiring 60 votes 
for the adoption of the amendment, the amendment is rejected.


                           Amendment No. 1517

  The PRESIDING OFFICER. There is now 2 minutes of debate equally 
divided, prior to a vote in relation to amendment No. 1517, offered by 
the Senator from Indiana Mr. Coats.
  Mr. COATS. Mr. President, this amendment is very simple. It is a 
matter of equity and fairness.
  The reality is that a majority of States, such as Indiana, my State, 
and many others do not receive their fair share of the distribution of 
highway funds. This bill unfairly rewards a minority of States that 
have collected earmarks in the past that go to establishing the 
historical benchmark from which the distributions are made. This 
amendment creates a new system by which everyone is treated equally and 
treated fairly.
  A system of winners and losers is not the way we should go forward 
with distributing funds that are paid by our taxpayers for the building 
of roads and bridges. So let's address the current inequity in this 
bill and give each State its rightful share. I ask my colleagues for 
their support.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Mr. President, this is a killer amendment. Our committee 
voted 18 to 0 on a bipartisan bill that set out the formulas in a very 
fair way. What did we do? We didn't want to jolt

[[Page 3381]]

the States in the middle of a tough economic time, so we kept that 
funding in place. Again, the distribution is very fair.
  In contrast, we have a lot of drafting problems with my friend's 
amendment. The Department of Transportation says it doesn't even 
specify that the gas taxes will not be factored in as Federal gas 
taxes. It just has a flaw in it. It is also very biased because 
traditionally we have always distributed these funds to States based on 
numerous factors, need-based factors: lane miles in a State, the cost 
to repair or replace deficient bridges, the vehicle miles traveled.
  So I would say to my friend, I appreciate the spirit with which he 
offers this amendment. I understand the spirit is one that he can be 
proud of.
  The PRESIDING OFFICER. The Senator's time has expired.
  Mrs. BOXER. But this, in fact, at the end of the day, ruins the bill, 
and I urge a ``no'' vote.
  The PRESIDING OFFICER. The Senator's time has expired.
  The Senator from Indiana.
  Mr. COATS. I urge my colleagues to take a look at getting fairness in 
the distribution of funds. A majority of States are not treated fairly.
  The PRESIDING OFFICER. The question is on agreeing to amendment No. 
1517.
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch) and the Senator from Illinois (Mr. Kirk).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER (Mrs. Shaheen). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 28, nays 70, as follows:

                      [Rollcall Vote No. 42 Leg.]

                                YEAS--28

     Alexander
     Brown (OH)
     Burr
     Chambliss
     Coats
     Corker
     Cornyn
     DeMint
     Graham
     Grassley
     Hagan
     Heller
     Hutchison
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Levin
     Lugar
     McCain
     McConnell
     Moran
     Paul
     Portman
     Roberts
     Rubio
     Stabenow

                                NAYS--70

     Akaka
     Ayotte
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Cantwell
     Cardin
     Carper
     Casey
     Coburn
     Cochran
     Collins
     Conrad
     Coons
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Harkin
     Hoeven
     Inhofe
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Tester
     Thune
     Toomey
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
       
  The amendment (No. 1517) was rejected.
  The PRESIDING OFFICER (Mrs. Shaheen). The Senator from Ohio.


                           Amendment No. 1819

  Mr. BROWN of Ohio. Madam President, I ask unanimous consent to set 
aside the pending amendment and call up amendment No. 1819.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Ohio [Mr. Brown], for himself and Mr. 
     Merkley, proposes an amendment numbered 1819.

  Mr. BROWN of Ohio. Madam President, I ask unanimous consent that 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To close a loophole in current law which has allowed public 
infrastructure projects to be outsourced, to standardize the process by 
which the Secretary of Transportation responds to requests for waivers 
 to applicable Buy America provisions, and to require the Secretary to 
          report annually to Congress regarding such waivers)

       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 for assistance under this chapter for 
     a project carried out within the scope of the

[[Page 3382]]

     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.''.

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided prior to a vote in relation to amendment No. 1819 offered by 
the Senator from Ohio, Mr. Brown.
  Mr. BROWN of Ohio. Madam President, our amendment requires DOT to 
report annually on waivers, including analysis of taxpayer dollars that 
are spent on foreign materials and infrastructure. It closes a loophole 
that currently exists that allows the project to be split into several 
pieces, thus evading ``Buy American'' requirements.
  The San Francisco-Oakland Bay Bridge is the most outrageous example 
of that. The $6 billion project was divided into 20 separate 
construction contracts, resulting in a Chinese-owned company building a 
520-foot steel tower and 28 steel bridge decks. That was not what this 
was meant to do.
  It is modeled on language House Republicans passed. It is consistent 
with our international trade obligations.
  I yield the remainder of my time to Senator Merkley, a cosponsor.
  Mr. MERKLEY. Madam President, transportation projects financed by 
American taxpayers should, to the maximum extent possible, be built 
using American materials and American workers. But all too often 
loopholes have crept in that have resulted in American transportation 
projects paid for with American taxpayer money being built by Chinese 
firms with Chinese workers and Chinese steel. It is wrong. Please 
support this amendment.
  The PRESIDING OFFICER. The Senator's time has expired.
  Who yields time in opposition?
  Mr. REID. I yield back.
  The PRESIDING OFFICER. The time is yielded back.
  The question is on agreeing to the amendment.
  The amendment (No. 1819) was agreed to.


                           Amendment No. 1540

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided on amendment No. 1540, offered by the Senator from Missouri, 
Mr. Blunt.
  The Senator from Missouri is recognized.
  Mr. BLUNT. Madam President, this amendment would continue the current 
practice in which 15 percent of the bridge money that goes to States 
goes to local governments. If you have talked to a county commissioner 
anywhere in the country about the highway bill, my guess is they 
mentioned continuing the current policy on sharing some of this bridge 
money with local governments. It doesn't increase the amount of money; 
what it does is continue current policy. I think every county 
commissioner in America would be relieved if they were going to 
continue to maintain their bridges.
  I urge a ``yes'' vote on this amendment.
  The PRESIDING OFFICER. Who will yields time in opposition?
  Mrs. BOXER. We yield back.
  The PRESIDING OFFICER. All time is yielded back.
  The question is on agreeing to the amendment.
  The amendment (No. 1540) was agreed to.


                    Amendment No. 1814, as Modified

  The PRESIDING OFFICER. The Senator from Oregon.
  Mr. MERKLEY. Madam President, I ask to call up the Merkley-Toomey 
amendment, as modified, that is at the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Oregon [Mr. Merkley], for himself, Mr. 
     Toomey, and Mr. Blunt, proposes an amendment numbered 1814, 
     as modified.

  The amendment is as follows:

  (Purpose: To provide exemptions from requirements for certain farm 
                               vehicles)

       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--
       (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.
       (d) Safety Study.--The Secretary shall conduct a study of 
     the exemption required by section (a) as follows--
       (1) Data and analysis of covered farm vehicles shall 
     include:
       (A) the number of vehicles that are operated subject to 
     each of the regulatory exemptions permitted under section 
     (a);
       (B) the number of drivers that operate covered farm 
     vehicles subject to each of the regulatory exemptions 
     permitted under section (a);
       (C) the number of crashes involving covered farm vehicles;
       (D) the number of occupants and non-occupants injured in 
     crashes involving covered farm vehicles;
       (E) the number of fatalities of occupants and non-occupants 
     killed in crashes involving farm vehicles;
       (F) crash investigations and accident reconstruction 
     investigations of all fatalities in crashes involving covered 
     farm vehicles;
       (G) overall operating mileage of covered farm vehicles;
       (H) numbers of covered farm vehicles that operate in 
     neighboring states; and
       (I) any other data the Secretary deems necessary to analyze 
     and include.
       (2) A listing of state regulations issued and maintained in 
     each state that are identical to the federal regulations that 
     are subject to exemption in section (a).
       (3) The Secretary shall report the findings of the study to 
     the appropriate committees of the Congress not later than 18 
     months after enactment of MAP-21.


[[Page 3383]]

  Mr. MERKLEY. Madam President, I first defer to my colleague across 
the aisle to speak to the bill.
  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided prior to a vote on amendment No. 1814, offered by the Senator 
from Oregon.
  Mr. BLUNT. I thank the Senator for yielding. I am pleased to join him 
on this amendment. This would allow family farmers to use their 
vehicles within 150 miles of their farm without having to have a 
commercial driver's license. It is a requirement that wouldn't make 
sense for those businesses. I urge its passage.
  I yield to Mr. Toomey.
  The PRESIDING OFFICER. The Senator from Pennsylvania.
  Mr. TOOMEY. I thank the Senator from Missouri and the Senator from 
Oregon for working together on this amendment.
  Under current regulations, the States are essentially required to 
adopt rules that would force a family farmer who is driving a tractor 
across the street to follow the same kinds of rules and regulations 
that a cross-country long-haul truckdriver has to comply with in terms 
of hours of service and regulations and logbooks. It is a solution in 
search of a problem. It is costly. It is unnecessary.
  I urge adoption of the amendment, and I yield back to the Senator 
from Oregon.
  Mr. MERKLEY. I ask unanimous consent for an additional 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. Madam President, I ask for an additional 30 seconds.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MERKLEY. Madam President, this is simple common sense, that you 
can drive across your State, but if the place you drop off your food is 
across the border, you have to put it into an interstate truck to go 1 
mile down the road. That makes no sense for farmers, it makes no sense 
for safety.
  This is a sort of commonsense solution along borders, allowing 
farmers to get their food from the farm to the depot, be that an 
airplane depot, or put it on a barge, put it on a ship, be that put it 
in an interstate truck. It is common sense. Let's do it.
  The PRESIDING OFFICER. Is there any time to be used in opposition?
  If not, the question is on agreeing to the amendment.
  The amendment (No. 1814, as modified) was agreed to.


                           Amendment No. 1617

  The PRESIDING OFFICER. The Senator from Minnesota.
  Ms. KLOBUCHAR. Madam President, I ask unanimous consent to call up 
amendment No. 1617, the Klobuchar-Roberts Agriculture Hours of Service 
amendment and ask the clerk to report the amendment by number.
  The PRESIDING OFFICER. The clerk will report.
  The assistant bill clerk read as follows:

       The Senator from Minnesota [Ms. Klobuchar], for herself and 
     Mr. Roberts, proposes an amendment numbered 1617.

  The amendment is as follows:

(Purpose: To amend the Motor Carrier Safety Improvement Act of 1999 to 
    provide clarification regarding the applicability of exemptions 
  relating to the transportation of agricultural commodities and farm 
                   supplies, and for other purposes)

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

  The PRESIDING OFFICER. There will now be 2 minutes of debate equally 
divided.
  Ms. KLOBUCHAR. Madam President, the Klobuchar-Roberts amendment would 
clarify the way the Federal Motor Carriers Safety Administration 
currently implements and enforces an exemption to hours of service 
rules as they apply to the agriculture industry during spring planting 
and fall harvesting. Our amendment reinforces existing law and brings 
the exemption back to the way it was implemented from 1995 to 2009.
  This is a commonsense change with broad support. It has the backing 
of the American Trucking Association as well as 50 agricultural 
organizations which includes the American Farm Bureau Federation and 
the National Farmers Union.
  I thank Senator Roberts for his leadership on this important issue, 
as well as Senators Nelson, McCaskill, Johanns, and Lugar for their 
strong support and cosponsorship.
  I ask my colleagues to vote for this amendment.
  Mr. ROBERTS. Madam President, I would like to associate myself with 
the comments made by my colleague from Minnesota and urge my colleagues 
to vote in favor of Amendment No. 1617, the Klobuchar, Roberts, Ben 
Nelson, McCaskill, Johanns, and Lugar amendment to clarify Hours of 
Service--HOS--exemption for Ag transportation.
  The Motor Carrier Safety Improvement Act expressly states:

       Regulations prescribed by the Secretary regarding maximum 
     driving and on-duty time for drivers used by motor carriers 
     shall not apply during planting and harvest periods, as 
     determined by each State, to drivers transporting 
     agricultural commodities or farm supplies for agricultural 
     purposes in a State if such transportation is limited to an 
     area within a 100 air mile radius from the source of the 
     commodities or the distribution point for the farm supplies.

  We believe this statute alone, not to mention clear Congressional 
intent demonstrated in previous sessions, clearly allows the 
transportation of all farm supplies from any distribution point to a 
local farm retailer or to the ultimate consumer--in other words, from 
source to retail, source to farm, and retail to farm.
  Unfortunately, in 2009 the Federal Motor Carrier Safety 
Administration--FMCSA--began to misinterpret both the statute and 
Congressional intent.
  Currently, FMCSA only allows for the transportation of a single farm 
supply--anhydrous ammonia--from any distribution point to a local farm 
retailer or to the ultimate consumer. While anhydrous ammonia is 
perhaps the most widely used farm supply to be transported under the 
AgHOS regulations, many other critical farm supplies have been excluded 
because of the agency's interpretation. This severely hinders the 
flexibility our farmers need during planting and harvesting seasons.
  FMCSA, through several waivers granted over the past two years, has 
recognized the need for an exemption to their motor carrier 
regulations.
  Therefore, our amendment will reinforce what we believe is existing 
law by clarifying that a driver transporting farm supplies from source 
to retail, source to farm, and retail to farm is included in the Ag 
Hours of Service exemption.
  This amendment is a commonsense approach to simply clarify what is 
already existing law and will provide our Nation's farmers with the 
flexibility they need to feed an ever-growing Nation and world.
  I yield the floor and, again, strongly encourage my friends to vote 
in favor of this commonsense amendment.
  The PRESIDING OFFICER. Is there debate in opposition?
  If not, the question is on agreeing to the amendment.
  The amendment (No. 1617) was agreed to.


                           Amendment No. 1736

  The PRESIDING OFFICER. There is now 2 minutes of debate equally 
divided prior to a vote on amendment No. 1736, offered by the Senator 
from Ohio, Mr. Portman.

[[Page 3384]]


  Mr. PORTMAN. Madam President, I urge my colleagues to support this 
amendment. This is similar to an amendment we voted on earlier today. 
This is simply a State opt-out, giving States the discretion to be able 
to opt out should they choose to. The highway trust fund has been 
bailed out three times from the general fund to the tune of about $35 
billion. This would enable us to put more money directly into roads and 
bridges. The highway trust fund spent about $78 billion on projects not 
related to that over the period 2004 to 2008.
  Again, I encourage my colleagues to support this opportunity for us 
to get back on a fiscally sustainable path, eliminate waste, allow the 
States the flexibility they need to maintain our roads and bridges back 
home.
  I urge my colleagues to support it.
  I yield my time.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, could we have order?
  First, thank you to all colleagues for your amazing cooperation. I 
hope we vote this down because we already did vote down a similar 
amendment.
  This is another amendment that would devolve the Federal Aid Highway 
Program back to the States. In closing, let me quote from the American 
Road and Transportation Builders. This is what they say:

       Allowing States to opt out of the Federal highway program 
     ignores the role of the U.S. highway network in supporting 
     the national economy and the reliance of each State's economy 
     on the ability to ship products efficiently across borders.

  This is not good for our economy. I urge a ``no'' vote.
  Mr. HARKIN. Will the Senator yield for a minute?
  Mrs. BOXER. Sure.
  Mr. HARKIN. I am also told this would exempt States from having to 
meet their obligation under the Americans With Disabilities Act to 
provide equal access to people with disabilities.
  Mrs. BOXER. This would essentially devolve the whole program, go 
against what Dwight Eisenhower had in mind when he started the National 
Highway System.
  I urge a ``no'' vote.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. The Senator from Ohio has 14 seconds. Does he 
wish to use them?
  Mr. PORTMAN. This is simply an opt-out, it is not a mandate. It gives 
the States the discretion to do it. The States would be required to 
support the highway system. It is a different vote from the previous 
amendment.
  I urge my colleagues to support this commonsense approach to make 
sure we get more money into our roads and bridges.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mrs. BOXER. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Illinois (Mr. Kirk) and the Senator from Utah (Mr. Hatch).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 30, nays 68, as follows:

                      [Rollcall Vote No. 43 Leg.]

                                YEAS--30

     Alexander
     Ayotte
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Corker
     Cornyn
     DeMint
     Graham
     Grassley
     Heller
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Paul
     Portman
     Roberts
     Rubio
     Toomey
     Vitter
     Wicker

                                NAYS--68

     Akaka
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Coons
     Crapo
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Risch
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
       
  The amendment (No. 1736) was rejected.


                    Amendment No. 1785, as Modified

  The PRESIDING OFFICER. There is now 2 minutes of debate, equally 
divided, prior to a vote in relation to amendment No. 1785, as 
modified, offered by the Senator from Tennessee, Mr. Corker.
  The Senator from Tennessee.
  Mr. CORKER. Madam President, the whole Nation watched last August as 
our Nation almost shut down over a debt ceiling vote and a very good 
law was put in place. Senator Reid has called it stronger than any 
budget resolution we have ever had. We agreed during that vote that 
what we would do is raise the debt ceiling but lower discretionary caps 
over the next 10 years in order to lower the deficit. We had language 
regarding a budget resolution. Unfortunately, last week we overrode 
that, but the fact is this bill violates the Budget Control Act we put 
in place just last August, 7 months ago. For this bill to be truly 
budget neutral, as was outlined in the spirit of this bill as it was--
--
  The PRESIDING OFFICER. The Senator's time has expired.
  Mr. CORKER. We have to offset discretionary spending by $11 billion.
  The PRESIDING OFFICER. The Senator from Hawaii.
  Mr. INOUYE. Madam President, this amendment would lower the 
nondefense discretionary cap established by the Budget Control Act by 
$11 billion to offset transfers from the general fund necessary to 
replenish the highway trust fund. This amendment is in clear violation 
of the Budget Control Act we just agreed to 6 months ago. In the 
simplest terms, the amendment would impose a 2-percent cut to 
nondefense discretionary spending in order to pay for a shortfall in 
mandatory spending. I would suggest if you want an offset for mandatory 
spending, find a mandatory offset.
  However, the pending amendment deals with matters within the Budget 
Committee's jurisdiction; therefore, I raise a point of order that the 
pending amendment violates section 306 of the Congressional Budget Act 
of 1974.
  The PRESIDING OFFICER. The Senator from Tennessee.
  Mr. CORKER. This is the amendment, as modified; is that correct?
  The PRESIDING OFFICER. The Senator is correct.
  The amendment (No. 1785), as modified, is as follows:

       At the end of division D, add the following:

     SEC. __. DISCRETIONARY SPENDING CAP ADJUSTMENT FOR FISCAL 
                   YEAR 2013.

       Paragraph (2)(A)(ii) of section 251A of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is 
     amended by striking ``$501,000,000,000'' and inserting 
     ``$490,000,000,000''.

  Mr. CORKER. Madam President, pursuant to section 904 of the 
Congressional Budget Act of 1974 and 4G3 of the Statutory Pay-As-You-Go 
Act of 2010, I move to waive all applicable sections of those acts and 
applicable budget resolutions for purposes of my amendment and ask for 
the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch) and the Senator from Illinois (Mr. Kirk).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``yea.''

[[Page 3385]]

  The PRESIDING OFFICER (Mr. Casey). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 40, nays 58, as follows:

                      [Rollcall Vote No. 44 Leg.]

                                YEAS--40

     Alexander
     Ayotte
     Barrasso
     Blunt
     Boozman
     Burr
     Chambliss
     Coats
     Coburn
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Graham
     Grassley
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kyl
     Lee
     Lugar
     McCain
     McConnell
     Moran
     Murkowski
     Paul
     Portman
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Thune
     Toomey
     Vitter
     Wicker

                                NAYS--58

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Boxer
     Brown (MA)
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Cochran
     Collins
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Heller
     Inouye
     Johnson (SD)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
  The PRESIDING OFFICER. On this vote, the yeas are 40, the nays are 
58. Three-fifths of the Senators duly chosen and sworn not having voted 
in the affirmative, the motion is rejected. The point of order is 
sustained and the amendment fails.
  Who yields time?
  The Senator from California.
  Mrs. BOXER. Mr. President, I ask unanimous consent that Shaheen 
amendment No. 1678 be considered following Paul amendment No. 1556.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


                           Amendment No. 1742

  There is now 2 minutes of debate equally divided prior to a vote in 
relation to amendment No. 1742, offered by the Senator from Ohio, Mr. 
Portman.
  The Senator from Ohio.
  Mr. PORTMAN. Mr. President, this amendment is about States being able 
to control what happens at their rest areas. It is a very important 
amendment. It is supported by a number of different groups: the 
National Governors Association, the American Association of State 
Highway and Transportation Officials, Citizens Against Government 
Waste, a lot of private sector entities, as well as other 
organizations.
  It goes to a mandate that was put in place back in 1956 that is a 
typical one-size-fits-all Federal mandate--unfunded--that does not 
allow States the flexibility to decide what they do at their rest 
areas. This amendment would lift that mandate from 1956. Incidentally, 
26 of us represent States that already allow some commercial activity 
at rest areas because those rest areas were grandfathered in before the 
1956 mandate.
  It makes a lot of sense, and it will save States hundreds of millions 
of dollars a year. It takes that money and provides for the needs of 
the State in the transportation areas, including putting more money 
into roads and bridges.
  This amendment does not direct or mandate States to do anything. They 
do not have to commercialize a single rest area. They do not have to 
change the way they are doing anything, but they would have the 
opportunity to do so. It gives States the much needed flexibility they 
want.
  The PRESIDING OFFICER. Who yields time in opposition?
  The Senator from California.
  Mrs. BOXER. Mr. President, I hope we will oppose this amendment. It 
is very controversial. It is opposed by a very broad and diverse group 
of business and labor organizations.
  It would overturn a 60-year prohibition on allowing commercial 
services at interstate rest areas. The ban was enacted because Congress 
recognized the importance of supporting businesses and commercial 
activity along interstates. That decision has resulted in the 
development of 97,000 businesses that employ over 2 million Americans 
who provide services to travelers on our Nation's highways.
  This amendment would allow commercial activities at existing 
interstate rest areas, which would lead to devastating losses to those 
businesses that are located near interstate interchanges.
  So I urge my colleagues to oppose this amendment and support the 
small businesses that exist across our country near highway exits. So I 
urge a ``no'' vote.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  Mr. PORTMAN. I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The assistant bill clerk called the roll.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Utah (Mr. Hatch) and the Senator from Illinois (Mr. Kirk).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``nay.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 12, nays 86, as follows:

                      [Rollcall Vote No. 45 Leg.]

                                YEAS--12

     Ayotte
     Carper
     Coats
     Coons
     Crapo
     Kyl
     Lieberman
     McCain
     Murkowski
     Portman
     Risch
     Toomey

                                NAYS--86

     Akaka
     Alexander
     Barrasso
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Blunt
     Boozman
     Boxer
     Brown (MA)
     Brown (OH)
     Burr
     Cantwell
     Cardin
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     DeMint
     Durbin
     Enzi
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Hagan
     Harkin
     Heller
     Hoeven
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson (SD)
     Johnson (WI)
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Lee
     Levin
     Lugar
     Manchin
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Moran
     Murray
     Nelson (NE)
     Nelson (FL)
     Paul
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Rubio
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Stabenow
     Tester
     Thune
     Udall (CO)
     Udall (NM)
     Vitter
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                             NOT VOTING--2

     Hatch
     Kirk
       
  The amendment (No. 1742) was rejected.


                           Amendment No. 1830

  Mrs. BOXER. Mr. President, I send a managers' package to the desk 
which has been approved by both managers and both leaders. Under the 
provisions of the previous order, I ask unanimous consent that it be 
agreed to.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mrs. BOXER. Mr. President, I understand that Senator Shaheen no 
longer intends to offer her amendment, so we can strike that from the 
list.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Mr. President, the Republican leader and I have had 
discussions this afternoon, but I think it is fair to say he and I both 
believe we should finish this bill tomorrow. There is a very important 
event tonight--it may not mean much to anyone outside the Senate 
family, but it is to us, being able to recognize Susan Collins on a 
very special occasion in her life--and we are going to leave here so 
people who want to go to that event can do so.

[[Page 3386]]

  We will come in tomorrow, and we will have about three or four votes 
to complete. We are having some other conversations, Senator McConnell 
and I, about other matters, and we will discuss that later. There will 
be no more votes tonight.
  The PRESIDING OFFICER. For the information of the Senate, the 
managers' package just agreed to is amendment No. 1830, offered by 
Senator Boxer.
  The Senator from California.
  Mrs. BOXER. Mr. President, I just wanted to go on record tonight as 
saying we have made just incredible progress on this bill, and I look 
forward to tomorrow, where we will complete work on it. I think we are 
showing bipartisan spirit here and bipartisan cooperation. It is 
important to note that 2.8 million jobs hang in the balance.
  So we will see everyone tomorrow. I feel very good we are going to 
pass our bill, and with that I suggest the absence of a quorum--I 
withdraw that.
  The PRESIDING OFFICER. The Senator from Louisiana.

                          ____________________