Volume 158, No. 37 covering the 2nd Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S1463-S1476 on March 7, 2012.
The publication is reproduced in full below:
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.
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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.
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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 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.''.
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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 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).''.
(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.
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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--
(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--
(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 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 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, Mrs. Shaheen, 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 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--
``(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 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 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.--
``(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 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.
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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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