S.Amdt. 629

TEXT OF AMENDMENTS

SA 619. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1403 and insert the following:

SEC. 1403. INCREASED PENALTIES FOR HIGHER-RISK DRIVERS
DRIVING WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.

(a) In General.--Section 164 of title 23, United States
Code, is amended to read as follows:

``Sec. 164. Increased penalties for higher-risk drivers
driving while intoxicated or driving under the influence

``(a) Definitions.--In this section:
``(1) Blood alcohol concentration.--The term `blood alcohol
concentration' means

[[Page S4961]]

grams of alcohol per 100 milliliters of blood or the
equivalent grams of alcohol per 210 liters of breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and
`driving under the influence' mean driving or being in actual
physical control of a motor vehicle while having a blood
alcohol concentration above the permitted limit as
established by each State.
``(3) Higher-risk impaired driver law.--
``(A) In general.--The term `higher-risk impaired driver
law' means a State law that provides, as a minimum penalty,
that--
``(i) an individual described in subparagraph (B) shall--

``(I) receive a driver's license suspension;
``(II)(aa) have the motor vehicle driven at the time of
arrest impounded or immobilized for not less than 45 days;
and
``(bb) for the remainder of the license suspension period,
be required to install a certified alcohol ignition interlock
device on the vehicle;
``(III)(aa) be subject to an assessment by a certified
substance abuse official of the State that assesses the
degree of abuse of alcohol by the individual; and
``(bb) be assigned to a treatment program or impaired
driving education program, as determined by the assessment;
and
``(IV) be imprisoned for not less than 10 days, or have an
electronic monitoring device for not less than 100 days; and

``(ii) an individual who is convicted of driving while
intoxicated or driving under the influence with a blood
alcohol concentration level of 0.15 percent or greater
shall--

``(I) receive a driver's license suspension; and
``(II)(aa) be subject to an assessment by a certified
substance abuse official of the State that assesses the
degree of abuse of alcohol by the individual; and
``(bb) be assigned to a treatment program or impaired
driving education program, as determined by the assessment.

``(B) Covered individuals.--An individual referred to in
subparagraph (A)(i) is an individual who--
``(i) is convicted of a second or subsequent offense for
driving while intoxicated or driving under the influence
within a period of 10 consecutive years;
``(ii) is convicted of a driving-while-suspended offense,
if the suspension was the result of a conviction for driving
under the influence; or
``(iii) refuses a blood alcohol concentration test while
under arrest or investigation for involvement in a fatal or
serious injury crash.
``(4) License suspension.--The term `license suspension'
means, for a period of not less than 1 year--
``(A) the suspension of all driving privileges of an
individual for the duration of the suspension period; or
``(B) a combination of suspension of all driving privileges
of an individual for the first 45 days of the suspension
period, followed by reinstatement of limited driving
privileges requiring the individual to operate only motor
vehicles equipped with an ignition interlock system or other
device approved by the Secretary during the remainder of the
suspension period.
``(5) Motor vehicle.--
``(A) In general.--The term `motor vehicle' means a vehicle
driven or drawn by mechanical power and manufactured
primarily for use on public highways.
``(B) Exclusions.--The term `motor vehicle' does not
include--
``(i) a vehicle operated solely on a rail line; or
``(ii) a commercial vehicle.
``(b) Transfer of Funds.--
``(1) In general.--Except as provided in paragraph (2), on
October 1, 2008, and each October 1 thereafter, if a State
has not enacted or is not enforcing a higher-risk impaired
driver law, the Secretary shall transfer an amount equal to 3
percent of the funds apportioned to the State on that date
under paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used in
accordance with section 402(a)(3) only to carry out impaired
driving programs.
``(2) Nationwide traffic safety campaigns.--The Secretary
shall--
``(A) reserve 25 percent of the funds that would otherwise
be transferred to States for a fiscal year under paragraph
(1); and
``(B) use the reserved funds to make law enforcement
grants, in connection with nationwide traffic safety
campaigns, to be used in accordance with section
402(a)(3).''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 164 and inserting the
following:

``164. Increased penalties for higher-risk drivers driving while
intoxicated or driving under the influence.''.
______

SA 620. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 407, strike line 13 and insert the following:
(3)(A) that traverse at least 3 States;
(B) that are connected to a corridor that traverses at
least 3 States by--
(i) less than 215 miles; and
(ii) a single Interstate Route; or
(C) that--
(i) are less than 75 miles; and
(ii) connect to a corridor that is otherwise eligible under
this subsection; and
______

SA 621. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 18__. COMMUNITY ENHANCEMENT STUDY.

(a) In General.--The Secretary shall conduct a study on--
(1) the role of well-designed transportation projects in--
(A) promoting economic development;
(B) protecting public health, safety, and the environment;
and
(C) enhancing the architectural design and planning of
communities; and
(2) the positive economic, cultural, aesthetic, scenic,
architectural, and environmental benefits of those projects
for communities.
(b) Contents.--The study shall address--
(1) the degree to which well-designed transportation
projects--
(A) have positive economic, cultural, aesthetic, scenic,
architectural, and environmental benefits for communities;
(B) protect and contribute to improvements in public health
and safety; and
(C) use inclusive public participation processes to achieve
quicker, more certain, and better results;
(2) the degree to which positive results are achieved by
linking transportation, design, and the implementation of
community visions for the future; and
(3) methods of facilitating the use of successful models or
best practices in transportation investment or development to
accomplish--
(A) enhancement of community identity;
(B) protection of public health and safety;
(C) provision of a variety of choices in housing, shopping,
transportation, employment, and recreation;
(D) preservation and enhancement of existing
infrastructure; and
(E) creation of a greater sense of community through public
involvement.
(c) Administration.--
(1) In general.--To carry out this section, the Secretary
shall make a grant to, or enter into a cooperative agreement
or contract with, a national organization with expertise in
the design of a wide range of transportation and
infrastructure projects, including the design of buildings,
public facilities, and surrounding communities.
(2) Federal share.--Notwithstanding section 1221(e)(2) of
the Transportation Equity Act for the 21st Century (23 U.S.C.
101 note), the Federal share of the cost of the study under
this section shall be 100 percent.
(d) Report.--Not later than September 20, 2006, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the study under this section.
(e) Authorization.--Of the amounts made available to carry
out section 1221 of the Transportation Equity Act for the
21st Century (23 U.S.C. 101 note), $1,000,000 shall be
available for each of fiscal years 2005 and 2006 to carry out
this section.
______

SA 622. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC.__. COMPREHENSIVE COASTAL EVACUATION PLAN.

(a) In General.--The Secretary of Transportation and the
Secretary of Homeland Security (referred to in this section
as the ``Secretaries'') shall jointly develop a written
comprehensive plan for evacuation of the coastal areas of the
United States during any natural or man-made disaster that
affects coastal populations.
(b) Consultation.--In developing the comprehensive plan,
the Secretaries shall consult with Federal, State, and local
transportation and emergency management officials that have
been involved with disaster related evacuations.
(c) Contents.--The comprehensive plan shall--
(1) consider, on a region-by-region basis, the extent to
which coastal areas may be affected by a disaster; and
(2) address, at a minimum--
(A) all practical modes of transportation available for
evacuations;
(B) methods of communicating evacuation plans and preparing
citizens in advance of evacuations;

[[Page S4962]]

(C) methods of coordinating communication with evacuees
during plan execution;
(D) precise methods for mass evacuations caused by
disasters such as hurricanes, flash flooding, and tsunamis;
and
(E) recommended policies, strategies, programs, and
activities that could improve disaster-related evacuations.
(d) Report and Updates.--The Secretaries shall--
(1) not later than October 1, 2006, submit to Congress the
written comprehensive plan; and
(2) periodically thereafter, but not less often than every
5 years, update, and submit to Congress any revision to, the
plan.
______

SA 623. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 18__. FINISH PROGRAM.

(a) In General.--Subtitle I of chapter 1 of title 23,
United States Code (as amended by section 1409(a)), is
amended by adding at the end the following:

``Sec. 180. FINISH program

``(a) In General.--The Secretary shall establish and carry
out a program, to be known as the `FINISH program', under
which the Secretary shall apportion funds to States for use
in the acceleration and completion of coordinated planning,
design, and construction of internationally significant
highway projects, as determined by the Secretary.
``(b) Eligible Projects.--The Secretary shall apportion
funds under this section for highway projects described in
subsection (a) that are located on any of the high priority
corridors described in paragraphs (1) and (37), (18) and
(20), (23), (26), (38), or (44) of section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2032), as determined by the applicable State and
approved by the Secretary.
``(c) Apportionment.--For each of fiscal years 2005 through
2009, the Secretary shall apportion funds made available
under this section for the fiscal year to each State in the
proportion that, as determined by the applicable State and
approved by the Secretary--
``(1) the estimated amount that may be obligated for the
fiscal year for the completion of the eligible projects
described in subsection (b) in the State; bears to
``(2) the total estimated amount that may be obligated for
the fiscal year for the completion of eligible projects
described in subsection (b) in all States.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1409(b)), is amended by adding at the end the
following:

``180. FINISH program.''.
______

SA 624. Mr. MURRAY submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 18__. ALASKA WAY VIADUCT STUDY.

(a) Findings.--Congress finds that--
(1) in 2001, the Alaska Way Viaduct, a critical segment of
the National Highway System in Seattle, Washington, was
seriously damaged by the Nisqually earthquake;
(2) an effort to address the possible repair, retrofit, or
replacement of the Alaska Way Viaduct that conforms with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) is underway; and
(3) as a result of the efforts referred to in paragraph
(1), a locally preferred alternative for the Alaska Way
Viaduct is being developed.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Highway Administration.
(2) City.--The term ``City'' means the city of Seattle,
Washington.
(3) Earthquake.--The term ``earthquake'' means the
Nisqually earthquake of 2001.
(4) Fund.--The term ``Fund'' means the emergency fund
authorized under section 125 of title 23, United States Code.
(5) State.--The term ``State'' means the Washington State
Department of Transportation.
(6) Viaduct.--The term ``Viaduct'' means the Alaska Way
Viaduct.
(c) Study.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Administrator, in cooperation with
the State and the City, shall conduct a comprehensive study
to determine the specific damage to the Viaduct from the
earthquake that contribute to the ongoing degradation of the
Viaduct.
(2) Requirements.--The study under paragraph (1) shall--
(A) identify any repair, retrofit, and replacement costs
for the Viaduct that are eligible for additional assistance
from the Fund, consistent with the emergency relief manual
governing eligible expenses from the Fund; and
(B) determine the amount of assistance from the Fund for
which the Viaduct is eligible.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to
Congress a report that describes the findings of the study.
(d) Assistance From the Emergency Relief Program.--If the
study indicates that the Viaduct is eligible for assistance
from the Fund, the assistance shall be made available for the
Viaduct subject to the conditions that--
(1) the amount of assistance provided from the Fund shall
not exceed--
(A) 50 percent of the cost of a new comparable replacement
structure for the Viaduct; or
(B) if the study determines that repair or retrofit of the
Viaduct is feasible, 86.5 percent of the cost of repair or
retrofit of the Viaduct;
(2) for any single fiscal year, the amount of assistance
provided from the Fund shall not exceed $50,000,000;
(3) amounts made available from the Fund may be applied
toward the replacement costs of a new alternative structure
for the Viaduct, as provided for under existing Federal
Highway Administration regulations; and
(4) if amounts from the Fund are to be used toward the
replacement costs of a new alternative structure for the
Viaduct under paragraph (3)--
(A) the State and the City shall examine all available
capital financing opportunities available under Federal
guidelines, including--
(i) funding under subchapter II of chapter 1 of title 23,
United States Code;
(ii) funding through a State infrastructure bank;
(iii) user fees (including tolls);
(iv) design-build arrangements; and
(v) private financing;
(B) the State and the City shall explore cost-saving
opportunities that may be available by coordinating the
Viaduct replacement project and any seawall replacement
project for the City; and
(C) usual and reasonable finance costs incurred by the
State and the City shall, consistent with existing Federal
Highway Administration regulations, be considered to be
eligible expenditures under section 125 of title 23, United
States Code.
______

SA 625. Mr. LAUTENBERG (for himself and Mr. Dodd) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. __. UNIVERSAL HELMET SAFETY STANDARD FOR OPERATION OF
MOTORCYCLES.

Section 153 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``fiscal year--'' and
all that follows through ``(2) a law'' and inserting ``fiscal
year a law'';
(2) in subsection (f)--
(A) in paragraph (2), by striking ``fiscal year--'' and all
that follows through ``(B) had in effect at all times a State
law described in subsection (a)(2)'' and inserting ``fiscal
year had in effect at all times a State law described in
subsection (a)''; and
(B) in paragraph (3), by striking ``fiscal year--'' and all
that follows through ``(B) had in effect at all times a State
law described in subsection (a)(2)'' and inserting ``fiscal
year had in effect at all times a State law described in
subsection (a)'';
(3) in subsection (h)--
(A) in paragraph (1), by striking ``subsection (a)(2)'' and
inserting ``subsection (a)''; and
(B) in paragraph (2), by striking ``subsection (a)(2)'' and
inserting ``subsection (a)'';
(4) by redesignating subsections (i), (j), and (k) as
subsections (j), (k), and (l), respectively; and
(5) by inserting after subsection (h) the following:
``(i) Motorcycle Helmet Use Laws.--
``(1) Fiscal year 2009.--If, at any time in fiscal year
2008, a State does not have in effect and is not enforcing a
law that makes unlawful throughout the State the operation of
a motorcycle if any individual on the motorcycle is not
wearing a motorcycle helmet, the Secretary shall transfer 1.5
percent of the funds apportioned to the State for fiscal year
2009 under each of subsections (b)(1), (b)(3), and (b)(4) of
section 104 to the apportionment of the State under section
402.
``(2) Fiscal year 2010 and thereafter.--If, at any time in
fiscal year beginning after September 30, 2008, a State does
not have in effect and is not enforcing a law described in
paragraph (1), the Secretary shall transfer 3 percent of the
funds apportioned to the State for the succeeding fiscal year
under each of subsections (b)(1), (b)(3), and (b)(4) of
section 104 to the apportionment of the State under section
402.
``(3) Applicable provisions.--Paragraphs (3), (4), and (5)
of subsection (h) shall apply

[[Page S4963]]

to obligations transferred under this subsection.''.
______

SA 626. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 267, strike lines 1 through 14 and insert the
following:
(4) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(5) by inserting after subparagraph (C) the following:
``(D) Additional adjustment for pm 2.5 areas.--If, in
addition to being designated as a nonattainment or
maintenance area for ozone or carbon monoxide, or both as
described in section 149(b), any county within the area was
also designated under the PM-2.5 standard as a nonattainment
or maintenance area, the weighted nonattainment or
maintenance area population of those counties shall be
further multiplied by a factor of 1.2.
``(E) Use of funds for coarse particulate matter.--Nothing
in this paragraph precludes the use by a State of funds made
available under this paragraph to address air pollution
caused by coarse particulate matter (PM<inf>10</inf>).''.
______

SA 627. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of part I of subtitle B of title V, add the
following:

SEC. 5204. VOLUMETRIC EXCISE TAX CREDIT FOR ALTERNATIVE
FUELS.

(a) Imposition of Tax.--
(1) In general.--Section 4081(a)(2)(A) (relating to rates
of tax), as amended by section 5611 of this Act, is amended--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking the period at the end of clause (iii), and
(C) by adding at the end the following new clauses:
``(iv) in the case of liquefied petroleum gas and P Series
Fuels, 18.3 cents per gallon,
``(v) in the case of compressed natural gas and hydrogen,
18.3 cents per energy equivalent of a gallon of gasoline, and
``(vi) in the case of liquefied natural gas, any liquid
fuel derived from coal (including peat), and liquid
hydrocarbons derived from biomass (as defined in section
29(c)(3)), 24.3 cents per gallon.''.
(2) Treatment of alternative fuel as taxable fuel.--
(A) In general.--Section 4083(a)(1) (defining taxable fuel)
is amended--
(i) by striking ``and'' at the end of subparagraph (B),
(ii) by striking the period at the end of subparagraph (C)
and inserting ``, and'', and
(iii) by adding at the end the following new subparagraph:
``(D) alternative fuel.''.
(B) Definition.--Section 4083(a) is amended by adding at
the end the following new paragraph:
``(4) Alternative fuel.--The term `alternative fuel'
means--
``(A) compressed or liquefied natural gas,
``(B) liquefied petroleum gas,
``(C) P Series Fuels (as defined by the Secretary of Energy
under section 13211(2) of title 42, United States Code,
``(D) hydrogen,
``(E) any liquid fuel derived from coal (including peat),
and
``(F) liquid hydrocarbons derived from biomass (as defined
in section 29(c)(3)).''.
(3) Conforming amendments.--
(A) Section 4041(a), as amended by section 5101 of this
Act, is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Special motor fuels.--
``(A) In general.--There is hereby imposed a tax on any
alternative fuel (other than gas oil or fuel oil)--
``(i) sold by any person to an owner, lessee, or other
operator of a motor vehicle or motorboat for use as a fuel in
such motor vehicle or motorboat, or
``(ii) used by any person as a fuel in a motor vehicle or
motorboat unless there was a taxable sale of such fuel under
clause (i).
``(B) Exemption for previously taxed fuel.--No tax shall be
imposed by this paragraph on the sale or use of any
alternative fuel if tax was imposed on such alternative fuel
under section 4081 and the tax thereon was not credited or
refunded.
``(C) Rate of tax.--The rate of the tax imposed by this
paragraph shall be the rate of tax specified in clause (iv),
(v), or (vi) of section 4081(a)(2)(A) on the alternative fuel
which is in effect at the time of such sale or use.
``(D) Bus uses.--No tax shall be imposed by this paragraph
on any sale for use, or use, described in subparagraph (B) or
(C) of section 6427(b)(2) (relating to school bus and
intracity transportation).''.
(B) Section 4041(b)(2) is amended by striking ``2007'' both
places it appears and inserting ``2005''.
(C) Section 4041, as amended by section 5101 of this Act,
is amended by striking subsection (m).
(b) Credit for Alternative Fuel and Alternative Fuel
Mixtures.--
(1) In general.--Section 6426(a) (relating to allowance of
credits) is amended by striking ``plus'' at the end of
paragraph (1), by striking the period at the end of paragraph
(2) and by adding at the end the following new paragraphs:
``(3) the alternative fuel credit, plus
``(4) the alternative fuel mixture credit.''.
(2) Alternative fuel and alternative fuel mixture credit.--
Section 6426 (relating to credit for alcohol fuel and
biodiesel mixtures) is amended by redesignating subsections
(d) and (e) as subsections (f) and (g) and by inserting after
subsection (c) the following new subsection:
``(d) Alternative Fuel Credit.--
``(1) In general.--For purposes of this section, the
alternative fuel credit is the product of 50 cents and the
number of gallons of an alternative fuel or gasoline gallon
equivalents of a nonliquid alternative fuel sold by the
taxpayer for use as a motor fuel in a highway vehicle.
``(2) Alternative fuel.--For purposes of this section, the
term `alternative fuel' has the meaning given such term by
section 4083(a)(4), except such term does not include ethanol
or methanol.
``(3) Gasoline gallon equivalent.--For purposes of this
subsection, the term `gasoline gallon equivalent' means, with
respect to any nonliquid alternative fuel, the amount of such
fuel having a Btu content of 124,800 (higher heating value).
``(4) Termination.--This subsection shall not apply to any
sale, use, or removal for any period after December 31, 2010.
``(e) Alternative Fuel Mixture Credit.--
``(1) In general.--For purposes of this section, the
alternative fuel mixture credit is the product of 50 cents
and the number of gallons of alternative fuel used by the
taxpayer in producing any alternative fuel mixture for sale
or use in a trade or business of the taxpayer.
``(2) Alternative fuel mixture.--For purposes of this
section, the term `alternative fuel mixture' means a mixture
of alternative fuel and taxable fuel (as defined in
subparagraph (A), (B), or (C) of section 4083(a)(1)) which--
``(A) is sold by the taxpayer producing such mixture to any
person for use as fuel in a highway vehicle, or
``(B) is used as a fuel in a highway vehicle by the
taxpayer producing such mixture.
``(3) Termination.--This subsection shall not apply to any
sale, use, or removal for any period after December 31,
2010.''.
(3) Conforming amendments.--
(A) The section heading for section 6426 is amended by
striking ``ALCOHOL FUEL AND BIODIESEL'' and inserting
``CERTAIN ALTERNATIVE FUEL''.
(B) The table of sections for subchapter B of chapter 65 is
amended by striking ``ALCOHOL FUEL AND BIODIESEL'' in the
item relating to section 6426 and inserting ``certain
alternative fuel''.
(C) Section 6427(a) is amended by striking ``paragraph (2)
or (3) of section 4041(a) or section 4041(c)'' and inserting
``section 4041(a)(2) or 4041(c)''.
(D) Section 6427(e) is amended--
(i) by inserting ``or the alternative fuel mixture credit''
after ``biodiesel mixture credit'' in paragraph (1),
(ii) by inserting ``or alternative fuel'' after ``section
40A(d)(2))'' in paragraph (2),
(iii) by striking ``and'' at the end of paragraph (3)(A),
(iv) by striking the period at the end of paragraph (3)(B),
(v) by adding at the end of paragraph (3) the following new
subparagraph:
``(C) any alternative fuel or alternative fuel mixture (as
defined in section 6426 (d)(2) or (e)(3)) sold or used after
December 31, 2010.'', and
(vi) by striking ``or Biodiesel Used To Produce Alcohol
Fuel and Biodiesel Mixtures'' in the heading and inserting
``, Biodiesel, or Alternative Fuel''.
(c) Effective Date.--The amendments made by this section
shall apply to any sale, use, or removal for any period after
December 31, 2005.
______

SA 628. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 439, line 3, insert ``and the National Center for
Earthquake Engineering Research at the University of
Buffalo,'' after ``Reno,''.
______

SA 628. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

[[Page S4964]]

SEC. __. ROAD AND HIGHWAY GRADE SEPARATIONS.

(a) In General.--The Secretary shall carry out a program
under which the Secretary provides grants to States and units
of local government for use in constructing tunnels, bridges,
and other means of separating railroad tracks and roads.
(b) Priority.--In providing grants under this section, the
Secretary shall give priority to projects involving--
(1) separations of railroad tracks and roads that would
have the most impact on improving safety; and
(2) rail lines that have a high volume of goods movement.
(c) Regulations; Policies.--The Secretary shall promulgate
such regulations and establish such policies as are necessary
to carry out this section.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section for each of fiscal years 2005 through 2009.
______

SA 630. Mr. KENNEDY (for himself and Mr. Kerry) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 483, strike line 17 and insert the following:
``(i) Lesley University-Tufts University Joint
Transportation Center, Massachusetts.
______

SA 631. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1234, strike lines 8 and all that follows through
``prevent'' on page 1235, line 1, and insert the following
``(b) Notice and Approval.--The State shall serve written
notice to the Secretary or the Board, as the case may be, of
any proposed civil action under subsection (a). The notice
shall include a copy of the complaint to be filed, as well as
other such information as the Secretary may require in order
to evaluate the proposed action. Prior to initiating such
civil action, the State shall obtain the written approval of
the Secretary or the Board, as the case may be. Approval
shall only be granted if--
(1) the carrier or broker (as such terms are defined in
section 13102 of title 49, United States Code) is not
registered with the Department of Transportation; or
(2) the license of a carrier or broker is pending
revocation for failure to file proof of the required bodily
injury or cargo liability insurance or has been revoked for
any other reason by the Department of Transportation; or
(3) the carrier is not rated or has received a
conditional or unsatisfactory safety rating by the Department
of Transportation; or
(4) the carrier or broker has been licensed with the
Department of Transportation for less than five (5) years.
(c) Authority To Intervene.--Once approval has been
granted under subsection (b), nothing in this section shall
be construed to limit the independent authority of the
Secretary or Board to intervene and be heard on all matters
arising in civil action under subsection (a).
(d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall--
(1) convey a right to initiate or maintain class action
lawsuits to enforce Federal laws or regulations; or
(2) prevent
______

SA 632. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title V, add the following:

Subtitle G--United States Tax Court Modernization

SEC. 5700. SHORT TITLE.

This title may be cited as the ``United States Tax Court
Modernization Act''.

PART I--TAX COURT PROCEDURE

SEC. 5701. JURISDICTION OF TAX COURT OVER COLLECTION DUE
PROCESS CASES.

(a) In General.--Paragraph (1) of section 6330(d) (relating
to proceeding after hearing) is amended to read as follows:
``(1) Judicial review of determination.--The person may,
within 30 days of a determination under this section, appeal
such determination to the Tax Court (and the Tax Court shall
have jurisdiction with respect to such matter).''.
(b) Effective Date.--The amendment made by this section
shall apply to determinations made after the date which is 60
days after the date of the enactment of this Act.

SEC. 5702. AUTHORITY FOR SPECIAL TRIAL JUDGES TO HEAR AND
DECIDE CERTAIN EMPLOYMENT STATUS CASES.

(a) In General.--Section 7443A(b) (relating to proceedings
which may be assigned to special trial judges) is amended by
striking ``and'' at the end of paragraph (4), by
redesignating paragraph (5) as paragraph (6), and by
inserting after paragraph (4) the following new paragraph:
``(5) any proceeding under section 7436(c), and''.
(b) Conforming Amendment.--Section 7443A(c) is amended by
striking ``or (4)'' and inserting ``(4), or (5)''.
(c) Effective Date.--The amendments made by this section
shall apply to any proceeding under section 7436(c) of the
Internal Revenue Code of 1986 with respect to which a
decision has not become final (as determined under section
7481 of such Code) before the date of the enactment of this
Act.

SEC. 5703. CONFIRMATION OF AUTHORITY OF TAX COURT TO APPLY
DOCTRINE OF EQUITABLE RECOUPMENT.

(a) Confirmation of Authority of Tax Court To Apply
Doctrine of Equitable Recoupment.--Section 6214(b) (relating
to jurisdiction over other years and quarters) is amended by
adding at the end the following new sentence:
``Notwithstanding the preceding sentence, the Tax Court may
apply the doctrine of equitable recoupment to the same extent
that it is available in civil tax cases before the district
courts of the United States and the United States Court of
Federal Claims.''.
(b) Effective Date.--The amendment made by this section
shall apply to any action or proceeding in the United States
Tax Court with respect to which a decision has not become
final (as determined under section 7481 of the Internal
Revenue Code of 1986) as of the date of the enactment of this
Act.

SEC. 5704. TAX COURT FILING FEE IN ALL CASES COMMENCED BY
FILING PETITION.

(a) In General.--Section 7451 (relating to fee for filing a
Tax Court petition) is amended by striking all that follows
``petition'' and inserting a period.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 5705. AMENDMENTS TO APPOINT EMPLOYEES.

(a) In General.--Subsection (a) of section 7471 (relating
to Tax Court employees) is amended to read as follows:
``(a) Appointment and Compensation.--
``(1) Clerk.--The Tax Court may appoint a clerk without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service. The clerk
shall serve at the pleasure of the Tax Court.
``(2) Law clerks and secretaries.--
``(A) In general.--The judges and special trial judges of
the Tax Court may appoint law clerks and secretaries, in such
numbers as the Tax Court may approve, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service. Any such law clerk
or secretary shall serve at the pleasure of the appointing
judge.
``(B) Exemption from federal leave provisions.--A law clerk
appointed under this subsection shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, United
States Code. Any unused sick leave or annual leave standing
to the employee's credit as of the effective date of this
subsection shall remain credited to the employee and shall be
available to the employee upon separation from the Federal
Government.
``(3) Other employees.--The Tax Court may appoint necessary
employees without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service. Such employees shall be subject to removal by the
Tax Court.
``(4) Pay.--The Tax Court may fix and adjust the
compensation for the clerk and other employees of the Tax
Court without regard to the provisions of chapter 51,
subchapter III of chapter 53, or section 5373 of title 5,
United States Code. To the maximum extent feasible, the Tax
Court shall compensate employees at rates consistent with
those for employees holding comparable positions in the
judicial branch.
``(5) Programs.--The Tax Court may establish programs for
employee evaluations, incentive awards, flexible work
schedules, premium pay, and resolution of employee
grievances.
``(6) Discrimination prohibited.--The Tax Court shall--
``(A) prohibit discrimination on the basis of race, color,
religion, age, sex, national origin, political affiliation,
marital status, or handicapping condition; and
``(B) promulgate procedures for resolving complaints of
discrimination by employees and applicants for employment.
``(7) Experts and consultants.--The Tax Court may procure
the services of experts and consultants under section 3109 of
title 5, United States Code.
``(8) Rights to certain appeals reserved.--Notwithstanding
any other provision of law, an individual who is an employee
of the Tax Court on the day before the effective date of this
subsection and who, as of that day, was entitled to--
``(A) appeal a reduction in grade or removal to the Merit
Systems Protection

[[Page S4965]]

Board under chapter 43 of title 5, United States Code,
``(B) appeal an adverse action to the Merit Systems
Protection Board under chapter 75 of title 5, United States
Code,
``(C) appeal a prohibited personnel practice described
under section 2302(b) of title 5, United States Code, to the
Merit Systems Protection Board under chapter 77 of that
title,
``(D) make an allegation of a prohibited personnel practice
described under section 2302(b) of title 5, United States
Code, with the Office of Special Counsel under chapter 12 of
that title for action in accordance with that chapter, or
``(E) file an appeal with the Equal Employment Opportunity
Commission under part 1614 of title 29 of the Code of Federal
Regulations,

shall be entitled to file such appeal or make such an
allegation so long as the individual remains an employee of
the Tax Court.
``(9) Competitive status.--Notwithstanding any other
provision of law, any employee of the Tax Court who has
completed at least 1 year of continuous service under a non-
temporary appointment with the Tax Court acquires a
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
``(10) Merit system principles; prohibited personnel
practices; and preference eligibles.--Any personnel
management system of the Tax Court shall--
``(A) include the principles set forth in section 2301(b)
of title 5, United States Code;
``(B) prohibit personnel practices prohibited under section
2302(b) of title 5, United States Code; and
``(C) in the case of any individual who would be a
preference eligible in the executive branch, the Tax Court
will provide preference for that individual in a manner and
to an extent consistent with preference accorded to
preference eligibles in the executive branch.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date the United States Tax Court
adopts a personnel management system after the date of the
enactment of this Act.

SEC. 5706. EXPANDED USE OF TAX COURT PRACTICE FEE FOR PRO SE
TAXPAYERS.

(a) In General.--Section 7475(b) (relating to use of fees)
is amended by inserting before the period at the end ``and to
provide services to pro se taxpayers''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

PART II--TAX COURT PENSION AND COMPENSATION

SEC. 5711. ANNUITIES FOR SURVIVORS OF TAX COURT JUDGES WHO
ARE ASSASSINATED.

(a) Eligibility in Case of Death by Assassination.--
Subsection (h) of section 7448 (relating to annuities to
surviving spouses and dependent children of judges) is
amended to read as follows:
``(h) Entitlement to Annuity.--
``(1) In general.--
``(A) Annuity to surviving spouse.--If a judge described in
paragraph (2) is survived by a surviving spouse but not by a
dependent child, there shall be paid to such surviving spouse
an annuity beginning with the day of the death of the judge
or following the surviving spouse's attainment of the age of
50 years, whichever is the later, in an amount computed as
provided in subsection (m).
``(B) Annuity to child.--If such a judge is survived by a
surviving spouse and a dependent child or children, there
shall be paid to such surviving spouse an immediate annuity
in an amount computed as provided in subsection (m), and
there shall also be paid to or on behalf of each such child
an immediate annuity equal to the lesser of--
``(i) 10 percent of the average annual salary of such judge
(determined in accordance with subsection (m)), or
``(ii) 20 percent of such average annual salary, divided by
the number of such children.
``(C) Annuity to surviving dependent children.--If such a
judge leaves no surviving spouse but leaves a surviving
dependent child or children, there shall be paid to or on
behalf of each such child an immediate annuity equal to the
lesser of--
``(i) 20 percent of the average annual salary of such judge
(determined in accordance with subsection (m)), or
``(ii) 40 percent of such average annual salary, divided by
the number of such children.
``(2) Covered judges.--Paragraph (1) applies to any judge
electing under subsection (b)--
``(A) who dies while a judge after having rendered at least
5 years of civilian service computed as prescribed in
subsection (n), for the last 5 years of which the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made or the
salary deductions required by the civil service retirement
laws have actually been made, or
``(B) who dies by assassination after having rendered less
than 5 years of civilian service computed as prescribed in
subsection (n) if, for the period of such service, the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made.
``(3) Termination of annuity.--
``(A) In the case of a surviving spouse.--The annuity
payable to a surviving spouse under this subsection shall be
terminable upon such surviving spouse's death or such
surviving spouse's remarriage before attaining age 55.
``(B) In the case of a child.--The annuity payable to a
child under this subsection shall be terminable upon (i) the
child attaining the age of 18 years, (ii) the child's
marriage, or (iii) the child's death, whichever first occurs,
except that if such child is incapable of self-support by
reason of mental or physical disability the child's annuity
shall be terminable only upon death, marriage, or recovery
from such disability.
``(C) In the case of a dependent child after death of
surviving spouse.--In case of the death of a surviving spouse
of a judge leaving a dependent child or children of the judge
surviving such spouse, the annuity of such child or children
shall be recomputed and paid as provided in paragraph (1)(C).
``(D) Recomputation.--In any case in which the annuity of a
dependent child is terminated under this subsection, the
annuities of any remaining dependent child or children, based
upon the service of the same judge, shall be recomputed and
paid as though the child whose annuity was so terminated had
not survived such judge.
``(4) Special rule for assassinated judges.--In the case of
a survivor or survivors of a judge described in paragraph
(2)(B), there shall be deducted from the annuities otherwise
payable under this section an amount equal to--
``(A) the amount of salary deductions provided for by
subsection (c)(1) that would have been made if such
deductions had been made for 5 years of civilian service
computed as prescribed in subsection (n) before the judge's
death, reduced by
``(B) the amount of such salary deductions that were
actually made before the date of the judge's death.''.
(b) Definition of Assassination.--Section 7448(a) (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(8) The terms `assassinated' and `assassination' mean the
killing of a judge that is motivated by the performance by
that judge of his or her official duties.''.
(c) Determination of Assassination.--Subsection (i) of
section 7448 is amended--
(1) by striking the subsection heading and inserting the
following:
``(i) Determinations by Chief Judge.--
``(1) Dependency and disability.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Assassination.--The chief judge shall determine
whether the killing of a judge was an assassination, subject
to review only by the Tax Court. The head of any Federal
agency that investigates the killing of a judge shall provide
information to the chief judge that would assist the chief
judge in making such a determination.''.
(d) Computation of Annuities.--Subsection (m) of section
7448 is amended--
(1) by striking the subsection heading and inserting the
following:
``(m) Computation of Annuities.--
``(1) In general.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Assassinated judges.--In the case of a judge who is
assassinated and who has served less than 3 years, the
annuity of the surviving spouse of such judge shall be based
upon the average annual salary received by such judge for
judicial service.''.
(e) Other Benefits.--Section 7448 is amended by adding at
the end the following:
``(u) Other Benefits.--In the case of a judge who is
assassinated, an annuity shall be paid under this section
notwithstanding a survivor's eligibility for or receipt of
benefits under chapter 81 of title 5, United States Code,
except that the annuity for which a surviving spouse is
eligible under this section shall be reduced to the extent
that the total benefits paid under this section and chapter
81 of that title for any year would exceed the current salary
for that year of the office of the judge.''.

SEC. 5712. COST-OF-LIVING ADJUSTMENTS FOR TAX COURT JUDICIAL
SURVIVOR ANNUITIES.

(a) In General.--Subsection (s) of section 7448 (relating
to annuities to surviving spouses and dependent children of
judges) is amended to read as follows:
``(s) Increases in Survivor Annuities.--Each time that an
increase is made under section 8340(b) of title 5, United
States Code, in annuities payable under subchapter III of
chapter 83 of that title, each annuity payable from the
survivors annuity fund under this section shall be increased
at the same time by the same percentage by which annuities
are increased under such section 8340(b).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to increases made under section
8340(b) of title 5, United States Code, in annuities payable
under subchapter III of chapter 83 of that title, taking
effect after the date of the enactment of this Act.

SEC. 5713. LIFE INSURANCE COVERAGE FOR TAX COURT JUDGES.

(a) In General.--Section 7447 (relating to retirement of
judges) is amended by adding at the end the following new
subsection:
``(j) Life Insurance Coverage.--For purposes of chapter 87
of title 5, United States Code (relating to life insurance),
any individual who is serving as a judge of the Tax Court or
who is retired under this section is deemed to be an employee
who is continuing in active employment.''.

[[Page S4966]]

(b) Effective Date.--The amendment made by this section
shall apply to any individual serving as a judge of the
United States Tax Court and to any retired judge of the
United States Tax Court on or after the date of the enactment
of this Act.

SEC. 5714. COST OF LIFE INSURANCE COVERAGE FOR TAX COURT
JUDGES AGE 65 OR OVER.

Section 7472 (relating to expenditures) is amended by
inserting after the first sentence the following new
sentence: ``Notwithstanding any other provision of law, the
Tax Court is authorized to pay on behalf of its judges, age
65 or over, any increase in the cost of Federal Employees'
Group Life Insurance imposed after April 24, 1999, including
any expenses generated by such payments, as authorized by the
chief judge in a manner consistent with such payments
authorized by the Judicial Conference of the United States
pursuant to section 604(a)(5) of title 28, United States
Code.''.

SEC. 5715. MODIFICATION OF TIMING OF LUMP-SUM PAYMENT OF
JUDGES' ACCRUED ANNUAL LEAVE.

(a) In General.--Section 7443 (relating to membership of
the Tax Court) is amended by adding at the end the following
new subsection:
``(h) Lump-Sum Payment of Judges' Accrued Annual Leave.--
Notwithstanding the provisions of sections 5551 and 6301 of
title 5, United States Code, when an individual subject to
the leave system provided in chapter 63 of that title is
appointed by the President to be a judge of the Tax Court,
the individual shall be entitled to receive, upon appointment
to the Tax Court, a lump-sum payment from the Tax Court of
the accumulated and accrued current annual leave standing to
the individual's credit as certified by the agency from which
the individual resigned.''.
(b) Effective Date.--The amendment made by this section
shall apply to any judge of the United States Tax Court who
has an outstanding leave balance on the date of the enactment
of this Act and to any individual appointed by the President
to serve as a judge of the United States Tax Court after such
date.

SEC. 5716. PARTICIPATION OF TAX COURT JUDGES IN THE THRIFT
SAVINGS PLAN.

(a) In General.--Section 7447 (relating to retirement of
judges), as amended by this Act, is amended by adding at the
end the following new subsection:
``(k) Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--A judge of the Tax Court may elect to
contribute to the Thrift Savings Fund established by section
8437 of title 5, United States Code.
``(B) Period of election.--An election may be made under
this paragraph as provided under section 8432(b) of title 5,
United States Code, for individuals subject to chapter 84 of
such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided in this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United
States Code, shall apply with respect to a judge who makes an
election under paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed by a
judge to the Thrift Savings Fund in any pay period shall not
exceed the maximum percentage of such judge's basic pay for
such period as allowable under section 8440f of title 5,
United States Code. Basic pay does not include any retired
pay paid pursuant to this section.
``(B) Contributions for benefit of judge.--No contributions
may be made for the benefit of a judge under section 8432(c)
of title 5, United States Code.
``(C) Applicability of section 8433(b) of title 5 whether
or not judge retires.--Section 8433(b) of title 5, United
States Code, applies with respect to a judge who makes an
election under paragraph (1) and who either--
``(i) retires under subsection (b), or
``(ii) ceases to serve as a judge of the Tax Court but does
not retire under subsection (b).

Retirement under subsection (b) is a separation from service
for purposes of subchapters III and VII of chapter 84 of that
title.
``(D) Applicability of section 8351(b)(5) of title 5.--The
provisions of section 8351(b)(5) of title 5, United States
Code, shall apply with respect to a judge who makes an
election under paragraph (1).
``(E) Exception.--Notwithstanding subparagraph (C), if any
judge retires under this section, or resigns without having
met the age and service requirements set forth under
subsection (b)(2), and such judge's nonforfeitable account
balance is less than an amount that the Executive Director of
the Office of Personnel Management prescribes by regulation,
the Executive Director shall pay the nonforfeitable account
balance to the participant in a single payment.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 5717. EXEMPTION OF TEACHING COMPENSATION OF RETIRED
JUDGES FROM LIMITATION ON OUTSIDE EARNED
INCOME.

(a) In General.--Section 7447 (relating to retirement of
judges), as amended by this Act, is amended by adding at the
end the following new subsection:
``(l) Teaching Compensation of Retired Judges.--For
purposes of the limitation under section 501(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.), any compensation
for teaching approved under section 502(a)(5) of such Act
shall not be treated as outside earned income when received
by a judge of the Tax Court who has retired under subsection
(b) for teaching performed during any calendar year for which
such a judge has met the requirements of subsection (c), as
certified by the chief judge of the Tax Court.''.
(b) Effective Date.--The amendment made by this section
shall apply to any individual serving as a retired judge of
the United States Tax Court on or after the date of the
enactment of this Act.

SEC. 5718. GENERAL PROVISIONS RELATING TO MAGISTRATE JUDGES
OF THE TAX COURT.

(a) Title of Special Trial Judge Changed to Magistrate
Judge of the Tax Court.--The heading of section 7443A is
amended to read as follows:

``SEC. 7443A. MAGISTRATE JUDGES OF THE TAX COURT.''.

(b) Appointment, Tenure, and Removal.--Subsection (a) of
section 7443A is amended to read as follows:
``(a) Appointment, Tenure, and Removal.--
``(1) Appointment.--The chief judge may, from time to time,
appoint and reappoint magistrate judges of the Tax Court for
a term of 8 years. The magistrate judges of the Tax Court
shall proceed under such rules as may be promulgated by the
Tax Court.
``(2) Removal.--Removal of a magistrate judge of the Tax
Court during the term for which he or she is appointed shall
be only for incompetency, misconduct, neglect of duty, or
physical or mental disability, but the office of a magistrate
judge of the Tax Court shall be terminated if the judges of
the Tax Court determine that the services performed by the
magistrate judge of the Tax Court are no longer needed.
Removal shall not occur unless a majority of all the judges
of the Tax Court concur in the order of removal. Before any
order of removal shall be entered, a full specification of
the charges shall be furnished to the magistrate judge of the
Tax Court, and he or she shall be accorded by the judges of
the Tax Court an opportunity to be heard on the charges.''.
(c) Salary.--Section 7443A(d) (relating to salary) is
amended by striking ``90'' and inserting ``92''.
(d) Exemption From Federal Leave Provisions.--Section 7443A
is amended by adding at the end the following new subsection:
``(f) Exemption From Federal Leave Provisions.--
``(1) In general.--A magistrate judge of the Tax Court
appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, United
States Code.
``(2) Treatment of unused leave.--
``(A) After service as magistrate judge.--If an individual
who is exempted under paragraph (1) from the subchapter
referred to in such paragraph was previously subject to such
subchapter and, without a break in service, again becomes
subject to such subchapter on completion of the
individual's service as a magistrate judge, the unused
annual leave and sick leave standing to the individual's
credit when such individual was exempted from this
subchapter is deemed to have remained to the individual's
credit.
``(B) Computation of annuity.--In computing an annuity
under section 8339 of title 5, United States Code, the total
service of an individual specified in subparagraph (A) who
retires on an immediate annuity or dies leaving a survivor or
survivors entitled to an annuity includes, without regard to
the limitations imposed by subsection (f) of such section
8339, the days of unused sick leave standing to the
individual's credit when such individual was exempted from
subchapter I of chapter 63 of title 5, United States Code,
except that these days will not be counted in determining
average pay or annuity eligibility.
``(C) Lump sum payment.--Any accumulated and current
accrued annual leave or vacation balances credited to a
magistrate judge as of the date of the enactment of this
subsection shall be paid in a lump sum at the time of
separation from service pursuant to the provisions and
restrictions set forth in section 5551 of title 5, United
States Code, and related provisions referred to in such
section.''.
(e) Conforming Amendments.--
(1) The heading of subsection (b) of section 7443A is
amended by striking ``Special Trial Judges'' and inserting
``Magistrate Judges of the Tax Court''.
(2) Section 7443A(b) is amended by striking ``special trial
judges of the court'' and inserting ``magistrate judges of
the Tax Court''.
(3) Subsections (c) and (d) of section 7443A are amended by
striking ``special trial judge'' and inserting ``magistrate
judge of the Tax Court'' each place it appears.
(4) Section 7443A(e) is amended by striking ``special trial
judges'' and inserting ``magistrate judges of the Tax
Court''.
(5) Section 7456(a) is amended by striking ``special trial
judge'' each place it appears and inserting ``magistrate
judge''.
(6) Subsection (c) of section 7471 is amended--
(A) by striking the subsection heading and inserting
``Magistrate Judges of the Tax Court.--'', and
(B) by striking ``special trial judges'' and inserting
``magistrate judges''.

[[Page S4967]]

SEC. 5719. ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT
CHILDREN OF MAGISTRATE JUDGES OF THE TAX COURT.

(a) Definitions.--Section 7448(a) (relating to
definitions), as amended by this Act, is amended by
redesignating paragraphs (5), (6), (7), and (8) as paragraphs
(7), (8), (9), and (10), respectively, and by inserting after
paragraph (4) the following new paragraphs:
``(5) The term `magistrate judge' means a judicial officer
appointed pursuant to section 7443A, including any individual
receiving an annuity under section 7443B, or chapters 83 or
84, as the case may be, of title 5, United States Code,
whether or not performing judicial duties under section
7443C.
``(6) The term `magistrate judge's salary' means the salary
of a magistrate judge received under section 7443A(d), any
amount received as an annuity under section 7443B, or
chapters 83 or 84, as the case may be, of title 5, United
States Code, and compensation received under section
7443C.''.
(b) Election.--Subsection (b) of section 7448 (relating to
annuities to surviving spouses and dependent children of
judges) is amended--
(1) by striking the subsection heading and inserting the
following:
``(b) Election.--
``(1) Judges.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Magistrate judges.--Any magistrate judge may by
written election filed with the chief judge bring himself or
herself within the purview of this section. Such election
shall be filed not later than the later of 6 months after--
``(A) 6 months after the date of the enactment of this
paragraph,
``(B) the date the judge takes office, or
``(C) the date the judge marries.''.
(c) Conforming Amendments.--
(1) The heading of section 7448 is amended by inserting
``AND MAGISTRATE JUDGES'' after ``JUDGES''.
(2) The item relating to section 7448 in the table of
sections for part I of subchapter C of chapter 76 is amended
by inserting ``and magistrate judges'' after ``judges''.
(3) Subsections (c)(1), (d), (f), (g), (h), (j), (m), (n),
and (u) of section 7448, as amended by this Act, are each
amended--
(A) by inserting ``or magistrate judge'' after ``judge''
each place it appears other than in the phrase ``chief
judge'', and
(B) by inserting ``or magistrate judge's'' after
``judge's'' each place it appears.
(4) Section 7448(c) is amended--
(A) in paragraph (1), by striking ``Tax Court judges'' and
inserting ``Tax Court judicial officers'',
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and section
7443A(d)'' after ``(a)(4)'', and
(ii) in subparagraph (B), by striking ``subsection (a)(4)''
and inserting ``subsections (a)(4) and (a)(6)''.
(5) Section 7448(g) is amended by inserting ``or section
7443B'' after ``section 7447'' each place it appears, and by
inserting ``or an annuity'' after ``retired pay''.
(6) Section 7448(j)(1) is amended--
(A) in subparagraph (A), by striking ``service or retired''
and inserting ``service, retired'', and by inserting ``, or
receiving any annuity under section 7443B or chapters 83 or
84 of title 5, United States Code,'' after ``section 7447'',
and
(B) in the last sentence, by striking ``subsections (a)(6)
and (7)'' and inserting ``paragraphs (8) and (9) of
subsection (a)''.
(7) Section 7448(m)(1), as amended by this Act, is
amended--
(A) by inserting ``or any annuity under section 7443B or
chapters 83 or 84 of title 5, United States Code'' after
``7447(d)'', and
(B) by inserting ``or 7443B(m)(1)(B) after ``7447(f)(4)''.
(8) Section 7448(n) is amended by inserting ``his years of
service pursuant to any appointment under section 7443A,''
after ``of the Tax Court,''.
(9) Section 3121(b)(5)(E) is amended by inserting ``or
magistrate judge'' before ``of the United States Tax Court''.
(10) Section 210(a)(5)(E) of the Social Security Act is
amended by inserting ``or magistrate judge'' before ``of the
United States Tax Court''.

SEC. 5720. RETIREMENT AND ANNUITY PROGRAM.

(a) Retirement and Annuity Program.--Part I of subchapter C
of chapter 76 is amended by inserting after section 7443A the
following new section:

``SEC. 7443B. RETIREMENT FOR MAGISTRATE JUDGES OF THE TAX
COURT.

``(a) Retirement Based on Years of Service.--A magistrate
judge of the Tax Court to whom this section applies and who
retires from office after attaining the age of 65 years and
serving at least 14 years, whether continuously or otherwise,
as such magistrate judge shall, subject to subsection (f), be
entitled to receive, during the remainder of the magistrate
judge's lifetime, an annuity equal to the salary being
received at the time the magistrate judge leaves office.
``(b) Retirement Upon Failure of Reappointment.--A
magistrate judge of the Tax Court to whom this section
applies who is not reappointed following the expiration of
the term of office of such magistrate judge, and who retires
upon the completion of the term shall, subject to subsection
(f), be entitled to receive, upon attaining the age of 65
years and during the remainder of such magistrate judge's
lifetime, an annuity equal to that portion of the salary
being received at the time the magistrate judge leaves office
which the aggregate number of years of service, not to exceed
14, bears to 14, if--
``(1) such magistrate judge has served at least 1 full term
as a magistrate judge, and
``(2) not earlier than 9 months before the date on which
the term of office of such magistrate judge expires, and not
later than 6 months before such date, such magistrate judge
notified the chief judge of the Tax Court in writing that
such magistrate judge was willing to accept reappointment to
the position in which such magistrate judge was serving.
``(c) Service of at Least 8 Years.--A magistrate judge of
the Tax Court to whom this section applies and who retires
after serving at least 8 years, whether continuously or
otherwise, as such a magistrate judge shall, subject to
subsection (f), be entitled to receive, upon attaining the
age of 65 years and during the remainder of the magistrate
judge's lifetime, an annuity equal to that portion of the
salary being received at the time the magistrate judge leaves
office which the aggregate number of years of service, not to
exceed 14, bears to 14. Such annuity shall be reduced by \1/
6\ of 1 percent for each full month such magistrate judge was
under the age of 65 at the time the magistrate judge left
office, except that such reduction shall not exceed 20
percent.
``(d) Retirement for Disability.--A magistrate judge of the
Tax Court to whom this section applies, who has served at
least 5 years, whether continuously or otherwise, as such a
magistrate judge, and who retires or is removed from office
upon the sole ground of mental or physical disability shall,
subject to subsection (f), be entitled to receive, during the
remainder of the magistrate judge's lifetime, an annuity
equal to 40 percent of the salary being received at the time
of retirement or removal or, in the case of a magistrate
judge who has served for at least 10 years, an amount equal
to that proportion of the salary being received at the time
of retirement or removal which the aggregate number of years
of service, not to exceed 14, bears to 14.
``(e) Cost-of-Living Adjustments.--A magistrate judge of
the Tax Court who is entitled to an annuity under this
section is also entitled to a cost-of-living adjustment in
such annuity, calculated and payable in the same manner as
adjustments under section 8340(b) of title 5, United States
Code, except that any such annuity, as increased under this
subsection, may not exceed the salary then payable for the
position from which the magistrate judge retired or was
removed.
``(f) Election; Annuity in Lieu of Other Annuities.--
``(1) In general.--A magistrate judge of the Tax Court
shall be entitled to an annuity under this section if the
magistrate judge elects an annuity under this section by
notifying the chief judge of the Tax Court not later than the
later of--
``(A) 5 years after the magistrate judge of the Tax Court
begins judicial service, or
``(B) 5 years after the date of the enactment of this
subsection.

Such notice shall be given in accordance with procedures
prescribed by the Tax Court.
``(2) Annuity in lieu of other annuity.--A magistrate judge
who elects to receive an annuity under this section shall not
be entitled to receive--
``(A) any annuity to which such magistrate judge would
otherwise have been entitled under subchapter III of chapter
83, or under chapter 84 (except for subchapters III and VII),
of title 5, United States Code, for service performed as a
magistrate or otherwise,
``(B) an annuity or salary in senior status or retirement
under section 371 or 372 of title 28, United States Code,
``(C) retired pay under section 7447, or
``(D) retired pay under section 7296 of title 38, United
States Code.
``(3) Coordination with title 5.--A magistrate judge of the
Tax Court who elects to receive an annuity under this
section--
``(A) shall not be subject to deductions and contributions
otherwise required by section 8334(a) of title 5, United
States Code,
``(B) shall be excluded from the operation of chapter 84
(other than subchapters III and VII) of such title 5, and
``(C) is entitled to a lump-sum credit under section
8342(a) or 8424 of such title 5, as the case may be.
``(g) Calculation of Service.--For purposes of calculating
an annuity under this section--
``(1) service as a magistrate judge of the Tax Court to
whom this section applies may be credited, and
``(2) each month of service shall be credited as \1/12\ of
a year, and the fractional part of any month shall not be
credited.
``(h) Covered Positions and Service.--This section applies
to any magistrate judge of the Tax Court or special trial
judge of the Tax Court appointed under this subchapter, but
only with respect to service as such a magistrate judge or
special trial judge after a date not earlier than 9\1/2\
years before the date of the enactment of this subsection.
``(i) Payments Pursuant to Court Order.--
``(1) In general.--Payments under this section which would
otherwise be made to a magistrate judge of the Tax Court
based upon his or her service shall be paid (in whole or in
part) by the chief judge of the

[[Page S4968]]

Tax Court to another person if and to the extent expressly
provided for in the terms of any court decree of divorce,
annulment, or legal separation, or the terms of any court
order or court-approved property settlement agreement
incident to any court decree of divorce, annulment, or legal
separation. Any payment under this paragraph to a person bars
recovery by any other person.
``(2) Requirements for payment.--Paragraph (1) shall apply
only to payments made by the chief judge of the Tax Court
after the date of receipt by the chief judge of written
notice of such decree, order, or agreement, and such
additional information as the chief judge may prescribe.
``(3) Court defined.--For purposes of this subsection, the
term `court' means any court of any State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Northern
Mariana Islands, or the Virgin Islands, and any Indian tribal
court or courts of Indian offense.
``(j) Deductions, Contributions, and Deposits.--
``(1) Deductions.--Beginning with the next pay period after
the chief judge of the Tax Court receives a notice under
subsection (f) that a magistrate judge of the Tax Court has
elected an annuity under this section, the chief judge shall
deduct and withhold 1 percent of the salary of such
magistrate judge. Amounts shall be so deducted and withheld
in a manner determined by the chief judge. Amounts deducted
and withheld under this subsection shall be deposited in the
Treasury of the United States to the credit of the Tax Court
Judicial Officers' Retirement Fund. Deductions under this
subsection from the salary of a magistrate judge shall
terminate upon the retirement of the magistrate judge or upon
completion of 14 years of service for which contributions
under this section have been made, whether continuously or
otherwise, as calculated under subsection (g), whichever
occurs first.
``(2) Consent to deductions; discharge of claims.--Each
magistrate judge of the Tax Court who makes an election under
subsection (f) shall be deemed to consent and agree to the
deductions from salary which are made under paragraph (1).
Payment of such salary less such deductions (and any
deductions made under section 7448) is a full and complete
discharge and acquittance of all claims and demands for all
services rendered by such magistrate judge during the period
covered by such payment, except the right to those benefits
to which the magistrate judge is entitled under this section
(and section 7448).
``(k) Deposits for Prior Service.--Each magistrate judge of
the Tax Court who makes an election under subsection (f) may
deposit, for service performed before such election for which
contributions may be made under this section, an amount equal
to 1 percent of the salary received for that service. Credit
for any period covered by that service may not be allowed for
purposes of an annuity under this section until a deposit
under this subsection has been made for that period.
``(l) Individual Retirement Records.--The amounts deducted
and withheld under subsection (j), and the amounts deposited
under subsection (k), shall be credited to individual
accounts in the name of each magistrate judge of the Tax
Court from whom such amounts are received, for credit to the
Tax Court Judicial Officers' Retirement Fund.
``(m) Annuities Affected in Certain Cases.--
``(1) 1-year forfeiture for failure to perform judicial
duties.--Subject to paragraph (3), any magistrate judge of
the Tax Court who retires under this section and who fails to
perform judicial duties required of such individual by
section 7443C shall forfeit all rights to an annuity under
this section for a 1-year period which begins on the 1st day
on which such individual fails to perform such duties.
``(2) Permanent forfeiture of retired pay where certain
non-government services performed.--Subject to paragraph (3),
any magistrate judge of the Tax Court who retires under this
section and who thereafter performs (or supervises or directs
the performance of) legal or accounting services in the field
of Federal taxation for the individual's client, the
individual's employer, or any of such employer's clients,
shall forfeit all rights to an annuity under this section
for all periods beginning on or after the first day on
which the individual performs (or supervises or directs
the performance of) such services. The preceding sentence
shall not apply to any civil office or employment under
the Government of the United States.
``(3) Forfeitures not to apply where individual elects to
freeze amount of annuity.--
``(A) In general.--If a magistrate judge of the Tax Court
makes an election under this paragraph--
``(i) paragraphs (1) and (2) (and section 7443C) shall not
apply to such magistrate judge beginning on the date such
election takes effect, and
``(ii) the annuity payable under this section to such
magistrate judge, for periods beginning on or after the date
such election takes effect, shall be equal to the annuity to
which such magistrate judge is entitled on the day before
such effective date.
``(B) Election requirements.--An election under
subparagraph (A)--
``(i) may be made by a magistrate judge of the Tax Court
eligible for retirement under this section, and
``(ii) shall be filed with the chief judge of the Tax
Court.

Such an election, once it takes effect, shall be irrevocable.
``(C) Effective date of election.--Any election under
subparagraph (A) shall take effect on the first day of the
first month following the month in which the election is
made.
``(4) Accepting other employment.--Any magistrate judge of
the Tax Court who retires under this section and thereafter
accepts compensation for civil office or employment under the
United States Government (other than for the performance of
functions as a magistrate judge of the Tax Court under
section 7443C) shall forfeit all rights to an annuity under
this section for the period for which such compensation is
received. For purposes of this paragraph, the term
`compensation' includes retired pay or salary received in
retired status.
``(n) Lump-Sum Payments.--
``(1) Eligibility.--
``(A) In general.--Subject to paragraph (2), an individual
who serves as a magistrate judge of the Tax Court and--
``(i) who leaves office and is not reappointed as a
magistrate judge of the Tax Court for at least 31 consecutive
days,
``(ii) who files an application with the chief judge of the
Tax Court for payment of a lump-sum credit,
``(iii) is not serving as a magistrate judge of the Tax
Court at the time of filing of the application, and
``(iv) will not become eligible to receive an annuity under
this section within 31 days after filing the application,

is entitled to be paid the lump-sum credit. Payment of the
lump-sum credit voids all rights to an annuity under this
section based on the service on which the lump-sum credit is
based, until that individual resumes office as a magistrate
judge of the Tax Court.
``(B) Payment to survivors.--Lump-sum benefits authorized
by subparagraphs (C), (D), and (E) of this paragraph shall be
paid to the person or persons surviving the magistrate judge
of the Tax Court and alive on the date title to the payment
arises, in the order of precedence set forth in subsection
(o) of section 376 of title 28, United States Code, and in
accordance with the last 2 sentences of paragraph (1) of that
subsection. For purposes of the preceding sentence, the term
`judicial official' as used in subsection (o) of such section
376 shall be deemed to mean `magistrate judge of the Tax
Court' and the terms `Administrative Office of the United
States Courts' and `Director of the Administrative Office of
the United States Courts' shall be deemed to mean `chief
judge of the Tax Court'.
``(C) Payment upon death of judge before receipt of
annuity.--If a magistrate judge of the Tax Court dies before
receiving an annuity under this section, the lump-sum credit
shall be paid.
``(D) Payment of annuity remainder.--If all annuity rights
under this section based on the service of a deceased
magistrate judge of the Tax Court terminate before the total
annuity paid equals the lump-sum credit, the difference shall
be paid.
``(E) Payment upon death of judge during receipt of
annuity.--If a magistrate judge of the Tax Court who is
receiving an annuity under this section dies, any accrued
annuity benefits remaining unpaid shall be paid.
``(F) Payment upon termination.--Any accrued annuity
benefits remaining unpaid on the termination, except by
death, of the annuity of a magistrate judge of the Tax Court
shall be paid to that individual.
``(G) Payment upon accepting other employment.--Subject to
paragraph (2), a magistrate judge of the Tax Court who
forfeits rights to an annuity under subsection (m)(4) before
the total annuity paid equals the lump-sum credit shall be
entitled to be paid the difference if the magistrate judge of
the Tax Court files an application with the chief judge of
the Tax Court for payment of that difference. A payment under
this subparagraph voids all rights to an annuity on which the
payment is based.
``(2) Spouses and former spouses.--
``(A) In general.--Payment of the lump-sum credit under
paragraph (1)(A) or a payment under paragraph (1)(G)--
``(i) may be made only if any current spouse and any former
spouse of the magistrate judge of the Tax Court are notified
of the magistrate judge's application, and
``(ii) shall be subject to the terms of a court decree of
divorce, annulment, or legal separation, or any court or
court approved property settlement agreement incident to such
decree, if--

``(I) the decree, order, or agreement expressly relates to
any portion of the lump-sum credit or other payment involved,
and
``(II) payment of the lump-sum credit or other payment
would extinguish entitlement of the magistrate judge's spouse
or former spouse to any portion of an annuity under
subsection (i).

``(B) Notification.--Notification of a spouse or former
spouse under this paragraph shall be made in accordance with
such procedures as the chief judge of the Tax Court shall
prescribe. The chief judge may provide under such procedures
that subparagraph (A)(i) may be waived with respect to a
spouse or former spouse if the magistrate judge establishes
to the satisfaction of the chief judge that the whereabouts
of such spouse or former spouse cannot be determined.

[[Page S4969]]

``(C) Resolution of 2 or more orders.--The chief judge
shall prescribe procedures under which this paragraph shall
be applied in any case in which the chief judge receives 2 or
more orders or decrees described in subparagraph (A).
``(3) Definition.--For purposes of this subsection, the
term `lump-sum credit' means the unrefunded amount consisting
of--
``(A) retirement deductions made under this section from
the salary of a magistrate judge of the Tax Court,
``(B) amounts deposited under subsection (k) by a
magistrate judge of the Tax Court covering earlier service,
and
``(C) interest on the deductions and deposits which, for
any calendar year, shall be equal to the overall average
yield to the Tax Court Judicial Officers' Retirement Fund
during the preceding fiscal year from all obligations
purchased by the Secretary during such fiscal year under
subsection (o); but does not include interest--
``(i) if the service covered thereby aggregates 1 year or
less, or
``(ii) for the fractional part of a month in the total
service.
``(o) Tax Court Judicial Officers' Retirement Fund.--
``(1) Establishment.--There is established in the Treasury
a fund which shall be known as the `Tax Court Judicial
Officers' Retirement Fund'. Amounts in the Fund are
authorized to be appropriated for the payment of annuities,
refunds, and other payments under this section.
``(2) Investment of fund.--The Secretary shall invest, in
interest bearing securities of the United States, such
currently available portions of the Tax Court Judicial
Officers' Retirement Fund as are not immediately required for
payments from the Fund. The income derived from these
investments constitutes a part of the Fund.
``(3) Unfunded liability.--
``(A) In general.--There are authorized to be appropriated
to the Tax Court Judicial Officers' Retirement Fund amounts
required to reduce to zero the unfunded liability of the
Fund.
``(B) Unfunded liability.--For purposes of subparagraph
(A), the term `unfunded liability' means the estimated
excess, determined on an annual basis in accordance with the
provisions of section 9503 of title 31, United States Code,
of the present value of all benefits payable from the Tax
Court Judicial Officers' Retirement Fund over the sum of--
``(i) the present value of deductions to be withheld under
this section from the future basic pay of magistrate judges
of the Tax Court, plus
``(ii) the balance in the Fund as of the date the unfunded
liability is determined.
``(p) Participation in Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--A magistrate judge of the Tax Court who
elects to receive an annuity under this section or under
section 5721 of the United States Tax Court Modernization Act
may elect to contribute an amount of such individual's basic
pay to the Thrift Savings Fund established by section 8437 of
title 5, United States Code.
``(B) Period of election.--An election may be made under
this paragraph as provided under section 8432(b) of title 5,
United States Code, for individuals subject to chapter 84 of
such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided in this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United
States Code, shall apply with respect to a magistrate judge
who makes an election under paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed by a
magistrate judge to the Thrift Savings Fund in any pay period
shall not exceed the maximum percentage of such judge's basic
pay for such pay period as allowable under section 8440f of
title 5, United States Code.
``(B) Contributions for benefit of judge.--No contributions
may be made for the benefit of a magistrate judge under
section 8432(c) of title 5, United States Code.
``(C) Applicability of section 8433(b) of title 5.--Section
8433(b) of title 5, United States Code, applies with respect
to a magistrate judge who makes an election under paragraph
(1) and--
``(i) who retires entitled to an immediate annuity under
this section (including a disability annuity under subsection
(d) of this section) or section 5721 of the United States Tax
Court Modernization Act,
``(ii) who retires before attaining age 65 but is entitled,
upon attaining age 65, to an annuity under this section or
section 5721 of the United States Tax Court Modernization
Act, or
``(iii) who retires before becoming entitled to an
immediate annuity, or an annuity upon attaining age 65, under
this section or section 5721 of the United States Tax Court
Modernization Act.
``(D) Separation from service.--With respect to a
magistrate judge to whom this subsection applies, retirement
under this section or section 5721 of the United States Tax
Court Modernization Act is a separation from service for
purposes of subchapters III and VII of chapter 84 of title 5,
United States Code.
``(4) Definitions.--For purposes of this subsection, the
terms `retirement' and `retire' include removal from office
under section 7443A(a)(2) on the sole ground of mental or
physical disability.
``(5) Offset.--In the case of a magistrate judge who
receives a distribution from the Thrift Savings Fund and who
later receives an annuity under this section, that annuity
shall be offset by an amount equal to the amount which
represents the Government's contribution to that person's
Thrift Savings Account, without regard to earnings
attributable to that amount. Where such an offset would
exceed 50 percent of the annuity to be received in the first
year, the offset may be divided equally over the first 2
years in which that person receives the annuity.
``(6) Exception.--Notwithstanding clauses (i) and (ii) of
paragraph (3)(C), if any magistrate judge retires under
circumstances making such magistrate judge eligible to make
an election under subsection (b) of section 8433 of title 5,
United States Code, and such magistrate judge's
nonforfeitable account balance is less than an amount that
the Executive Director of the Office of Personnel Management
prescribes by regulation, the Executive Director shall pay
the nonforfeitable account balance to the participant in a
single payment.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter C of chapter 76 is amended by inserting after
the item relating to section 7443A the following new item:

``Sec. 7443B. Retirement for magistrate judges of the Tax Court.''.

SEC. 5721. INCUMBENT MAGISTRATE JUDGES OF THE TAX COURT.

(a) Retirement Annuity Under Title 5 and Section 7443B of
the Internal Revenue Code of 1986.--A magistrate judge of the
United States Tax Court in active service on the date of the
enactment of this Act shall, subject to subsection (b), be
entitled, in lieu of the annuity otherwise provided under the
amendments made by this part, to--
(1) an annuity under subchapter III of chapter 83, or under
chapter 84 (except for subchapters III and VII), of title 5,
United States Code, as the case may be, for creditable
service before the date on which service would begin to be
credited for purposes of paragraph (2), and
(2) an annuity calculated under subsection (b) or (c) and
subsection (g) of section 7443B of the Internal Revenue Code
of 1986, as added by this Act, for any service as a
magistrate judge of the United States Tax Court or special
trial judge of the United States Tax Court but only with
respect to service as such a magistrate judge or special
trial judge after a date not earlier than 9\1/2\ years prior
to the date of the enactment of this Act (as specified in the
election pursuant to subsection (b)) for which deductions and
deposits are made under subsections (j) and (k) of such
section 7443B, as applicable, without regard to the minimum
number of years of service as such a magistrate judge of the
United States Tax Court, except that--
(A) in the case of a magistrate judge who retired with less
than 8 years of service, the annuity under subsection (c) of
such section 7443B shall be equal to that proportion of the
salary being received at the time the magistrate judge leaves
office which the years of service bears to 14, subject to a
reduction in accordance with subsection (c) of such
section 7443B if the magistrate judge is under age 65 at
the time he or she leaves office, and
(B) the aggregate amount of the annuity initially payable
on retirement under this subsection may not exceed the rate
of pay for the magistrate judge which is in effect on the day
before the retirement becomes effective.
(b) Filing of Notice of Election.--A magistrate judge of
the United States Tax Court shall be entitled to an annuity
under this section only if the magistrate judge files a
notice of that election with the chief judge of the United
States Tax Court specifying the date on which service would
begin to be credited under section 7443B of the Internal
Revenue Code of 1986, as added by this Act, in lieu of
chapter 83 or chapter 84 of title 5, United States Code. Such
notice shall be filed in accordance with such procedures as
the chief judge of the United States Tax Court shall
prescribe.
(c) Lump-Sum Credit Under Title 5.--A magistrate judge of
the United States Tax Court who makes an election under
subsection (b) shall be entitled to a lump-sum credit under
section 8342 or 8424 of title 5, United States Code, as the
case may be, for any service which is covered under section
7443B of the Internal Revenue Code of 1986, as added by this
Act, pursuant to that election, and with respect to which any
contributions were made by the magistrate judge under the
applicable provisions of title 5, United States Code.
(d) Recall.--With respect to any magistrate judge of the
United States Tax Court receiving an annuity under this
section who is recalled to serve under section 7443C of the
Internal Revenue Code of 1986, as added by this Act--
(1) the amount of compensation which such recalled
magistrate judge receives under such section 7443C shall be
calculated on the basis of the annuity received under this
section, and
(2) such recalled magistrate judge of the United States Tax
Court may serve as a reemployed annuitant to the extent
otherwise permitted under title 5, United States Code.

Section 7443B(m)(4) of the Internal Revenue Code of 1986, as
added by this Act, shall not apply with respect to service as
a reemployed annuitant described in paragraph (2).

[[Page S4970]]

SEC. 5722. PROVISIONS FOR RECALL.

(a) In General.--Part I of subchapter C of chapter 76, as
amended by this Act, is amended by inserting after section
7443B the following new section:

``SEC. 7443C. RECALL OF MAGISTRATE JUDGES OF THE TAX COURT.

``(a) Recalling of Retired Magistrate Judges.--Any
individual who has retired pursuant to section 7443B or the
applicable provisions of title 5, United States Code, upon
reaching the age and service requirements established
therein, may at or after retirement be called upon by the
chief judge of the Tax Court to perform such judicial duties
with the Tax Court as may be requested of such individual for
any period or periods specified by the chief judge; except
that in the case of any such individual--
``(1) the aggregate of such periods in any 1 calendar year
shall not (without such individual's consent) exceed 90
calendar days, and
``(2) such individual shall be relieved of performing such
duties during any period in which illness or disability
precludes the performance of such duties.

Any act, or failure to act, by an individual performing
judicial duties pursuant to this subsection shall have the
same force and effect as if it were the act (or failure to
act) of a magistrate judge of the Tax Court.
``(b) Compensation.--For the year in which a period of
recall occurs, the magistrate judge shall receive, in
addition to the annuity provided under the provisions of
section 7443B or under the applicable provisions of title 5,
United States Code, an amount equal to the difference between
that annuity and the current salary of the office to which
the magistrate judge is recalled. The annuity of the
magistrate judge who completes that period of service, who is
not recalled in a subsequent year, and who retired under
section 7443B, shall be equal to the salary in effect at the
end of the year in which the period of recall occurred for
the office from which such individual retired.
``(c) Rulemaking Authority.--The provisions of this section
may be implemented under such rules as may be promulgated by
the Tax Court.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter C of chapter 76, as amended by this Act, is
amended by inserting after the item relating to section 7443B
the following new item:

``Sec. 7443C. Recall of magistrate judges of the Tax Court.''.

SEC. 5723. EFFECTIVE DATE.

Except as otherwise provided, the amendments made by this
part shall take effect on the date of the enactment of this
Act.
______

SA 633. Mrs. FEINSTEIN submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 263, between lines 21 and 22, insert the following:
(d) San Joaquin Valley Pilot Truck Toll Program.--
(1) In general.--The Secretary may establish toll
facilities in the San Joaquin Valley, California, to test the
effectiveness of imposing certain tolls on trucks to abate
air pollution in an extreme nonattainment area.
(2) Conditions.--The toll shall be established only if the
State of California determines, and the Secretary agrees,
that in an extreme nonattainment area, including on a State
highway that is regularly used for interstate commerce and is
used as alternative route to an interstate highway, a toll
would bring about substantial abatement of air pollution from
interstate commerce. In making a determination with respect
to the abatement, the Secretary may consider alternative
collection methods, such as using interstate truck weighing
stations to assess variable fees and taking into account the
amount of emissions generated.
(3) Definitions.--In this subsection, the term ``truck''
has the meaning given that term under California law on the
date of enactment of this Act.
(4) Limitation.--Tolls under this subsection shall only
apply to trucks with a gross vehicle weight rating of 14,000
pounds or more.
______

SA 634. Mr. DAYTON (for himself, Mr. Lugar, Mr. Durbin, Mr. Coleman,
Mr. Harkin, Mr. Bingaman, and Mr. Salazar) submitted an amendment
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to
the bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle F of title I, insert the following:

SEC. 1623. IDENTIFICATION OF CERTAIN ALTERNATIVE FUELED
VEHICLES.

(a) In General.--Section 32908 of title 49, United States
Code, is amended--
(1) by redesignating subsections (e) and (f) as subsection
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Identification of Certain Alternative Fueled
Vehicles.--A manufacturer shall affix, or have affixed, to
each dual fueled automobile manufactured by the manufacturer
(including each light duty truck) that may be operated on the
alternative fuel described in section 32901(a)(1)(D)--
``(1) a permanent label inside the automobile's fuel door
compartment that--
``(A) meets the requirements of the regulations prescribed
by the Administrator for such label; and
``(B) states that the automobile may be operated on the
alternative fuel described in section 32901(a)(1)(D) and
identifies such alternative fuel; and
``(2) a temporary label to the window or windshield of the
automobile that--
``(A) meets the requirements of the regulations prescribed
by the Administrator for such label; and
``(B) identifies the automobile as capable of operating on
such alternative fuel.''.
(b) Regulations.--Not later than March 1, 2006, the
Administrator of the Environmental Protection Agency shall
promulgate regulations--
(1) for the label referred to in paragraph (1) of section
32908(e) of title 49, United States Code, as amended by
subsection (a), that describe--
(A) the language that shall be set out on the label,
including a statement that the vehicle is capable of
operating on a mixture of 85 percent ethanol blended with
gasoline; and
(B) the appropriate size and color of the font of such
language so that it is conspicuous to the individual
introducing fuel into the vehicle; and
(2) for the temporary window or windshield label referred
to in paragraph (2) of such section 32908(e), that--
(A) prohibit the label from being removed by any seller
prior to the final sale of the vehicle to a consumer; and
(B) describe the specifications of the label, including
that the label shall be--
(i) prominently displayed and conspicuous on the vehicle;
and
(ii) separate from any other window or windshield sticker,
decal, or label.
(c) Compliance.--
(1) In general.--A manufacturer shall be required to comply
with the requirements of section 32908(e) of title 49, United
State Code, as amended by subsection (a), for a vehicle that
is manufactured for a model year after model year 2006.
(2) Model year defined.--In this subsection, the term
``model year'' shall have the meaning given such term in
section 32901(a) of such title.
(d) Violations.--
(1) In general.--Section 32908(f) of title 49, United
States Code, as redesignated by subsection (a), is amended by
inserting ``or (e)'' after ``subsection (b)''.
(2) Conforming amendment.--Section 32911(a) of such title
is amended by inserting ``32908(e),'' after ``32908(b),''.
______

SA 635. Mr. BYRD submitted an amendment intended to be proposed by
him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. TAX CREDIT FOR RURAL COMMUTERS.

(a) In General.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25B the following new section:

``SEC. 25C. RURAL COMMUTER CREDIT.

``(a) Allowance of Credit.--In the case of an eligible
commuter, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal
to $500.
``(b) Eligible Commuter.--For purposes of this section:
``(1) In general.--The term `eligible commuter' means an
individual who, during the taxable year--
``(A) resides in an eligible State,
``(B) drives an average of more than 250 miles per week for
purposes of commuting to and from any location related to the
employment of such individual, and
``(C) has an adjusted gross income of less than--
``(i) in the case of a joint return, $100,000,
``(ii) in the case of a head of household return, $75,000,
and
``(iii) in any other case, $50,000.
``(2) Eligible state.--
``(A) In general.--The term `eligible State' means any
State with respect to which--
``(i) the percentage of the population residing in urban
areas is less than the national average,
``(ii) the disposable personal income per capita is less
than 114 percent of the national average, and
``(iii) the use of public transportation by the population
for the purpose of commuting to and from work is less than
the national average.
``(B) Determination of eligible states.--The Secretary
shall determine which States are eligible States under
subparagraph (A) based on the most recent data available from
the Bureau of the Census.
``(3) State.--The term `State' means the 50 States of the
United States.
``(c) Termination.--This section shall not apply to any
taxpayer for any taxable year beginning after December 31,
2005.''.

[[Page S4971]]

(b) Conforming Amendment.--The table of section for subpart
A of part IV of the Internal Revenue Code of 1986 is amended
by inserting after the item relating to section 25B the
following new item:

``Sec. 25C. Rural commuter credit.''.

(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2004.
______

SA 636. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. __. US-95 PROJECT, LAS VEGAS, NEVADA.

(a) In General.--Notwithstanding any other provision of
law, the project identified as the preferred alternative in
the document entitled ``US-95 Project in Las Vegas, Nevada'',
as approved by the Federal Highway Administration on November
18, 1999, and selected in the record of decision dated
January 28, 2000, shall be considered to meet all
requirements of section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and
any related laws with respect to the determination contained
in the record of decision.
(b) Authorization.--The State of Nevada may continue
construction of the project described in subsection (a) to
completion.
______

SA 637. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

In title VI, on page 5, line 4, strike ``a semicolon'' and
insert `` `or 20 percent of such recipient's annual formula
apportionment under sections 5307 and 5311 in the case where
the service is acquired by contract;' ''.
______

SA 638. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 276, line 9, insert `` (including intercity
passenger rail when used for the purpose of a daily
commute)'' after ``transit ridership''.
______

SA 639. Mr. LAUTENBERG submitted an amendment intended to be proposed
by him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE      --SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

SEC. --001. SHORT TITLE.

This title may be cited as the ``Safe Highways and
Infrastructure Preservation Act''.

SEC. --002. OPERATION OF RESTRICTED PROPERTY-CARRYING UNITS
ON NATIONAL HIGHWAY SYSTEM.

(a) Restricted Property-Carrying Unit Defined.--Section
31111(a)(1) of title 49, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Restricted property-carrying unit.--The term
`restricted property-carrying unit' means any trailer, semi-
trailer, container, or other property-carrying unit that is
longer than 53 feet.''.
(b) Prohibition on Operation of Restricted Property-
Carrying Units.--
(1) In general.--Section 31111(b)(1)(C) of title 49, United
States Code, is amended to read as follows:
``(C) allows operation on any segment of the National
Highway System, including the Interstate System, of a
restricted property-carrying unit unless the operation is
specified on the list published under subsection (h);''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 270 days after the date of enactment of
this Act.
(c) Limitations.--Section 31111 of title 49, United States
Code, is amended by adding at the end the following:
``(h) Restricted Property-Carrying Units.--
``(1) Applicability of prohibition.--
``(A) In general.--Notwithstanding subsection (b)(1)(C), a
restricted property-carrying unit may continue to operate on
a segment of the National Highway System if the operation of
such unit is specified on the list published under paragraph
(2).
``(B) Applicability of state laws and regulations.--All
operations specified on the list published under paragraph
(2) shall continue to be subject to all State statutes,
regulations, limitations and conditions, including routing-
specific, commodity-specific, and configuration-specific
designations and all other restrictions, in force on June 1,
2005.
``(C) Fire-fighting units.--Subsection (b)(1)(C) shall not
apply to the operation of a restricted property-carrying unit
that is used exclusively for fire-fighting.
``(2) Listing of restricted property-carrying units.--
``(A) In general.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of restricted property-
carrying units that were authorized by State officials
pursuant to State statute or regulation on June 1, 2005, and
in actual and lawful operation on a regular or periodic basis
(including seasonal operations) on or before June 1, 2005.
``(B) Limitation.--A restricted property-carrying unit may
not be included on the list published under subparagraph (A)
on the basis that a State law or regulation could have
authorized the operation of the unit at some prior date by
permit or otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of restricted property-carrying units described
in subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (C) as necessary to reflect new
designations made to the National Highway System.
``(3) Applicability of prohibition.--The prohibition
established by subsection (b)(1)(C) shall apply to any new
designation made to the National Highway System and remain in
effect on those portions of the National Highway System that
cease to be designated as part of the National Highway
System.
``(4) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting
in any manner or prohibiting the operation of a restricted
property-carrying unit if the restrictions or prohibitions
are consistent with the requirements of this section and
sections 31112 through 31114.''.
(d) Enforcement.--The second sentence of section 141(a) of
title 23, United States Code, is amended by striking
``section 31112'' and inserting ``sections 31111 and 31112''.

SEC. --003. OPERATION OF LONGER COMBINATION VEHICLES ON
NATIONAL HIGHWAY SYSTEM.

(a) In General.--Section 31112 of title 49, United States
Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) National Highway System.--
``(1) General rule.--A State may not allow, on a segment of
the National Highway System that is not covered under
subsection (b) or (c), the operation of a commercial motor
vehicle combination (except a vehicle or load that cannot be
dismantled easily or divided easily and that has been issued
a special permit under applicable State law) with more than
one property-carrying unit (not including the truck tractor)
whose property-carrying units are more than--
``(A) the maximum combination trailer, semitrailer, or
other type of length limitation allowed by law or regulation
of that State on June 1, 2005, or
``(B) the length of the property-carrying units of those
commercial motor vehicle combinations, by specific
configuration, in actual and lawful operation on a regular or
periodic basis (including continuing seasonal operation) in
that State on or before June 1, 2005.
``(2) Additional limitations.--
``(A) Applicability of state restrictions.--A commercial
motor vehicle combination whose operation in a State is not
prohibited under paragraph (1) may continue to operate in the
State on highways described in paragraph (1) only in
compliance with all State laws, regulations, limitations, and
conditions, including routing-specific and configuration-
specific designations and all other restrictions in force in
the State on June 1, 2005. However, subject to regulations
prescribed by the Secretary under subsection (h), the State
may make minor adjustments of a temporary and emergency
nature to route designations and vehicle operating
restrictions in effect on June 1, 2005, for specific safety
purposes and road construction.
``(B) Additional state restrictions.--This subsection does
not prevent a State from further restricting in any manner or
prohibiting the operation of a commercial motor vehicle
combination subject to this section if the restrictions or
prohibitions are consistent with this section and sections
31113(a), 31113(b), and 31114.
``(C) Minor adjustments.--A State making a minor adjustment
of a temporary and emergency nature as authorized by
subparagraph (A) or further restricting or prohibiting the
operation of a commercial motor vehicle combination as
authorized by subparagraph (B) shall advise the Secretary not
later than 30 days after the action. The Secretary shall
publish a notice of the action in the Federal Register.
``(3) List of state length limitations.--
``(A) State submissions.--Not later than 60 days after the
date of enactment of the Safe Highways and Infrastructure
Preservation

[[Page S4972]]

Act, each State shall submit to the Secretary for publication
a complete list of State length limitations applicable to
commercial motor vehicle combinations operating in the State
on the highways described in paragraph (1). The list shall
indicate the applicable State laws and regulations associated
with the length limitations. If a State does not submit the
information as required, the Secretary shall complete and
file the information for the State.
``(B) Publication of interim list.--Not later than 90 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
an interim list in the Federal Register consisting of all
information submitted under subparagraph (A). The Secretary
shall review for accuracy all information submitted by a
State under subparagraph (A) and shall solicit and consider
public comment on the accuracy of the information.
``(C) Limitation.--A law or regulation may not be included
on the list submitted by a State or published by the
Secretary merely because it authorized, or could have
authorized, by permit or otherwise, the operation of
commercial motor vehicle combinations not in actual operation
on a regular or periodic basis on or before June 1, 2005.
``(D) Publication of final list.--Except as revised under
this subparagraph or subparagraph (E), the list shall be
published as final in the Federal Register not later than 270
days after the date of enactment of the Safe Highways and
Infrastructure Preservation Act. In publishing the final
list, the Secretary shall make any revisions necessary to
correct inaccuracies identified under subparagraph (B). After
publication of the final list, commercial motor vehicle
combinations prohibited under paragraph (1) may not operate
on a highway described in paragraph (1) except as published
on the list.
``(E) Inaccuracies.--On the Secretary's own motion or on
request by any person (including a State), the Secretary
shall review the list published under subparagraph (D). If
the Secretary decides there is reason to believe a mistake
was made in the accuracy of the list, the Secretary shall
begin a proceeding to decide whether a mistake was made. If
the Secretary decides there was a mistake, the Secretary
shall publish the correction.''.
(b) Conforming Amendments.--Section 31112 of title 49,
United States Code, is amended--
(1) by inserting ``126(e) or'' before ``127(d)'' in
paragraph (1) of subsection (g) (as redesignated by
subsection (a) of this section);
(2) by inserting ``(or June 1, 2005, with respect to
highways described in subsection (f)(1))'' after ``June 2,
1991'' in paragraph (3) of subsection (g) (as redesignated by
subsection (a) of this section);
(3) by striking ``Not later than June 15, 1992, the
Secretary'' and inserting ``The Secretary''; and
(4) by inserting ``or (f)'' after ``subsection (d)'' in
paragraph (2) of subsection (h) (as redesignated by
subsection (a) of this section).

SEC. --004. TERMINATION OF DETERMINATIONS OF GRANDFATHER
RIGHTS.

(a) In General.--Section 127 of title 23, United States
Code, is amended by adding at the end the following:
``(h) Grandfather Rights.--
``(1) General rule.--After the 270th day following the date
of enactment of the Safe Highways and Infrastructure
Preservation Act, a State may not allow, on a segment of the
Interstate System, the operation of a vehicle or combination
(other than a longer combination vehicle) exceeding an
Interstate weight limit unless the operation is specified on
the list published under paragraph (2).
``(2) List of vehicles and combinations.--
``(A) Proceeding.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of vehicles and combinations
(other than longer combination vehicles), otherwise exceeding
an Interstate weight limit, that the Department of
Transportation, any other Federal agency, or a State has
determined on or before June 1, 2005, could be lawfully
operated within such State--
``(i) on July 1, 1956;
``(ii) in the case of the overall gross weight of any group
of 2 or more consecutive axles, on the date of enactment of
the Federal-Aid Highway Amendments of 1974; or
``(iii) under a special rule applicable to a State under
subsection (a).
``(B) Limitations.--
``(i) Actual and lawful operations required.--An operation
of a vehicle or combination may be included on the list
published under subparagraph (A) only if the vehicle or
combination was in actual and lawful operation in the State
on a regular or periodic basis on or before June 1, 2005.
``(ii) State authority not sufficient.--An operation of a
vehicle or combination may not be included on the list
published under subparagraph (A) on the basis that a State
law or regulation could have authorized the operation of the
vehicle or combination at some prior date by permit or
otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of vehicles and combinations described in
subparagraph (A).
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from reducing the gross
vehicle weight limitation, the single and tandem axle weight
limitations, or the overall maximum gross weight on a group
of 2 or more consecutive axles applicable to portions of the
Interstate System in the State for operations on the list
published under paragraph (2)(C) as long as no such reduction
results in a limitation that is less than an Interstate
weight limit.
``(4) Applicability of existing requirements.--All vehicles
and combinations included on the list published under
paragraph (2) shall be subject to all routing-specific,
commodity-specific, and weight-specific designations in force
in a State on June 1, 2005.
``(5) Interstate weight limit defined.--In this subsection,
the term `Interstate weight limit' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle
weight limitation (including enforcement tolerances), the
34,000 pound tandem axle weight limitation (including
enforcement tolerances), and the overall maximum gross weight
(including enforcement tolerances) on a group of 2 or more
consecutive axles produced by application of the formula in
subsection (a).''.
(b) Conforming Amendment.--The fourth sentence of section
127(a) of title 23, United States Code, is amended by
striking ``the State determines''.

SEC. --005. NONDIVISIBLE LOAD PROCEEDING.

Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(i) Nondivisible Loads.--
``(1) Proceeding.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to define the term `vehicles and loads which cannot be easily
dismantled or divided' as used in subsection (a) and section
31112 of title 49.
``(2) List of commodities.--
``(A) In general.--The definition developed under paragraph
(1) shall include a list of commodities (or classes or types
of commodities) that do not qualify as nondivisible loads.
``(B) Limitation.--The list of commodities developed under
paragraph (1) shall not be interpreted to be a comprehensive
list of commodities that do not qualify as nondivisible
loads.
``(3) Regulations.--Not later than 270 days after the date
of enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall issue final regulations
setting forth the determination of the Secretary made under
paragraph (1). The Secretary shall update the regulations as
necessary.
``(4) Applicability.--Regulations issued under paragraph
(2) shall apply to all vehicles and loads operating on the
National Highway System.
``(5) State requirements.--A State may establish any
requirement that is not inconsistent with regulations issued
under paragraph (2).
``(6) Statement of policy.--The purpose of this subsection
is to promote conformity with Interstate weight limits to
preserve publicly funded infrastructure and protect motorists
by limiting maximum vehicle weight on key portions of the
Federal-aid highway system.''.

SEC. --006. WAIVERS OF WEIGHT LIMITATIONS DURING PERIODS OF
NATIONAL EMERGENCY.

Section 127 of title 23, United States Code, is further
amended by adding at the end the following:
``(j) Waivers During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section or section 126, the Secretary, in consultation
with the Secretary of Defense or Secretary of Homeland
Security, may waive or limit the application of any vehicle
weight limit established under this section or section 126
with respect to a highway route during a period of national
emergency in order to respond to the effects of the national
emergency.
``(2) Applicability.--Emergency limits established under
paragraph (1) shall preempt any inconsistent State vehicle
weight limits.''.

SEC. --007. VEHICLE WEIGHT LIMITATIONS--NATIONAL HIGHWAY
SYSTEM.

(a) In General.--Title 23, United States Code, is amended
by inserting after section 125 the following:

``Sec. 126. Vehicle weight limitations--National Highway
System

``(a) Non-Interstate Highways on NHS.--
``(1) In general.--After the 270th day after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, any Interstate weight limit that applies to
vehicles and combinations (other than longer combination
vehicles) operating on the Interstate System in a State under
section 127 shall also apply to vehicles and combinations
(other than longer combination vehicles) operating on non-
Interstate segments of the National Highway System in such
State, unless such segments are subject to lower State weight
limits as provided for in subsection (d).
``(2) Existing highways.--
``(A) In general.--Notwithstanding paragraph (1), in the
case of a non-Interstate segment of the National Highway
System that is open to traffic on June 1, 2005, a State may
allow the operation of any vehicle or combination (other than
a longer combination vehicle) on such segment that the
Secretary determines under subsection (b) could be

[[Page S4973]]

lawfully operated on such segment on June 1, 2005.
``(B) Applicability of state laws and regulations.--All
operations described in subparagraph (A) shall continue to be
subject to all State statutes, regulations, limitations and
conditions, including routing-specific, commodity-specific,
and configuration-specific designations and all other
restrictions, in force on June 1, 2005.
``(3) New highways.--Subject to subsection (d)(1), the
gross vehicle weight limitations and axle loading limitations
applicable to all vehicles and combinations (other than
longer combination vehicles) on a non-Interstate segment of
the National Highway System that is not open to traffic on
June 1, 2005, shall be the Interstate weight limit.
``(b) Listing of Vehicles and Combinations.--
``(1) In general.--The Secretary shall initiate a
proceeding to determine and publish a list of vehicles and
combinations (other than longer combination vehicles),
otherwise exceeding an Interstate weight limit, that could be
lawfully operated on a non-Interstate segment of the National
Highway System on June 1, 2005.
``(2)  Requirements.--In publishing a list of vehicles and
combinations under paragraph (1), the Secretary shall
identify--
``(A) the gross vehicle weight limitations and axle loading
limitations in each State applicable, on June 1, 2005, to
vehicles and combinations (other than longer combination
vehicles) on non-Interstate segments of the National Highway
System; and
``(B) operations of vehicles and combinations (other than
longer combination vehicles), exceeding State gross vehicle
weight limitations and axle loading limitations identified
under subparagraph (A), which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) on June 1, 2005.
``(3) Limitation.--An operation of a vehicle or combination
may not be included on the list published under paragraph (1)
on the basis that a State law or regulation could have
authorized such operation at some prior date by permit or
otherwise.
``(4) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of vehicles and combinations described in
paragraph (1).
``(5) Updates.--The Secretary shall update the list
published under paragraph (1) as necessary to reflect new
designations made to the National Highway System.
``(c) Applicability of Limitations.--The limitations
established by subsection (a) shall apply to any new
designation made to the National Highway System and remain in
effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
``(d) Limitations on Statutory Construction.--
``(1) State enforcement of more restrictive weight
limits.--This section does not prevent a State from
maintaining or imposing a weight limitation that is more
restrictive than the Interstate weight limit on vehicles
or combinations (other than longer combination vehicles)
operating on a non-Interstate segment of the National
Highway System.
``(2) State actions to reduce weight limits.--This section
does not prevent a State from reducing the State's gross
vehicle weight limitation, single or tandem axle weight
limitations, or the overall maximum gross weight on 2 or more
consecutive axles on any non-Interstate segment of the
National Highway System.
``(e) Longer Combination Vehicles.--
``(1) Prohibition.--
``(A) In general.--After the 270th day after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, a longer combination vehicle may continue
to operate on a non-Interstate segment of the National
Highway System only if the operation of the longer
combination vehicle configuration type was authorized by
State officials pursuant to State statute or regulation on
June 1, 2005, and in actual and lawful operation on a regular
or periodic basis (including seasonal operations) on or
before June 1, 2005.
``(B) Applicability of state laws and regulations.--All
operations described in subparagraph (A) shall continue to be
subject to all State statutes, regulations, limitations and
conditions, including routing-specific, commodity-specific,
and configuration-specific designations and all other
restrictions, in force on June 1, 2005.
``(2) Listing of vehicles and combinations.--
``(A) In general.--Not later than 60 days after the date of
enactment of the Safe Highways and Infrastructure
Preservation Act, the Secretary shall initiate a proceeding
to determine and publish a list of longer combination
vehicles that could be lawfully operated on non-Interstate
segments of the National Highway System on June 1, 2005.
``(B) Limitation.--A longer combination vehicle may not be
included on the list published under subparagraph (A) on the
basis that a State law or regulation could have authorized
the operation of such vehicle at some prior date by permit or
otherwise.
``(C) Publication of final list.--Not later than 270 days
after the date of enactment of the Safe Highways and
Infrastructure Preservation Act, the Secretary shall publish
a final list of longer combination vehicles described in
subparagraph (A).
``(D) Updates.--The Secretary shall update the list
published under subparagraph (A) as necessary to reflect new
designations made to the National Highway System.
``(3) Limitation on statutory construction.--This
subsection does not prevent a State from further restricting
in any manner or prohibiting the operation of a longer
combination vehicle if the restrictions or prohibitions are
consistent with the requirements of section 127 of this title
and sections 31112 through 31114 of title 49, United States
Code.
``(f) Model Schedule of Fines.--
``(1) In general.--The Secretary, in consultation with the
States, shall establish a model schedule of fines to be
assessed for violations of this section.
``(2) Purpose.--The purpose of the schedule of fines shall
be to ensure that fines are sufficient to deter violations of
the requirements of this section and to permit States to
recover costs associated with damages caused to the National
Highway System by the operation of such vehicles.
``(3) Adoption by states.--The Secretary shall encourage
but not require States to adopt the schedule of fines.
``(g) Definitions.--In this section:
``(1) Interstate weight limit.--The term `Interstate weight
limit' has the meaning given that term in section 127(h).
``(2) Longer combination vehicle.--The term `longer
combination vehicle' has the meaning given that term in
section 127(d).''.
(b) Enforcement of Requirements.--Section 141(a) of title
23, United States Code, is amended--
(1) by striking ``the Federal-aid primary system, the
Federal-aid urban system, and the Federal-aid secondary
system, including the Interstate System'' and inserting ``the
National Highway System, including the Interstate System,'';
and
(2) by striking ``section 127'' and inserting ``sections
126 and 127''.
(c) Conforming Amendment.--The chapter analysis for
subchapter I of chapter 1 of title 23, United States Code, is
amended by inserting after the item relating to section 125
the following:

``126. Vehicle weight limitations--National Highway System.''.
______

SA 640. Mr. CONRAD (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 143, after the matter following line 25, insert the
following:

SEC. 14___. VEHICLE WEIGHT LIMITATIONS, INTERSTATE ROUTE 94,
NORTH DAKOTA.

Section 127(a) of title 23, United States Code, is amended
by adding at the end the following: ``Notwithstanding any
other provision of law, a vehicle that, with respect to
weight distribution characteristics, could lawfully operate
in North Dakota as of January 1, 2004, on United States Route
52 (including the United States Route 52 bypass in Jamestown,
North Dakota), or on United States Route 281, may operate on
Interstate Route 94 in the State of North Dakota, between the
intersection of Interstate Route 94 and United States Route
281 and the intersection of Interstate Route 94 and United
States Route 52 bypass (including interchanges) under the
same conditions under which the vehicle operates in the State
of North Dakota on United States Route 52 (including the
United States Route 52 bypass) or United States Route 281.''.
______

SA 641. Mr. CONRAD (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of subtitle D of title I, insert the following:

SEC. 14___. VEHICLE WEIGHT LIMITATIONS, INTERSTATE ROUTE 94,
NORTH DAKOTA.

Section 127(a) of title 23, United States Code, is amended
by adding at the end the following: ``Notwithstanding any
other provision of law, a vehicle that, with respect to
weight distribution characteristics, could lawfully operate
in North Dakota as of January 1, 2004, on United States Route
52 (including the United States Route 52 bypass in Jamestown,
North Dakota), or on United States Route 281, may operate on
Interstate Route 94 in the State of North Dakota, between the
intersection of Interstate Route 94 and United States Route
281 and the intersection of Interstate Route 94 and United
States Route 52 bypass (including interchanges) under the
same conditions under which the vehicle operates in the State
of North Dakota on United States Route 52 (including the
United States Route 52 bypass) or United States Route 281.''.
______

SA 642. Mr. CONRAD (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the

[[Page S4974]]

bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle H of title I, insert the following:

SEC. __. BRIDGE CONSTRUCTION, NORTH DAKOTA.

Notwithstanding any other provision of law, and regardless
of the source of Federal funds, the Federal share of the
eligible costs of construction of a bridge between Bismarck,
North Dakota, and Mandan, North Dakota, shall be 90 percent.
______

SA 643. Mr. CONRAD (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. __. BRIDGE CONSTRUCTION, NORTH DAKOTA.

Notwithstanding any other provision of law, and regardless
of the source of Federal funds, the Federal share of the
eligible costs of construction of a bridge between Bismarck,
North Dakota, and Mandan, North Dakota, shall be 90 percent.
______

SA 644. Mr. BROWNBACK submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1814 and insert the following:

SEC. 1814. PARKING PILOT PROGRAMS. .

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1813(a)), is
amended by adding at the end the following:

``SEC. 176. PARKING PILOT PROGRAMS.

``(a) Commercial Truck Parking Pilot Program.--
``(1) Establishment.--In cooperation with appropriate
State, regional, and local governments, the Secretary shall
establish a pilot program to increase the availability of,
and information about, long-term parking for drivers of
commercial motor vehicles on the National Highway System.
``(2) Allocation of funds.--
``(A) In general.--The Secretary shall allocate funds made
available under this subsection to States, metropolitan
planning organizations, and local governments, giving
preference to applicants that demonstrate the most severe
shortage of commercial vehicle parking capacity on the
corridor to be addressed.
``(B) Notice and comment.--Prior to allocating funds under
this subsection to a particular project, the Secretary
shall--
``(i) publish the application in the Federal Register;
``(ii) seek public comment on the proposed project for a
period of not less than 90 days; and
``(iii) evaluate and consider all comments received
concerning the proposed project.
``(C) Criteria.--In allocating funds under this subsection
for the construction of safety rest areas, or for commercial
motor vehicle parking facilities that are adjacent to
commercial truck stops or travel plazas, the Secretary shall
give priority to an applicant that--
``(i) demonstrates a severe shortage of commercial vehicle
parking capacity on the corridor to be addressed;
``(ii) consults with affected State and local governments,
community groups, private providers of commercial vehicle
parking, and motorist and trucking organizations; and
``(iii) demonstrates that the project proposed by the
applicant is likely to have a positive effect on highway
safety, traffic congestion, or air quality.
``(D) Requirements.--An applicant that applies for funds
made available under this subsection for construction of
safety rest areas, or for commercial motor vehicle parking
facilities that are adjacent to commercial truck stops or
travel plazas, shall include in the application an analysis
of reasonable alternatives, including--
``(i) the impact of the availability of additional
information to commercial vehicle drivers regarding the
location and availability of parking throughout the corridor;
and
``(ii) the extent to which private providers of parking for
commercial vehicles are able to meet current and future
commercial vehicle parking demands in the corridor.
``(3) Use of allocated funds.--
``(A) In general.--A recipient of funds allocated under
this subsection shall use the funds to carry out the project
proposed in the application submitted by the recipient to the
Secretary.
``(B) Types of projects.--Funds under this subsection shall
be available for obligation for projects that serve the
National Highway System, including--
``(i) construction of safety rest areas that include
parking for commercial motor vehicles;
``(ii) construction of commercial motor vehicle parking
facilities that are adjacent to commercial truck stops and
travel plazas;
``(iii) costs associated with the opening of facilities
(including inspection and weigh stations and park-and-ride
facilities) to provide commercial motor vehicle parking;
``(iv) projects that promote awareness of the availability
of public or private commercial motor vehicle parking on the
National Highway System, including parking in connection with
intelligent transportation systems and other systems;
``(v) construction of turnouts along the National Highway
System for commercial motor vehicles;
``(vi) capital improvements to public commercial motor
vehicle truck parking facilities closed on a seasonal basis
in order to allow the facilities to remain open year-around;
and
``(vii) improvements to the geometric design at
interchanges on the National Highway System to improve access
to commercial motor vehicle parking facilities.
``(4) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the results of the pilot program carried
out under this subsection.
``(5) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be consistent
with section 120.
``(6) Funding.--
``(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $8,930,818 for each of
fiscal years 2005 through 2009.
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under this chapter.
``(b) Corridor and Fringe Parking Pilot Program.--
``(1) Establishment.--
``(A) In general.--In cooperation with appropriate State,
regional, and local governments, the Secretary shall carry
out a pilot program to provide corridor and fringe parking
facilities.
``(B) Primary function.--The primary function of a corridor
and fringe parking facility funded under this subsection
shall be to provide parking capacity to support car pooling,
van pooling, ride sharing, commuting, and high occupancy
vehicle travel.
``(C) Overnight parking.--A State may permit a facility
described in subparagraph (B) to be used for the overnight
parking of commercial vehicles if the use does not foreclose
or unduly limit the primary function of the facility
described in subparagraph (B).
``(2) Allocation of funds.--
``(A) In general.--The Secretary shall allocate funds made
available to carry out this subsection to States.
``(B) Criteria.--In allocating funds under this subsection,
the Secretary shall give priority to a State that--
``(i) demonstrates demand for corridor and fringe parking
on the corridor to be addressed;
``(ii) consults with affected metropolitan planning
organizations, local governments, community groups, and
providers of corridor and fringe parking; and
``(iii) demonstrates that the project proposed by the State
is likely to have a positive effect on ride sharing, traffic
congestion, or air quality.
``(3) Use of allocated funds.--
``(A) In general.--A recipient of funds allocated under
this subsection shall use the funds to carry out the project
proposed in the application submitted by the recipient to the
Secretary.
``(B) Types of projects.--Funds under this subsection shall
be available for obligation for projects that serve the
Federal-aid system, including--
``(i) construction of corridor and fringe parking
facilities;
``(ii) costs associated with the opening of facilities;
``(iii) projects that promote awareness of the availability
of corridor and fringe parking through the use of signage and
other means;
``(iv) capital improvements to corridor and fringe parking
facilities closed on a seasonal basis in order to allow the
facilities to remain open year-around; and
``(v) improvements to the geometric design on adjoining
roadways to facilitate access to, and egress from, corridor
and fringe parking facilities.
``(4) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the results of the pilot program carried
out under this subsection.
``(5) Federal share.--The Federal share of the cost of a
project carried out under this subsection shall be consistent
with section 120.
``(6) Funding.--
``(A) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $8,930,818 for each of
fiscal years 2005 through 2009.
``(B) Contract authority.--Funds authorized under this
paragraph shall be available for obligation in the same
manner as if the funds were apportioned under this
chapter.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter I of title 23, United States Code (as amended by
section

[[Page S4975]]

1813(c)), is amended by adding at the end the following:

``176. Parking pilot programs.''.
______

SA 645. Mr. SANTORUM (for himself and Mr. Specter) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 800, strike line 21 and all that follows through
page 804, line 19, and insert the following:
``(2) Special rule for fiscal years 2005 through 2009.--
``(A) Increased flexibility.--The Secretary may award
grants under this section, from funds made available to carry
out this section for each of the fiscal years 2005 through
2009, to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized
area with a population of at least 200,000, as determined by
the 2000 decennial census of population if--
``(i) the urbanized area had a population of less than
200,000, as determined by the 1990 decennial census of
population;
``(ii) a portion of the urbanized area was a separate
urbanized area with a population of less than 200,000, as
determined by the 1990 decennial census of population;
``(iii) the area was not designated as an urbanized area,
as determined by the 1990 decennial census of population; or
``(iv) a portion of the area was not designated as an
urbanized area, as determined by the 1990 decennial census,
and received assistance under section 5311 in fiscal year
2002.
``(B) Maximum amounts in fiscal years 2005 through 2007.--
In each of the fiscal years 2005 through 2007--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
50 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 50 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less 50 percent of the amount the portion of the
area received under section 5311 for fiscal year 2002.
``(C) Maximum amounts in fiscal years 2008 and 2009.--In
each of the fiscal years 2008 and 2009--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
25 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 25 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less than 25 percent of the amount the portion of
the area received under section 5311 in fiscal year 2002.'';
and
______

SA 646. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

SEC. 1. REDUCTIONS

The total spending in this bill shall be reduced by
$11,100,000,000, by reducing the totals by the following
amounts--
(a) STP Enhancements (Sec. 1104(4)): reduce by
$2,800,000,000;
(b) Maglev (Sec. 1819): reduce by $2,000,000,000;
(c) Ferry Boats (Sec. 1101(14)) and Sec. 1204): reduce by
$235,000,000;
(d) Truck Parking (Sec. 1814(a)): reduce by $47,010,000;
(e) Puerto Rican Highways (Sec. 1101(15)): reduce by
$500,000,000;
(f) Congestion Mitigation and Air Quality (Sec. 1101(5)):
reduce by $4,479,000,000;
(g) Administrative Expenses (Sec. 1103(a)(1)): reduce by
$348,000,000;
(h) Historic Covered Bridge (Sec. 1812): reduce by
$56,000,000;
(i) Transportation Infrastructure Finance and Innovation
Act (Sec. 1303): reduce by $500,000,000;
(j) Transportation and Community and System Preservation
Program (Sec. 1813): reduce by $135,000,000;
______

SA 647. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 718, between lines 18 and 19, insert the following:
(b) Limitation on Suspension.--Paragraph (2) of section
9503(c) is amended by adding at the end the following new
subparagraph:
``(D) Special rule.--Notwithstanding any other provision of
this paragraph, the Secretary shall pay from time to time
from the Highway Trust Fund into the general fund of the
Treasury amounts--
``(i)(I) described in subparagraph (A)(i) with respect to
claims filed for the periods ending after March 30, 2005, and
before October 1, 2009, and
``(II) described in subparagraph (A)(ii) with respect to
fuel used after March 30, 2005, and before October 1, 2009,
and
``(ii) which the Secretary estimates are paid for
fraudulent or false claims under sections 34, 6420, 6421, and
6427 which the Secretary will not be able to discover.''.
______

SA 648. Mr. VOINOVICH submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1069, after line 10, add the following:

SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWLEDGE TEST REQUIREMENT.

The Secretary shall recognize any driver who passes a test
approved by the Federal Motor Carrier Safety Administration
as meeting the knowledge test requirement for a school bus
endorsement under section 383.123 of title 49, Code of
Federal Regulations.
______

SA 649. Mr. MARTINEZ (for himself and Mr. Nelson of Florida)
submitted an amendment intended to be proposed to amendment SA 605
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

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

SEC. 18__. HIGH PRIORITY CORRIDORS.

Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032) is amended by adding
at the end the following:
``(46) The Atlantic Commerce Corridor on Interstate Route
95 from Jacksonville, Florida, to Miami, Florida.''.
______

SA 650. Mr. PRYOR submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1224, strike lines 6 through 10 and insert the
following:

SEC. 7402. DEFINITIONS; APPLICATION OF PROVISIONS.

(a) Terms Used in This Chapter.--In this chapter, the terms
``carrier'', ``household goods'', ``motor carrier'',
``Secretary'', and ``transportation'' have the meaning given
such terms in section 13102 of title 49, United States Code.
(b) ``Household Goods Motor Carrier'' in Part B of Subtitle
IV of Title 49.--Section 13102 is amended by redesignating
paragraphs (12) through (24) as paragraphs (13) through (25)
and by inserting after paragraph (11) the following:
``(12) Household goods motor carrier.--
``(A) In general.--The term `household goods motor carrier'
means a motor carrier described in subparagraph (B) that, in
the ordinary course of its business of providing
transportation of household goods, offers some or all of the
following additional services:
``(i) Binding and nonbinding estimates.
``(ii) Inventorying.
``(iii) Protective packing and unpacking of individual
items at personal residences.
``(iv) Loading and unloading at personal residences.
``(B) Registration requirement.--A motor carrier is
described in this subparagraph if its operations require it
to register as a household goods motor carrier under--
``(i) section 13902 of this title; and
``(ii) regulations prescribed by the Secretary consistent
with Federal agency determinations and decisions that were in
effect on the date of enactment of the Household Goods Mover
Oversight Enforcement and Reform Act of 2005.
``(C) Limited service exclusion.--The term `household goods
motor carrier' does not include a motor carrier solely
because it provides transportation of household goods

[[Page S4976]]

entirely packed in, and unpacked from, 1 or more containers
or trailers by the individual shipper.''.
(c) Application of Certain Provisions of Law.--The
provisions of title 49, United States Code, or of this
chapter, relating to the transportation of household goods
apply only to a household goods motor carrier (as defined in
section 13102(12) of title 49, United States Code).
______

SA 651. Mr. PRYOR submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. 18__. VEHICLE WEIGHT LIMITATIONS--INTERSTATE SYSTEM.

Section 127(a) of title 23, United States Code, is
amended--
(1) by designating the first through eleventh sentences as
paragraphs (1) through (11), respectively; and
(2) by adding at the end the following:
``(12) Arkansas.--During the harvesting season of cotton in
the State of Arkansas, as determined by the Governor of the
State, the State of Arkansas may allow the operation of
vehicles with a gross vehicle weight of up to 80,000 pounds
for the hauling of cotton seed on--
``(A) United States Route 63 from Gilbert, Arkansas, at the
Lake David interchange, to Jonesboro, Arkansas; and
``(B) Interstate Route 555, if that route is open to
traffic.''.
______

SA 652. Mr. DORGAN (for himself and Mr. Reid) submitted an amendment
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to
the bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of chapter 3 of subtitle E of title I, add the
following:

SEC. 15__. INVESTIGATION OF GASOLINE PRICES.

(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Federal Trade Commission shall
conduct an investigation to determine if the price of
gasoline is being artificially manipulated by reducing
refinery capacity or by any other form of market
manipulation.
(b) Report.--On completion of the investigation under
subsection (a), the Federal Trade Commission shall submit to
Congress a report that describes--
(1) the results of the investigation; and
(2) any recommendations of the Federal Trade Commission.
______

SA 653. Mr. DORGAN (for himself and Mr. Conrad) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 18__. DESIGNATION OF HIGH PRIORITY CORRIDOR IN NORTH
DAKOTA.

Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115
Stat. 871) is amended by adding at the end the following:
``(46) The Central North American Trade Corridor from the
North Dakota-South Dakota border north on United States Route
83 through Bismarck and Minot, North Dakota, to the
international border with Canada.''.
______

SA 654. Mr. DORGAN (for himself, Mr. Conrad, Mr. Burns, Mr. Thune,
Mr. Johnson, Mr. Nelson of Nebraska, and Mr. Salazar) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. __. DESIGNATION OF HIGH PRIORITY CORRIDOR IN SOUTH
DAKOTA, NORTH DAKOTA, AND MONTANA.

Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115
Stat. 871) is amended by adding at the end the following:
``(46) The Theodore Roosevelt Expressway from Rapid City,
South Dakota, north on United States Route 85 to Williston,
North Dakota, west on United States Route 2 to Culbertson,
Montana, north on Montana Highway 16 to the international
border with Canada at the port of Raymond, Montana.''.
______

SA 655. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. EXTENSION OF RENEWABLE ENERGY CREDIT.

Section 45(d) (relating to qualified facilities) is amended
by striking ``January 1, 2006'' each place it appears and
inserting ``January 1, 2009''.
______

SA 656. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY
CREDIT.

(a) Extension.--Section 45(d) (relating to qualified
facilities) is amended by striking ``January 1, 2006'' each
place it appears and inserting ``January 1, 2009''
(b) Treatment of Persons Not Able to Use Entire Credit.--
(1) In general.--Section 45(e) (relating to definitions and
special rules) is amended by adding at the end the following
new paragraph:
``(10) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise provided in this
subsection--

``(I) any credit allowable under subsection (a) with
respect to a qualified facility owned by a person described
in clause (ii) may be transferred or used as provided in this
paragraph, and
``(II) the determination as to whether the credit is
allowable shall be made without regard to the tax-exempt
status of the person.

``(ii) Persons described.--A person is described in this
clause if the person is--

``(I) an organization described in section 501(c)(12)(C)
and exempt from tax under section 501(a),
``(II) an organization described in section 1381(a)(2)(C),
``(III) a public utility (as defined in section
136(c)(2)(B)), which is exempt from income tax under this
subtitle,
``(IV) any State or political subdivision thereof, the
District of Columbia, any possession of the United States, or
any agency or instrumentality of any of the foregoing, or
``(V) any Indian tribal government (within the meaning of
section 7871) or any agency or instrumentality thereof.

``(B) Transfer of credit.--
``(i) In general.--A person described in subparagraph
(A)(ii) may transfer any credit to which subparagraph (A)(i)
applies through an assignment to any other person not
described in subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit described
in clause (i) is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as arising from essential
government function.--Any proceeds derived by a person
described in subclause (III), (IV), or (V) of subparagraph
(A)(ii) from the transfer of any credit under clause (i)
shall be treated as arising from the exercise of an essential
government function.
``(C) Use of credit as an offset.--Notwithstanding any
other provision of law, in the case of a person described in
subclause (I), (II), or (V) of subparagraph (A)(ii), any
credit to which subparagraph (A)(i) applies may be applied by
such person, to the extent provided by the Secretary of
Agriculture, as a prepayment of any loan, debt, or other
obligation the entity has incurred under subchapter I of
chapter 31 of title 7 of the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.), as in effect on the date of the
enactment of the Energy Tax Incentives Act.
``(D) Credit not income.--Any transfer under subparagraph
(B) or use under subparagraph (C) of any credit to which
subparagraph (A)(i) applies shall not be treated as income
for purposes of section 501(c)(12).
``(E) Treatment of unrelated persons.--For purposes of
subsection (a)(2)(B), sales of electricity among and between
persons described in subparagraph (A)(ii) shall be treated as
sales between unrelated parties.''.
(2) Effective date.--The amendment made by this subsection
shall apply to shall apply to electricity produced and sold
after the date of the enactment of this Act, in taxable years
ending after such date.
______

SA 657. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 635, between lines 3 and 4, insert the following:

[[Page S4977]]

SEC. __. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY
CREDIT.

(a) Extension.--Section 45(d) (relating to qualified
facilities) is amended by striking ``January 1, 2006'' each
place it appears and inserting ``January 1, 2009''
(b) Treatment of Persons Not Able to Use Entire Credit.--
(1) In general.--Section 45(e) (relating to definitions and
special rules) is amended by adding at the end the following
new paragraph:
``(10) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise provided in this
subsection--

``(I) any credit allowable under subsection (a) with
respect to a qualified facility owned by a person described
in clause (ii) may be transferred or used as provided in this
paragraph, and
``(II) the determination as to whether the credit is
allowable shall be made without regard to the tax-exempt
status of the person.

``(ii) Persons described.--A person is described in this
clause if the person is--

``(I) an organization described in section 501(c)(12)(C)
and exempt from tax under section 501(a),
``(II) an organization described in section 1381(a)(2)(C),
``(III) a public utility (as defined in section
136(c)(2)(B)), which is exempt from income tax under this
subtitle,
``(IV) any State or political subdivision thereof, the
District of Columbia, any possession of the United States, or
any agency or instrumentality of any of the foregoing, or
``(V) any Indian tribal government (within the meaning of
section 7871) or any agency or instrumentality thereof.

``(B) Transfer of credit.--
``(i) In general.--A person described in subparagraph
(A)(ii) may transfer any credit to which subparagraph (A)(i)
applies through an assignment to any other person not
described in subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit described
in clause (i) is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as arising from essential
government function.--Any proceeds derived by a person
described in subclause (III), (IV), or (V) of subparagraph
(A)(ii) from the transfer of any credit under clause (i)
shall be treated as arising from the exercise of an essential
government function.
``(C) Credit not income.--Any transfer under subparagraph
(B) or use under subparagraph (C) of any credit to which
subparagraph (A)(i) applies shall not be treated as income
for purposes of section 501(c)(12).
``(D) Treatment of unrelated persons.--For purposes of
subsection (a)(2)(B), sales of electricity among and between
persons described in subparagraph (A)(ii) shall be treated as
sales between unrelated parties.''.
(2) Effective date.--The amendment made by this subsection
shall apply to shall apply to electricity produced and sold
after the date of the enactment of this Act, in taxable years
ending after such date.
______

SA 658. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1240, line 6, strike ``that'' and all that follows
through ``damage'' on page 1240, line 8.
______

SA 659. Mr. DOMENICI submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for othered purposes; which was ordered to lie on
the table; as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. DIESEL FUEL TAX EVASION REPORT.

Not later than 60 days after the date of the enactment of
this Act, the Commissioner of Internal Revenue shall report
to the Committees on Finance and Environment and Public Works
of the Senate and the Committees on Ways and Means and
Transportation and Infrastructure of the House of
Representatives on the availability of new technologies that
can be employed to enhance collections of the excise tax
imposed on diesel fuel and the plans of the Internal Revenue
Service to employ such technologies.
______

SA 660. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for othered purposes; which was ordered to lie on
the table; as follows:

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

SEC. __. TRANSPORTATION INVESTMENT CREDITS.

Section 120(j)(1) of title 23, United States Code, is
amended--
(1) by striking ``A State'' and inserting the following:
``(A) In general.--A State''; and
(2) by striking the last sentence and inserting the
following:
``(B) Special rule for use of federal funds.--
``(i) Definition of federal funds.--In this paragraph, the
term `Federal funds' does not include a loan of Federal
funds, or any other financial assistance required to be
repaid to the Federal Government.
``(ii) Reduction of credit.--For a project to build,
improve, or maintain a highway, bridge, or tunnel used in
interstate travel or commerce that receives assistance under
this title, if a public, quasi-public, or private agency has
built, improved, or maintained such a highway, bridge, or
tunnel using Federal funds, a credit of the agency under
subparagraph (A) shall be reduced by a percentage equal to
the percentage of the total cost of building, improving, or
maintaining the facility that was provided with Federal
funds.''.
______

SA 661. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1803 and insert the following:

SEC. 1803. DESIGN-BUILD CONTRACTING.

(a) In General.--Section 112(b) of title 23, United States
Code, is amended by striking paragraph (3) and inserting the
following:
``(3) Design-build contracting.--
``(A) Definition of design-build contract.--
``(i) In general.--In this paragraph, the term `design-
build contract' means an agreement that provides for the
design and construction of a project by a contractor.
``(ii) Inclusions.--The term `design-build contract'
includes--

``(I) a franchise agreement; and
``(II) any other form of contract approved by the
Secretary.

``(B) Award and use of design-build contracts.--A State
transportation department or local transportation agency
may--
``(i) award a design-build contract using any procurement
process in accordance with State and local law; and
``(ii) use a design-build contract to develop a project
under this chapter.
``(C) Compliance with nepa.--
``(i) In general.--Subject to clauses (ii) and (iii), a
State transportation department or local transportation
agency may award a design-build contract under this
paragraph, and conduct any action under the design-build
contract, before complying with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(ii) Awards.--A State transportation department or local
transportation agency may award a design-build contract
before complying with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) if--

``(I) the State transportation department or local
transportation agency submits to the Secretary a request for
the award of a design-build contract;
``(II) the Secretary approves the request of the State
transportation department or local transportation agency
under subclause (I); and
``(III) authorization will be provided for the project
after the State transportation department or local
transportation agency complies with section 102 of that Act
(42 U.S.C. 4332).

``(iii) Permanent improvements.--A State transportation
department or local transportation agency shall not carry out
the final design of a permanent improvement under a design-
build contract under this paragraph before complying with
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4332).
``(D) Effect of approval.--Approval by the Secretary of a
request of a State transportation department or local
transportation agency under subparagraph (C)(ii)(II) shall be
considered to be a preliminary action that does not impact
the environment.''.
(b) Regulations.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall update regulations
promulgated under section 1307(c) of the Transportation
Equity Act for the 21st Century (23 U.S.C. 112 note; 112
Stat. 229) to implement the amendment made by subsection (a).
(2) Requirements.--The updated regulations under paragraph
(1)--
(A) shall allow a State transportation department or local
transportation agency to use any procurement process in
accordance with State and local law in awarding design-build
contracts (including allowing unsolicited proposals,
negotiated procurements, and multiple requests for final
proposals);
(B) may require a State transportation department or local
transportation agency to justify a sole source procurement or
multiple requests for final proposals;
(C) may include best practices guidelines;

[[Page S4978]]

(D) shall not preclude State transportation departments and
local transportation agencies from allowing the inclusion of
alternative technical concepts in base proposals of design-
build contractors; and
(E) if a design-build contractor is not authorized to
proceed with the final design of a permanent improvement
before complying with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332), shall not
preclude State transportation departments and local
transportation agencies from, before complying with section
102 of that Act--
(i) requesting a proposal document;
(ii) awarding a design-build contract; or
(iii) issuing a notice to proceed with preliminary design
work under a design-build contract.
______

SA 662. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1802(c) and insert the following:
(c) Contractor Suspension and Debarment Policy.--
(1) In general.--Section 307 of title 49, United States
Code, is amended to read as follows:

``Sec. 307. Contractor suspension and debarment policy

``(a) Mandatory Enforcement Policy.--Notwithstanding any
other provision of law, the Secretary--
``(1) shall debar any contractor or subcontractor convicted
of a criminal or civil offense involving fraud relating to a
project receiving Federal highway or transit funds for such
period as the Secretary determines to be appropriate; and
``(2) subject to approval by the Attorney General--
``(A) except as provided in subsection (b), shall suspend
any contractor or subcontractor upon indictment for criminal
or civil offenses involving fraud; and
``(B) may exclude nonaffiliated subsidiaries of a debarred
business entity.
``(b) National Security Exception.--If the Secretary finds
that mandatory debarment or suspension of a contractor or
subcontractor under subsection (a) would be contrary to the
national security of the United States, the Secretary--
``(1) may waive the debarment or suspension; and
``(2) in the instance of each waiver, shall provide
notification to Congress of the waiver with appropriate
details.''.
(2) Conforming amendment.--The analysis for chapter 3 of
title 49, United States Code, is amended by striking the item
relating to section 307 and inserting the following:

``307. Contractor suspension and debarment policy.''.
______

SA 663. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Section 328(b) of title 23, United States Code (as amended
by section 1513(a)), is amended by striking paragraph (1) and
inserting the following:
``(1) Number of participating states.--The Secretary may
permit not more than 5 States (including the States of Texas
and Oklahoma) to participate in the program.
______

SA 664. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 371, after the matter following line 21, add the
following:

SEC. __. LA ENTRADA AL PACIFICO CORRIDOR, TEXAS.

Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032) is amended by adding
at the end the following:
``(46) In the State of Texas, the La Entrada al Pacifico
Corridor consisting of any portion of a highway in a corridor
on 2 miles of either side of the center line of the highway
and--
``(A) State Route 349 from Lamesa to the point on that
highway that is closest to 32 degrees, 7 minutes, north
latitude, by 102 degrees, 6 minutes, west longitude;
``(B) the segment of any roadway extending from the point
described by subparagraph (A) to the point on Farm-to-Market
Road 1788 closest to 32 degrees, 0 minutes, north latitude,
by 102 degrees, 16 minutes, west longitude;
``(C) Farm-to-Market Road 1788 from the point described by
subparagraph (B) to its intersection with Interstate Route
20;
``(D) Interstate Route 20 from its intersection with Farm-
to-Market Road 1788 to its intersection with United States
Route 385;
``(E) United States Route 385 from Odessa to Fort Stockton,
including those portions that parallel United States Route 67
and Interstate Route 10; and
``(F) United States Route 67 from Fort Stockton to
Presidio, including those portions that parallel Interstate
Route 10 and United States Route 90.''.
______

SA 665. Mr. CORNYN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Section 510(a)(4)(A) of title 23, United States Code (as
added by section 2101(a)), is amended by striking
``subsection (b)'' and inserting ``subsection (b), including
the Southwest Region University Transportation Center''.
______

SA 666. Mr. SPECTER submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 398, strike line 17 and all that follows
through page 400, line 13, and insert the following:

SEC. 1819. HIGH-SPEED MAGNETIC LEVITATION SYSTEM DEPLOYMENT
PROGRAM.

(a) In General.--Section 322 of title 23, United States
Code, is amended to read as follows:

``Sec. 322. High-speed magnetic levitation system deployment
program

``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Railroad Administration.
``(2) Eligible project costs.--
``(A) In general.--The term `eligible project costs' means
the capital cost of the fixed guideway infrastructure of a
MAGLEV project, including land, piers, guideways, propulsion
equipment and other components attached to guideways, power
distribution facilities (including substations), control and
communications facilities, access roads, and storage, repair,
and maintenance facilities.
``(B) Inclusion.--The term `eligible project costs'
includes the costs of preconstruction planning activities.
``(C) Exclusion.--The term `eligible project costs' does
not include costs incurred for a new station.
``(3) Full project costs.--The term `full project costs'
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles,
and equipment.
``(4) Maglev.--
``(A) In general.--The term `MAGLEV' means transportation
systems in revenue service employing magnetic levitation that
would be capable of safe use by the public at a speed in
excess of 240 miles per hour.
``(B) Inclusion.--The term `MAGLEV' includes power,
control, and communication facilities required for the safe
operation of the vehicles within a system described in
subparagraph (A).
``(b) Phase I--Preconstruction Planning.--
``(1) In general.--A State, State-designated authority,
multi-State-designated authority, or special purpose entity
may apply to the Administrator for grants to conduct
preconstruction planning for proposed new MAGLEV projects, or
extensions to MAGLEV systems planned, studied, or deployed
under this or any other program.
``(2) Applications.--An application for a grant under this
subsection shall include a description of the proposed MAGLEV
project, including, at a minimum--
``(A) a description of the purpose and need for the
proposed project;
``(B) a description of the travel market to be served;
``(C) a description of the technology selected for the
project;
``(D) forecasts of ridership and revenues;
``(E) a description of preliminary engineering that is
sufficient to provide a reasonable estimate of the capital
cost of constructing, operating, and maintaining the project;
``(F) a realistic schedule for construction and equipment
for the project;
``(G) an environmental analysis in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(H) a preliminary identification of the 1 or more
organizations that will construct and operate the project;
and
``(I) a cost-benefit analysis and tentative financial plan
for construction and operation of the project.
``(3) Deadline for applications.--The Administrator shall
establish an annual deadline for receipt of applications
under this subsection.
``(4) Evaluation.--The Administrator shall evaluate all
applications received by the annual deadline to determine
whether the applications meet criteria established by the
Administrator.

[[Page S4979]]

``(5) Selection.--The Administrator shall select for
Federal support for preconstruction planning any project that
the Administrator determines meets the criteria.
``(c) Phase II--environmental Analyses.--
``(1) In general.--A State, State-designated authority,
multi-State-designated authority, or special purpose entity
that has conducted (under this section or any other provision
of law) 1 or more studies that address each of the
requirements of subsection (b)(2) may submit the studies to
the Administrator, to support an application for Federal
funding to assist in--
``(A) preparing an environmental analysis under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(B) planning for construction, operation, and maintenance
of a MAGLEV project.
``(2) Criteria for applications.--
``(A) In general.--The Administrator shall--
``(i) establish criteria for Phase II applications; and
``(ii) evaluate all applications received by that deadline
in accordance with criteria established under subparagraph
(B).
``(B) Criteria.--The Administrator shall establish criteria
to evaluate applications that include whether--
``(i) the technology selected is available for deployment
at the time of the application;
``(ii) operating revenues combined with known and dedicated
sources of other revenues in any year will exceed annual
operation and maintenance costs;
``(iii) over the life of the MAGLEV project, total project
benefits will exceed total project costs; and
``(iv) the proposed capital financing plan is realistic and
does not assume Federal assistance that is greater than the
maximums specified in clause (ii).
``(C) Projects selected.--If the Administrator determines
that a MAGLEV project meets the criteria established under
subparagraph (B), the Administrator may--
``(i) select that project for Federal Phase II support; and
``(ii) publish in the Federal Register a notice of intent
to prepare an environmental analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Phase III--Deployment.--A proposed owner of a MAGLEV
project that has submitted a draft environmental analysis
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and has refined planning for the
construction, operation, and maintenance of the MAGLEV
project, under this or any other program, may submit an
application to the Administrator for Federal funding of a
portion of the capital costs of planning, financing,
constructing, and equipping the preferred alternative
identified in the environmental analysis.
``(e) Financial Assistance.--
``(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of the full
project costs of projects selected under this section.
``(2) Prevailing wage and buy america requirements.--
Sections 5333(a) and 5323(j) of title 49 shall apply to
financial assistance made available under this section and
projects funded with that assistance.
``(3) Federal share.--
``(A) Phase i and phase ii.--For Phase I--preconstruction
planning and Phase II--environmental analyses carried out
under subsections (b) and (c), respectively, the Federal
share of the costs of the planning and studies shall be not
more than \2/3\ of the full cost of the planning and studies.
``(B) Phase iii.--For Phase III--deployment projects
carried out under subsection (d), not more than \2/3\ of the
full capital cost of such a project shall be made available
from funds appropriated for this program.
``(4) Funding.--
``(A) Contract authority; authorization of
appropriations.--
``(i) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) for fiscal years 2005 through 2009 to carry out this
section--

``(I) $10,000,000 for Phase I--preconstruction planning
studies;
``(II) $20,000,000 for Phase II--environmental analyses;
and
``(III) $60,000,000 for Phase III--deployment projects.

``(ii) Obligation authority.--Funds authorized by this
subparagraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter I,
except that--

``(I) the Federal share of the cost of the project shall be
in accordance with paragraph (2); and
``(II) the availability of the funds shall be in accordance
with subsection (f).

``(B) Noncontract authority authorization of
appropriations.--
``(i) Phase i.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out Phase I--preconstruction planning
studies under subsection (b)--

``(I) $12,000,000 for fiscal year 2005;
``(II) $6,000,000 for fiscal year 2006; and
``(III) $2,000,000 for each of fiscal years 2007 through
2009.

``(ii) Phase ii.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out Phase II--environmental analyses under
subsection (c)--

``(I) $41,500,000 for fiscal year 2005;
``(II) $25,000,000 for fiscal year 2006;
``(III) $37,000,000 for fiscal year 2007;
``(IV) $21,000,000 for fiscal year 2008; and
``(V) $9,000,000 for fiscal year 2009.

``(iii) Phase iii.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out Phase III--deployment projects under
subsection (d)--

``(I) $26,500,000 for fiscal year 2005;
``(II) $500,000,000 for fiscal year 2006;
``(III) $650,000,000 for fiscal year 2007;
``(IV) $850,000,000 for fiscal year 2008; and
``(V) $850,000,000 for fiscal year 2009.

``(iv) Program administration.--There are authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out administration of this
program--

``(I) $2,500,000 for fiscal year 2005;
``(II) $13,000,000 for fiscal year 2006;
``(III) $16,000,000 for fiscal year 2007;
``(IV) $8,000,000 for fiscal year 2008; and
``(V) $5,000,000 for fiscal year 2009.

``(v) Research and development.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out research and development
activities to reduce MAGLEV deployment costs $4,000,000 for
each of fiscal years 2005 through 2009.
``(f) Availability of Funds.--Funds made available under
subsection (e) shall remain available until expended.
``(g) Other Federal Funds.--Funds made available to a State
to carry out the surface transportation program under section
133 and the congestion mitigation and air quality improvement
programs under section 149 may be used by any State to pay a
portion of the full project costs of an eligible project
selected under this section, without requirement for non-
Federal funds.
``(h) Other Federal Funds.--A project selected for funding
under this section shall be eligible for other forms of
financial assistance provided by this title and title V of
the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 821 et seq.), including loans, loan guarantees,
and lines of credit.
``(i) Mandatory Additional Selection.--
``(1) In general.--Subject to paragraph 2, in selecting
projects for preconstruction planning, deployment, and
financial assistance, the Administrator may only provide
funds to MAGLEV projects that meet the criteria established
under subsection (b)(4).
``(2) Priority funding.--The Administrator shall give
priority funding to a MAGLEV project that--
``(A) has already met the criteria in section 1218 of the
Transportation Equity Act for the 21st Century (112 Stat.
216) and has received funding prior to the date of enactment
of this section as a result of evaluation and contracting
procedures for MAGLEV transportation, to the extent that the
project continues to fulfill the requirements of this
section;
``(B) to the maximum extent practicable, has met safety
guidelines established by the Administrator to protect the
health and safety of the public;
``(C) is based on designs that ensure the greatest life
cycle advantages for the project;
``(D) contains domestic content of at least 70 percent; and
``(E) is designed and developed through public/private
partnership entities and continues to meet the criteria set
forth in section 1218 of the Transportation Equity Act for
the 21st Century (112 Stat. 216) regarding public/private
partnerships.''.
(b) Conforming Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by striking the item
relating to section 322 and inserting the following:

``322. High-speed magnetic levitation system deployment program.''.
______

SA 667. Mr. LOTT submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1234, beginning with line 8, strike through line 6
on page 1235 and insert the following:
``(b) Notice.--The State shall serve written notice to the
Secretary or the Board, as the case may be, of any civil
action under subsection (a) prior to initiating such civil
action. The notice shall include a copy of the complaint to
be filed to initiate such civil action.
``(c) Authority To Intervene.--
``(1) In general.--Upon receiving the notice required by
subsection (b), the Secretary or Board may intervene in such
civil action and upon intervening--
``(A) be heard on all matters arising in such civil action;
``(B) file petitions for appeal of a decision in such civil
action; and
``(C) be substituted, upon the filing of a motion with the
court, for the State as parens patriae in the action.
``(2) Substitution.--If the Secretary or the Board files a
motion under paragraph (1)(C), the court shall--
``(A) grant the motion without further hearing or
procedure;
``(B) substitute the Secretary or the Board, as
appropriate, for the State as plaintiff; and

[[Page S4980]]

``(C) if requested by the Secretary or the Board, dismiss
the State as a party to the action.
``(d) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall--
``(1) operate to convey a right to initiate or maintain a
class action lawsuit in the enforcement of a Federal law or
regulation; or
``(2) prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance
of witnesses or the production of documentary and other
evidence.
______

SA 668. Mr. OBAMA submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 143, after the matter following line 25, add the
following:

SEC. ___. SENSE OF THE SENATE IN SUPPORT OF INCREASED PUBLIC
AWARENESS OF BLOOD ALCOHOL CONCENTRATION LEVELS
AND THE DANGERS OF DRINKING AND DRIVING.

(a) Findings.--The Senate finds that--
(1) in 2003--
(A) 17,013 Americans died in alcohol-related traffic
crashes;
(B) 40 percent of the persons killed in traffic crashes
died in alcohol-related crashes; and
(C) drivers with blood alcohol concentration levels over
0.15 were involved in 58 percent of alcohol-related traffic
fatalities;
(2) research shows that 77 percent of Americans think they
have received enough information about drinking and driving
and the way in which alcohol affects individual blood alcohol
concentration levels; and
(3) only 28 percent of the American public can correctly
identify the legal limit of blood alcohol concentration of
the State in which they reside.
(b) Sense of the Senate.--It is the sense of the Senate
that the National Highway Traffic Safety Administration
should work with State and local governments and independent
organizations to increase public awareness of--
(1) State legal limits on blood alcohol concentration
levels; and
(2) the dangers of drinking and driving.
______

SA 669. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. CONSERVE BY BICYCLING PROGRAM.

(a) Definitions.--In this section:
(1) Program.--The term ``program'' means the Conserve by
Bicycling Program established by subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Establishment.--There is established within the
Department of Transportation a program to be known as the
``Conserve by Bicycling Program''.
(c) Projects.--
(1) In general.--In carrying out the program, the Secretary
shall establish not more than 10 pilot projects that are--
(A) dispersed geographically throughout the United States;
and
(B) designed to conserve energy resources by encouraging
the use of bicycles in place of motor vehicles.
(2) Requirements.--A pilot project described in paragraph
(1) shall--
(A) use education and marketing to convert motor vehicle
trips to bicycle trips;
(B) document project results and energy savings (in
estimated units of energy conserved);
(C) facilitate partnerships among interested parties in at
least 2 of the fields of--
(i) transportation;
(ii) law enforcement;
(iii) education;
(iv) public health;
(v) environment; and
(vi) energy;
(D) maximize bicycle facility investments;
(E) demonstrate methods that may be used in other regions
of the United States; and
(F) facilitate the continuation of ongoing programs that
are sustained by local resources.
(3) Cost sharing.--At least 20 percent of the cost of each
pilot project described in paragraph (1) shall be provided
from State or local sources.
(d) Energy and Bicycling Research Study.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall enter into a
contract with the National Academy of Sciences for, and the
National Academy of Sciences shall conduct and submit to
Congress a report on, a study on the feasibility of
converting motor vehicle trips to bicycle trips.
(2) Components.--The study shall--
(A) document the results or progress of the pilot projects
under subsection (b);
(B) determine the type and duration of motor vehicle trips
that people in the United States may feasibly make by
bicycle, taking into consideration factors such as--
(i) weather;
(ii) land use and traffic patterns;
(iii) the carrying capacity of bicycles; and
(iv) bicycle infrastructure;
(C) determine any energy savings that would result from the
conversion of motor vehicle trips to bicycle trips;
(D) include a cost-benefit analysis of bicycle
infrastructure investments; and
(E) include a description of any factors that would
encourage more motor vehicle trips to be replaced with
bicycle trips.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $6,200,000, to
remain available until expended, of which--
(1) $5,150,000 shall be used to carry out pilot projects
described in subsection (c);
(2) $300,000 shall be used by the Secretary to coordinate,
publicize, and disseminate the results of the program; and
(3) $750,000 shall be used to carry out subsection (d).
______

SA 670. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin,
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, and Mr. Dayton)
submitted an amendment intended to be proposed to amendment SA 605
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 635, between lines 3 and 4, insert the following:

SEC. 5309. INCENTIVES FOR THE INSTALLATION OF ALTERNATIVE
FUEL REFUELING STATIONS.

(a) In General.--Subpart B of part IV of subchapter A of
chapter 1 (relating to foreign tax credit, etc.) is amended
by adding at the end the following new section:

``SEC. 30B. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY
CREDIT.

``(a) Credit Allowed.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
an amount equal to 50 percent of the cost of any qualified
alternative fuel vehicle refueling property placed in service
by the taxpayer during the taxable year.
``(b) Limitation.--
``(1) In general.--The credit allowed under subsection
(a)--
``(A) with respect to any retail alternative fuel vehicle
refueling property, shall not exceed $30,000, and
``(B) with respect to any residential alternative fuel
vehicle refueling property, shall not exceed $1,000.
``(2) Phaseout.--
``(A) In general.--In the case of any qualified alternative
fuel vehicle refueling property placed in service after
December 31, 2010, the limit otherwise applicable under
paragraph (1) shall be reduced by--
``(i) 25 percent in the case of any alternative fuel
vehicle refueling property placed in service in calendar year
2011, and
``(ii) 50 percent in the case of any alternative fuel
vehicle refueling property placed in service in calendar year
2012.
``(c) Definitions.--For purposes of this section--
``(1) Qualified alternative fuel vehicle refueling
property.--The term `qualified alternative fuel vehicle
refueling property' has the same meaning given for clean-fuel
vehicle refueling property by section 179A(d), but only with
respect to any fuel at least 85 percent of the volume of
which consists of ethanol.
``(2) Residential alternative fuel vehicle refueling
property.--The term `residential alternative fuel vehicle
refueling property' means qualified alternative fuel vehicle
refueling property which is installed on property which is
used as the principal residence (within the meaning of
section 121) of the taxpayer.
``(3) Retail alternative fuel vehicle refueling property.--
The term `retail alternative fuel vehicle refueling property'
means qualified alternative fuel vehicle refueling property
which is of a character subject to an allowance for
depreciation.
``(d) Application With Other Credits.--The credit allowed
under subsection (a) for any taxable year shall not exceed
the excess (if any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(2) the tentative minimum tax for the taxable year.
``(e) Carryforward Allowed.--
``(1) In general.--If the credit amount allowable under
subsection (a) for a taxable year exceeds the amount of the
limitation under subsection (d) for such taxable year, such
excess shall be allowed as a credit carryforward for each of
the 20 taxable years following the unused credit year.
``(2) Rules.--Rules similar to the rules of section 39
shall apply with respect to the credit carryforward under
paragraph (1).
``(f) Special Rules.--For purposes of this section--
``(1) Basis reduction.--The basis of any property shall be
reduced by the portion of

[[Page S4981]]

the cost of such property taken into account under subsection
(a).
``(2) No double benefit.--No deduction shall be allowed
under section 179A with respect to any property with respect
to which a credit is allowed under subsection (a).
``(3) Property used by tax-exempt entity.--In the case of
any qualified alternative fuel vehicle refueling property the
use of which is described in paragraph (3) or (4) of section
50(b) and which is not subject to a lease, the person who
sold such property to the person or entity using such
property shall be treated as the taxpayer that placed such
property in service, but only if such person clearly
discloses to such person or entity in a document the amount
of any credit allowable under subsection (a) with respect to
such property (determined without regard to subsection (d)).
``(4) Property used outside united states, etc., not
qualified.--No credit shall be allowable under subsection (a)
with respect to any property referred to in section 50(b)(1)
or with respect to the portion of the cost of any property
taken into account under section 179.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any property if the taxpayer
elects not to have this section apply to such property.
``(6) Recapture rules.--Rules similar to the rules of
section 179A(e)(4) shall apply.
``(g) Regulations.--The Secretary shall prescribe such
regulations as necessary to carry out the provisions of this
section.
``(h) Termination.--This section shall not apply to any
property placed in service after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 1016(a) is amended by striking ``and'' at the
end of paragraph (30), by striking the period at the end of
paragraph (31) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(32) to the extent provided in section 30B(f)(1).''.
(2) Section 55(c)(2) is amended by inserting ``30B(d),''
after ``30(b)(3),''.
(3) Section 6501(m) is amended by inserting ``30B(f)(5),''
after ``30(d)(4),''.
(4) The table of sections for subpart B of part IV of
subchapter A of chapter 1 is amended by inserting after the
item relating to section 30A the following new item:

``Sec. 30B. Alternative fuel vehicle refueling property credit.''.

(c) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act, in taxable years ending after such
date.
______

SA 671. Mr. OBAMA submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. ___. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT.

(a) Findings.--Congress finds the following:
(1) Federal-aid highway programs provide State and local
governments and other recipients substantial funds for
projects that produce significant employment and job-training
opportunities.
(2) Every $1,000,000,000 in Federal infrastructure
investment creates an estimated 47,500 jobs.
(3) Jobs in transportation construction, including
apprenticeship positions, typically pay more than twice the
minimum wage, and include health and other benefits.
(4) Transportation projects provide the impetus for job
training and employment opportunities for low income
individuals residing in the area in which a transportation
project is planned.
(5) Transportation projects can offer young people,
particularly those who are economically disadvantaged, the
opportunity to gain productive employment.
(6) The Alameda Corridor, a $2,400,000,000 transportation
project, is an example of a transportation project that
included a local hiring provision resulting in a full 30
percent of the project jobs being filled by locally hired and
trained men and women.
(b) Sense of Congress.--It is the sense of Congress that
Federal transportation projects should facilitate and
encourage the collaboration between interested persons,
including State, Federal, and local governments, community
colleges, apprentice programs, local high schools, and other
community based organizations that have an interest in
improving the job skills of low-income individuals, to help
leverage scarce training and community resources and to help
ensure local participation in the building of transportation
projects.
______

SA 672. Mr. NELSON (for himself, Mr. Martinez, and Mr. Cornyn)
submitted an amendment intended to be proposed to amendment SA 605
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

Subtitle D of title I is amended by adding at the end the
following:

SEC. 14__. LIVESTOCK TRAILER WEIGHT EXEMPTION.

Section 127(a) of title 23, United States Code, is amended
by adding at the end the following: ``The States of Florida
and Texas may issue, on payment of an annual fee of $200 for
each livestock trailer, special permits to authorize the
operation of vehicles with a gross vehicle weight of not more
than 90,000 pounds for the hauling of livestock.''.
______

SA 673. Mr. AKAKA (for himself and Mr. Alexander) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 35, strike lines 18 through 21 and insert the
following:
(i) $310,000,000 for fiscal year 2005; and
(ii) $320,000,000 for each of fiscal years 2006 through
2009.
______

SA 674. Mr. SCHUMER (for himself, Mr. Kennedy, Mrs. Clinton, Mr.
Levin, and Mr. Sarbanes) submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 628, line 23, strike ``$155'' and insert ``$155
($170 for 2007, $185 for 2008 and $200 for 2009 and
thereafter)''.
On page 629, line 5, strike ``2008'' and insert ``2009''.
On page 629, line 7, strike ``2007'' and insert ``2008''.
______

SA 675. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

SEC.  . CERTIFICATION OF VEHICLE EMISSION PERFORMANCE
STANDARDS.

(a) Vehicle Emission Performance Standards.--Section 13902
(a)(1) of title 49, United States Code, is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively, and,
(2) by inserting after subparagraph (A) the following:
``(B) the requirement that a motor carrier certifies that,
beginning in 2007, the vehicle or vehicles purchased in that
year or afterwards and operated by the motor carrier comply
with the heavy duty vehicle and engine emissions performance
standards and related regulations established by the
Administrator of the Environmental Protection Agency pursuant
to section 202(a)(3) of the Clean Air Act (42 USC
7521(a)(3));''
(b) Study.--Within 180 days following the date of enactment
of this Act, the Secretary of Transportation shall make
recommendations to Congress on ways to ensure that trucks
built prior to 2007 operating in the United States comply
with all emissions performance standards of the Clean Air Act
applicable to such engines at the time the engine was
manufactured.
______

SA 676. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

=========================== NOTE ===========================

On page S4981, May 11, 2005, under ``SA 676'', the following
sentence appeared: ``Mrs. FEINGOLD submitted an amendment. . . .''

The online version has been corrected to read: ``SA 676. Mr.
FEINGOLD submitted an amendment. . . .''

========================= END NOTE =========================

At the appropriate place in title V insert the following:

SEC. __. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS
EXCLUDED FROM GROSS INCOME.

(a) In General.--Part III of subchapter B of chapter 1 is
amended by inserting after section 139A the following new
section:

``SEC. 139B. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.

``(a) In General.--Gross income of an individual does not
include amounts received, from an organization described in
section 170(c), as reimbursement of operating expenses with
respect to use of a passenger automobile for the benefit of
such organization. The preceding sentence shall apply only to
the extent that such reimbursement would be deductible under
this chapter if section 274(d) were applied--
``(1) by using the standard business mileage rate
established under such section, and
``(2) as if the individual were an employee of an
organization not described in section 170(c).
``(b) No Double Benefit.--Subsection (a) shall not apply
with respect to any expenses if the individual claims a
deduction or credit for such expenses under any other
provision of this title.

[[Page S4982]]

``(c) Exemption From Reporting Requirements.--Section 6041
shall not apply with respect to reimbursements excluded from
income under subsection (a).''.
(b) Clerical Amendment.--The table of sections for part III
of subchapter B of chapter 1 is amended by inserting after
the item relating to section 139A and inserting the following
new item:

``Sec. 139B. Reimbursement for use of passenger automobile for
charity.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC.__. INCREASE IN PENALTY FOR BAD CHECKS AND MONEY ORDERS.

(a) In General.--Section 6657 (relating to bad checks) is
amended--
(1) by striking ``$750'' and inserting ``$1,250'', and
(2) by striking ``$15`` and inserting ``$25''.
(b) Effective Date.--The amendments made by this section
apply to checks or money orders received after the date of
the enactment of this Act.
______

SA 677. Mr. LEVIN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. MODIFICATION OF EFFECTIVE DATE FOR CIVIL RIGHTS TAX
RELIEF.

(a) In General.--Section 703(c) of the American Jobs
Creation Act of 2004 is amended by striking ``the date of the
enactment of this Act'' and inserting ``December 31, 2002,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in the enactment of the
American Jobs Creation Act of 2004.
______

SA 678. Mr. LEVIN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. 18__. ADVANCED TECHNOLOGIES.

Section 133(b) of title 23, United States Code (as amended
by section 1813(b)), is amended by adding at the end the
following:
``(20) Development of advanced motor vehicle technologies
that will increase the fuel efficiency of motor vehicles or
reduce individual vehicle emissions, as compared to
applicable Federal or State regulations, on the condition
that not more than 5 percent of the funds apportioned to the
State for a fiscal year are used for that purpose.''.
______

SA 679. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 270, between lines 15 and 16, insert the following:

SEC. 1613. PUBLIC HEALTH PROTECTION.

Section 149 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``air quality standard; or''
and inserting `` air quality standard that would protect
public health;'';
(ii) in clause (ii), by inserting ``that would protect
public health'' after ``maintenance area''; and
(iii) by adding at the end the following:
``(ii) the improvement of public health by decreasing air
pollutant emissions; or'';
(B) in paragraph (2), by inserting ``that would protect
public health'' after ``air quality benefits'';
(C) in paragraph (3), by striking ``or through other
factors'' and inserting ``advanced vehicle technologies,
consumption of cleaner burning fuels, or other means''; and
(D) in paragraph (5), insert ``or dedicated non-fixed
guideways'' after ``high occupancy vehicle lanes'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``If a State does not have'' and inserting
the following:
``(A) In general.--If a State does not have''; and
(ii) by adding at the end the following:
``(B) Priority.--The State shall give priority to projects
that--
``(i) promote deployment of advanced technology heavy-duty
vehicles and clean fuels; and
``(ii) protect public health.''; and
(B) in paragraph (2)--
(i) by striking ``If a State has'' and inserting the
following:
``(A) In general.--If a State has''; and
(ii) by adding at the end the following:
``(B) Priority.--The State shall give priority to projects
that--
``(i) promote deployment of advanced technology heavy-duty
vehicles and clean fuels; and
``(ii) protect public health.''; and
(3) in subsection (e)(4)(B), by inserting ``or advanced
technology heavy-duty'' after ``alternative fueled''.
______

SA 680. Mr. KERRY (for himself and Mr. Kennedy) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 91, between lines 16 and 17, insert the following:
(c) Ferry Discretionary Grant Program.--For purposes of
section 129(c) of title 23, United States Code, a private
owner and operator that has entered into a license-fee
arrangement with a public transportation authority to provide
essential year-round public transportation services to the
islands off of Cape Cod, Massachusetts shall be considered
publicly operated and shall not be subject to paragraph (4)
of such subsection.
______

SA 681. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 267, strike line 18 and all that follows
through page 270, line 15 and insert the following:

SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

(a) Eligible Projects.--Section 149(b) of title 23, United
States Code, is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) if the project or program is for the purchase of
alternative fuel (as defined in section 301 of the Energy
Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel;
``(7) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment;
or
``(8) if the project or program is for--
``(A) diesel retrofit technologies contained in or related
to an emission reduction strategy developed by the State in
accordance with subsection (c); and
``(B) outreach activities that are designed to provide
information and technical assistance to the owners and
operators of diesel equipment and vehicles regarding the
emission reduction strategy.''.
(b) States Receiving Minimum Apportionment.--Section 149(c)
of title 23, United States Code, is amended--
(1) in paragraph (1), by striking ``for any project
eligible under the surface transportation program under
section 133.'' and inserting the following: ``for any project
in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''; and
(2) in paragraph (2), by striking ``for any project in the
State eligible under section 133.'' and inserting the
following: ``for any project in the State that--
``(A) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the surface transportation program
under section 133.''.
(c) Responsibility of States.--
(1) Definitions.--In this subsection:
(A) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(B) CMAQ resources.--The term ``CMAQ resources'' means
resources available to a State to carry out the congestion
mitigation and air quality improvement program under section
149 of title 23, United States Code.
(C) Diesel retrofit technology.--The term ``diesel retrofit
technology'' means a replacement, repowering, rebuilding,
aftertreatment or other technology, as determined by the
Administrator.
(2) Emission reduction strategies.--Each State shall
develop, implement, and periodically revise emission
reduction strategies comprised of any methods determined to
be appropriate by the State that are consistent with section
209 of the Clean Air Act (42 U.S.C. 7542) for engines and
vehicles that are--
(A) used in construction projects located in nonattainment
and maintenance areas (as those terms are defined in section
101 of the Clean Air Act (42 U.S.C. 7401)); and
(B) funded, in whole or in part, under title 23, United
States Code.
(3) State considerations.--In developing emission reduction
strategies, each State--
(A) may include any means to reduce emissions that are
determined to be appropriate by the State; but

[[Page S4983]]

(B) shall--
(i) consider guidance issued by the Administrator under
paragraph (5);
(ii) limit technologies to those identified by the
Administrator under paragraph (5);
(iii) provide contractors with guidance and technical
assistance regarding the implementation of emission reduction
strategies;
(iv) give special consideration to small businesses that
participate in projects funded under title 23, United States
Code;
(v) place priority on the use of--

(I) diesel retrofit technologies and activities;
(II) cost-effective strategies;
(III) financial incentives using CMAQ resources and State
resources; and
(IV) strategies that maximize health benefits; and

(vi) not include any activities prohibited by paragraph
(4).
(4) State limitations.--Emission reduction strategies may
not--
(A) authorize or recommend the use of bans on equipment or
vehicle use during specified periods of a day;
(B) authorize or recommend the use of contract procedures
that would require retrofit activities, unless funds are made
available by the State under this section or other State
authority to offset the cost of those activities; or
(C) authorize the use of contract procedures that would
discriminate between bidders on the basis of the bidder's
existing equipment or existing vehicle emission technology.
(5) Emission reduction strategy guidance.--The
Administrator, in consultation with the Secretary, shall
publish a nonbinding list of emission reduction strategies
and supporting technical information for--
(A) diesel emission reduction technologies certified or
verified by the Administrator, the California Air Resources
Board, or any other entity recognized by the Administrator
for the same purpose;
(B) diesel emission reduction technologies identified by
the Administrator as having an application and approvable
test plan for verification by the Administrator or the
California Air Resources board that is submitted not later
that 18 months of the date of enactment of this Act;
(C) available information regarding the emission reduction
effectiveness and cost effectiveness of technologies
identified in this paragraph, taking into consideration
health effects;
(D) options and recommendations for the structure and
content of emission reduction strategies including--
(i) emission reduction performance criteria;
(ii) financial incentives that use CMAQ resources and State
resources;
(iii) procedures to facilitate access by contractors to
financial incentives;
(iv) contract incentives, allowances, and procedures;
(v) methods of voluntary emission reductions; and
(vi) other means that may be employed to reduce emissions
from construction activities; and
(6) Use of cmaq funds.--A State may use funds made
available under this title and title 23, United States Code,
for the congestion mitigation and air quality program under
section 149 of title 23, United States Code, to ensure the
deployment of the projects or programs described in section
149(b)(8) of title 23, United States Code.
(7) Limitation.--States shall give priority in distributing
funds received for congestion mitigation and air quality
projects and programs to finance diesel retrofit and cost-
effective emission reduction activities identified by the
States in emission reduction strategies developed under this
subsection.
(8) No effect on authority or restrictions.--Nothing in
this subsection modifies any authority or restriction
established under the clean Air Act (42 U.S.c. 7401 et seq.).
______

SA 682. Mr. INOUYE submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1266, beginning with line 13, strike through line 5
on page 1267 and insert the following:
``(c) Costs-Benefits Requirement.--
``(1) In general.--A grant may be awarded under this
section for a project for the relocation of a rail line only
if the benefits of the project for the period equal to the
estimated economic life of the re-located rail line exceed
the costs of the project for that period, as determined by
the Secretary considering the following factors:
``(A) The effects of the rail line and the rail traffic on
motor vehicle and pedestrian traffic, safety, community
quality of life, and area commerce if the rail line were not
so relocated.
``(B) The effects of the rail line, relocated as proposed,
on motor vehicle and pedestrian traffic, safety, community
quality of life, and area commerce.
``(C) The effects of the rail line, relocated as proposed,
on the freight and passenger rail operations on the rail
line.
``(2) Other projects.--The requirements of paragraph (1) do
not apply to grants awarded for community quality of life
improvements under subsection (b) (1) (A) of this section.
______

SA 683. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1808(b) and insert the following:
(b) Coalfields Expressway, Virginia.--
(1) Designation.--Except as provided in paragrah (2), there
is designated as an addition to the Appalachian Development
Highway System in the State of Virginia Segment B of the
Coalfields Expressway beginning at Corridor B near Pound,
Virginia to Clintwood, Virginia.
(2) Exclusion of portion of corridor h.--The segment of
Corridor H in the State of Virginia beginning at the West
Virginia State line and ending at Interstate Route 81--
(A) shall be excluded from Corridor H;
(B) shall not be eligible for funding after the date of
enactment of this Act; and
(C) may be included on a map of the Appalachian Development
Highway System in the State of Virginia for purposes of
continuity only.
(3) Modification of mileage.--Section 14501(a) of title 40,
United States Code, is amended in the second sentence by
striking ``3,090'' and inserting ``3,088''.
(c) Conforming Amendments.--
(1) Use of toll credits.--Section 120(j)(1) of title 23,
United States Code, is amended by inserting ``and the
Appalachian development highway system program under subtitle
IV of title 40'' after ``(other than the emergency relief
program authorized by section 125''.
(2) Analysis.--The analysis of chapter 1 of title 23,
United States Code (as amended by section 1702(b)), is
amended by adding at the end the following:

``170. Appalachian development highway system.''.
______

SA 684. Mr. STEVENS submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 38, line 13, strike ``$28,158,868'' and insert
``$70,000,000''.
______

SA 685. Mrs. STEVENS submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 50, strike lines 16 through 18, and insert the
following:
(c) Alaska Highway.--Section 104(b)(1)(A) of title 23,
United States Code, is amended by striking ``$18,800,000 for
each of fiscal years 1998 through 2002'' and inserting
``$30,000,000 for each of fiscal years 2005 through 2009''.
______

SA 686. Mr. WARNER submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 1606(a)(1)(B) and insert the following:
(B) Seriously degraded.--The term ``seriously degraded'',
with respect to high occupancy vehicle lanes, means that an
high occupancy vehicle facility fails to maintain a minimum
average operating speed of no less than 5 miles per hour
below the speed limit, 90 percent of the time, over a
consecutive 3-month period during the weekday peak travel
periods.
______

SA 687. Mrs. HUTCHISON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 52, line 19, strike ``92'' and insert ``93.06''.
On page 53, strike lines 8 through 19 and insert the
following:
``(B) for a State with a total population density of less
than 30 persons per square mile, as reported in the decennial
census conducted by the Federal Government in 2000, the
greater of--
On page 55, line 17, strike ``115'' and insert ``100''.
On page 56, line 18, strike ``91'' and insert ``93.06''.

[[Page S4984]]

On page 56, line 19, strike ``92'' and insert ``93.06''.
Beginning on page 56, strike line 20 and all that follows
through page 57, line 16.
On page 57, line 17, strike ``(e)'' and insert ``(d)''.
On page 58, line 7, strike ``(f)'' and insert ``(e)''.
On page 58, line 11, strike ``(g)'' and insert ``(f)''.
______

SA 688. Mr. ALLARD submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 162, line 18, strike ``and''.
On page 162, line 22, strike the period and insert ``;
and''.
On page 162, after line 22, insert the following:
(5) by adding at the end the following:
``(l) Notification of pending discretionary grants.--Not
less than 3 full business days before announcement of award
by the Secretary of any discretionary grant, letter of
intent, of full funding grant agreement totaling $1,000,000
or more, the Secretary shall notify the Committees on
Banking, Housing, and Urban Affairs and Appropriations of the
Senate and Committees on Transportation and Infrastructure
and Appropriation of the House of Representatives.''.
______

SA 689. Mrs. CLINTON (for herself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 352, strike lines 5 through 9 and insert the
following:
ation Area; and
(ii) $46,931,446 to the State of Missouri for construction
of a structure over the Mississippi River to connect the city
of St. Louis, Missouri, to the State of Illinois; and
(iii) $46,931,446 to the State of New York for planning,
design, and construction of the Peace Bridge connecting
Buffalo, New York with Canada.
______

SA 690. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 17__. HOURS OF SERVICE FOR OPERATORS OF HELICOPTER
SUPPORT VEHICLES ENGAGED IN ACTIVE FIRE
SUPPRESSION ACTIVITIES.

Section 345 of the National Highway System Designation Act
of 1995 (49 U.S.C. 31136 note; 109 Stat. 613) is amended--
(1) in subsection (a), by adding at the end the following:
``(6) Operators of helicopter support vehicles engaged in
active fire suppression activities.--
``(A) Inapplicability of federal regulations.--Regulations
described in paragraph (1) shall not apply to a driver of a
vehicle engaged in the support of a helicopter engaged in
active fire suppression activities.
``(B) Prohibition on state regulations.--A State, a
political subdivision of a State, an interstate agency, or an
entity consisting of 2 or more States shall not enact or
enforce any law, rule, regulation, or standard that imposes a
requirement that is similar to a requirement contained in the
regulations described in paragraph (1) on a driver of a
vehicle engaged in the support of a helicopter engaged in
active fire suppression activities.'';
(2) in subsection (b), by striking ``Nothing'' and
inserting ``Except as provided in subsection (a)(6),
nothing''; and
(3) in the first sentence of subsection (c), by striking
``paragraph (2)'' and inserting ``an exemption under
paragraph (2) or (6) of subsection (a)''.
______

SA 691. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. WAIVER FOR NOT-FOR-HIRE FARM TRUCKS.

If a State provides clear and convincing evidence, based on
objective safety data, that not-for-hire farm trucks used
exclusively for transporting agricultural products to markets
within 150 miles of the farms from which such products
originated do not pose a significant safety risk, the
Secretary of Transportation may waive, for purposes of such
vehicles, any provision of--
(1) part B of subtitle IV of title 49, United States Code;
(2) part B of subtitle VI of title 49, United States Code;
or
(3) chapter III of title 49, Code of Federal Regulations.
______

SA 692. Mrs. CLINTON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 325, strike line 9 and all that follows
through page 326, line 16 and insert the following:
(3) in subsection (d)--
On page 335, line 3, strike ``(5)'' and insert ``(4)''.
______

SA 693. Mr. DODD submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ___. ONE-YEAR DELAY IN THE TRANSFER OF RESPONSIBILITY
FOR MEDICARE APPEALS.

(a) Delay in the Transfer.--
(1) In general.--Section 931(b)(1) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173; 117 Stat. 2398) is amended by striking
``Not earlier than July 1, 2005, and not later than October
1, 2005'' and inserting ``Not earlier than July 1, 2006, and
not later than October 1, 2006''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of section
931(b) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat.
2398).
(b) Sense of the Senate.--It is the sense of the Senate
that the Commissioner of Social Security and the Secretary of
Health and Human Services, in implementing the transition
plan for the transfer of responsibility for medicare appeals
pursuant to section 931(b) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-
173; 117 Stat. 2398), should ensure that--
(1) if a medicare beneficiary requests a hearing before an
administrative law judge, such hearing shall be in-person
unless such individual requests that the hearing be conducted
using tele- or video conference technologies and the time
frame for such a judge to decide an appeal is not different
for hearings conducted in-person and hearings using tele- or
video conference technologies;
(2) in providing for the geographic distribution of
administrative law judges, there are a sufficient number of
hearing sites to ensure adequate access to such judges by
medicare beneficiaries and medicare providers; and
(3) in order to provide for the independence of
administrative law judges from the Centers for Medicare &
Medicaid Services and its contractors, such judges are bound
only by applicable statutes, regulations, and rulings issued
in accordance with subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedures Act'') and are not required to
give substantial deference to local coverage determinations,
local medical review policies, or Centers for Medicare &
Medicaid Services program guidance.
______

SA 694. Mr. SALAZAR submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 353, strike lines 6 and 7 and insert the following:
Secretary determines that the State has inadequate needs to
justify the expenditure.
``(C) Pilot program.--Not less than 20 percent of the
amount apportioned to the States of Colorado, _________, and
_________, for each of fiscal years 2005 through 2009 shall
be expended for off-system bridge pilot projects.'';
______

SA 695. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of the amendment add the following:

SEC.__. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

(a) Transit Pass Transportation Fringe Benefits Study.--

[[Page S4985]]

(1) Study.--The Secretary of Transportation shall conduct a
study on tax-free transit benefits and ways to promote
improved access to and increased usage of such benefits, at
Federal agencies in the National Capital Region, including
agencies not currently offering the benefit.
(2) Content.--The study under this subsection shall
include--
(A) an examination of how agencies offering the benefit
make its availability known to their employees and the
methods agencies use to deliver the benefit to employees,
including examples of best practices; and
(B) an analysis of the impact of Federal employees' use of
transit on traffic congestion and pollution in the National
Capital Region.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the results of the study under this subsection.
(b) Authority to Use Government Vehicles To Transport
Federal Employees Between Their Place of Employment and Mass
Transit Facilities.--
(1) In general.--Section 1344 of title 31, United States
Code, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g)(1) A passenger carrier may be used to transport an
officer or employee of a Federal agency between the officer's
or employee's place of employment and a mass transit facility
(whether or not publicly owned) in accordance with succeeding
provisions of this subsection.
``(2) Notwithstanding section 1343, a Federal agency that
provides transportation services under this subsection
(including by passenger carrier) shall absorb the costs of
such services using any funds available to such agency,
whether by appropriation or otherwise.
``(3) In carrying out this subsection, a Federal agency
shall--
``(A) to the maximum extent practicable, use alternative
fuel vehicles to provide transportation services;
``(B) to the extent consistent with the purposes of this
subsection, provide transportation services in a manner that
does not result in additional gross income for Federal income
tax purposes; and
``(C) coordinate with other Federal agencies to share, and
otherwise avoid duplication of, transportation services
provided under this subsection.
``(4) For purposes of any determination under chapter 81 of
title 5, an individual shall not be considered to be in the
`performance of duty' by virtue of the fact that such
individual is receiving transportation services under this
subsection.
``(5)(A) The Administrator of General Services, after
consultation with the National Capital Planning Commission
and other appropriate agencies, shall prescribe any
regulations necessary to carry out this subsection.
``(B) Transportation services under this subsection shall
be subject neither to the last sentence of subsection (d)(3)
nor to any regulations under the last sentence of subsection
(e)(1).
``(6) In this subsection, the term `passenger carrier'
means a passenger motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned or leased
by the United States Government or the government of the
District of Columbia.''.
(2) Funds for maintenance, repair, etc.--Subsection (a) of
section 1344 of title 31, United States Code, is amended by
adding at the end the following:
``(3) For purposes of paragraph (1), the transportation of
an individual between such individual's place of employment
and a mass transit facility pursuant to subsection (g) is
transportation for an official purpose.''.
(3) Coordination.--The authority to provide transportation
services under section 1344(g) of title 31, United States
Code (as amended by paragraph (1)) shall be in addition to
any authority otherwise available to the agency involved.
______

SA 697. Mr. MARTINEZ submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 846, after line 6, insert the following:
(m) Miami Metrorail.--The Secretary may credit funds
provided by the Florida Department of Transportation for the
extension of the Miami Metrorail System from Earlington
Heights to the Miami Intermodal Center to satisfy the
matching requirements of section 5309(h)(4) of title 49,
United Stated Code, for the Miami North Corridor and Miami
East-West Corridor projects.
______

SA 698. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. __. ADVANCED TECHNOLOGY PROGRAM.

(a) Repeal.--Section 28 of the Act of March 3, 1901 (15
U.S.C. 278n) is repealed.
(b) Limitation on Use of Federal Funds.--Notwithstanding
any other provision of law, no Federal funds may be expended
to carry out the Advanced Technology Program after the date
of enactment of this Act.

SEC. __. APPLIED RESEARCH FOR FOSSIL FUELS.

Notwithstanding any other provision of law, the Secretary
of Energy shall not carry out any program that conducts, or
provides assistance for, applied research for fossil fuels.

SEC. __. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

The Neotropical Migratory Bird Conservation Act (16 U.S.C.
6101 et seq.) is repealed.

SEC. __. UNITED STATES TRAVEL AND TOURISM PROGRAM.

Section 210 of the Consolidated Appropriations Resolution,
2003 (Public Law 108-7; 117 Stat. 78) is repealed and no
funds may be expended for the United States Travel and
Tourism Promotion Program on or after the date of enactment
of this Act.

SEC. __. INTER-AMERICAN FOUNDATION.

(a) Repeal.--Section 401 of the Foreign Assistance Act of
1969 (22 U.S.C. 290f) is repealed.
(b) Prohibition on Expenditure of Funds.--No funds may be
expended for the Inter-American Foundation on or after the
date enactment of this Act.
______

SA 699. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. 16__. INTER-AMERICAN FOUNDATION.

(a) Repeal.--Section 401 of the Foreign Assistance Act of
1969 (22 U.S.C. 290f) is repealed.
(b) Prohibition on Expenditure of Funds.--No funds may be
expended for the Inter-American Foundation on or after the
date enactment of this Act.
______

SA 700. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. __. APPLIED RESEARCH FOR FOSSIL FUELS.

Notwithstanding any other provision of law, the Secretary
of Energy shall not carry out any program that conducts, or
provides assistance for, applied research for fossil fuels.
______

SA 701. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. ADVANCED TECHNOLOGY PROGRAM.

(a) Repeal.--Section 28 of the Act of March 3, 1901 (15
U.S.C. 278n) is repealed.
(b) Limitation on Use of Federal Funds.--Notwithstanding
any other provision of law, no Federal funds may be expended
to carry out the Advanced Technology Program after the date
of enactment of this Act.
______

SA 702. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. 16__. UNITED STATES TRAVEL AND TOURISM PROGRAM.

Section 210 of the Consolidated Appropriations Resolution,
2003 (Public Law 108-7; 117 Stat. 78) is repealed and no
funds may be expended for the United States Travel and
Tourism Promotion Program on or after the date of enactment
of this Act.
______

SA 703. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which

[[Page S4986]]

was ordered to lie on the table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. 16__. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

The Neotropical Migratory Bird Conservation Act (16 U.S.C.
6101 et seq.) is repealed.
______

SA 704. Mr. VOINOVICH submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 566, strike lines 2 through 9 and insert the
following:
``(C) blast furnace slag aggregate;
``(D) silica fume;
``(E) foundry sand; and
``(F) any other waste material or byproduct recovered or
diverted from solid waste that the Administrator, in
consultation with an agency head, determines should be
treated as recovered mineral component under this section for
use in cement or concrete projects paid for, in whole or in
part, by the agency head.
______

SA 705. Ms. SNOWE (herself and Ms. Collins) submitted an amendment
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to
the bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

On page 38, after line 24, add the following:
(b) Availability of Funds.--Notwithstanding any other
provision of law, amounts authorized to be appropriated under
section 1101(5) that are made available to the State of Maine
may be used to support, through September 30, 2009, the
operation of passenger rail service between Boston,
Massachusetts, and Portland, Maine.
______

SA 706. Ms. SNOWE submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. 18__. VEHICLE WEIGHT LIMITATIONS IN MAINE.

Section 127(a) of title 23, United States Code, is amended
in the last sentence by striking ``respect to that portion''
and all that follows through ``New Hampshire State line,''
and inserting ``respect to Interstate Routes 95, 195, 295,
and 395 in the State of Maine,''.
______

SA 707. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 582, after line 25, add the following:

SEC. 5204. VOLUMETRIC EXCISE TAX CREDIT FOR ALTERNATIVE
FUELS.

(a) Imposition of Tax.--
(1) In general.--Section 4081(a)(2)(A) (relating to rates
of tax), as amended by section 5611 of this Act, is amended--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking the period at the end of clause (iii), and
(C) by adding at the end the following new clauses:
``(iv) in the case of liquefied petroleum gas and P Series
Fuels, 18.3 cents per gallon,
``(v) in the case of compressed natural gas and hydrogen,
18.3 cents per energy equivalent of a gallon of gasoline, and
``(vi) in the case of liquefied natural gas, any liquid
fuel derived from coal (including peat), and liquid
hydrocarbons derived from biomass (as defined in section
29(c)(3)), 24.3 cents per gallon.''.
(2) Treatment of alternative fuel as taxable fuel.--
(A) In general.--Section 4083(a)(1) (defining taxable fuel)
is amended--
(i) by striking ``and'' at the end of subparagraph (B),
(ii) by striking the period at the end of subparagraph (C)
and inserting ``, and'', and
(iii) by adding at the end the following new subparagraph:
``(D) alternative fuel.''.
(B) Definition.--Section 4083(a) is amended by adding at
the end the following new paragraph:
``(4) Alternative fuel.--The term `alternative fuel'
means--
``(A) compressed or liquefied natural gas,
``(B) liquefied petroleum gas,
``(C) P Series Fuels (as defined by the Secretary of Energy
under section 13211(2) of title 42, United States Code,
``(D) hydrogen,
``(E) any liquid fuel derived from coal (including peat),
and
``(F) liquid hydrocarbons derived from biomass (as defined
in section 29(c)(3)).''.
(3) Conforming amendments.--
(A) Section 4041(a), as amended by section 5101 of this
Act, is amended by striking paragraphs (2) and (3) and
inserting the following:
``(2) Special motor fuels.--
``(A) In general.--There is hereby imposed a tax on any
alternative fuel (other than gas oil or fuel oil)--
``(i) sold by any person to an owner, lessee, or other
operator of a motor vehicle or motorboat for use as a fuel in
such motor vehicle or motorboat, or
``(ii) used by any person as a fuel in a motor vehicle or
motorboat unless there was a taxable sale of such fuel under
clause (i).
``(B) Exemption for previously taxed fuel.--No tax shall be
imposed by this paragraph on the sale or use of any
alternative fuel if tax was imposed on such alternative fuel
under section 4081 and the tax thereon was not credited or
refunded.
``(C) Rate of tax.--The rate of the tax imposed by this
paragraph shall be the rate of tax specified in clause (iv),
(v), or (vi) of section 4081(a)(2)(A) on the alternative fuel
which is in effect at the time of such sale or use.
``(D) Bus uses.--No tax shall be imposed by this paragraph
on any sale for use, or use, described in subparagraph (B) or
(C) of section 6427(b)(2) (relating to school bus and
intracity transportation).''.
(B) Section 4041(b)(2) is amended by striking ``2007'' both
places it appears and inserting ``2005''.
(C) Section 4041, as amended by section 5101 of this Act,
is amended by striking subsection (m).
(b) Credit for Alternative Fuel and Alternative Fuel
Mixtures.--
(1) In general.--Section 6426(a) (relating to allowance of
credits) is amended by striking ``plus'' at the end of
paragraph (1), by striking the period at the end of paragraph
(2) and by adding at the end the following new paragraphs:
``(3) the alternative fuel credit, plus
``(4) the alternative fuel mixture credit.''.
(2) Alternative fuel and alternative fuel mixture credit.--
Section 6426 (relating to credit for alcohol fuel and
biodiesel mixtures) is amended by redesignating subsections
(d) and (e) as subsections (f) and (g) and by inserting after
subsection (c) the following new subsection:
``(d) Alternative Fuel Credit.--
``(1) In general.--For purposes of this section, the
alternative fuel credit is the product of 50 cents and the
number of gallons of an alternative fuel or gasoline gallon
equivalents of a nonliquid alternative fuel sold by the
taxpayer for use as a motor fuel in a highway vehicle.
``(2) Alternative fuel.--For purposes of this section, the
term `alternative fuel' has the meaning given such term by
section 4083(a)(4), except such term does not include ethanol
or methanol.
``(3) Gasoline gallon equivalent.--For purposes of this
subsection, the term `gasoline gallon equivalent' means, with
respect to any nonliquid alternative fuel, the amount of such
fuel having a Btu content of 124,800 (higher heating value).
``(4) Termination.--This subsection shall not apply to any
sale, use, or removal for any period after December 31, 2010.
``(e) Alternative Fuel Mixture Credit.--
``(1) In general.--For purposes of this section, the
alternative fuel mixture credit is the product of 50 cents
and the number of gallons of alternative fuel used by the
taxpayer in producing any alternative fuel mixture for sale
or use in a trade or business of the taxpayer.
``(2) Alternative fuel mixture.--For purposes of this
section, the term `alternative fuel mixture' means a mixture
of alternative fuel and taxable fuel (as defined in
subparagraph (A), (B), or (C) of section 4083(a)(1)) which--
``(A) is sold by the taxpayer producing such mixture to any
person for use as fuel in a highway vehicle, or
``(B) is used as a fuel in a highway vehicle by the
taxpayer producing such mixture.
``(3) Termination.--This subsection shall not apply to any
sale, use, or removal for any period after December 31,
2010.''.
(3) Conforming amendments.--
(A) The section heading for section 6426 is amended by
striking ``alcohol fuel and biodiesel'' and inserting
``certain alternative fuel''.
(B) The table of sections for subchapter B of chapter 65 is
amended by striking ``alcohol fuel and biodiesel'' in the
item relating to section 6426 and inserting ``certain
alternative fuel''.
(C) Section 6427(a) is amended by striking ``paragraph (2)
or (3) of section 4041(a) or section 4041(c)'' and inserting
``section 4041(a)(2) or 4041(c)''.
(D) Section 6427(e) is amended--
(i) by inserting ``or the alternative fuel mixture credit''
after ``biodiesel mixture credit'' in paragraph (1),
(ii) by inserting ``or alternative fuel'' after ``section
40A(d)(2))'' in paragraph (2),
(iii) by striking ``and'' at the end of paragraph (3)(A),
(iv) by striking the period at the end of paragraph (3)(B),
(v) by adding at the end of paragraph (3) the following new
subparagraph:
``(C) any alternative fuel or alternative fuel mixture (as
defined in section 6426 (d)(2)

[[Page S4987]]

or (e)(3)) sold or used after December 31, 2010.'', and
(vi) by striking ``or Biodiesel Used To Produce Alcohol
Fuel and Biodiesel Mixtures'' in the heading and inserting
``, Biodiesel, or Alternative Fuel''.
(c) Effective Date.--The amendments made by this section
shall apply to any sale, use, or removal for any period after
December 31, 2005.
______

SA 708. Mr. SANTORUM submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 40, strike lines 16 through 20 and insert the
following:
authority has not lapsed or been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2009, only in an amount
equal to $639,000,000 per fiscal year); and
(11) section 1106 of this Act, to the extent that funds
obligated in accordance with that section were not subject to
a limitation on obligations at the time at which the funds
were initially made available for obligation.
On page 60, between lines 14 and 15, insert the following:

SEC. 1106. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE
PROJECTS.

(a) Definitions.--In this section:
(1) Eligible funds.--
(A) In general.--The term ``eligible funds'' means excess
funds or inactive funds for a specific transportation project
or activity that were--
(i) allocated before fiscal year 1998; and
(ii) designated in a public law, or a report accompanying a
public law, for allocation for the specific surface
transportation project or activity.
(B) Inclusion.--The term ``eligible funds'' includes funds
described in subparagraph (A) that were allocated and
designated for a demonstration project.
(2) Excess funds.--The term ``excess funds'' means--
(A) funds obligated for a specific transportation project
or activity that remain available for the project or activity
after the project or activity has been completed or canceled;
or
(B) an unobligated balance of funds allocated for a
transportation project or activity that the State in which
the project or activity was to be carried out certifies are
no longer needed for the project or activity.
(3) Inactive funds.--The term ``inactive funds'' means--
(A) an obligated balance of Federal funds for a
transportation project or activity against which no
expenditures have been charged during any 1-year period
beginning after the date of obligation of the funds; and
(B) funds that are available to carry out a transportation
project or activity in a State, but, as certified by the
State, are unlikely to be advanced for the project or
activity during the 1-year period beginning on the date of
certification.
(b) Availability for STP Purposes.--Eligible funds shall
be--
(1) made available in accordance with this section to the
State that originally received the funds; and
(2) available for obligation for any eligible purpose under
section 133 of title 23, United States Code.
(c) Retention for Original Purpose.--
(1) In general.--The Secretary may determine that funds
identified as inactive funds shall remain available for the
purpose for which the funds were initially made available if
the applicable State certifies that the funds are necessary
for that initial purpose.
(2) Report.--A certification provided by a State under
paragraph (1) shall include a report on the status of, and an
estimated completion date for, the project that is the
subject of the certification.
(d) Authority to Obligate.--Notwithstanding the original
source or period of availability of eligible funds, the
Secretary may, on the request by a State--
(1) obligate the funds for any eligible purpose under
section 133 of title 23, United States Code; or
(2)(A) deobligate the funds; and
(B) reobligate the funds for any eligible purpose under
that section.
(e) Applicability.--
(1) In general.--Subject to paragraph (2), this section
applies to all eligible funds.
(2) Discretionary allocations; section 125 projects.--This
section does not apply to funds that are--
(A) allocated at the discretion of the Secretary and for
which the Secretary has the authority to withdraw the
allocation for use on other projects; or
(B) made available to carry out projects under section 125
of title 23, United States Code.
(f) Period of Availability; Title  23 Requirements.--
(1) In general.--Notwithstanding the original source or
period of availability of eligible funds obligated, or
deobligated and reobligated, under subsection (d), the
eligible funds--
(A) shall remain available for obligation for a period of 3
fiscal years after the fiscal year in which this Act is
enacted; and
(B) except as provided in paragraph (2), shall be subject
to the requirements of title 23, United States Code, that
apply to section 133 of that title, including provisions
relating to cost-sharing.
(2) Exception.--With respect to eligible funds described in
paragraph (1)--
(A) section 133(d) of title 23, United States Code, shall
not apply; and
(B) the period of availability of the eligible funds shall
be determined in accordance with this section.
(g) Sense of Congress Regarding Use of Eligible Funds.--It
is the sense of Congress that eligible funds made available
under this Act or title 23, United States Code, should be
available for obligation for transportation projects and
activities in the same geographic region for which the
eligible funds were initially made available.
______

SA 709. Ms. COLLINS (for herself and Ms. Snowe) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

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

SEC. __. DESIGNATION OF HIGH PRIORITY CORRIDOR IN NEW YORK,
VERMONT, NEW HAMPSHIRE, AND MAINE.

Section 1105(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115
Stat. 871) is amended by adding at the end the following:
``(46) The East-West Corridor, from Watertown, New York,
continuing northeast through the States of New York, Vermont,
New Hampshire, and Maine, and terminating in Calais,
Maine.''.
______

SA 710. Ms. SNOWE submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

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

SEC. 14__. VEHICLE WEIGHT LIMITATIONS ON THE MAINE TURNPIKE.

The last sentence of section 127(a) of title 23, United
States, is amended by striking ``and 495''.
______

SA 711. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title V, add the following:

Subtitle G--United States Tax Court Modernization

SEC. 5700. SHORT TITLE.

This title may be cited as the ``United States Tax Court
Modernization Act''.

PART I--TAX COURT PROCEDURE

SEC. 5701. JURISDICTION OF TAX COURT OVER COLLECTION DUE
PROCESS CASES.

(a) In General.--Paragraph (1) of section 6330(d) (relating
to proceeding after hearing) is amended to read as follows:
``(1) Judicial review of determination.--The person may,
within 30 days of a determination under this section, appeal
such determination to the Tax Court (and the Tax Court shall
have jurisdiction with respect to such matter).''.
(b) Effective Date.--The amendment made by this section
shall apply to determinations made after the date which is 60
days after the date of the enactment of this Act.

SEC. 5702. AUTHORITY FOR SPECIAL TRIAL JUDGES TO HEAR AND
DECIDE CERTAIN EMPLOYMENT STATUS CASES.

(a) In General.--Section 7443A(b) (relating to proceedings
which may be assigned to special trial judges) is amended by
striking ``and'' at the end of paragraph (4), by
redesignating paragraph (5) as paragraph (6), and by
inserting after paragraph (4) the following new paragraph:
``(5) any proceeding under section 7436(c), and''.
(b) Conforming Amendment.--Section 7443A(c) is amended by
striking ``or (4)'' and inserting ``(4), or (5)''.
(c) Effective Date.--The amendments made by this section
shall apply to any proceeding under section 7436(c) of the
Internal Revenue Code of 1986 with respect to which a
decision has not become final (as determined under section
7481 of such Code) before the date of the enactment of this
Act.

SEC. 5703. CONFIRMATION OF AUTHORITY OF TAX COURT TO APPLY
DOCTRINE OF EQUITABLE RECOUPMENT.

(a) Confirmation of Authority of Tax Court To Apply
Doctrine of Equitable Recoupment.--Section 6214(b) (relating
to jurisdiction over other years and quarters) is amended by
adding at the end the following new sentence:
``Notwithstanding the preceding sentence, the Tax Court may
apply the doctrine of equitable recoupment to the same extent
that it is available in civil tax cases before the district
courts of the United

[[Page S4988]]

States and the United States Court of Federal Claims.''.
(b) Effective Date.--The amendment made by this section
shall apply to any action or proceeding in the United States
Tax Court with respect to which a decision has not become
final (as determined under section 7481 of the Internal
Revenue Code of 1986) as of the date of the enactment of this
Act.

SEC. 5704. TAX COURT FILING FEE IN ALL CASES COMMENCED BY
FILING PETITION.

(a) In General.--Section 7451 (relating to fee for filing a
Tax Court petition) is amended by striking all that follows
``petition'' and inserting a period.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 5705. AMENDMENTS TO APPOINT EMPLOYEES.

(a) In General.--Subsection (a) of section 7471 (relating
to Tax Court employees) is amended to read as follows:
``(a) Appointment and Compensation.--
``(1) Clerk.--The Tax Court may appoint a clerk without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service. The clerk
shall serve at the pleasure of the Tax Court.
``(2) Law clerks and secretaries.--
``(A) In general.--The judges and special trial judges of
the Tax Court may appoint law clerks and secretaries, in such
numbers as the Tax Court may approve, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service. Any such law clerk
or secretary shall serve at the pleasure of the appointing
judge.
``(B) Exemption from federal leave provisions.--A law clerk
appointed under this subsection shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, United
States Code. Any unused sick leave or annual leave standing
to the employee's credit as of the effective date of this
subsection shall remain credited to the employee and shall be
available to the employee upon separation from the Federal
Government.
``(3) Other employees.--The Tax Court may appoint necessary
employees without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service. Such employees shall be subject to removal by the
Tax Court.
``(4) Pay.--The Tax Court may fix and adjust the
compensation for the clerk and other employees of the Tax
Court without regard to the provisions of chapter 51,
subchapter III of chapter 53, or section 5373 of title 5,
United States Code. To the maximum extent feasible, the Tax
Court shall compensate employees at rates consistent with
those for employees holding comparable positions in the
judicial branch.
``(5) Programs.--The Tax Court may establish programs for
employee evaluations, incentive awards, flexible work
schedules, premium pay, and resolution of employee
grievances.
``(6) Discrimination prohibited.--The Tax Court shall--
``(A) prohibit discrimination on the basis of race, color,
religion, age, sex, national origin, political affiliation,
marital status, or handicapping condition; and
``(B) promulgate procedures for resolving complaints of
discrimination by employees and applicants for employment.
``(7) Experts and consultants.--The Tax Court may procure
the services of experts and consultants under section 3109 of
title 5, United States Code.
``(8) Rights to certain appeals reserved.--Notwithstanding
any other provision of law, an individual who is an employee
of the Tax Court on the day before the effective date of this
subsection and who, as of that day, was entitled to--
``(A) appeal a reduction in grade or removal to the Merit
Systems Protection Board under chapter 43 of title 5, United
States Code,
``(B) appeal an adverse action to the Merit Systems
Protection Board under chapter 75 of title 5, United States
Code,
``(C) appeal a prohibited personnel practice described
under section 2302(b) of title 5, United States Code, to the
Merit Systems Protection Board under chapter 77 of that
title,
``(D) make an allegation of a prohibited personnel practice
described under section 2302(b) of title 5, United States
Code, with the Office of Special Counsel under chapter 12 of
that title for action in accordance with that chapter, or
``(E) file an appeal with the Equal Employment Opportunity
Commission under part 1614 of title 29 of the Code of Federal
Regulations,
shall be entitled to file such appeal or make such an
allegation so long as the individual remains an employee of
the Tax Court.
``(9) Competitive status.--Notwithstanding any other
provision of law, any employee of the Tax Court who has
completed at least 1 year of continuous service under a non-
temporary appointment with the Tax Court acquires a
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
``(10) Merit system principles; prohibited personnel
practices; and preference eligibles.--Any personnel
management system of the Tax Court shall--
``(A) include the principles set forth in section 2301(b)
of title 5, United States Code;
``(B) prohibit personnel practices prohibited under section
2302(b) of title 5, United States Code; and
``(C) in the case of any individual who would be a
preference eligible in the executive branch, the Tax Court
will provide preference for that individual in a manner and
to an extent consistent with preference accorded to
preference eligibles in the executive branch.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date the United States Tax Court
adopts a personnel management system after the date of the
enactment of this Act.

SEC. 5706. EXPANDED USE OF TAX COURT PRACTICE FEE FOR PRO SE
TAXPAYERS.

(a) In General.--Section 7475(b) (relating to use of fees)
is amended by inserting before the period at the end ``and to
provide services to pro se taxpayers''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

PART II--TAX COURT PENSION AND COMPENSATION

SEC. 5711. ANNUITIES FOR SURVIVORS OF TAX COURT JUDGES WHO
ARE ASSASSINATED.

(a) Eligibility in Case of Death by Assassination.--
Subsection (h) of section 7448 (relating to annuities to
surviving spouses and dependent children of judges) is
amended to read as follows:
``(h) Entitlement to Annuity.--
``(1) In general.--
``(A) Annuity to surviving spouse.--If a judge described in
paragraph (2) is survived by a surviving spouse but not by a
dependent child, there shall be paid to such surviving spouse
an annuity beginning with the day of the death of the judge
or following the surviving spouse's attainment of the age of
50 years, whichever is the later, in an amount computed as
provided in subsection (m).
``(B) Annuity to child.--If such a judge is survived by a
surviving spouse and a dependent child or children, there
shall be paid to such surviving spouse an immediate annuity
in an amount computed as provided in subsection (m), and
there shall also be paid to or on behalf of each such child
an immediate annuity equal to the lesser of--
``(i) 10 percent of the average annual salary of such judge
(determined in accordance with subsection (m)), or
``(ii) 20 percent of such average annual salary, divided by
the number of such children.
``(C) Annuity to surviving dependent children.--If such a
judge leaves no surviving spouse but leaves a surviving
dependent child or children, there shall be paid to or on
behalf of each such child an immediate annuity equal to the
lesser of--
``(i) 20 percent of the average annual salary of such judge
(determined in accordance with subsection (m)), or
``(ii) 40 percent of such average annual salary, divided by
the number of such children.
``(2) Covered judges.--Paragraph (1) applies to any judge
electing under subsection (b)--
``(A) who dies while a judge after having rendered at least
5 years of civilian service computed as prescribed in
subsection (n), for the last 5 years of which the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made or the
salary deductions required by the civil service retirement
laws have actually been made, or
``(B) who dies by assassination after having rendered less
than 5 years of civilian service computed as prescribed in
subsection (n) if, for the period of such service, the salary
deductions provided for by subsection (c)(1) or the deposits
required by subsection (d) have actually been made.
``(3) Termination of annuity.--
``(A) In the case of a surviving spouse.--The annuity
payable to a surviving spouse under this subsection shall be
terminable upon such surviving spouse's death or such
surviving spouse's remarriage before attaining age 55.
``(B) In the case of a child.--The annuity payable to a
child under this subsection shall be terminable upon (i) the
child attaining the age of 18 years, (ii) the child's
marriage, or (iii) the child's death, whichever first occurs,
except that if such child is incapable of self-support by
reason of mental or physical disability the child's annuity
shall be terminable only upon death, marriage, or recovery
from such disability.
``(C) In the case of a dependent child after death of
surviving spouse.--In case of the death of a surviving spouse
of a judge leaving a dependent child or children of the judge
surviving such spouse, the annuity of such child or children
shall be recomputed and paid as provided in paragraph (1)(C).
``(D) Recomputation.--In any case in which the annuity of a
dependent child is terminated under this subsection, the
annuities of any remaining dependent child or children, based
upon the service of the same judge, shall be recomputed and
paid as though the child whose annuity was so terminated had
not survived such judge.
``(4) Special rule for assassinated judges.--In the case of
a survivor or survivors of a judge described in paragraph
(2)(B), there shall be deducted from the annuities otherwise
payable under this section an amount equal to--
``(A) the amount of salary deductions provided for by
subsection (c)(1) that would have been made if such
deductions had been made for 5 years of civilian service
computed as

[[Page S4989]]

prescribed in subsection (n) before the judge's death,
reduced by
``(B) the amount of such salary deductions that were
actually made before the date of the judge's death.''.
(b) Definition of Assassination.--Section 7448(a) (relating
to definitions) is amended by adding at the end the following
new paragraph:
``(8) The terms `assassinated' and `assassination' mean the
killing of a judge that is motivated by the performance by
that judge of his or her official duties.''.
(c) Determination of Assassination.--Subsection (i) of
section 7448 is amended--
(1) by striking the subsection heading and inserting the
following:
``(i) Determinations by Chief Judge.--
``(1) Dependency and disability.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Assassination.--The chief judge shall determine
whether the killing of a judge was an assassination, subject
to review only by the Tax Court. The head of any Federal
agency that investigates the killing of a judge shall provide
information to the chief judge that would assist the chief
judge in making such a determination.''.
(d) Computation of Annuities.--Subsection (m) of section
7448 is amended--
(1) by striking the subsection heading and inserting the
following:
``(m) Computation of Annuities.--
``(1) In general.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Assassinated judges.--In the case of a judge who is
assassinated and who has served less than 3 years, the
annuity of the surviving spouse of such judge shall be based
upon the average annual salary received by such judge for
judicial service.''.
(e) Other Benefits.--Section 7448 is amended by adding at
the end the following:
``(u) Other Benefits.--In the case of a judge who is
assassinated, an annuity shall be paid under this section
notwithstanding a survivor's eligibility for or receipt of
benefits under chapter 81 of title 5, United States Code,
except that the annuity for which a surviving spouse is
eligible under this section shall be reduced to the extent
that the total benefits paid under this section and chapter
81 of that title for any year would exceed the current salary
for that year of the office of the judge.''.

SEC. 5712. COST-OF-LIVING ADJUSTMENTS FOR TAX COURT JUDICIAL
SURVIVOR ANNUITIES.

(a) In General.--Subsection (s) of section 7448 (relating
to annuities to surviving spouses and dependent children of
judges) is amended to read as follows:
``(s) Increases in Survivor Annuities.--Each time that an
increase is made under section 8340(b) of title 5, United
States Code, in annuities payable under subchapter III of
chapter 83 of that title, each annuity payable from the
survivors annuity fund under this section shall be increased
at the same time by the same percentage by which annuities
are increased under such section 8340(b).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to increases made under section
8340(b) of title 5, United States Code, in annuities payable
under subchapter III of chapter 83 of that title, taking
effect after the date of the enactment of this Act.

SEC. 5713. LIFE INSURANCE COVERAGE FOR TAX COURT JUDGES.

(a) In General.--Section 7447 (relating to retirement of
judges) is amended by adding at the end the following new
subsection:
``(j) Life Insurance Coverage.--For purposes of chapter 87
of title 5, United States Code (relating to life insurance),
any individual who is serving as a judge of the Tax Court or
who is retired under this section is deemed to be an employee
who is continuing in active employment.''.
(b) Effective Date.--The amendment made by this section
shall apply to any individual serving as a judge of the
United States Tax Court and to any retired judge of the
United States Tax Court on or after the date of the enactment
of this Act.

SEC. 5714. COST OF LIFE INSURANCE COVERAGE FOR TAX COURT
JUDGES AGE 65 OR OVER.

Section 7472 (relating to expenditures) is amended by
inserting after the first sentence the following new
sentence: ``Notwithstanding any other provision of law, the
Tax Court is authorized to pay on behalf of its judges, age
65 or over, any increase in the cost of Federal Employees'
Group Life Insurance imposed after April 24, 1999, including
any expenses generated by such payments, as authorized by the
chief judge in a manner consistent with such payments
authorized by the Judicial Conference of the United States
pursuant to section 604(a)(5) of title 28, United States
Code.''.

SEC. 5715. MODIFICATION OF TIMING OF LUMP-SUM PAYMENT OF
JUDGES' ACCRUED ANNUAL LEAVE.

(a) In General.--Section 7443 (relating to membership of
the Tax Court) is amended by adding at the end the following
new subsection:
``(h) Lump-Sum Payment of Judges' Accrued Annual Leave.--
Notwithstanding the provisions of sections 5551 and 6301 of
title 5, United States Code, when an individual subject to
the leave system provided in chapter 63 of that title is
appointed by the President to be a judge of the Tax Court,
the individual shall be entitled to receive, upon appointment
to the Tax Court, a lump-sum payment from the Tax Court of
the accumulated and accrued current annual leave standing to
the individual's credit as certified by the agency from which
the individual resigned.''.
(b) Effective Date.--The amendment made by this section
shall apply to any judge of the United States Tax Court who
has an outstanding leave balance on the date of the enactment
of this Act and to any individual appointed by the President
to serve as a judge of the United States Tax Court after such
date.

SEC. 5716. PARTICIPATION OF TAX COURT JUDGES IN THE THRIFT
SAVINGS PLAN.

(a) In General.--Section 7447 (relating to retirement of
judges), as amended by this Act, is amended by adding at the
end the following new subsection:
``(k) Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--A judge of the Tax Court may elect to
contribute to the Thrift Savings Fund established by section
8437 of title 5, United States Code.
``(B) Period of election.--An election may be made under
this paragraph as provided under section 8432(b) of title 5,
United States Code, for individuals subject to chapter 84 of
such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided in this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United
States Code, shall apply with respect to a judge who makes an
election under paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed by a
judge to the Thrift Savings Fund in any pay period shall not
exceed the maximum percentage of such judge's basic pay for
such period as allowable under section 8440f of title 5,
United States Code. Basic pay does not include any retired
pay paid pursuant to this section.
``(B) Contributions for benefit of judge.--No contributions
may be made for the benefit of a judge under section 8432(c)
of title 5, United States Code.
``(C) Applicability of section 8433(b) of title 5 whether
or not judge retires.--Section 8433(b) of title 5, United
States Code, applies with respect to a judge who makes an
election under paragraph (1) and who either--
``(i) retires under subsection (b), or
``(ii) ceases to serve as a judge of the Tax Court but does
not retire under subsection (b).
Retirement under subsection (b) is a separation from service
for purposes of subchapters III and VII of chapter 84 of that
title.
``(D) Applicability of section 8351(b)(5) of title 5.--The
provisions of section 8351(b)(5) of title 5, United States
Code, shall apply with respect to a judge who makes an
election under paragraph (1).
``(E) Exception.--Notwithstanding subparagraph (C), if any
judge retires under this section, or resigns without having
met the age and service requirements set forth under
subsection (b)(2), and such judge's nonforfeitable account
balance is less than an amount that the Executive Director of
the Office of Personnel Management prescribes by regulation,
the Executive Director shall pay the nonforfeitable account
balance to the participant in a single payment.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.

SEC. 5717. EXEMPTION OF TEACHING COMPENSATION OF RETIRED
JUDGES FROM LIMITATION ON OUTSIDE EARNED
INCOME.

(a) In General.--Section 7447 (relating to retirement of
judges), as amended by this Act, is amended by adding at the
end the following new subsection:
``(l) Teaching Compensation of Retired Judges.--For
purposes of the limitation under section 501(a) of the Ethics
in Government Act of 1978 (5 U.S.C. App.), any compensation
for teaching approved under section 502(a)(5) of such Act
shall not be treated as outside earned income when received
by a judge of the Tax Court who has retired under subsection
(b) for teaching performed during any calendar year for which
such a judge has met the requirements of subsection (c), as
certified by the chief judge of the Tax Court.''.
(b) Effective Date.--The amendment made by this section
shall apply to any individual serving as a retired judge of
the United States Tax Court on or after the date of the
enactment of this Act.

SEC. 5718. GENERAL PROVISIONS RELATING TO MAGISTRATE JUDGES
OF THE TAX COURT.

(a) Title of Special Trial Judge Changed to Magistrate
Judge of the Tax Court.--The heading of section 7443A is
amended to read as follows:

``SEC. 7443A. MAGISTRATE JUDGES OF THE TAX COURT.''.

(b) Appointment, Tenure, and Removal.--Subsection (a) of
section 7443A is amended to read as follows:
``(a) Appointment, Tenure, and Removal.--
``(1) Appointment.--The chief judge may, from time to time,
appoint and reappoint magistrate judges of the Tax Court for
a term of 8 years. The magistrate judges of the Tax Court
shall proceed under such rules as may be promulgated by the
Tax Court.
``(2) Removal.--Removal of a magistrate judge of the Tax
Court during the term for which he or she is appointed shall
be only for

[[Page S4990]]

incompetency, misconduct, neglect of duty, or physical or
mental disability, but the office of a magistrate judge of
the Tax Court shall be terminated if the judges of the Tax
Court determine that the services performed by the magistrate
judge of the Tax Court are no longer needed. Removal shall
not occur unless a majority of all the judges of the Tax
Court concur in the order of removal. Before any order of
removal shall be entered, a full specification of the charges
shall be furnished to the magistrate judge of the Tax Court,
and he or she shall be accorded by the judges of the Tax
Court an opportunity to be heard on the charges.''.
(c) Salary.--Section 7443A(d) (relating to salary) is
amended by striking ``90'' and inserting ``92''.
(d) Exemption From Federal Leave Provisions.--Section 7443A
is amended by adding at the end the following new subsection:
``(f) Exemption From Federal Leave Provisions.--
``(1) In general.--A magistrate judge of the Tax Court
appointed under this section shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, United
States Code.
``(2) Treatment of unused leave.--
``(A) After service as magistrate judge.--If an individual
who is exempted under paragraph (1) from the subchapter
referred to in such paragraph was previously subject to such
subchapter and, without a break in service, again becomes
subject to such subchapter on completion of the
individual's service as a magistrate judge, the unused
annual leave and sick leave standing to the individual's
credit when such individual was exempted from this
subchapter is deemed to have remained to the individual's
credit.
``(B) Computation of annuity.--In computing an annuity
under section 8339 of title 5, United States Code, the total
service of an individual specified in subparagraph (A) who
retires on an immediate annuity or dies leaving a survivor or
survivors entitled to an annuity includes, without regard to
the limitations imposed by subsection (f) of such section
8339, the days of unused sick leave standing to the
individual's credit when such individual was exempted from
subchapter I of chapter 63 of title 5, United States Code,
except that these days will not be counted in determining
average pay or annuity eligibility.
``(C) Lump sum payment.--Any accumulated and current
accrued annual leave or vacation balances credited to a
magistrate judge as of the date of the enactment of this
subsection shall be paid in a lump sum at the time of
separation from service pursuant to the provisions and
restrictions set forth in section 5551 of title 5, United
States Code, and related provisions referred to in such
section.''.
(e) Conforming Amendments.--
(1) The heading of subsection (b) of section 7443A is
amended by striking ``Special Trial Judges'' and inserting
``Magistrate Judges of the Tax Court''.
(2) Section 7443A(b) is amended by striking ``special trial
judges of the court'' and inserting ``magistrate judges of
the Tax Court''.
(3) Subsections (c) and (d) of section 7443A are amended by
striking ``special trial judge'' and inserting ``magistrate
judge of the Tax Court'' each place it appears.
(4) Section 7443A(e) is amended by striking ``special trial
judges'' and inserting ``magistrate judges of the Tax
Court''.
(5) Section 7456(a) is amended by striking ``special trial
judge'' each place it appears and inserting ``magistrate
judge''.
(6) Subsection (c) of section 7471 is amended--
(A) by striking the subsection heading and inserting
``Magistrate Judges of the Tax Court.--'', and
(B) by striking ``special trial judges'' and inserting
``magistrate judges''.

SEC. 5719. ANNUITIES TO SURVIVING SPOUSES AND DEPENDENT
CHILDREN OF MAGISTRATE JUDGES OF THE TAX COURT.

(a) Definitions.--Section 7448(a) (relating to
definitions), as amended by this Act, is amended by
redesignating paragraphs (5), (6), (7), and (8) as paragraphs
(7), (8), (9), and (10), respectively, and by inserting after
paragraph (4) the following new paragraphs:
``(5) The term `magistrate judge' means a judicial officer
appointed pursuant to section 7443A, including any individual
receiving an annuity under section 7443B, or chapters 83 or
84, as the case may be, of title 5, United States Code,
whether or not performing judicial duties under section
7443C.
``(6) The term `magistrate judge's salary' means the salary
of a magistrate judge received under section 7443A(d), any
amount received as an annuity under section 7443B, or
chapters 83 or 84, as the case may be, of title 5, United
States Code, and compensation received under section
7443C.''.
(b) Election.--Subsection (b) of section 7448 (relating to
annuities to surviving spouses and dependent children of
judges) is amended--
(1) by striking the subsection heading and inserting the
following:
``(b) Election.--
``(1) Judges.--'',
(2) by moving the text 2 ems to the right, and
(3) by adding at the end the following new paragraph:
``(2) Magistrate judges.--Any magistrate judge may by
written election filed with the chief judge bring himself or
herself within the purview of this section. Such election
shall be filed not later than the later of 6 months after--
``(A) 6 months after the date of the enactment of this
paragraph,
``(B) the date the judge takes office, or
``(C) the date the judge marries.''.
(c) Conforming Amendments.--
(1) The heading of section 7448 is amended by inserting
``and magistrate judges'' after ``judges''.
(2) The item relating to section 7448 in the table of
sections for part I of subchapter C of chapter 76 is amended
by inserting ``and magistrate judges'' after ``judges''.
(3) Subsections (c)(1), (d), (f), (g), (h), (j), (m), (n),
and (u) of section 7448, as amended by this Act, are each
amended--
(A) by inserting ``or magistrate judge'' after ``judge''
each place it appears other than in the phrase ``chief
judge'', and
(B) by inserting ``or magistrate judge's'' after
``judge's'' each place it appears.
(4) Section 7448(c) is amended--
(A) in paragraph (1), by striking ``Tax Court judges'' and
inserting ``Tax Court judicial officers'',
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and section
7443A(d)'' after ``(a)(4)'', and
(ii) in subparagraph (B), by striking ``subsection (a)(4)''
and inserting ``subsections (a)(4) and (a)(6)''.
(5) Section 7448(g) is amended by inserting ``or section
7443B'' after ``section 7447'' each place it appears, and by
inserting ``or an annuity'' after ``retired pay''.
(6) Section 7448(j)(1) is amended--
(A) in subparagraph (A), by striking ``service or retired''
and inserting ``service, retired'', and by inserting ``, or
receiving any annuity under section 7443B or chapters 83 or
84 of title 5, United States Code,'' after ``section 7447'',
and
(B) in the last sentence, by striking ``subsections (a)(6)
and (7)'' and inserting ``paragraphs (8) and (9) of
subsection (a)''.
(7) Section 7448(m)(1), as amended by this Act, is
amended--
(A) by inserting ``or any annuity under section 7443B or
chapters 83 or 84 of title 5, United States Code'' after
``7447(d)'', and
(B) by inserting ``or 7443B(m)(1)(B) after ``7447(f)(4)''.
(8) Section 7448(n) is amended by inserting ``his years of
service pursuant to any appointment under section 7443A,''
after ``of the Tax Court,''.
(9) Section 3121(b)(5)(E) is amended by inserting ``or
magistrate judge'' before ``of the United States Tax Court''.
(10) Section 210(a)(5)(E) of the Social Security Act is
amended by inserting ``or magistrate judge'' before ``of the
United States Tax Court''.

SEC. 5720. RETIREMENT AND ANNUITY PROGRAM.

(a) Retirement and Annuity Program.--Part I of subchapter C
of chapter 76 is amended by inserting after section 7443A the
following new section:

``SEC. 7443B. RETIREMENT FOR MAGISTRATE JUDGES OF THE TAX
COURT.

``(a) Retirement Based on Years of Service.--A magistrate
judge of the Tax Court to whom this section applies and who
retires from office after attaining the age of 65 years and
serving at least 14 years, whether continuously or otherwise,
as such magistrate judge shall, subject to subsection (f), be
entitled to receive, during the remainder of the magistrate
judge's lifetime, an annuity equal to the salary being
received at the time the magistrate judge leaves office.
``(b) Retirement Upon Failure of Reappointment.--A
magistrate judge of the Tax Court to whom this section
applies who is not reappointed following the expiration of
the term of office of such magistrate judge, and who retires
upon the completion of the term shall, subject to subsection
(f), be entitled to receive, upon attaining the age of 65
years and during the remainder of such magistrate judge's
lifetime, an annuity equal to that portion of the salary
being received at the time the magistrate judge leaves office
which the aggregate number of years of service, not to exceed
14, bears to 14, if--
``(1) such magistrate judge has served at least 1 full term
as a magistrate judge, and
``(2) not earlier than 9 months before the date on which
the term of office of such magistrate judge expires, and not
later than 6 months before such date, such magistrate judge
notified the chief judge of the Tax Court in writing that
such magistrate judge was willing to accept reappointment to
the position in which such magistrate judge was serving.
``(c) Service of at Least 8 Years.--A magistrate judge of
the Tax Court to whom this section applies and who retires
after serving at least 8 years, whether continuously or
otherwise, as such a magistrate judge shall, subject to
subsection (f), be entitled to receive, upon attaining the
age of 65 years and during the remainder of the magistrate
judge's lifetime, an annuity equal to that portion of the
salary being received at the time the magistrate judge leaves
office which the aggregate number of years of service, not to
exceed 14, bears to 14. Such annuity shall be reduced by \1/
6\ of 1 percent for each full month such magistrate judge was
under the age of 65 at the time the magistrate judge left
office, except that such reduction shall not exceed 20
percent.
``(d) Retirement for Disability.--A magistrate judge of the
Tax Court to whom this section applies, who has served at
least 5 years, whether continuously or otherwise, as

[[Page S4991]]

such a magistrate judge, and who retires or is removed from
office upon the sole ground of mental or physical disability
shall, subject to subsection (f), be entitled to receive,
during the remainder of the magistrate judge's lifetime, an
annuity equal to 40 percent of the salary being received at
the time of retirement or removal or, in the case of a
magistrate judge who has served for at least 10 years, an
amount equal to that proportion of the salary being received
at the time of retirement or removal which the aggregate
number of years of service, not to exceed 14, bears to 14.
``(e) Cost-of-Living Adjustments.--A magistrate judge of
the Tax Court who is entitled to an annuity under this
section is also entitled to a cost-of-living adjustment in
such annuity, calculated and payable in the same manner as
adjustments under section 8340(b) of title 5, United States
Code, except that any such annuity, as increased under this
subsection, may not exceed the salary then payable for the
position from which the magistrate judge retired or was
removed.
``(f) Election; Annuity in Lieu of Other Annuities.--
``(1) In general.--A magistrate judge of the Tax Court
shall be entitled to an annuity under this section if the
magistrate judge elects an annuity under this section by
notifying the chief judge of the Tax Court not later than the
later of--
``(A) 5 years after the magistrate judge of the Tax Court
begins judicial service, or
``(B) 5 years after the date of the enactment of this
subsection.
Such notice shall be given in accordance with procedures
prescribed by the Tax Court.
``(2) Annuity in lieu of other annuity.--A magistrate judge
who elects to receive an annuity under this section shall not
be entitled to receive--
``(A) any annuity to which such magistrate judge would
otherwise have been entitled under subchapter III of chapter
83, or under chapter 84 (except for subchapters III and VII),
of title 5, United States Code, for service performed as a
magistrate or otherwise,
``(B) an annuity or salary in senior status or retirement
under section 371 or 372 of title 28, United States Code,
``(C) retired pay under section 7447, or
``(D) retired pay under section 7296 of title 38, United
States Code.
``(3) Coordination with title 5.--A magistrate judge of the
Tax Court who elects to receive an annuity under this
section--
``(A) shall not be subject to deductions and contributions
otherwise required by section 8334(a) of title 5, United
States Code,
``(B) shall be excluded from the operation of chapter 84
(other than subchapters III and VII) of such title 5, and
``(C) is entitled to a lump-sum credit under section
8342(a) or 8424 of such title 5, as the case may be.
``(g) Calculation of Service.--For purposes of calculating
an annuity under this section--
``(1) service as a magistrate judge of the Tax Court to
whom this section applies may be credited, and
``(2) each month of service shall be credited as \1/12\ of
a year, and the fractional part of any month shall not be
credited.
``(h) Covered Positions and Service.--This section applies
to any magistrate judge of the Tax Court or special trial
judge of the Tax Court appointed under this subchapter, but
only with respect to service as such a magistrate judge or
special trial judge after a date not earlier than 9\1/2\
years before the date of the enactment of this subsection.
``(i) Payments Pursuant to Court Order.--
``(1) In general.--Payments under this section which would
otherwise be made to a magistrate judge of the Tax Court
based upon his or her service shall be paid (in whole or in
part) by the chief judge of the Tax Court to another person
if and to the extent expressly provided for in the terms of
any court decree of divorce, annulment, or legal separation,
or the terms of any court order or court-approved property
settlement agreement incident to any court decree of divorce,
annulment, or legal separation. Any payment under this
paragraph to a person bars recovery by any other person.
``(2) Requirements for payment.--Paragraph (1) shall apply
only to payments made by the chief judge of the Tax Court
after the date of receipt by the chief judge of written
notice of such decree, order, or agreement, and such
additional information as the chief judge may prescribe.
``(3) Court defined.--For purposes of this subsection, the
term `court' means any court of any State, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, the Northern
Mariana Islands, or the Virgin Islands, and any Indian tribal
court or courts of Indian offense.
``(j) Deductions, Contributions, and Deposits.--
``(1) Deductions.--Beginning with the next pay period after
the chief judge of the Tax Court receives a notice under
subsection (f) that a magistrate judge of the Tax Court has
elected an annuity under this section, the chief judge shall
deduct and withhold 1 percent of the salary of such
magistrate judge. Amounts shall be so deducted and withheld
in a manner determined by the chief judge. Amounts deducted
and withheld under this subsection shall be deposited in the
Treasury of the United States to the credit of the Tax Court
Judicial Officers' Retirement Fund. Deductions under this
subsection from the salary of a magistrate judge shall
terminate upon the retirement of the magistrate judge or upon
completion of 14 years of service for which contributions
under this section have been made, whether continuously or
otherwise, as calculated under subsection (g), whichever
occurs first.
``(2) Consent to deductions; discharge of claims.--Each
magistrate judge of the Tax Court who makes an election under
subsection (f) shall be deemed to consent and agree to the
deductions from salary which are made under paragraph (1).
Payment of such salary less such deductions (and any
deductions made under section 7448) is a full and complete
discharge and acquittance of all claims and demands for all
services rendered by such magistrate judge during the period
covered by such payment, except the right to those benefits
to which the magistrate judge is entitled under this section
(and section 7448).
``(k) Deposits for Prior Service.--Each magistrate judge of
the Tax Court who makes an election under subsection (f) may
deposit, for service performed before such election for which
contributions may be made under this section, an amount equal
to 1 percent of the salary received for that service. Credit
for any period covered by that service may not be allowed for
purposes of an annuity under this section until a deposit
under this subsection has been made for that period.
``(l) Individual Retirement Records.--The amounts deducted
and withheld under subsection (j), and the amounts deposited
under subsection (k), shall be credited to individual
accounts in the name of each magistrate judge of the Tax
Court from whom such amounts are received, for credit to the
Tax Court Judicial Officers' Retirement Fund.
``(m) Annuities Affected in Certain Cases.--
``(1) 1-year forfeiture for failure to perform judicial
duties.--Subject to paragraph (3), any magistrate judge of
the Tax Court who retires under this section and who fails to
perform judicial duties required of such individual by
section 7443C shall forfeit all rights to an annuity under
this section for a 1-year period which begins on the 1st day
on which such individual fails to perform such duties.
``(2) Permanent forfeiture of retired pay where certain
non-government services performed.--Subject to paragraph (3),
any magistrate judge of the Tax Court who retires under this
section and who thereafter performs (or supervises or directs
the performance of) legal or accounting services in the field
of Federal taxation for the individual's client, the
individual's employer, or any of such employer's clients,
shall forfeit all rights to an annuity under this section
for all periods beginning on or after the first day on
which the individual performs (or supervises or directs
the performance of) such services. The preceding sentence
shall not apply to any civil office or employment under
the Government of the United States.
``(3) Forfeitures not to apply where individual elects to
freeze amount of annuity.--
``(A) In general.--If a magistrate judge of the Tax Court
makes an election under this paragraph--
``(i) paragraphs (1) and (2) (and section 7443C) shall not
apply to such magistrate judge beginning on the date such
election takes effect, and
``(ii) the annuity payable under this section to such
magistrate judge, for periods beginning on or after the date
such election takes effect, shall be equal to the annuity to
which such magistrate judge is entitled on the day before
such effective date.
``(B) Election requirements.--An election under
subparagraph (A)--
``(i) may be made by a magistrate judge of the Tax Court
eligible for retirement under this section, and
``(ii) shall be filed with the chief judge of the Tax
Court.
Such an election, once it takes effect, shall be irrevocable.
``(C) Effective date of election.--Any election under
subparagraph (A) shall take effect on the first day of the
first month following the month in which the election is
made.
``(4) Accepting other employment.--Any magistrate judge of
the Tax Court who retires under this section and thereafter
accepts compensation for civil office or employment under the
United States Government (other than for the performance of
functions as a magistrate judge of the Tax Court under
section 7443C) shall forfeit all rights to an annuity under
this section for the period for which such compensation is
received. For purposes of this paragraph, the term
`compensation' includes retired pay or salary received in
retired status.
``(n) Lump-Sum Payments.--
``(1) Eligibility.--
``(A) In general.--Subject to paragraph (2), an individual
who serves as a magistrate judge of the Tax Court and--
``(i) who leaves office and is not reappointed as a
magistrate judge of the Tax Court for at least 31 consecutive
days,
``(ii) who files an application with the chief judge of the
Tax Court for payment of a lump-sum credit,
``(iii) is not serving as a magistrate judge of the Tax
Court at the time of filing of the application, and
``(iv) will not become eligible to receive an annuity under
this section within 31 days after filing the application,
is entitled to be paid the lump-sum credit. Payment of the
lump-sum credit voids all rights to an annuity under this
section based

[[Page S4992]]

on the service on which the lump-sum credit is based, until
that individual resumes office as a magistrate judge of the
Tax Court.
``(B) Payment to survivors.--Lump-sum benefits authorized
by subparagraphs (C), (D), and (E) of this paragraph shall be
paid to the person or persons surviving the magistrate judge
of the Tax Court and alive on the date title to the payment
arises, in the order of precedence set forth in subsection
(o) of section 376 of title 28, United States Code, and in
accordance with the last 2 sentences of paragraph (1) of that
subsection. For purposes of the preceding sentence, the term
`judicial official' as used in subsection (o) of such section
376 shall be deemed to mean `magistrate judge of the Tax
Court' and the terms `Administrative Office of the United
States Courts' and `Director of the Administrative Office of
the United States Courts' shall be deemed to mean `chief
judge of the Tax Court'.
``(C) Payment upon death of judge before receipt of
annuity.--If a magistrate judge of the Tax Court dies before
receiving an annuity under this section, the lump-sum credit
shall be paid.
``(D) Payment of annuity remainder.--If all annuity rights
under this section based on the service of a deceased
magistrate judge of the Tax Court terminate before the total
annuity paid equals the lump-sum credit, the difference shall
be paid.
``(E) Payment upon death of judge during receipt of
annuity.--If a magistrate judge of the Tax Court who is
receiving an annuity under this section dies, any accrued
annuity benefits remaining unpaid shall be paid.
``(F) Payment upon termination.--Any accrued annuity
benefits remaining unpaid on the termination, except by
death, of the annuity of a magistrate judge of the Tax Court
shall be paid to that individual.
``(G) Payment upon accepting other employment.--Subject to
paragraph (2), a magistrate judge of the Tax Court who
forfeits rights to an annuity under subsection (m)(4) before
the total annuity paid equals the lump-sum credit shall be
entitled to be paid the difference if the magistrate judge of
the Tax Court files an application with the chief judge of
the Tax Court for payment of that difference. A payment under
this subparagraph voids all rights to an annuity on which the
payment is based.
``(2) Spouses and former spouses.--
``(A) In general.--Payment of the lump-sum credit under
paragraph (1)(A) or a payment under paragraph (1)(G)--
``(i) may be made only if any current spouse and any former
spouse of the magistrate judge of the Tax Court are notified
of the magistrate judge's application, and
``(ii) shall be subject to the terms of a court decree of
divorce, annulment, or legal separation, or any court or
court approved property settlement agreement incident to such
decree, if--

``(I) the decree, order, or agreement expressly relates to
any portion of the lump-sum credit or other payment involved,
and
``(II) payment of the lump-sum credit or other payment
would extinguish entitlement of the magistrate judge's spouse
or former spouse to any portion of an annuity under
subsection (i).

``(B) Notification.--Notification of a spouse or former
spouse under this paragraph shall be made in accordance with
such procedures as the chief judge of the Tax Court shall
prescribe. The chief judge may provide under such procedures
that subparagraph (A)(i) may be waived with respect to a
spouse or former spouse if the magistrate judge establishes
to the satisfaction of the chief judge that the whereabouts
of such spouse or former spouse cannot be determined.
``(C) Resolution of 2 or more orders.--The chief judge
shall prescribe procedures under which this paragraph shall
be applied in any case in which the chief judge receives 2 or
more orders or decrees described in subparagraph (A).
``(3) Definition.--For purposes of this subsection, the
term `lump-sum credit' means the unrefunded amount consisting
of--
``(A) retirement deductions made under this section from
the salary of a magistrate judge of the Tax Court,
``(B) amounts deposited under subsection (k) by a
magistrate judge of the Tax Court covering earlier service,
and
``(C) interest on the deductions and deposits which, for
any calendar year, shall be equal to the overall average
yield to the Tax Court Judicial Officers' Retirement Fund
during the preceding fiscal year from all obligations
purchased by the Secretary during such fiscal year under
subsection (o); but does not include interest--
``(i) if the service covered thereby aggregates 1 year or
less, or
``(ii) for the fractional part of a month in the total
service.
``(o) Tax Court Judicial Officers' Retirement Fund.--
``(1) Establishment.--There is established in the Treasury
a fund which shall be known as the `Tax Court Judicial
Officers' Retirement Fund'. Amounts in the Fund are
authorized to be appropriated for the payment of annuities,
refunds, and other payments under this section.
``(2) Investment of fund.--The Secretary shall invest, in
interest bearing securities of the United States, such
currently available portions of the Tax Court Judicial
Officers' Retirement Fund as are not immediately required for
payments from the Fund. The income derived from these
investments constitutes a part of the Fund.
``(3) Unfunded liability.--
``(A) In general.--There are authorized to be appropriated
to the Tax Court Judicial Officers' Retirement Fund amounts
required to reduce to zero the unfunded liability of the
Fund.
``(B) Unfunded liability.--For purposes of subparagraph
(A), the term `unfunded liability' means the estimated
excess, determined on an annual basis in accordance with the
provisions of section 9503 of title 31, United States Code,
of the present value of all benefits payable from the Tax
Court Judicial Officers' Retirement Fund over the sum of--
``(i) the present value of deductions to be withheld under
this section from the future basic pay of magistrate judges
of the Tax Court, plus
``(ii) the balance in the Fund as of the date the unfunded
liability is determined.
``(p) Participation in Thrift Savings Plan.--
``(1) Election to contribute.--
``(A) In general.--A magistrate judge of the Tax Court who
elects to receive an annuity under this section or under
section 5721 of the United States Tax Court Modernization Act
may elect to contribute an amount of such individual's basic
pay to the Thrift Savings Fund established by section 8437 of
title 5, United States Code.
``(B) Period of election.--An election may be made under
this paragraph as provided under section 8432(b) of title 5,
United States Code, for individuals subject to chapter 84 of
such title.
``(2) Applicability of title 5 provisions.--Except as
otherwise provided in this subsection, the provisions of
subchapters III and VII of chapter 84 of title 5, United
States Code, shall apply with respect to a magistrate judge
who makes an election under paragraph (1).
``(3) Special rules.--
``(A) Amount contributed.--The amount contributed by a
magistrate judge to the Thrift Savings Fund in any pay period
shall not exceed the maximum percentage of such judge's basic
pay for such pay period as allowable under section 8440f of
title 5, United States Code.
``(B) Contributions for benefit of judge.--No contributions
may be made for the benefit of a magistrate judge under
section 8432(c) of title 5, United States Code.
``(C) Applicability of section 8433(b) of title 5.--Section
8433(b) of title 5, United States Code, applies with respect
to a magistrate judge who makes an election under paragraph
(1) and--
``(i) who retires entitled to an immediate annuity under
this section (including a disability annuity under subsection
(d) of this section) or section 5721 of the United States Tax
Court Modernization Act,
``(ii) who retires before attaining age 65 but is entitled,
upon attaining age 65, to an annuity under this section or
section 5721 of the United States Tax Court Modernization
Act, or
``(iii) who retires before becoming entitled to an
immediate annuity, or an annuity upon attaining age 65, under
this section or section 5721 of the United States Tax Court
Modernization Act.
``(D) Separation from service.--With respect to a
magistrate judge to whom this subsection applies, retirement
under this section or section 5721 of the United States Tax
Court Modernization Act is a separation from service for
purposes of subchapters III and VII of chapter 84 of title 5,
United States Code.
``(4) Definitions.--For purposes of this subsection, the
terms `retirement' and `retire' include removal from office
under section 7443A(a)(2) on the sole ground of mental or
physical disability.
``(5) Offset.--In the case of a magistrate judge who
receives a distribution from the Thrift Savings Fund and who
later receives an annuity under this section, that annuity
shall be offset by an amount equal to the amount which
represents the Government's contribution to that person's
Thrift Savings Account, without regard to earnings
attributable to that amount. Where such an offset would
exceed 50 percent of the annuity to be received in the first
year, the offset may be divided equally over the first 2
years in which that person receives the annuity.
``(6) Exception.--Notwithstanding clauses (i) and (ii) of
paragraph (3)(C), if any magistrate judge retires under
circumstances making such magistrate judge eligible to make
an election under subsection (b) of section 8433 of title 5,
United States Code, and such magistrate judge's
nonforfeitable account balance is less than an amount that
the Executive Director of the Office of Personnel Management
prescribes by regulation, the Executive Director shall pay
the nonforfeitable account balance to the participant in a
single payment.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter C of chapter 76 is amended by inserting after
the item relating to section 7443A the following new item:

``Sec. 7443B. Retirement for magistrate judges of the Tax Court.''.

SEC. 5721. INCUMBENT MAGISTRATE JUDGES OF THE TAX COURT.

(a) Retirement Annuity Under Title 5 and Section 7443B of
the Internal Revenue Code of 1986.--A magistrate judge of the
United States Tax Court in active service on the date of the
enactment of this Act shall, subject to subsection (b), be
entitled, in lieu of the annuity otherwise provided under the
amendments made by this part, to--

[[Page S4993]]

(1) an annuity under subchapter III of chapter 83, or under
chapter 84 (except for subchapters III and VII), of title 5,
United States Code, as the case may be, for creditable
service before the date on which service would begin to be
credited for purposes of paragraph (2), and
(2) an annuity calculated under subsection (b) or (c) and
subsection (g) of section 7443B of the Internal Revenue Code
of 1986, as added by this Act, for any service as a
magistrate judge of the United States Tax Court or special
trial judge of the United States Tax Court but only with
respect to service as such a magistrate judge or special
trial judge after a date not earlier than 9\1/2\ years prior
to the date of the enactment of this Act (as specified in the
election pursuant to subsection (b)) for which deductions and
deposits are made under subsections (j) and (k) of such
section 7443B, as applicable, without regard to the minimum
number of years of service as such a magistrate judge of the
United States Tax Court, except that--
(A) in the case of a magistrate judge who retired with less
than 8 years of service, the annuity under subsection (c) of
such section 7443B shall be equal to that proportion of the
salary being received at the time the magistrate judge leaves
office which the years of service bears to 14, subject to a
reduction in accordance with subsection (c) of such
section 7443B if the magistrate judge is under age 65 at
the time he or she leaves office, and
(B) the aggregate amount of the annuity initially payable
on retirement under this subsection may not exceed the rate
of pay for the magistrate judge which is in effect on the day
before the retirement becomes effective.
(b) Filing of Notice of Election.--A magistrate judge of
the United States Tax Court shall be entitled to an annuity
under this section only if the magistrate judge files a
notice of that election with the chief judge of the United
States Tax Court specifying the date on which service would
begin to be credited under section 7443B of the Internal
Revenue Code of 1986, as added by this Act, in lieu of
chapter 83 or chapter 84 of title 5, United States Code. Such
notice shall be filed in accordance with such procedures as
the chief judge of the United States Tax Court shall
prescribe.
(c) Lump-Sum Credit Under Title 5.--A magistrate judge of
the United States Tax Court who makes an election under
subsection (b) shall be entitled to a lump-sum credit under
section 8342 or 8424 of title 5, United States Code, as the
case may be, for any service which is covered under section
7443B of the Internal Revenue Code of 1986, as added by this
Act, pursuant to that election, and with respect to which any
contributions were made by the magistrate judge under the
applicable provisions of title 5, United States Code.
(d) Recall.--With respect to any magistrate judge of the
United States Tax Court receiving an annuity under this
section who is recalled to serve under section 7443C of the
Internal Revenue Code of 1986, as added by this Act--
(1) the amount of compensation which such recalled
magistrate judge receives under such section 7443C shall be
calculated on the basis of the annuity received under this
section, and
(2) such recalled magistrate judge of the United States Tax
Court may serve as a reemployed annuitant to the extent
otherwise permitted under title 5, United States Code.
Section 7443B(m)(4) of the Internal Revenue Code of 1986, as
added by this Act, shall not apply with respect to service as
a reemployed annuitant described in paragraph (2).

SEC. 5722. PROVISIONS FOR RECALL.

(a) In General.--Part I of subchapter C of chapter 76, as
amended by this Act, is amended by inserting after section
7443B the following new section:

``SEC. 7443C. RECALL OF MAGISTRATE JUDGES OF THE TAX COURT.

``(a) Recalling of Retired Magistrate Judges.--Any
individual who has retired pursuant to section 7443B or the
applicable provisions of title 5, United States Code, upon
reaching the age and service requirements established
therein, may at or after retirement be called upon by the
chief judge of the Tax Court to perform such judicial duties
with the Tax Court as may be requested of such individual for
any period or periods specified by the chief judge; except
that in the case of any such individual--
``(1) the aggregate of such periods in any 1 calendar year
shall not (without such individual's consent) exceed 90
calendar days, and
``(2) such individual shall be relieved of performing such
duties during any period in which illness or disability
precludes the performance of such duties.
Any act, or failure to act, by an individual performing
judicial duties pursuant to this subsection shall have the
same force and effect as if it were the act (or failure to
act) of a magistrate judge of the Tax Court.
``(b) Compensation.--For the year in which a period of
recall occurs, the magistrate judge shall receive, in
addition to the annuity provided under the provisions of
section 7443B or under the applicable provisions of title 5,
United States Code, an amount equal to the difference between
that annuity and the current salary of the office to which
the magistrate judge is recalled. The annuity of the
magistrate judge who completes that period of service, who is
not recalled in a subsequent year, and who retired under
section 7443B, shall be equal to the salary in effect at the
end of the year in which the period of recall occurred for
the office from which such individual retired.
``(c) Rulemaking Authority.--The provisions of this section
may be implemented under such rules as may be promulgated by
the Tax Court.''.
(b) Conforming Amendment.--The table of sections for part I
of subchapter C of chapter 76, as amended by this Act, is
amended by inserting after the item relating to section 7443B
the following new item:

``Sec. 7443C. Recall of magistrate judges of the Tax Court.''.

SEC. 5723. EFFECTIVE DATE.

Except as otherwise provided, the amendments made by this
part shall take effect on the date of the enactment of this
Act.
______

SA 696. Mr. SARBANES submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of subtitle H of title I, insert the following:

SEC. 1830. ANNUAL REPORT ON ACQUISITIONS OF ARTICLES,
MATERIALS, AND SUPPLIES MANUFACTURED OUTSIDE
THE UNITED STATES.

Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(c) Reports.--
``(1) In general.--Not later than 180 days after the end of
each fiscal year, the head of each Federal agency shall
submit to Congress a report on the acquisitions that were
made of articles, materials, or supplies by the agency in
that fiscal year from entities that manufacture the articles,
materials, or supplies outside the United States.
``(2) Content of report.--The report for a fiscal year
under paragraph (1) shall separately indicate the following
information:
``(A) The dollar value of any articles, materials, or
supplies that were manufactured outside the United States.
``(B) An itemized list of all waivers granted with respect
to such articles, materials, or supplies under this Act.
``(C) A summary of--
``(i) the total procurement funds expended on articles,
materials, and supplies manufactured inside the United
States; and
``(ii) the total procurement funds expended on articles,
materials, and supplies manufactured outside the United
States.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available by posting on an Internet website.''.
______

SA 712. Mr. NELSON of Nebraska submitted an amendment intended to be
proposed to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3,
to authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes; which was ordered to lie
on the table; as follows:

On page 217, between lines 1 and 2, insert the following:

CHAPTER 1--GENERAL PROVISIONS

On page 297, between lines 9 and 10, insert the following:

CHAPTER 2--FUELS SECURITY

SEC. 1641. SHORT TITLE.

Short Title.--This chapter may be cited as the ``Fuels
Security Act of 2005''.

Subchapter A--General Provisions

SEC. 1651. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.

(a) In General.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended--
(1) by redesignating subsection (o) as subsection (q); and
(2) by inserting after subsection (n) the following:
``(o) Renewable Fuel Program.--
``(1) Definitions.--In this subsection:
``(A) Ethanol.--
``(i) Cellulosic biomass ethanol.--The term `cellulosic
biomass ethanol' means ethanol derived from any
lignocellulosic or hemicellulosic matter that is available on
a renewable or recurring basis, including--

``(I) dedicated energy crops and trees;
``(II) wood and wood residues;
``(III) plants;
``(IV) grasses;
``(V) agricultural residues; and
``(VI) fibers.

``(ii) Waste derived ethanol.--The term `waste derived
ethanol' means ethanol derived from--

``(I) animal wastes, including poultry fats and poultry
wastes, and other waste materials; or
``(II) municipal solid waste.

``(B) Renewable fuel.--
``(i) In general.--The term `renewable fuel' means motor
vehicle fuel that--

``(I)(aa) is produced from grain, starch, oilseeds, or
other biomass; or
``(bb) is natural gas produced from a biogas source,
including a landfill, sewage waste treatment plant, feedlot,
or other place where decaying organic material is found; and

[[Page S4994]]

``(II) is used to replace or reduce the quantity of fossil
fuel present in a fuel mixture used to operate a motor
vehicle.

``(ii) Inclusion.--The term `renewable fuel' includes--

``(I) cellulosic biomass ethanol;
``(II) waste derived ethanol;
``(III) biodiesel (as defined in section 312(f) of the
Energy Policy Act of 1992 (42 U.S.C. 13220(f)); and
``(IV) any blending components derived from renewable fuel,
except that only the renewable fuel portion of any such
blending component shall be considered part of the applicable
volume under the renewable fuel program established by this
subsection.

``(C) Small refinery.--The term `small refinery' means a
refinery for which average aggregate daily crude oil
throughput for the calendar year (as determined by dividing
the aggregate throughput for the calendar year by the number
of days in the calendar year) does not exceed 75,000 barrels.
``(2) Renewable fuel program.--
``(A) In general.--
``(i) Regulations.--Not later than 1 year after the date of
enactment of this subsection, the Administrator shall
promulgate regulations ensuring that motor vehicle fuel sold
or dispensed to consumers in the contiguous United States, on
an annual average basis, contains the applicable volume of
renewable fuel specified in subparagraph (B).
``(ii) Compliance.--Regardless of the date of promulgation,
the regulations shall contain compliance provisions for
refiners, blenders, and importers, as appropriate, to ensure
that the requirements of this subsection are met, but shall
not restrict where renewable fuel can be used, or impose any
per-gallon obligation for the use of renewable fuel.
``(iii) No regulations.--If the Administrator does not
promulgate the regulations, the applicable percentage
referred to in paragraph (3), on a volume percentage of
gasoline basis, shall be 3.2 in 2006.
``(B) Applicable volume.--
``(i) Calendar years 2006 through 2012.--For the purpose of
subparagraph (A), the applicable volume for any of calendar
years 2006 through 2012 shall be determined in accordance
with the following table:

``Applicable volume of renewable fuel

Calendar year:                               (In billions of gallons)
2006...........................................................4.0
2007...........................................................4.7
2008...........................................................5.4
2009...........................................................6.1
2010...........................................................6.8
2011...........................................................7.4
2012...........................................................8.0

``(ii) Calendar years 2013 and thereafter.--For the purpose
of subparagraph (A), the applicable volume for calendar year
2013 and each calendar year thereafter shall be determined by
the Administrator, in coordination with the Secretary of
Energy and the Secretary of Agriculture, based on a review of
the implementation of the program during calendar years 2006
through 2012, including a review of--

``(I) the impact of the use of renewable fuels on the
environment, air quality, energy security, job creation, and
rural economic development; and
``(II) the expected annual rate of future production of
renewable fuels, including cellulosic ethanol.

``(iii) Limitation.--An increase in the applicable volume
for a calendar year under clause (ii) shall be not less than
the product obtained by multiplying--

``(I) the number of gallons of gasoline that the
Administrator estimates will be sold or introduced into
commerce during the calendar year; and
``(I) the quotient obtained by dividing--

``(aa) 8,000,000,000; by
``(bb) the number of gallons of gasoline sold or introduced
into commerce during calendar year 2012.
``(3) Applicable percentages.--
``(A) Provision of estimate of volumes of gasoline sales.--
Not later than October 31 of each of calendar years 2006
through 2011, the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate of the volumes of
gasoline that will be sold or introduced into commerce in the
United States during the following calendar year.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November 30 of each of
calendar years 2006 through 2011, based on the estimate
provided under subparagraph (A), the Administrator shall
determine and publish in the Federal Register, with respect
to the following calendar year, the renewable fuel obligation
that ensures that the requirements under paragraph (2) are
met.
``(ii) Required elements.--The renewable fuel obligation
determined for a calendar year under clause (i) shall--

``(I) be applicable to refiners, blenders, and importers,
as appropriate;
``(II) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce; and
``(III) subject to subparagraph (C)(i), consist of a single
applicable percentage that applies to all categories of
persons specified in subclause (I).

``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall make
adjustments--
``(i) to prevent the imposition of redundant obligations to
any person specified in subparagraph (B)(ii)(I); and
``(ii) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under paragraph (11).
``(4) Equivalency.--For the purpose of paragraph (2), 1
gallon of either cellulosic biomass ethanol or waste derived
ethanol shall be considered to be the equivalent of 2.5
gallons of renewable fuel.
``(5) Credit program.--
``(A) Regulations.--The regulations promulgated to carry
out this subsection shall provide for--
``(i) the generation of an appropriate amount of credits by
any person that refines, blends, or imports gasoline that
contains a quantity of renewable fuel that is greater than
the quantity required under paragraph (2);
``(ii) the generation of an appropriate amount of credits
for biodiesel fuel; and
``(iii) if a small refinery notifies the Administrator that
the small refinery waives the exemption provided by this
subsection, the generation of credits by the small refinery
beginning in the year following the notification.
``(B) Use of credits.--A person that generates credits
under subparagraph (A) may use the credits, or transfer all
or a portion of the credits to another person, for the
purpose of complying with paragraph (2).
``(C) Life of credits.--A credit generated under this
paragraph shall be valid to demonstrate compliance for the
calendar year in which the credit was generated.
``(D) Inability to purchase sufficient credits.--The
regulations promulgated to carry out this subsection shall
include provisions permitting any person that is unable to
generate or purchase sufficient credits to meet the
requirement under paragraph (2) to carry forward a renewables
deficit if, for the calendar year following the year in which
the renewables deficit is created--
``(i) the person achieves compliance with the renewables
requirement under paragraph (2); and
``(ii) generates or purchases additional renewables credits
to offset the renewables deficit of the preceding year.
``(6) Seasonal variations in renewable fuel use.--
``(A) Study.--For each of calendar years 2006 through 2012,
the Administrator of the Energy Information Administration
shall conduct a study of renewable fuels blending to
determine whether there are excessive seasonal variations in
the use of renewable fuels.
``(B) Regulation of excessive seasonal variations.--If, for
any calendar year, the Administrator of the Energy
Information Administration, based on the study under
subparagraph (A), makes the determinations specified in
subparagraph (C), the Administrator shall promulgate
regulations to ensure that 35 percent or more of the quantity
of renewable fuels necessary to meet the requirements under
paragraph (2) is used during each of the periods specified in
subparagraph (D) of each subsequent calendar year.
``(C) Determinations.--The determinations referred to in
subparagraph (B) are that--
``(i) less than 35 percent of the quantity of renewable
fuels necessary to meet the requirements under paragraph (2)
has been used during 1 of the periods specified in
subparagraph (D) of the calendar year;
``(ii) a pattern of excessive seasonal variation described
in clause (i) will continue in subsequent calendar years; and
``(iii) promulgating regulations or other requirements to
impose a 35 percent or more seasonal use of renewable fuels
will not prevent or interfere with the attainment of national
ambient air quality standards or significantly increase the
price of motor fuels to the consumer.
``(D) Periods.--The 2 periods referred to in this paragraph
are--
``(i) April through September; and
``(ii) January through March and October through December.
``(E) Exclusions.--Renewable fuels blended or consumed in
2006 in a State that has received a waiver under section
209(b) shall not be included in the study under subparagraph
(A).
``(7) Waivers.--
``(A) In general.--The Administrator, in consultation with
the Secretary of Agriculture and the Secretary of Energy, may
waive the requirements under paragraph (2), in whole or in
part, on a petition by 1 or more States by reducing the
national quantity of renewable fuel required under this
subsection--
``(i) based on a determination by the Administrator, after
public notice and opportunity for comment, that
implementation of the requirement would severely harm the
economy or environment of a State, a region, or the United
States; or
``(ii) based on a determination by the Administrator, after
public notice and opportunity for comment, that there is an
inadequate domestic supply to meet the requirement.
``(B) Petitions for waivers.--Not later than 90 days after
the date on which a petition is received by the Administrator
under subparagraph (A), the Administrator, in consultation
with the Secretary of Agriculture and the Secretary of
Energy, shall approve or disapprove the petition.
``(C) Termination of waivers.--A waiver granted under
subparagraph (A) shall terminate on the date that is 1 year
after the date on which the waiver was granted, but may be

[[Page S4995]]

renewed by the Administrator, after consultation with the
Secretary of Agriculture and the Secretary of Energy.
``(8) Small refineries.--
``(A) In general.--Paragraph (2) shall not apply to small
refineries until the first calendar year beginning more than
5 years after the first year set forth in the table in
paragraph (2)(B)(i).
``(B) Study.--Not later than December 31, 2008, the
Secretary of Energy shall complete for the Administrator a
study to determine whether the requirements under paragraph
(2) would impose a disproportionate economic hardship on
small refineries.
``(C) Small refineries and economic hardship.--For any
small refinery that the Secretary of Energy determines would
experience a disproportionate economic hardship, the
Administrator shall extend the small refinery exemption for
the small refinery for not less than 2 additional years.
``(D) Economic hardship.--
``(i) Extension of exemption.--A small refinery may at any
time petition the Administrator for an extension of the
exemption from the requirements under paragraph (2) for the
reason of disproportionate economic hardship.
``(ii) Evaluation.--In evaluating a hardship petition, the
Administrator, in consultation with the Secretary of Energy,
shall consider the findings of the study in addition to other
economic factors.
``(iii) Deadline for action on petitions.--The
Administrator shall act on any petition submitted by a small
refinery for a hardship exemption not later than 90 days
after the receipt of the petition.
``(E) Credit program.--Paragraph (6)(A)(iii) shall apply to
each small refinery that waives an exemption under this
paragraph.
``(F) Opt-in for small refiners.--A small refinery shall be
subject to paragraph (2) if the small refinery notifies the
Administrator that the small refinery waives the exemption
under subparagraph (C).''.
(b) Penalties and Enforcement.--Section 211(d) of the Clean
Air Act (42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``or (n)'' and
inserting ``(n), or (o)'' each place it appears; and
(B) in the second sentence, by striking ``or (m)'' and
inserting ``(m), or (o)''; and
(2) in the first sentence of paragraph (2), by striking
``and (n)'' and inserting ``(n), and (o)'' each place it
appears.

SEC. 1652. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND
BIODIESEL PURCHASING REQUIREMENT.

Title III of the Energy Policy Act of 1992 is amended by
striking section 306 (42 U.S.C. 13215) and inserting the
following:

``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND
BIODIESEL PURCHASING REQUIREMENT.

``(a) Ethanol-Blended Gasoline.--The head of each Federal
agency shall ensure that, in areas in which ethanol-blended
gasoline is reasonably available at a generally competitive
price, the Federal agency purchases ethanol-blended gasoline
containing at least 10 percent ethanol rather than
nonethanol-blended gasoline, for use in vehicles used by the
agency that use gasoline.
``(b) Biodiesel.--
``(1) Definition of biodiesel.--In this subsection, the
term `biodiesel' has the meaning given the term in section
312(f).
``(2) Requirement.--The head of each Federal agency shall
ensure that the Federal agency purchases, for use in fueling
fleet vehicles that use diesel fuel used by the Federal
agency at the location at which fleet vehicles of the Federal
agency are centrally fueled, in areas in which the biodiesel-
blended diesel fuel described in subparagraphs (A) and (B) is
available at a generally competitive price--
``(A) as of the date that is 5 years after the date of
enactment of this paragraph, biodiesel-blended diesel fuel
that contains at least 2 percent biodiesel, rather than
nonbiodiesel-blended diesel fuel; and
``(B) as of the date that is 10 years after the date of
enactment of this paragraph, biodiesel-blended diesel fuel
that contains at least 20 percent biodiesel, rather than
nonbiodiesel-blended diesel fuel.
``(3) Requirement of Federal Law.--The provisions of this
subsection shall not be considered a requirement of Federal
law for the purposes of section 312.
``(c) Exemption.--This section does not apply to fuel used
in vehicles excluded from the definition of `fleet' by
subparagraphs (A) through (H) of section 301(9).''.

SEC. 1653. DATA COLLECTION.

Section 205 of the Department of Energy Organization Act
(42 U.S.C. 7135) is amended by adding at the end the
following:
``(m)(1) In order to improve the ability to evaluate the
effectiveness of the renewable fuels mandate of the United
States, the Administrator shall conduct and publish the
results of a survey of renewable fuels demand in the motor
vehicle fuels market in the United States monthly, and in a
manner designed to protect the confidentiality of individual
responses.
``(2) In conducting the survey, the Administrator shall
collect information both on a national and regional basis,
including--
``(A) information on--
``(i) the quantity of renewable fuels produced;
``(ii) the quantity of renewable fuels blended;
``(iii) the quantity of renewable fuels imported; and
``(iv) the quantity of renewable fuels demanded; and
``(B) market price data.''.

Subchapter B--Federal Reformulated Fuels

SEC. 1661. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR
REFORMULATED GASOLINE.

(a) Elimination.--
(1) In general.--Section 211(k) of the Clean Air Act (42
U.S.C. 7545(k)) is amended--
(A) in paragraph (2)--
(i) in the second sentence of subparagraph (A), by striking
``(including the oxygen content requirement contained in
subparagraph (B))'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(B) in paragraph (3)(A), by striking clause (v); and
(C) in paragraph (7)--
(i) in subparagraph (A)--

(I) by striking clause (i); and
(II) by redesignating clauses (ii) and (iii) as clauses (i)
and (ii), respectively; and

(ii) in subparagraph (C)--

(I) by striking clause (ii); and
(II) by redesignating clause (iii) as clause (ii).

(2) Effective date.--The amendments made by paragraph (1)
take effect on the date that is 1 year after the date of
enactment of this Act, except that the amendments shall take
effect upon that date of enactment in any State that has
received a waiver under section 209(b) of the Clean Air Act
(42 U.S.C. 7543(b)).
(b) Maintenance of Toxic Air Pollutant Emission
Reductions.--Section 211(k)(1) of the Clean Air Act (42
U.S.C. 7545(k)(1)) is amended--
(1) by striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15, 1991,''; and
(2) by adding at the end the following:
``(B) Maintenance of toxic air pollutant emissions
reductions from reformulated gasoline.--
``(i) Definition of padd.--In this subparagraph, the term
`PADD' means a Petroleum Administration for Defense District.
``(ii) Regulations regarding emissions of toxic air
pollutants.--Not later than 270 days after the date of
enactment of this subparagraph, the Administrator shall
establish, for each refinery or importer, standards for toxic
air pollutants from use of the reformulated gasoline produced
or distributed by the refinery or importer that maintain the
reduction of the average annual aggregate emissions of toxic
air pollutants for reformulated gasoline produced or
distributed by the refinery or importer during calendar years
2001 and 2002, determined on the basis of data collected by
the Administrator with respect to the refinery or importer.
``(iii) Standards applicable to specific refineries or
importers.--

``(I) Applicability of standards.--For any calendar year,
the standards applicable to a refinery or importer under
clause (ii) shall apply to the quantity of gasoline produced
or distributed by the refinery or importer in the calendar
year only to the extent that the quantity is less than or
equal to the average annual quantity of reformulated gasoline
produced or distributed by the refinery or importer during
calendar years 2001 and 2002.
``(II) Applicability of other standards.--For any calendar
year, the quantity of gasoline produced or distributed by a
refinery or importer that is in excess of the quantity
subject to subclause (I) shall be subject to standards for
toxic air pollutants promulgated under subparagraph (A) and
paragraph (3)(B).

``(iv) Credit program.--The Administrator shall provide for
the granting and use of credits for emissions of toxic air
pollutants in the same manner as provided in paragraph (7).
``(v) Regional protection of toxics reduction baselines.--

``(I) In general.--Not later than 60 days after the date of
enactment of this subparagraph, and not later than April 1 of
each calendar year that begins after that date of enactment,
the Administrator shall publish in the Federal Register a
report that specifies, with respect to the previous calendar
year--

``(aa) the quantity of reformulated gasoline produced that
is in excess of the average annual quantity of reformulated
gasoline produced in 2001 and 2002; and
``(bb) the reduction of the average annual aggregate
emissions of toxic air pollutants in each PADD, based on
retail survey data or data from other appropriate sources.

``(II) Effect of failure to maintain aggregate toxics
reductions.--If, in any calendar year, the reduction of the
average annual aggregate emissions of toxic air pollutants in
a PADD fails to meet or exceed the reduction of the average
annual aggregate emissions of toxic air pollutants in the
PADD in calendar years 2001 and 2002, the Administrator, not
later than 90 days after the date of publication of the
report for the calendar year under subclause (I), shall--

``(aa) identify, to the maximum extent practicable, the
reasons for the failure, including the sources, volumes, and
characteristics of reformulated gasoline that contributed to
the failure; and
``(bb) promulgate revisions to the regulations promulgated
under clause (ii), to take

[[Page S4996]]

effect not earlier than 180 days but not later than 270 days
after the date of promulgation, to provide that,
notwithstanding clause (iii)(II), all reformulated gasoline
produced or distributed at each refinery or importer shall
meet the standards applicable under clause (ii) not later
than April 1 of the year following the report under this
subclause and for subsequent years.
``(vi) Regulations to control hazardous air pollutants from
motor vehicles and motor vehicle fuels.--Not later than July
1, 2006, the Administrator shall promulgate final regulations
to control hazardous air pollutants from motor vehicles and
motor vehicle fuels, as provided for in section 80.1045 of
title 40, Code of Federal Regulations (as in effect on the
date of enactment of this subparagraph).''.
(c) Consolidation in Reformulated Gasoline Regulations.--
Not later than 180 days after the date of enactment of this
Act, the Administrator of the Environmental Protection Agency
shall revise the reformulated gasoline regulations under
subpart D of part 80 of title 40, Code of Federal Regulations
(or any successor regulations), to consolidate the
regulations applicable to VOC-Control Regions 1 and 2 under
section 80.41 of that title by eliminating the less stringent
requirements applicable to gasoline designated for VOC-
Control Region 2 and instead applying the more stringent
requirements applicable to gasoline designated for VOC-
Control Region 1.
(d) Authority of Administrator.--Nothing in this section
affects or prejudices any legal claim or action with respect
to regulations promulgated by the Administrator of the
Environmental Protection Agency before the date of enactment
of this Act regarding--
(1) emissions of toxic air pollutants from motor vehicles;
or
(2) the adjustment of standards applicable to a specific
refinery or importer made under the prior regulations.
(e) Determination Regarding a State Petition.--Section
211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended by
inserting after paragraph (10) the following:
``(11) Determination regarding a state petition.--
``(A) In general.--Notwithstanding any other provision of
this section, not later than 30 days after the date of
enactment of this paragraph, the Administrator shall
determine the adequacy of any petition received from a
Governor of a State to exempt gasoline sold in that State
from the requirements under paragraph (2)(B).
``(B) Approval.--If a determination under subparagraph (A)
is not made by the date that is 30 days after the date of
enactment of this paragraph, the petition shall be considered
to be approved.''.

SEC. 1662. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS
AND FUEL ADDITIVES.

Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is
amended--
(1) in paragraph (2)--
(A) by striking ``may also'' and inserting ``shall, on a
regular basis,''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) to conduct tests to determine potential public health
and environmental effects of the fuel or additive (including
carcinogenic, teratogenic, or mutagenic effects); and''; and
(2) by adding at the end the following:
``(4) Study on certain fuel additives and blendstocks.--
``(A) In general.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall--
``(i) conduct a study on the effects on public health, air
quality, and water resources of increased use of, and the
feasibility of using as substitutes for methyl tertiary butyl
ether in gasoline--

``(I) ethyl tertiary butyl ether;
``(II) tertiary amyl methyl ether;
``(III) di-isopropyl ether;
``(IV) tertiary butyl alcohol;
``(V) other ethers and heavy alcohols, as determined by the
Administrator;
``(VI) ethanol;
``(VII) iso-octane; and
``(VIII) alkylates;

``(ii) conduct a study on the effects on public health, air
quality, and water resources of the adjustment for ethanol-
blended reformulated gasoline to the VOC performance
requirements otherwise applicable under sections 211(k)(1)
and 211(k)(3); and
``(iii) submit to the Committee on Environment and Public
Works of the Senate and the Committee on Energy and Commerce
of the House of Representatives a report describing the
results of these studies.
``(B) Contracts for study.--In carrying out this paragraph,
the Administrator may enter into one or more contracts with
nongovernmental entities including but not limited to
National Energy Laboratories and institutions of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).''.

SEC. 1663. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.

Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended by inserting after subsection (o) (as added by
section 1651(a)(2)) the following:
``(p) Analyses of Motor Vehicle Fuel Changes and Emissions
Model.--
``(1) Anti-backsliding analysis.--
``(A) Draft analysis.--Not later than 4 years after the
date of enactment of this subsection, the Administrator shall
publish for public comment a draft analysis of the changes in
emissions of air pollutants and air quality due to the use of
motor vehicle fuel and fuel additives resulting from
implementation of the amendments made by the Fuels Security
Act of 2005.
``(B) Final analysis.--After providing a reasonable
opportunity for comment, but not later than 5 years after the
date of enactment of this paragraph, the Administrator shall
publish the analysis in final form.
``(2) Emissions model.--For the purposes of this
subsection, as soon as the necessary data are available, the
Administrator shall develop and finalize an emissions model
that reasonably reflects the effects of gasoline
characteristics or components on emissions from vehicles in
the motor vehicle fleet during calendar year 2005.''.

SEC. 1664. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED
GASOLINE PROGRAM.

Section 211(k)(6) of the Clean Air Act (42 U.S.C.
7545(k)(6)) is amended--
(1) by striking ``(6) Opt-in areas.--(A) Upon'' and
inserting the following:
``(6) Opt-in areas.--
``(A) Classified areas.--
``(i) In general.--Upon'';
(2) in subparagraph (B), by striking ``(B) If'' and
inserting the following:
``(ii) Effect of insufficient domestic capacity to produce
reformulated gasoline.--If'';
(3) in subparagraph (A)(ii) (as redesignated by paragraph
(2))--
(A) in the first sentence, by striking ``subparagraph (A)''
and inserting ``clause (i)''; and
(B) in the second sentence, by striking ``this paragraph''
and inserting ``this subparagraph''; and
(4) by adding at the end the following:
``(B) Ozone transport region.--
``(i) Application of prohibition.--

``(I) In general.--In addition to the provisions of
subparagraph (A), upon the application of the Governor of a
State in the ozone transport region established by section
184(a), the Administrator, not later than 180 days after the
date of receipt of the application, shall apply the
prohibition specified in paragraph (5) to any area in the
State (other than an area classified as a marginal, moderate,
serious, or severe ozone nonattainment area under subpart 2
of part D of title I) unless the Administrator determines
under clause (iii) that there is insufficient capacity to
supply reformulated gasoline.
``(II) Publication of application.--As soon as practicable
after the date of receipt of an application under subclause
(I), the Administrator shall publish the application in the
Federal Register.

``(ii) Period of applicability.--Under clause (i), the
prohibition specified in paragraph (5) shall apply in a
State--

``(I) commencing as soon as practicable but not later than
2 years after the date of approval by the Administrator of
the application of the Governor of the State; and
``(II) ending not earlier than 4 years after the
commencement date determined under subclause (I).

``(iii) Extension of commencement date based on
insufficient capacity.--

``(I) In general.--If, after receipt of an application from
a Governor of a State under clause (i), the Administrator
determines, on the Administrator's own motion or on petition
of any person, after consultation with the Secretary of
Energy, that there is insufficient capacity to supply
reformulated gasoline, the Administrator, by regulation--

``(aa) shall extend the commencement date with respect to
the State under clause (ii)(I) for not more than 1 year; and
``(bb) may renew the extension under item (aa) for 2
additional periods, each of which shall not exceed 1 year.

``(II) Deadline for action on petitions.--The Administrator
shall act on any petition submitted under subclause (I) not
later than 180 days after the date of receipt of the
petition.''.

SEC. 1665. FEDERAL ENFORCEMENT OF STATE FUELS REQUIREMENTS.

Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C.
7545(c)(4)(C)) is amended--
(1) by striking ``(C) A State'' and inserting the
following:
``(C) Authority of state to control fuels and fuel
additives for reasons of necessity.--
``(i) In general.--A State''; and
(2) by adding at the end the following:
``(ii) Enforcement by the administrator.--In any case in
which a State prescribes and enforces a control or
prohibition under clause (i), the Administrator, at the
request of the State, shall enforce the control or
prohibition as if the control or prohibition had been adopted
under the other provisions of this section.''.

SEC. 1666. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

(a) Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency and the Secretary of Energy shall jointly
conduct a study of Federal, State, and local requirements
concerning motor vehicle fuels, including--
(A) requirements relating to reformulated gasoline,
volatility (measured in Reid vapor pressure), oxygenated
fuel, and diesel fuel; and
(B) other requirements that vary from State to State,
region to region, or locality to locality.
(2) Required elements.--The study shall assess--

[[Page S4997]]

(A) the effect of the variety of requirements described in
paragraph (1) on the supply, quality, and price of motor
vehicle fuels available to the consumer;
(B) the effect of the requirements described in paragraph
(1) on achievement of--
(i) national, regional, and local air quality standards and
goals; and
(ii) related environmental and public health protection
standards and goals;
(C) the effect of Federal, State, and local motor vehicle
fuel regulations, including multiple motor vehicle fuel
requirements, on--
(i) domestic refineries;
(ii) the fuel distribution system; and
(iii) industry investment in new capacity;
(D) the effect of the requirements described in paragraph
(1) on emissions from vehicles, refineries, and fuel handling
facilities;
(E) the feasibility of developing national or regional
motor vehicle fuel slates for the 48 contiguous States that,
while protecting and improving air quality at the national,
regional, and local levels, could--
(i) enhance flexibility in the fuel distribution
infrastructure and improve fuel fungibility;
(ii) reduce price volatility and costs to consumers and
producers;
(iii) provide increased liquidity to the gasoline market;
and
(iv) enhance fuel quality, consistency, and supply; and
(F) the feasibility of providing incentives, and the need
for the development of national standards necessary, to
promote cleaner burning motor vehicle fuel.
(b) Report.--
(1) In general.--Not later than June 1, 2006, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall submit to Congress a report on the
results of the study conducted under subsection (a).
(2) Recommendations.--
(A) In general.--The report shall contain recommendations
for legislative and administrative actions that may be
taken--
(i) to improve air quality;
(ii) to reduce costs to consumers and producers; and
(iii) to increase supply liquidity.
(B) Required considerations.--The recommendations under
subparagraph (A) shall take into account the need to provide
advance notice of required modifications to refinery and fuel
distribution systems in order to ensure an adequate supply of
motor vehicle fuel in all States.
(3) Consultation.--In developing the report, the
Administrator of the Environmental Protection Agency and the
Secretary of Energy shall consult with--
(A) the Governors of the States;
(B) automobile manufacturers;
(C) motor vehicle fuel producers and distributors; and
(D) the public.

SEC. 1667. REVIEW OF FEDERAL PROCUREMENT INITIATIVES RELATING
TO USE OF RECYCLED PRODUCTS AND FLEET AND
TRANSPORTATION EFFICIENCY.

Not later than 180 days after the date of enactment of this
Act, the Administrator of General Services shall submit to
Congress a report that details efforts by each Federal agency
to implement the procurement policies specified in Executive
Order No. 13101 (63 Fed. Reg. 49643; relating to governmental
use of recycled products) and Executive Order No. 13149 (65
Fed. Reg. 24607; relating to Federal fleet and transportation
efficiency).

SEC. 1668. REPORT ON RENEWABLE MOTOR FUEL.

Not later than January 1, 2007, the Secretary of Energy and
the Secretary of Agriculture shall jointly prepare and submit
to Congress a report containing recommendations for
achieving, by January 1, 2025, at least 25 percent renewable
fuel content (calculated on an average annual basis) for all
gasoline sold or introduced into commerce in the United
States.
______

SA 713. Mr. BAUCUS submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 269, strike lines 1 through 9 and insert the
following:
(2) in paragraph (2)--
(A) by striking ``If a State'' and inserting the following:
``(A) In general.--If a State'';
(B) by striking ``for any project in the State eligible
under section 133.'' and inserting the following: ``for any
project in the State that--
``(i) would otherwise be eligible under this section as if
the project were carried out in a nonattainment or
maintenance area; or
``(ii) is eligible under the surface transportation program
under section 133.''; and
(C) by adding at the end the following:
``(B) Operating assistance for public transit providers and
transportation management associations.--In addition to other
eligible uses, a State may use funds apportioned under
section 104(b)(2)(D) to provide operating assistance for
public transit providers or transportation management
associations that serve a nonattainment or maintenance area,
if a plan is in place for the project that annually reduces
the amount of operating assistance required.''.
______

SA 714. Mr. BAUCUS submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 1281, between lines 2 and 3, insert the following:

SEC. 76__. FEDERAL SCHOOL BUS DRIVER QUALIFICATIONS.

The effective date of section 383.123 of volume 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), shall be September 30, 2006.
______

SA 715. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. 14__. SAFETY BELT USE RATES.

(a) Definitions.--In this section:
(1) Primary safety belt law.--The term ``primary safety
belt law'' means a law that authorizes a law enforcement
officer to issue a citation for the failure of the driver of,
or any passenger in, a motor vehicle to wear a safety belt as
required by State law.
(2) Safety belt use rate.--The term ``safety belt use
rate'' means, as determined by the State for the most recent
fiscal year or calendar year for which statistics are made
available through any method, including observational surveys
conducted by the State agency that has jurisdiction over
highway safety, the ratio that--
(A) the number of drivers and front seat passengers of
motor vehicles in the State that use safety belts; bears to
(B) the number of all drivers and front seat passengers of
motor vehicles registered in the State.
(b) Withholding of Funds.--
(1) In general.--The Secretary shall withhold a percentage,
as described in paragraph (2), of the funds apportioned to a
State under paragraphs (1), (3), and (4) of section 104(b) or
section 144 of title 23, United States Code, if, by October 1
of a given year, the State does not--
(A) have in effect a primary safety belt law; or
(B) demonstrate to the Secretary that the safety belt use
rate in the State is at least 60 percent.
(2) Percentages.--The percentage referred to in paragraph
(1) shall be--
(A) for fiscal year 2007, 2 percent; and
(B) for fiscal year 2008 and each fiscal year thereafter, 4
percent.
(c) Restoration.--If, by the date that is 3 years after the
date on which funds are withheld from a State under
subsection (b), the State has in effect a primary safety belt
law or has demonstrated that the safety belt use rate in the
State is at least 60 percent, the apportionment to the State
under paragraphs (1), (3), and (4) of section 104(b) or
section 144 of title 23, United States Code, shall be
increased by the amount withheld under subsection (b).
(d) Failure to Act.--If, by the date that is 3 years after
the date on which funds are withheld from a State under
subsection (b), the State does not have in effect a primary
safety belt law or has not demonstrated that the safety belt
use rate in the State is at least 60 percent, the State shall
forfeit the amount withheld under subsection (b).
______

SA 716. Mr. GREGG submitted an amendment intended to be proposed by
him to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 14__. SAFETY BELT USE RATES.

(a) Definitions.--In this section:
(1) Primary safety belt law.--The term ``primary safety
belt law'' means a law that authorizes a law enforcement
officer to issue a citation for the failure of the driver of,
or any passenger in, a motor vehicle to wear a safety belt as
required by State law.
(2) Safety belt use rate.--The term ``safety belt use
rate'' means, as determined by the State for the most recent
fiscal year or calendar year for which statistics are made
available through any method, including observational surveys
conducted by the State agency that has jurisdiction over
highway safety, the ratio that--
(A) the number of drivers and front seat passengers of
motor vehicles in the State that use safety belts; bears to
(B) the number of all drivers and front seat passengers of
motor vehicles registered in the State.
(b) Withholding of Funds.--
(1) In general.--The Secretary shall withhold a percentage,
as described in paragraph (2), of the funds apportioned to a
State under paragraphs (1), (3), and (4) of section 104(b) or

[[Page S4998]]

section 144 of title 23, United States Code, if, by October 1
of a given year, the State does not--
(A) have in effect a primary safety belt law; or
(B) demonstrate to the Secretary that the safety belt use
rate in the State is at least 60 percent.
(2) Percentages.--The percentage referred to in paragraph
(1) shall be--
(A) for fiscal year 2007, 2 percent; and
(B) for fiscal year 2008 and each fiscal year thereafter, 4
percent.
(c) Restoration.--If, by the date that is 3 years after the
date on which funds are withheld from a State under
subsection (b), the State has in effect a primary safety belt
law or has demonstrated that the safety belt use rate in the
State is at least 60 percent, the apportionment to the State
under paragraphs (1), (3), and (4) of section 104(b) or
section 144 of title 23, United States Code, shall be
increased by the amount withheld under subsection (b).
(d) Failure to Act.--If, by the date that is 3 years after
the date on which funds are withheld from a State under
subsection (b), the State does not have in effect a primary
safety belt law or has not demonstrated that the safety belt
use rate in the State is at least 60 percent, the State shall
forfeit the amount withheld under subsection (b).
______

SA 717. Mr. CLINTON submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 52, line 10, insert ``and'' at the end.
On page 52, line 12, strike ``; and'' and insert a period.
On page 52, strike lines 13 through 15.
______

SA 718. Mr. STEVENS submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 944, after line 21 insert the following:

SEC. __. FUNDING FOR FERRY BOATS.

Section 5309(i)(5) of title 49, United States Code, as
amended by section 6011(j) of this Act, is amended to read as
follows:
``(5) Funding for ferry boats.--Of the amounts described in
paragraphs (1)(A) and (2)(A)--
``(A) $10,400,000 shall be available in fiscal year 2005
for capital projects in Alaska and Hawaii for new fixed
guideway systems and extension projects utilizing ferry
boats, ferry boat terminals, or approaches to ferry boat
terminals;
``(B) $15,000,000 shall be available in each of fiscal
years 2006 through 2009 for capital projects in Alaska and
Hawaii for new fixed guideway systems and extension projects
utilizing ferry boats, ferry boat terminals, or approaches to
ferry boat terminals; and
``(C) $5,000,000 shall be available in each of fiscal years
2006 through 2009 for payments to the Denali Commission under
the terms of section 307(e) of the Denali Commission Act of
1998, as amended (42 U.S.C. 3121 note), for docks, waterfront
development projects, and related transportation
infrastructure.''.
______

SA 719. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

Section 105 of title 23, United States Code (as amended by
section 1104(a)), is amended by redesignating subsection (g)
as subsection (h) and inserting after subsection (f) the
following:
``(g) Further Adjustment.--The Secretary shall reduce any
funds allocated to a State under this subsection by an amount
equal to the amount of any discretionary allocation made to
the State under an annual appropriations Act (including
explanatory material) from a program funded by the Highway
Trust Fund (other than the Mass Transit account), or any
other direct appropriation from the Highway Trust Fund (other
than the Mass Transit account) received by the State or an
entity located in the State, during the preceding fiscal
year.
______

SA 720. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

At the end of chapter 3 of subtitle E of title I, insert
the following:

SEC. __. SENSE OF CONGRESS RELATING TO PROJECT EARMARKS.

(a) Findings.--Congress finds that--
(1) the House of Representatives adopted a rule in 1914
stating that it shall not be in order for any bill providing
general legislation with respect to roads to contain any
provision for any specific road;
(2) diverting funds to low-priority earmarks diminishes the
ability of States and local communities to establish
priorities and address mobility problems;
(3) the Government Accountability Office has reported that
demonstration projects reviewed were not considered by State
and regional transportation officials as critical to their
transportation needs, and more than half of the projects
reviewed were not included in State and local transportation
plans;
(4) some earmarks have nothing to do with transportation
and may worsen congestion by diverting scarce resources from
higher priorities;
(5) the Surface Transportation Assistance Act of 1982 (96
Stat. 2097) contained 10 earmarks at a cost of $385,925,000;
(6) the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 132) contained 157 projects
at a cost of $1,416,000,000;
(7) the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1914) contained 538 projects at a cost of
$6,082,873,000;
(8) the Transportation Equity Act for the 21st Century (112
Stat. 107) contained 1,851 projects at a cost of
$9,359,850,000;
(9) annual transportation appropriations Acts demonstrate
the same trend in increasing earmarking of projects;
(10) the funding earmarked for many projects does not cover
the full cost of the project and requires State and local
communities to cover the unfunded costs; and
(11) funding of earmarked projects can have a dramatic
effect on the rate of return that a State receives on its
contributions to the Highway Trust Fund.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act of 2005 should not include project
earmarks;
(2) if earmarked projects are included, the projects should
be included within the funding that a State would otherwise
receive so as not to penalize other States; and
(3) any earmarked projects should be included in the
funding equity provisions of the next surface transportation
Act so that the projects do not adversely affect the rate of
return that a State receives from its contributions to the
Highway Trust Fund.
______

SA 721. Mr. LOTT submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 1091, line 17, strike ``$1,000,000,000'' and insert
``$1,000,000''.
______

SA 722. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 630, line 8, insert ``and shall immediately propose
appropriate exemptions for classes of vehicles whose
nonpropulsive fuel use exceeds 50 percent,'' after
``taxes,''.
On page 631, line 7, insert ``, except that the Secretary
shall report and take action under subsection (a)(1) not
later than July 1, 2006'' before the period at the end.
______

SA 723. Mr. CARPER submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 276, line 9, insert `` (including intercity
passenger rail when used for the purpose of a daily
commute)'' after ``transit ridership''.
______

SA 724. Mrs. HUTCHISON submitted an amendment intended to be proposed
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Beginning on page 52, strike line 16 and all that follows
through page 58, line 11, and insert the following:
``(b) State Percentage.--
``(1) In general.--The percentage referred to in subsection
(a) for each State shall be--
``(A) 93.06 percent of the quotient obtained by dividing--
``(i) the estimated tax payments attributable to highway
users in the State paid into the Highway Trust Fund (other
than the Mass Transit Account) in the most recent fiscal year
for which data are available; by
``(ii) the estimated tax payments attributable to highway
users in all States paid

[[Page S4999]]

into the Highway Trust Fund (other than the Mass Transit
Account) for the fiscal year; or
``(B) for a State with a total population density of less
than 30 persons per square mile, as reported in the decennial
census conducted by the Federal Government in 2000, the
greater of--
``(i) the percentage under paragraph (1); or
``(ii) the average percentage of the State's share of total
apportionments for the period of fiscal years 1998 through
2003 for the programs specified in paragraph (2).
``(2) Specific programs.--The programs referred to in
paragraph (1)(B)(ii) are (as in effect on the day before the
date of enactment of the Safe, Accountable, Flexible, and
Efficient Transportation Equity Act of 2005)--
``(A) the Interstate maintenance program under section 119;
``(B) the national highway system program under section
103;
``(C) the bridge program under section 144;
``(D) the surface transportation program under section 133;
``(E) the recreational trails program under section 206;
``(F) the high priority projects program under section 117;
``(G) the minimum guarantee provided under this section;
``(H) revenue aligned budget authority amounts provided
under section 110;
``(I) the congestion mitigation and air quality improvement
program under section 149;
``(J) the Appalachian development highway system program
under subtitle IV of title 40; and
``(K) metropolitan planning programs under section 104(f).
``(c) Special Rules.--
``(1) Minimum combined allocation.--For each fiscal year,
before making the allocations under subsection (a)(1), the
Secretary shall allocate among the States amounts sufficient
to ensure that no State receives a combined total of amounts
allocated under subsection (a)(1), apportionments for the
programs specified in subsection (a)(2), and amounts
allocated under this subsection, that is less than 100
percent of the average for fiscal years 1998 through 2003 of
the annual apportionments for the State for all programs
specified in subsection (b)(2).
``(2) No negative adjustment.--Notwithstanding subsection
(d), no negative adjustment shall be made under subsection
(a)(1) to the apportionment of any State.
``(3) Minimum share of tax payments.--
``(A) In general.--Notwithstanding subsection (d), for each
fiscal year, the Secretary shall allocate among the States
amounts sufficient to ensure that no State receives a
percentage of apportionments for the fiscal year for the
programs specified in subsection (a)(2) that is less than the
percentage specified in subparagraph (B) of the percentage
share of the State of estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) for fiscal year 2005, 90.5 percent; and
``(ii) for each of fiscal years 2006 through 2009, 93.06
percent.
``(d) Programmatic Distribution of Funds.--The Secretary
shall apportion the amounts made available under this section
so that the amount apportioned to each State under this
section for each program referred to in subparagraphs (A)
through (G) of subsection (a)(2) is equal to the amount
determined by multiplying the amount to be apportioned under
this section by the proportion that--
``(1) the amount of funds apportioned to each State for
each program referred to in subparagraphs (A) through (G) of
subsection (a)(2) for a fiscal year; bears to
``(2) the total amount of funds apportioned to each State
for all such programs for the fiscal year.
``(e) Metro Planning Set Aside.--Notwithstanding section
104(f), no set aside provided for under that section shall
apply to funds allocated under this section.
``(f) Authorization of Appropriations.--There
______

SA 725. Mr. SANTORUM (for himself and Mr. Specter) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 410, between lines 7 and 8, insert the following:

SEC. 1830. PRIORITY PROJECTS.

Section 1602 of the Transportation Equity Act for the 21st
Century (112 Stat. 306) is amended in item 1349 of the table
contained in that section by inserting ``, and improvements
to streets and roads providing access to,'' after ``along''.
______

SA 726. Mr. INHOFE (for himself, Mr. Bayh, Mr. Warner, Mr. Jeffords,
Mr. Lugar, Mrs. Clinton, Mr. Chafee, Mr. Obama, Ms. Landrieu, and Mr.
Voinovich) submitted an amendment intended to be proposed to amendment
SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds
for Federal-aid highways, highway safety programs, and transit
programs, and for other purposes; which was ordered to lie on the
table; as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. 16__. CLEAN SCHOOL BUS PROGRAM.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Alternative fuel.--The term ``alternative fuel''
means--
(A) liquefied natural gas, compressed natural gas,
liquefied petroleum gas, hydrogen, or propane;
(B) methanol or ethanol at no less than 85 percent by
volume; or
(C) biodiesel conforming with standards published by the
American Society for Testing and Materials as of the date of
enactment of this Act.
(3) Clean school bus.--The term ``clean school bus'' means
a school bus with a gross vehicle weight of greater than
14,000 pounds that--
(A) is powered by a heavy duty engine; and
(B) is operated solely on an alternative fuel or ultra-low
sulfur diesel fuel.
(4) Eligible recipient.--
(A) In general.--Subject to subparagraph (B), the term
``eligible recipient'' means--
(i) 1 or more local or State governmental entities
responsible for--

(I) providing school bus service to 1 or more public school
systems; or
(II) the purchase of school buses;

(ii) 1 or more contracting entities that provide school bus
service to 1 or more public school systems; or
(iii) a nonprofit school transportation association.
(B) Special requirements.--In the case of eligible
recipients identified under clauses (ii) and (iii), the
Administrator shall establish timely and appropriate
requirements for notice and may establish timely and
appropriate requirements for approval by the public school
systems that would be served by buses purchased or retrofit
using grant funds made available under this section.
(5) Retrofit technology.--The term ``retrofit technology''
means a particulate filter or other emissions control
equipment that is verified or certified by the Administrator
or the California Air Resources Board as an effective
emission reduction technology when installed on an existing
school bus.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Ultra-low sulfur diesel fuel.--The term ``ultra-low
sulfur diesel fuel'' means diesel fuel that contains sulfur
at not more than 15 parts per million.
(b) Program for Retrofit or Replacement of Certain Existing
School Buses With Clean School Buses.--
(1) Establishment.--
(A) In general.--The Administrator, in consultation with
the Secretary and other appropriate Federal departments and
agencies, shall establish a program for awarding grants on a
competitive basis to eligible recipients for the replacement
or retrofit (including repowering, aftertreatment, and
remanufactured engines) of certain existing school buses.
(B) Balancing.--In awarding grants under this section, the
Administrator shall, to the maximum extent practicable,
achieve an appropriate balance between awarding grants--
(i) to replace school buses; and
(ii) to install retrofit technologies.
(2) Priority of grant applications.--
(A) Replacement.--In the case of grant applications to
replace school buses, the Administrator shall give priority
to applicants that propose to replace school buses
manufactured before model year 1977.
(B) Retrofitting.--In the case of grant applications to
retrofit school buses, the Administrator shall give priority
to applicants that propose to retrofit school buses
manufactured in or after model year 1991.
(3) Use of school bus fleet.--
(A) In general.--All school buses acquired or retrofitted
with funds provided under this section shall be operated as
part of the school bus fleet for which the grant was made for
not less than 5 years.
(B) Maintenance, operation, and fueling.--New school buses
and retrofit technology shall be maintained, operated, and
fueled according to manufacturer recommendations or State
requirements.
(4) Retrofit grants.--The Administrator may award grants
for up to 100 percent of the retrofit technologies and
installation costs.
(5) Replacement grants.--
(A) Eligibility for 50% grants.--The Administrator may
award grants for replacement of school buses in the amount of
up to \1/2\ of the acquisition costs (including fueling
infrastructure) for --
(i) clean school buses with engines manufactured in model
year 2005 or 2006 that emit not more than--

(I) 1.8 grams per brake horsepower-hour of non-methane
hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate
matter; or

(ii) clean school buses with engines manufactured in model
year 2007, 2008, or 2009 that satisfy regulatory requirements
established by the Administrator for emissions of oxides of
nitrogen and particulate matter to be applicable for school
buses manufactured in model year 2010.

[[Page S5000]]

(B) Eligibility for 25% grants.--The Administrator may
award grants for replacement of school buses in the amount of
up to \1/4\ of the acquisition costs (including fueling
infrastructure) for --
(i) clean school buses with engines manufactured in model
year 2005 or 2006 that emit not more than--

(I) 2.5 grams per brake horsepower-hour of non-methane
hydrocarbons and oxides of nitrogen; and
(II) .01 grams per brake horsepower-hour of particulate
matter; or

(ii) clean school buses with engines manufactured in model
year 2007 or thereafter that satisfy regulatory requirements
established by the Administrator for emissions of oxides of
nitrogen and particulate matter from school buses
manufactured in that model year.
(6) Ultra-low sulfur diesel fuel.--
(A) In general.--In the case of a grant recipient receiving
a grant for the acquisition of ultra-low sulfur diesel fuel
school buses with engines manufactured in model year 2005 or
2006, the grant recipient shall provide, to the satisfaction
of the Administrator--
(i) documentation that diesel fuel containing sulfur at not
more than 15 parts per million is available for carrying out
the purposes of the grant; and
(ii) a commitment by the applicant to use that fuel in
carrying out the purposes of the grant.
(7) Deployment and distribution.--The Administrator shall,
to the maximum extent practicable--
(A) achieve nationwide deployment of clean school buses
through the program under this section; and
(B) ensure a broad geographic distribution of grant awards,
with no State receiving more than 10 percent of the grant
funding made available under this section during a fiscal
year.
(8) Annual report.--
(A) In general.--Not later than January 31 of each year,
the Administrator shall submit to Congress a report that--
(i) evaluates the implementation of this section; and
(ii) describes--

(I) the total number of grant applications received;
(II) the number and types of alternative fuel school buses,
ultra-low sulfur diesel fuel school buses, and retrofitted
buses requested in grant applications;
(III) grants awarded and the criteria used to select the
grant recipients;
(IV) certified engine emission levels of all buses
purchased or retrofitted under this section;
(V) an evaluation of the in-use emission level of buses
purchased or retrofitted under this section; and
(VI) any other information the Administrator considers
appropriate.

(c) Education.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall develop an
education outreach program to promote and explain the grant
program.
(2) Coordination with stakeholders.--The outreach program
shall be designed and conducted in conjunction with national
school bus transportation associations and other
stakeholders.
(3) Components.--The outreach program shall--
(A) inform potential grant recipients on the process of
applying for grants;
(B) describe the available technologies and the benefits of
the technologies;
(C) explain the benefits of participating in the grant
program; and
(D) include, as appropriate, information from the annual
report required under subsection (b)(8).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Administrator to carry out this
section, to remain available until expended--
(1) $55,000,000 for each of fiscal years 2006 and 2007; and
(2) such sums as are necessary for each of fiscal years
2008, 2009, and 2010.
______

SA 727. Ms. SNOWE submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 400, strike line 22 and all that follows through
page 403, line 4 and insert the following:

SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.

(a) General Rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, II, and VI of
this Act shall be expended with small business concerns owned
and controlled by socially and economically disadvantaged
individuals.
(b) Definitions.--In this section, the following
definitions shall apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632).
(3) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning given that term under section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and
relevant regulations promulgated under that section, except
that women shall be presumed to be socially and economically
disadvantaged individuals for the purposes of this section.
(c) Annual Listing of Disadvantaged Business Enterprises.--
Each State, in consultation with the Administrator, shall
annually survey or otherwise compile a list of the small
business concerns referred to in subsection (a) and the
location of such concerns in the State, and shall notify the
Secretary in writing of the percentage of such small business
concerns which are controlled by women, by socially and
economically disadvantaged individuals (other than women),
and by individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(d) Uniform List Compilation.--
(1) In general.--The Administrator, in consultation with
the Secretary, shall establish minimum uniform procedures to
be used by State governments in compiling the list required
by subsection (c).
(2) Uniform procedures.--Minimum uniform procedures
required under paragraph (1) shall include on-site visits,
personal interviews, licenses, analysis of stock ownership,
listing of equipment, analysis of bonding capacity, listing
of work completed, resume of principal owners, financial
capacity, type of work preferred, and any other criteria
recommended by the Administrator.
(3) Registration required.--No small business concern may
be included on the list required by subsection (c) unless it
first registers in the Central Contractor Registration
database.
(e) Compliance With Court Orders.--Nothing in this section
limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part,
from complying with subsection (a) because a Federal court
issues a final order in which the court finds that the
requirement of subsection (a), or the program established
under subsection (a), is unconstitutional.
______

SA 728. Mrs. CLINTON (for herself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 605 propoosed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 52, strike lines 10 through 15 and insert the
following:
``under section 150; and
(M) the rail-highway grade crossing program under section
130.''
______

SA 729. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an
amendment intended to be proposed to amendment SA 605 proposed by Mr.
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transit programs, and for other purposes;
which was ordered to lie on the table; as follows:

On page 1069, after line 10, add the following:

SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWLEDGE TEST REQUIREMENT.

The Secretary shall recognize any driver who passes a test
approved by the Federal Motor Carrier Safety Administration
as meeting the knowledge test requirement for a school bus
endorsement under section 383.123 of title 49, Code of
Federal Regulations.
______

SA 730. Mr. REED (for himself and Mr. Chafee) submitted an amendment
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to
the bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COMMUTER RAIL SERVICE.

(a) In General.--The Federal Transit Administration shall
approve final engineering and construction for projects,
which were provided funding under section 3030(c)(1)(A)(xliv)
of the Federal Transit Act of 1998, and section 1214(g) of
the Transportation Equity Act for the 21st Century (16 U.S.C.
668dd note), in the absence of an access agreement with the
owner of the railroad right of way.
(b) Timely Resolution of Issues.--The Secretary shall
timely resolve any issues delaying the completion of the
project authorized under section 1214(g) of the
Transportation Equity Act for the 21st Century (16 U.S.C.
668dd note) and the project authorized under section
3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998.
______

SA 731. Mr. REED (for himself and Mr. Chafee) submitted an amendment

[[Page S5001]]

intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to
the bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COMMUTER RAIL SERVICE.

(a) In General.--The Massachusetts Bay Transportation
Authority is authorized to operate commuter rail service
south of milepost 185 of the Northeast Corridor under the
terms an dconditions established under section 24904(a)(6) of
title 49, United States Code.
(b) Timely Resolution of Issues.--The Secretary shall
timely resolve any issues delaying the completion of the
project authorized under section 1214(g) of the
Transportation Equity Act for the 21st Century (16 U.S.C.
668dd note).
______

SA 732. Mr. DODD submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On page 143, after the matter following line 25, add the
following:

SEC. 1411. TEEN DRIVING SAFETY.

(a) Short Title.--This section may be cited as the ``Safe
Teen and Novice Driver Uniform Protection Act of 2005'' or
the ``STANDUP Act''.
(b) Findings.--Congress finds the following:
(1) The National Transportation Safety Board has reported
that--
(A) in 2002, teen drivers, which constituted only 6.4
percent of all drivers, were involved in 14.3 percent of all
fatal motor vehicle crashes;
(B) motor vehicle crashes are the leading cause of death
for Americans between 15 and 20 years of age;
(C) between 1994 and 2003, almost 64,000 Americans between
15 and 20 years of age died in motor vehicle crashes, an
average of 122 per week; and
(D) in 2003--
(i) 3,657 American drivers between 15 and 20 years of age
were killed in motor vehicle crashes;
(ii) 300,000 Americans between 15 and 20 years of age were
injured in motor vehicle crashes; and
(iii) 7,884 American drivers between 15 and 20 years of age
were involved in fatal crashes, resulting in 9,088 total
fatalities, a 5 percent increase since 1993.
(2) Though only 20 percent of driving by young drivers
occurs at night, over 50 percent of the motor vehicle crash
fatalities involving young drivers occur at night.
(3) The National Highway Traffic Safety Administration has
reported that--
(A) 6,300,000 motor vehicle crashes claimed the lives of
nearly 43,000 Americans in 2003 and injured almost 3,000,000
more Americans;
(B) teen drivers between 16 and 20 years of age have a
fatality rate that is 4 times the rate for drivers between 25
and 70 years of age; and
(C) drivers who are 16 years of age have a motor vehicle
crash rate that is almost ten times the crash rate for
drivers aged between 30 and 60 years of age.
(4) According to the Insurance Institute for Highway
Safety, the chance of a crash by a 16- or 17-year-old driver
is doubled if there are 2 peers in the vehicle and quadrupled
with 3 or more peers in the vehicle.
(5) In 1997, the first full year of its graduated driver
licensing system, Florida experienced a 9 percent reduction
in fatal and injurious crashes among young drivers between
the ages of 15 and 18, compared with 1995, according to the
Insurance Institute for Highway Safety.
(6) The Journal of the American Medical Association reports
that crashes involving 16-year-old drivers decreased between
1995 and 1999 by 25 percent in Michigan and 27 percent in
North Carolina. Comprehensive graduated driver licensing
systems were implemented in 1997 in these States.
(7) In California, according to the Automobile Club of
Southern California, teenage passenger deaths and injuries
resulting from crashes involving 16-year-old drivers declined
by 40 percent from 1998 to 2000, the first 3 years of
California's graduated driver licensing program. The number
of at-fault collisions involving 16-year-old drivers
decreased by 24 percent during the same period.
(8) The National Transportation Safety Board reports that
39 States and the District of Columbia have implemented 3-
stage graduated driver licensing systems. Many States have
not yet implemented these and other basic safety features of
graduated driver licensing laws to protect the lives of
teenage and novice drivers.
(9) A 2001 Harris Poll indicates that--
(A) 95 percent of Americans support a requirement of 30 to
50 hours of practice driving with an adult;
(B) 92 percent of Americans support a 6-month learner's
permit period; and
(C) 74 percent of Americans support limiting the number of
teen passengers in a car with a teen driver and supervised
driving during high-risk driving periods, such as night.
(c) State Graduated Driver Licensing Laws.--
(1) Minimum requirements.--A State is in compliance with
this subsection if the State has a graduated driver licensing
law that includes, for novice drivers under the age of 21--
(A) a 3-stage licensing process, including a learner's
permit stage and an intermediate stage before granting an
unrestricted driver's license;
(B) a prohibition of meaningful duration on nighttime
driving during the learner's permit and intermediate stages;
(C) a prohibition, during the intermediate stage, from
operating a motor vehicle with more than 1 non-familial
passenger under the age of 21 if there is no licensed driver
21 years of age or older present in the motor vehicle; and
(D) any other requirement that the Secretary of
Transportation (referred to in this section as the
``Secretary'') may require, including--
(i) a learner's permit stage of at least 6 months;
(ii) an intermediate stage of at least 6 months;
(iii) for novice drivers in the learner's permit stage--

(I) a requirement of at least 30 hours of behind-the-wheel
training with a licensed driver who is over 21 years of age;
and
(II) a requirement that any such driver be accompanied and
supervised by a licensed driver 21 years of age or older at
all times when such driver is operating a motor vehicle; and

(iv) a requirement that the grant of full licensure be
automatically delayed, in addition to any other penalties
imposed by State law for any individual who, while holding a
provisional license, convicted of an offense, such as driving
while intoxicated, misrepresentation of their true age,
reckless driving, unbelted driving, speeding, or other
violations, as determined by the Secretary.
(2) Rulemaking.--After public notice and comment rulemaking
the Secretary shall issue regulations necessary to implement
this subsection.
(d) Incentive Grants.--
(1) In general.--For each of the first 3 fiscal years
following the date of enactment of this Act, the Secretary
shall award a grant to any State in compliance with
subsection (c)(1) on or before the first day of that fiscal
year that submits an application under paragraph (2).
(2) Application.--Any State desiring a grant under this
subsection shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may require, including a certification by the
governor of the State that the State is in compliance with
subsection (c)(1).
(3) Grants.--For each fiscal year described in paragraph
(1), amounts appropriated to carry out this subsection shall
be apportioned to each State in compliance with subsection
(c)(1) in an amount determined by multiplying--
(A) the amount appropriated to carry out this subsection
for such fiscal year; by
(B) the ratio that the amount of funds apportioned to each
such State for such fiscal year under section 402 of title
23, United States Code, bears to the total amount of funds
apportioned to all such States for such fiscal year under
such section 402.
(4) Use of funds.--Amounts received under a grant under
this subsection shall be used for--
(A) enforcement and providing training regarding the State
graduated driver licensing law to law enforcement personnel
and other relevant State agency personnel;
(B) publishing relevant educational materials that pertain
directly or indirectly to the State graduated driver
licensing law; and
(C) other administrative activities that the Secretary
considers relevant to the State graduated driver licensing
law.
(5) Authorization of appropriations.--There are authorized
to be appropriated $25,000,000 out of the Highway Trust Fund
(other than the Mass Transit Account) for each of the fiscal
years 2005 through 2009 to carry out this subsection.
(e) Transferring of Funds for Non-compliance.--
(1) Fiscal year 2010.--The Secretary shall transfer 1.5
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2010 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United
States Code, to the apportionment of the State under section
402 of such title for the enforcement of teen drinking and
driving laws, including seat belt enforcement, underage
drinking, and other teen driving safety laws, if that State
is not in compliance with subsection (c)(1) on October 1,
2009.
(2) Fiscal year 2011.--The Secretary shall transfer 2
percent of the amount otherwise required to be apportioned to
any State for fiscal year 2011 under each of the paragraphs
(1), (3), and (4) of section 104(b) of title 23, United
States Code, to the apportionment of the State under section
402 of such title for the enforcement of teen drinking and
driving laws, including seat belt enforcement, underage
drinking, and other teen driving safety laws, if that State
is not in compliance with subsection (c)(1) on October 1,
2010.
(3) Fiscal year 2012 and thereafter.--The Secretary shall
transfer 3 percent of the amount otherwise required to be
apportioned to any State for each fiscal year beginning

[[Page S5002]]

with fiscal year 2012 under each of the paragraphs (1), (3),
and (4) of section 104(b) of title 23, United States Code, to
the apportionment of the State under section 402 of such
title for the enforcement of teen drinking and driving laws,
including seat belt enforcement, underage drinking, and other
teen driving safety laws, if that State is not in compliance
with subsection (c)(1) on the first day of such fiscal year.
______

SA 733. Mr. ALEXANDER (for himself and Mr. Graham, Mr. Burr, and Mr.
Akaka) submitted an amendment intended to be proposed to amendment SA
605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 35, strike lines 18 through 21, and insert the
following:
(i) $310,000,000 for fiscal year 2005; and
(ii) $320,000,000 for each of fiscal years 2006 through
2009.

The amounts provided for under section 2001(a)(1)(A)
(relating to surface transportation research) shall be
reduced by $19,638,742 for fiscal year 2005, and $19,638,742
for each of fiscal years 2006 through 2009.
______

SA 734. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 297, between lines 9 and 10, insert the following:

SEC. 16__. REPORT ON USE OF FUNDS TO REDUCE OIL AND FUEL
CONSUMPTION.

(a) In General.--Not later than December 1, 2005, and
annually thereafter, each State and metropolitan planning
organization that serves a population of 200,000 or more
shall make available to the public, using the Internet and
other means commonly used to inform the public under this
Act, a report that describes where the documentation of
materials assembled in the project development process
anticipated fuel and/or cost saving the ways in which the
planned use of Federal funds made available under this Act to
the State or metropolitan planning organization for the
preceding fiscal year will--
(1) reduce the demand for gasoline and diesel fuels; and
(2) lower household transportation expenditures.
(b) Information, Data, and Technical Assistance.--The
Secretary, with assistance from the Bureau of Transportation
Statistics and other Federal agencies, shall provide to
States and metropolitan planning organizations any
information, data, and technical assistance that would assist
the States and metropolitan planning organizations in
preparing the annual reports under subsection (a).
(c) Interim Report.--Not later than September 30, 2007, the
Secretary shall submit to Congress a report that describes
any cumulative savings in fuel, the most effective fuel
savings measures, and any other benefits identified by the
States and metropolitan planning organizations, from the use
of Federal funds made available under this Act during each of
fiscal years 2006 and 2007.
______

SA 735. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY
CREDIT.

(a) Extension.--Section 45(d) (relating to qualified
facilities) is amended by striking ``January 1, 2006'' each
place it appears and inserting ``January 1, 2009''
(b) Treatment of Persons Not Able to Use Entire Credit.--
(1) In general.--Section 45(e) (relating to definitions and
special rules) is amended by adding at the end the following
new paragraph:
``(10) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise provided in this
subsection--

``(I) any credit allowable under subsection (a) with
respect to a qualified facility owned by a person described
in clause (ii) may be transferred or used as provided in this
paragraph, and
``(II) the determination as to whether the credit is
allowable shall be made without regard to the tax-exempt
status of the person.

``(ii) Persons described.--A person is described in this
clause if the person is--

``(I) an organization described in section 501(c)(12)(C)
and exempt from tax under section 501(a),
``(II) an organization described in section 1381(a)(2)(C),
``(III) a public utility (as defined in section
136(c)(2)(B)), which is exempt from income tax under this
subtitle,
``(IV) any State or political subdivision thereof, the
District of Columbia, any possession of the United States, or
any agency or instrumentality of any of the foregoing, or
``(V) any Indian tribal government (within the meaning of
section 7871) or any agency or instrumentality thereof.

``(B) Transfer of credit.--
``(i) In general.--A person described in subparagraph
(A)(ii) may transfer any credit to which subparagraph (A)(i)
applies through an assignment to any other person not
described in subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit described
in clause (i) is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as arising from essential
government function.--Any proceeds derived by a person
described in subclause (III), (IV), or (V) of subparagraph
(A)(ii) from the transfer of any credit under clause (i)
shall be treated as arising from the exercise of an essential
government function.
``(C) Use of credit as an offset.--Notwithstanding any
other provision of law, in the case of a person described in
subclause (I), (II), or (V) of subparagraph (A)(ii), any
credit to which subparagraph (A)(i) applies may be applied by
such person, to the extent provided by the Secretary of
Agriculture, as a prepayment of any loan, debt, or other
obligation the entity has incurred under subchapter I of
chapter 31 of title 7 of the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.), as in effect on the date of the
enactment of the Energy Tax Incentives Act.
``(D) Credit not income.--Any transfer under subparagraph
(B) or use under subparagraph (C) of any credit to which
subparagraph (A)(i) applies shall not be treated as income
for purposes of section 501(c)(12).
``(E) Treatment of unrelated persons.--For purposes of
subsection (a)(2)(B), sales of electricity among and between
persons described in subparagraph (A)(ii) shall be treated as
sales between unrelated parties.''.
(2) Effective date.--The amendment made by this subsection
shall apply to shall apply to electricity produced and sold
after the date of the enactment of this Act, in taxable years
ending after such date.
______

SA 736. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 635, between lines 3 and 4, insert the following:

SEC. __. EXTENSION AND MODIFICATION OF RENEWABLE ENERGY
CREDIT.

(a) Extension.--Section 45(d) (relating to qualified
facilities) is amended by striking ``January 1, 2006'' each
place it appears and inserting ``January 1, 2009''
(b) Treatment of Persons Not Able to Use Entire Credit.--
(1) In general.--Section 45(e) (relating to definitions and
special rules) is amended by adding at the end the following
new paragraph:
``(10) Treatment of persons not able to use entire
credit.--
``(A) Allowance of credit.--
``(i) In general.--Except as otherwise provided in this
subsection--

``(I) any credit allowable under subsection (a) with
respect to a qualified facility owned by a person described
in clause (ii) may be transferred or used as provided in this
paragraph, and
``(II) the determination as to whether the credit is
allowable shall be made without regard to the tax-exempt
status of the person.

``(ii) Persons described.--A person is described in this
clause if the person is--

``(I) an organization described in section 501(c)(12)(C)
and exempt from tax under section 501(a),
``(II) an organization described in section 1381(a)(2)(C),
``(III) a public utility (as defined in section
136(c)(2)(B)), which is exempt from income tax under this
subtitle,
``(IV) any State or political subdivision thereof, the
District of Columbia, any possession of the United States, or
any agency or instrumentality of any of the foregoing, or
``(V) any Indian tribal government (within the meaning of
section 7871) or any agency or instrumentality thereof.

``(B) Transfer of credit.--
``(i) In general.--A person described in subparagraph
(A)(ii) may transfer any credit to which subparagraph (A)(i)
applies through an assignment to any other person not
described in subparagraph (A)(ii). Such transfer may be
revoked only with the consent of the Secretary.
``(ii) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit described
in clause (i) is assigned once and not reassigned by such
other person.
``(iii) Transfer proceeds treated as arising from essential
government function.--Any proceeds derived by a person
described

[[Page S5003]]

in subclause (III), (IV), or (V) of subparagraph (A)(ii) from
the transfer of any credit under clause (i) shall be treated
as arising from the exercise of an essential government
function.
``(C) Credit not income.--Any transfer under subparagraph
(B) of any credit to which subparagraph (A)(i) applies shall
not be treated as income for purposes of section 501(c)(12).
``(D) Treatment of unrelated persons.--For purposes of
subsection (a)(2)(B), sales of electricity among and between
persons described in subparagraph (A)(ii) shall be treated as
sales between unrelated parties.''.
(2) Effective date.--The amendment made by this subsection
shall apply to shall apply to electricity produced and sold
after the date of the enactment of this Act, in taxable years
ending after such date.
______

SA 737. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 38, line 8, strike ``$9,386,289'' and insert
``$8,386,289''.
On page 327, line 18, strike ``under section 204''.
On page 417, line 24, strike ``209'' and insert ``2009''.
On page 418, line 13, strike ``$2,000,000'' and insert
``$3,000,000''.
On page 558, line 17, insert ``and Boating'' before
``Trust''.
On page 558, line 23, strike ``2004'' and insert ``2005''.
On page 633, line 15, strike ``by all States''.
On page 652, line 23, strike ``Section'' and insert ``(a)
In General.--Section''.
On page 653, between lines 8 and 9, insert the following:
(b) Effective Date.--The amendments made by this section
shall apply to transactions entered into after the date of
the enactment of this Act.
On page 807, after line 16, insert the following:
(h) Contracted Paratransit Pilot.--
(1) In general.--Notwithstanding section 5302(a)(1)(I) of
title 49, United States Code, for fiscal years 2005 through
2009, a recipient of assistance under section 5307 of title
49, United States Code, in an urbanized area with a
population of 558,329 according to the 2000 decennial census
of population may use not more than 20 percent of such
recipient's annual formula apportionment under section 5307
of title 49, United States Code, for the provision of
nonfixed route paratransit services in accordance with
section 223 of the Americans with Disabilities Act (42 U.S.C.
12143), but only if the grant recipient is in compliance with
applicable requirements of that Act, including both fixed
route and demand responsive service and the service is
acquired by contract.
(2) Report.--Not later than January 1, 2009, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, a report on the implementation of this section and
any recommendations of the Secretary regarding the
application of this section.
On page 846, after line 6, insert the following:
(m) Miami Metrorail.--The Secretary may credit funds
provided by the Florida Department of Transportation for the
extension of the Miami Metrorail System from Earlington
Heights to the Miami Intermodal Center to satisfy the
matching requirements of section 5309(h)(4) of title 49,
United Stated Code, for the Miami North Corridor and Miami
East-West Corridor projects.
On page 872, strike line 24, and insert the following:
tives.
``(e) Study of Methods to Improve Accessibility of Public
Transportation for Persons With Visual Disabilities.--Not
later than October 1, 2006, the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the
effectiveness of alternative methods to improve the
accessibility of public transportation for persons with
visual disabilities. The report shall evaluate a variety of
methods and techniques for improving accessibility, including
installation of Remote Infrared Audible Signs for provision
of wayfinding and information for people who have visual,
cognitive, or learning disabilities.''.
On page 900, line 18, strike ``and''.
On page 900, line 22, strike the period and insert ``;
and''.
On page 900, after line 22, insert the following:
(5) by adding at the end the following:
``(l) Notification of pending discretionary grants.--Not
less than 3 full business days before announcement of award
by the Secretary of any discretionary grant, letter of
intent, or full funding grant agreement totaling $1,000,000
or more, the Secretary shall notify the Committees on
Banking, Housing, and Urban Affairs and Appropriations of the
Senate and Committees on Transportation and Infrastructure
and Appropriation of the House of Representatives.''.
On page 944, after line 21, insert the following:

SEC.__. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

(a) Transit Pass Transportation Fringe Benefits Study.--
(1) Study.--The Secretary of Transportation shall conduct a
study on tax-free transit benefits and ways to promote
improved access to and increased usage of such benefits, at
Federal agencies in the National Capital Region, including
agencies not currently offering the benefit.
(2) Content.--The study under this subsection shall
include--
(A) an examination of how agencies offering the benefit
make its availability known to their employees and the
methods agencies use to deliver the benefit to employees,
including examples of best practices; and
(B) an analysis of the impact of Federal employees' use of
transit on traffic congestion and pollution in the National
Capital Region.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the results of the study under this subsection.
(b) Authority to Use Government Vehicles To Transport
Federal Employees Between Their Place of Employment and Mass
Transit Facilities.--
(1) In general.--Section 1344 of title 31, United States
Code, is amended--
(A) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
``(g)(1) A passenger carrier may be used to transport an
officer or employee of a Federal agency between the officer's
or employee's place of employment and a mass transit facility
(whether or not publicly owned) in accordance with succeeding
provisions of this subsection.
``(2) Notwithstanding section 1343, a Federal agency that
provides transportation services under this subsection
(including by passenger carrier) shall absorb the costs of
such services using any funds available to such agency,
whether by appropriation or otherwise.
``(3) In carrying out this subsection, a Federal agency
shall--
``(A) to the maximum extent practicable, use alternative
fuel vehicles to provide transportation services;
``(B) to the extent consistent with the purposes of this
subsection, provide transportation services in a manner that
does not result in additional gross income for Federal income
tax purposes; and
``(C) coordinate with other Federal agencies to share, and
otherwise avoid duplication of, transportation services
provided under this subsection.
``(4) For purposes of any determination under chapter 81 of
title 5, an individual shall not be considered to be in the
`performance of duty' by virtue of the fact that such
individual is receiving transportation services under this
subsection.
``(5)(A) The Administrator of General Services, after
consultation with the National Capital Planning Commission
and other appropriate agencies, shall prescribe any
regulations necessary to carry out this subsection.
``(B) Transportation services under this subsection shall
be subject neither to the last sentence of subsection (d)(3)
nor to any regulations under the last sentence of subsection
(e)(1).
``(6) In this subsection, the term `passenger carrier'
means a passenger motor vehicle, aircraft, boat, ship, or
other similar means of transportation that is owned or leased
by the United States Government or the government of the
District of Columbia.''.
(2) Funds for maintenance, repair, etc.--Subsection (a) of
section 1344 of title 31, United States Code, is amended by
adding at the end the following:
``(3) For purposes of paragraph (1), the transportation of
an individual between such individual's place of employment
and a mass transit facility pursuant to subsection (g) is
transportation for an official purpose.''.
(3) Coordination.--The authority to provide transportation
services under section 1344(g) of title 31, United States
Code (as amended by paragraph (1)) shall be in addition to
any authority otherwise available to the agency involved.

SEC. __. FUNDING FOR FERRY BOATS.

Section 5309(i)(5) of title 49, United States Code, as
amended by section 6011(j) of this Act, is amended to read as
follows:
``(5) Funding for ferry boats.--Of the amounts described in
paragraphs (1)(A) and (2)(A)--
``(A) $10,400,000 shall be available in fiscal year 2005
for capital projects in Alaska and Hawaii for new fixed
guideway systems and extension projects utilizing ferry
boats, ferry boat terminals, or approaches to ferry boat
terminals;
``(B) $15,000,000 shall be available in each of fiscal
years 2006 through 2009 for capital projects in Alaska and
Hawaii for new fixed guideway systems and extension projects
utilizing ferry boats, ferry boat terminals, or approaches to
ferry boat terminals; and
``(C) $5,000,000 shall be available in each of fiscal years
2006 through 2009 for payments to the Denali Commission under
the terms of section 307(e) of the Denali Commission Act of
1998, as amended (42 U.S.C. 3121 note), for docks, waterfront
development projects, and related transportation
infrastructure.''.

[[Page S5004]]

On page 1291, strike lines 12 through 16 and insert the
following:
(1) For fiscal year 2005, $7,646,336,000.
(2) For fiscal year 2006, $8,900,000,000.
(3) For fiscal year 2007, $9,267,464,000.
(4) For fiscal year 2008, $10,050,700,000.
(5) For fiscal year 2009, $10,686,500,000.
______

SA 738. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

Insert new section:

``SEC. 7130. TECHNICAL CORRECTION OF RIGHTS AND REMEDIES
PROVISIONS.

(a) Section 14704 (Rights and remedies of persons injured
by carriers or brokers) is amended as follows:
(1) In subsection (a)--
(A) by striking `IN GENERAL' and all that follows through
`injured' and substituting `ENFORCEMENT OF ORDER-A person
injured'; and
(B) by redesignating paragraph (2) as subsection (b)(2);
(2) In subsection (b), by striking `Liability and damages'
and all that follows through `A carrier' and substituting
`LIABILITY AND DAMAGES-(1) A carrier'; and
(3) In subsection (d)(1), by striking `under subsection
(b)' and substituting `under subsection (c)(2)(B)'.
(b) Section 14705 (Limitations on actions by and against
carriers) is amended as follows:
(1) In subsection (c), by striking `file' and all that
follows through `section 14704(b)' and substituting `begin a
civil action to recover damages under section 14704(b)(2)';
and
(2) In subsection (d), by striking `under subsections (b)
and (c) of this section' and substituting `under subsection
(b) of this section'.
This section shall apply to all civil actions pending or
commenced in any court on or after its date of enactment.''
______

SA 739. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table; as follows:

On Page 69, Line 15, add a new subsection 6009(h),
(h) Contracted Paratransit Pilot.--
(1) In General.--Notwithstanding section 5302(a)(1)(I) of
title 49, United States Code, for fiscal years 2005 through
2009, a recipient of assistance under section 5307 of title
49, United States Code, in an urbanized area with a
population of 558,329 according to the 2000 decennial census
of population may use not more than 20 percent of such
recipient's annual formula apportionment under section 5307
of title 49, United States Code, for the provision of
nonfixed route paratransit services in accordance with
section 223 of the Americans with Disabilities Act (42 U.S.C.
12143), but only if the grant recipient is in compliance with
applicable requirements of that Act, including both fixed
route and demand responsive service and the service is
acquired by contract.
(2) Report.--Not later than January 1, 2009, the Secretary
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, a report on the implementation of this subsection and
any recommendations of the Secretary regarding the
application of this section
______

SA 740. Mr. SHELBY submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 1291, strike lines 12 through 16 and insert the
following:
(1) For fiscal year 2005, $7,646,336,000.
(2) For fiscal year 2006, $8,900,000,000.
(3) For fiscal year 2007, $9,267,464,000.
(4) For fiscal year 2008, $10,050,700,000.
(5) For fiscal year 2009, $10,686,500,000.
______

SA 741. Mr. SHELBY submitted an amendment intended to be proposed to
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to
authorize funds for Federal-aid highways, highway safety programs, and
transit programs, and for other purposes; which was ordered to lie on
the table as follows:

On page 872, strike line 24, and insert the following:

tives.
``(e) Study of Methods to Improve Accessibility of Public
Transportation for Persons With Visual Disabilities.--Not
later than October 1, 2006, the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the
effectiveness of alternative methods to improve the
accessibility of public transportation for persons with
visual disabilities. The report shall evaluate a variety of
methods and techniques for improving accessibility, including
installation of Remote Infrared Audible Signs for provision
of wayfinding and information for people who have visual,
cognitive, or learning disabilities.''.
______

SA 742. Mr. INHOFE (for Mr. Talent (for himself and Mr. Dodd))
proposed an amendment to amendment SA 605 proposed by Mr. Inhofe to the
bill H.R. 3, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table as follows:

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

SEC. 18__. NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS
CONCERNS.

The Secretary of Transportation shall notify each State or
political subdivision of a State to which the Secretary of
Transportation awards a grant or other Federal funds of the
criteria for participation by a small business concern in any
program or project that is funded, in whole or in part, by
the Federal Government under section 155 of the Small
Business Reauthorization and Manufacturing Assistance Act of
2004 (15 U.S.C. 567g).

____________________