S.Amdt. 756

TEXT OF AMENDMENTS

SA 743. Mr. BAUCUS submitted an amendment intended to be proposed to
amendment SA 713 proposed by Mr. Baucus to the 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, following the matter on line 15, insert the
following:
(d) In addition to other eligible uses, the State of
Montana may use funds apportioned under section 104(b)(2) for
the operation of public transit activities that serve a
nonattainment or maintenance area.
______

SA 744. Mr. FEINGOLD submitted an amendment intended to be proposed
to amendment SA 676 submitted by Mr. Feingold and intended to be
proposed to the 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 2, strike lines 15 through 22, and insert the
following:
``(b) Application to Volunteer Services Only.--Subsection
(a) shall not apply with respect to any expenses relating to
the performance of services for compensation.
``(c) No Double Benefit.--A taxpayer may not claim a
deduction or credit under any other provision of this title
with respect to the expenses under subsection (a).
``(d) Exemption From Reporting Requirements.--Section 6041
shall not apply with respect to reimbursements excluded from
income under subsection (a).''.
______

SA 745. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 652 submitted by Mr. Dorgan (for himself and Mr. Reid) to
the 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 all of page 2 and insert the following:
``(b) The Secretary of Energy shall direct the National
Petroleum Council to conduct an evaluation and analysis
determining the extent to which environmental and other
regulations detrimentally affect new domestic refinery
construction and significant expansion of existing refinery
capacity.''
``(c) Reports to Congress.--
(1) On completion of the investigation under subsection
(a), the Federal Trade Commission shall submit to Congress a
report that describes--
(A) the results of the investigation; and
(B) any recommendations of the Federal Trade Commission
(2) On completion of the evaluation and analysis under
subsection (b), the Secretary shall submit to Congress a
report that describes--
(A) the results of the evaluation and analysis;
(B) any recommendations of the National Petroleum
Council.''
______

SA 746. 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. 1816. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM COMPLETION
PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1815(a)), is
amended by adding at the end the following:

``Sec. 178. Appalachian development highway system completion
program

``(a) In General.--The Secretary shall carry out a program,
to be known as the `Appalachian development highway system
completion program' (referred to in this section as the
`program'), to allocate capital funding to expedite the
completion of `ready-to-go' segments of the Appalachian
development highway system.
``(b) Eligible Activities.--A State that receives an
allocation of funds under this section shall use the funds to
construct highways and access roads in accordance with
chapter 145 of title 40.
``(c) Allocation of Funds.--The Secretary shall allocate
funds under the program to each State based on the proportion
that, under the most recent published report of the
Appalachian Regional Commission under section 14501 of title
40--
``(1) the cost of construction of highways and access roads
that are in `final design status' for the Appalachian
development highway system program in the State; bears to
``(2) the cost of construction of highways and access roads
that are in `final design status' for the Appalachian
development highway system program in all States.
``(d) Federal Share.--The Federal share of the cost of
carrying out any project or activity using funds allocated
under the program shall be 80 percent.
``(e) Funding.--
``(1) In general.--There shall be available to the
Secretary to carry out this section, from the Highway Trust
Fund (other than the Mass Transit Account), $650,000,000 for
the period of fiscal years 2005 through 2009, of which--
``(A) $130,000,000 shall be for fiscal year 2005;
``(B) $130,000,000 shall be for fiscal year 2006;
``(C) $130,000,000 shall be for fiscal year 2007;
``(D) $130,000,000 shall be for fiscal year 2008; and
``(E) $130,000,000 shall be for fiscal year 2009.
``(2) Obligation, eligibility, and availability.--Funds
authorized to be appropriated under section 1101(16) of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2004 and made available under paragraph (1) to
carry out this section--
``(A) shall be available for obligation by the Secretary in
the same manner as if the funds were apportioned under this
chapter;
``(B) shall not be considered in determining the
eligibility of any State to receive funds under section 105
or any other and any apportioned formula program including
the equity bonus program; and
``(C) shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1815(b)), is amended by adding at the end of the
following:
``178. Appalachian development highway system completion
program.''.
______

SA 747. 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. 1816. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM COMPLETION
PROGRAM.

(a) In General.--Subchapter I of chapter 1 of title 23,
United States Code (as amended by section 1815(a)), is
amended by adding at the end the following:

``Sec. 178. Appalachian development highway system completion
program

(a) In General.--The Secretary shall carry out a program,
to be known as the `Appalachian development highway system
completion program' (referred to in this section as the
`program'), to allocate capital funding to expedite the
completion of `ready-to-go' segments of the Appalachian
development highway system.
(b) Eligible Activities.--A State that receives an
allocation of funds under this section shall use the funds to
construct highways and access roads in accordance with
chapter 145 of title 40.
(c) Allocation of Funds.--The Secretary shall allocate
funds under the program to each State all counties of which
are located, as of the date of enactment of this section,
within the established 13-State Appalachian region, as
determined by the Appalachian Regional Commission.
(d) Federal Share.--The Federal share of the cost of
carrying out any project or activity using funds allocated
under the program shall be 80 percent.

[[Page S5175]]

(e) Funding.--
(1) In general.--There shall be available to the Secretary
to carry out this section, from the Highway Trust Fund (other
than the Mass Transit Account), $300,000,000 for the period
of fiscal years 2005 through 2009, of which--
(A) $60,000,000,000 shall be for fiscal year 2005;
(B) $60,000,000,000 shall be for fiscal year 2006;
(C) $60,000,000,000 shall be for fiscal year 2007;
(D) $60,000,000,000 shall be for fiscal year 2008; and
(E) $60,000,000,000 shall be for fiscal year 2009.
(2) Obligation, eligibility, and availability.--Funds
authorized to be appropriated under section 1101(16) of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2004 and made available under paragraph (1) to
carry out this section--
(A) shall be available for obligation by the Secretary in
the same manner as if the funds were apportioned under this
chapter;
(B) shall not be considered in determining the eligibility
of any State to receive funds under section 105 or any other
apportioned formula program including the equity bonus
program; and
(C) shall remain available until expended.''.
(b) Conforming Amendment.--The analysis for subchapter I of
chapter 1 of title 23, United States Code (as amended by
section 1815(b)), is amended by adding at the end the
following:
178. Appalachian development highway system completion
program.''.
______

SA 748. Mr. BYRD submitted an amendment intended to be proposed to
amendment SA 683 submitted by Mr. Warner and intended to be proposed to
the 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:
(b) Coalfields Expressway, West Virginia.--
(1) Designation.--Except as provided in paragraph (2),
there is designated as an addition to the Appalachian
Development Highway System in the State of West Virginia, the
Coalfields Expressway from Paynesville, West Virginia to
Beckley, West Virginia.
(2) Modification of mileage.--Section 14501(a) of title 40,
United States Code, is amended in the second sentence by
striking ``3,090'' and inserting ``3,153.''.
______

SA 749. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill H.R. 3, to authorize funds for Federal-aid highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

On page 1, line 8, strike ``in the State of Maine'' and
insert ``in the State of Maine (including the area designated
as the Maine Turnpike)''.
______

SA 750. Mr. LOTT (for himself and Mr. Inouye) submitted an amendment
intended to be proposed to amendment SA 611 proposed by Mr. Allen (for
himself and Mr. Ensign) to the 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 lieu of the matter proposed to be inserted, insert the
following:
(a) In General.--Section 405 is amended to read as follows:

``Sec. 405. Safety belt performance grants

``(a) In General.--The Secretary of Transportation shall
make grants to States in accordance with the provisions of
this section to encourage the enactment and enforcement of
laws requiring the use of safety belts in passenger motor
vehicles.
``(b) Grants for Enacting Primary Safety Belt Use Laws.--
``(1) In general.--The Secretary shall make a single grant
to each State that either--
``(A) enacts for the first time after December 31, 2002,
and has in effect and is enforcing a conforming primary
safety belt use law for all passenger motor vehicles; or
``(B) in the case of a State that does not have such a
primary safety belt use law, has a State safety belt use rate
for each of the 2 calendar years immediately preceding the
fiscal year of a grant of 85 percent or more, as measured
under criteria determined by the Secretary.
``(2) Amount.--The amount of a grant available to a State
in fiscal year 2006 or in a subsequent fiscal year under
paragraph (1) of this subsection is equal to 500 percent of
the amount apportioned to the State for fiscal year 2003
under section 402(c) of this title.
``(3) July 1 cut-off.--For the purpose of determining the
eligibility of a State for a grant under paragraph (l)(A), a
primary safety belt use law enacted after June 30th of any
year shall--
``(A) not be considered to have been enacted in the Federal
fiscal year in which that June 30th falls; but
``(B) be considered as if it were enacted after the
beginning of the next Federal fiscal year.
``(4) Shortfall.--If the total amount of grants provided
for by this subsection for a fiscal year exceeds the amount
of funds available for such grants for that fiscal year, then
the Secretary shall make grants under this subsection to
States in the order in which--
``(A) the primary safety belt use law came into effect; or
``(B) the State's safety belt use rate was 85 percent or
more for 2 consecutive calendar years (as measured by
criteria determined by the Secretary),

whichever first occurs.
``(5) Catch-up grants.--The Secretary shall make a grant to
any State eligible for a grant under this subsection that did
not receive a grant for a fiscal year because of the
application of paragraph (4), in the next fiscal year if the
State's primary safety belt use law remains in effect or its
safety belt use rate is 85 percent or more for the 2
consecutive calendar years preceding such next fiscal year
(subject to paragraph (4)).
``(c) Grants for Pre-2003 Laws.--To the extent that amounts
made available for any of fiscal years 2006 through 2009
exceed the total amounts to be awarded under subsection (b)
for the fiscal year, including amounts to be awarded for
catch-up grants under subsection (b)(5), the Secretary shall
make a single grant to each State that enacted, has in
effect, and is enforcing a primary safety belt use law for
all passenger motor vehicles that was in effect before
January 1, 2003. The amount of a grant available to a State
under this subsection shall be equal to 250 percent of the
amount of funds apportioned to the State under section 402(c)
of this title for fiscal year 2003. The Secretary may award
the grant in up to 4 installments over a period of 4 fiscal
years beginning with fiscal year 2006.
``(d) Allocation of Unused Grant Funds.--The Secretary
shall make additional grants under this section of any
amounts available for grants under this section that, on July
1, 2009, are neither obligated nor expended.The additional
grants made under this subsection shall be allocated among
all States that, as of that date, have enacted, have in
effect, and are enforcing primary safety belt laws for all
passenger motor vehicles. The allocations shall be made in
accordance with the formula for apportioning funds among the
States under section 402(c) of this title.
``(e) Use of Grant Funds.--
``(1) In general.--Subject to paragraph (2), a State may
use a grant under this section for any safety purpose under
this title or for any project that corrects or improves a
hazardous roadway location or feature or proactively
addresses highway safety problems, including--
``(A) intersection improvements;
``(B) pavement and shoulder widening;
``(C) installation of rumble strips and other warning
devices;
``(D) improving skid resistance;
``(E) improvements for pedestrian or bicyclist safety;
``(I) railway-highway crossing safety;
``(G) traffic calming;
``(H) the elimination of roadside obstacles;
``(I) improving highway signage and pavement marking;
``(J) installing priority control systems for emergency
vehicles at signalized intersections;
``(K) installing traffic control or warning devices at
locations with high accident potential;
``(L) safety-conscious planning; and
``(M) improving crash data collection and analysis.
``(2) Safety activity requirement.--Notwithstanding
paragraph (1), the Secretary shall ensure that at least
$1,000,000 of amounts received by States under this section
are obligated or expended for safety activities under this
chapter.
``(3) Support activity.--The Secretary or his designee may
engage in activities with States and State legislators to
consider proposals related to safety belt use laws.
``(f) Carry forward of Excess Funds.--If the amount
available for grants under this section for any fiscal year
exceeds the sum of the grants made under this section for
that fiscal year, the excess amount and obligational
authority shall be carried forward and made available for
grants under this section in the succeeding fiscal year.
``(g) Federal Share.--The Federal share payable for grants
under this subsection is 100 percent.
``(h) Passenger Motor Vehicle Defined.--In this section,
the term `passenger motor vehicle' means--
``(1) a passenger car,
``(2) a pickup truck,
``(3) a van, minivan, or sport utility vehicle, with a
gross vehicle weight rating of less than 10,000 pounds.'' .
______

SA 751. Mr. DeWINE submitted an amendment intended to be proposed to
amendment SA 639 submitted by Mr. Lautenberg and intended to be
proposed 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 S5176]]

was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted insert the
following:

SEC.  .--SENSE OF THE SENATE REAFFIRMING SUPPORT FOR CURRENT
FEDERAL LIMITATIONS ON TRUCK SIZE AND WEIGHT

Findings.--Congress finds that--
On March 11, 1998, the Senate agreed unanimously to a
resolution reaffirming limitations on the length and weight
of commercial motor vehicles as part of S. 1173, the
Intermodal Surface Transportation Efficiency Act of 1997;
In 2000, the United States Department of Transportation
released the Comprehensive Truck Size and Weight Study, which
raised new safety, infrastructure and cost recovery concerns
about lifting limitations on the length and weight of
commercial motor vehicles;
In 2004, the United States Department of Transportation
released the Western Uniformity Scenario Analysis report,
which stated the Department does not favor change in federal
truck size and weight policy; that nationwide, the Department
believes an appropriate balance has been struck on truck size
and weight; and that the Department opposes a piecemeal
approach to truck size and weight policy;
Sense of The Senate.--It is the sense of the Senate that
the prohibitions and restrictions on commercial motor
vehicles under section 127(a) and (d) of title 23, United
States Code, should not be amended so as to weaken the
current `freeze' on those vehicles or result in any more or
less restrictive prohibition or restriction on those
vehicles.
______

SA 752. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin,
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, Mr. Dayton, and Mr.
Nelson of Nebraska) submitted an amendment intended to proposed by him
to the bill H.R. 3, to authorize funds for Federal-aid highways,
highway safety programs, and transmit programs, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the amendment; insert the following:

SEC.__ 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.--The credit allowed under subsection
(a)--
``(1) with respect to any retail alternative fuel vehicle
refueling property, shall not exceed $30,000, and
``(2) with respect to any residential alternative fuel
vehicle refueling property, shall not exceed $1,000.
``(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 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, 2009.''.
(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.

SEC. 5310. MODIFICATION OF RECAPTURE RULES FOR AMORTIZABLE
SECTION 197 INTANGIBLES.

(a) In General.--Subsection (b) of section 1245 is amended
by adding at the end the following new paragraph:
``(9) Disposition of amortizable section 197 intangibles.--
``(A) In general.--If a taxpayer disposes of more than 1
amortizable section 197 intangible (as defined in section
197(c)) in a transaction or a series of related transactions,
all such amortizable 197 intangibles shall be treated as 1
section 1245 property for purposes of this section.
``(B) Exception.--Subparagraph (A) shall not apply to any
amortizable section 197 intangible (as so defined) with
respect to which the adjusted basis exceeds the fair market
value.''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions of property after the date of the
enactment of this Act.
______

SA 753. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin,
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, Mr. Dayton, and Mr.
Nelson of Nebraska) submitted an amendment intended to be proposed to
amendment SA 670 proposed by Mr. OBAMA (for himself, Mr. Coleman, Mr.
Lugar, Mr. Durbin, Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, and
Mr. Dayton) to the 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 1, strike line 5 and all that follows and insert
the following:
(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.--The credit allowed under subsection
(a)--
``(1) with respect to any retail alternative fuel vehicle
refueling property, shall not exceed $30,000, and
``(2) with respect to any residential alternative fuel
vehicle refueling property, shall not exceed $1,000.
``(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),

[[Page S5177]]

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 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, 2009.''.
(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.

SEC. 5310. MODIFICATION OF RECAPTURE RULES FOR AMORTIZABLE
SECTION 197 INTANGIBLES.

(a) In General.--Subsection (b) of section 1245 is amended
by adding at the end the following new paragraph:
``(9) Disposition of amortizable section 197 intangibles.--
``(A) In general.--If a taxpayer disposes of more than 1
amortizable section 197 intangible (as defined in section
197(c)) in a transaction or a series of related transactions,
all such amortizable 197 intangibles shall be treated as 1
section 1245 property for purposes of this section.
``(B) Exception.--Subparagraph (A) shall not apply to any
amortizable section 197 intangible (as so defined) with
respect to which the adjusted basis exceeds the fair market
value.''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions of property after the date of the
enactment of this Act.
______

SA 754. Mr. LAUTENBERG submitted an amendment intended to be proposed
to amendment SA 639 submitted by Mr. Lautenberg and intended to be
proposed 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 lieu of the matter proposed to be inserted, insert the
following:

SEC. __. SENSE OF THE SENATE REAFFIRMING SUPPORT FOR FEDERAL
LIMITATIONS ON TRUCK SIZE AND WEIGHT.

(a) Findings.--Congress finds that -
(1) on March 11, 1998, the Senate agreed unanimously to
reaffirm limitations on the length and weight of commercial
motor vehicles as part of S. 1173, the Intermodal Surface
Transportation Efficiency Act of 1997;
(2) in 2000, the Department of Transportation released the
Comprehensive Truck Size and Weight Study, which raised new
safety, infrastructure, and cost recovery concerns about
lifting limitations on the length and weight of commercial
motor vehicles; and
(3) in 2004, the Department of Transportation released the
Western Uniformity Scenario Analysis report, which stated
that the Department--
(A) does not favor change in Federal truck size and weight
policy;
(B) believes an appropriate balance has been struck
nationwide on truck size and weight; and
(C) opposes a piecemeal approach to truck size and weight
policy.
(b) Sense of the Senate.--It is the sense of the Senate
that the prohibitions and restrictions on commercial motor
vehicles under subsections (a) and (d) of section 127 of
title 23, United States Code, should not be amended so as
to--
(1) weaken the current ``freeze'' on those vehicles; or
(2) result in any more or less restrictive prohibition or
restriction on those vehicles.
______

SA 755. Mr. LEVIN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed to amendment SA 725 proposed by Mr.
Santorum (for himself and Mr. Specter) to the 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; as follows:

At the end of the amendment, add the following:

SEC. 1831. TRANSPORTATION NEEDS, GRAYLING, MICHIGAN.

Item number 820 in the table contained in section 1602 of
the Transportation Equity Act for the 21st Century (112 Stat.
287) is amended by striking ``Conduct'' and all that follows
through ``interchange'' and inserting ``Conduct a
transportation needs study and make improvements to I-75
interchanges in the Grayling area''.
______

SA 756. CLINTON (for herself and Mr. Inhofe) submitted an amendment
intended to be proposed to the amendment SA 681 proposed by Mrs.
Clinton to the 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 lieu of the matter proposed to be inserted, 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 that are--
``(i) for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or
``(ii) published in the list under subsection (f)(5) for
non-road vehicles and non-road engines (as defined in section
216 of the Clean Air Act (42 U.S.C. 7550)) that are used in
construction projects that are--

``(I) located in nonattainment or maintenance areas for
ozone, PM<inf>10</inf>, or PM<inf>2.5</inf> (as defined under
the Clean Air Act (42 U.S.C. 7401 et seq.)); and
``(II) funded, in whole or in part, under this title; or

``(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--

[[Page S5178]]

(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.--Section 149 of title 23,
United States Code, is amended by adding at the end the
following:
``(f) Cost-Effective Emission Reduction Strategies.--
``(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 this
section.
``(C) Diesel retrofit technology.--The term `diesel
retrofit technology' means a replacement, repowering,
rebuilding, after treatment, 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 used in construction projects that are--
``(A) located in nonattainment areas for ozone,
PM<inf>10</inf>, or PM<inf>2.5</inf> (as defined under the
Clean Air Act (42 U.S.C. 7401 et seq.)); and
``(B) funded, in whole or in part, under this title.
``(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
``(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 this title;
``(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 a 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) Priority.--States and metropolitan planning
organizations shall give priority in distributing funds
received for congestion management and air quality projects
and programs to finance of diesel retrofit and cost-effective
emission reduction activities identified by States in the
emission reduction strategies developed under this
subsection.
``(7) 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 757. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 670 proposed by Mr. Obama (for himself, Mr. Coleman,
Mr. Lugar, Mr. Durbin, Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent,
and Mr. Dayton) to the 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 lieu of the matter proposed to be inserted, 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.
``(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), only with
respect to any fuel at least 85 percent of the volume of
which consists of ethanol, CNG, LEG, LPG & hydrogen.
``(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 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

[[Page S5179]]

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 758. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an
amendment intended to be proposed to amendment SA 647 by Mr. Sessions
and intended to be proposed to the 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. ____. RAILWAY-HIGHWAY CROSSINGS.

Section 130(e) of title 23, United States Code (as amended
by section 1401(c)(1)), is amended by inserting after
``railway-highway crossings'' the following: ``, and at least
$150,000,000 shall be authorized to be appropriated from the
general fund of the Treasury for the elimination of hazards,
installation of protective devices, and the purchase of
automatic warning signals for use at railway-highway
crossings''.
______

SA 759. 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) 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.
``(2) 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.
``(3) 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).
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(5) Special purpose entity.--The term `special purpose
entity' means a nonprofit entity that--
``(A) is not a State-designated authority; but
``(B) is eligible, as determined by the Governor of the
State in which the entity is located, to participate in the
program under this section.
``(6) Tea-21 criteria.--The term `TEA-21 criteria' means--
``(A) the criteria set forth in subsection (d) of this
section (as in effect on the day before the date of enactment
of the Safe, Affordable, Flexible, and Efficient
Transportation Equity Act of 2005), including applicable
regulations; and
``(B) with respect to subsection (e)(2), the criteria set
forth in subsection (d)(8) of this section (as so in effect).
``(b) Phase I--Preconstruction Planning.--
``(1) In general.--A State, State-designated authority,
multistate-designated authority, or special purpose entity
may apply to the Secretary 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 MAGLEV project;
``(B) a description of the travel market to be served;
``(C) a description of the technology selected for the
MAGLEV 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 assessment;
``(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 Secretary shall
establish an annual deadline for receipt of applications
under this subsection.
``(4) Evaluation.--The Secretary shall evaluate all
applications received by the annual deadline to determine
whether the applications meet criteria established by the
Secretary.
``(5) Selection.--The Secretary, except as otherwise
provided in this section, shall select for Federal support
for preconstruction planning any project that the Secretary
determines meets the criteria.
``(c) Phase II--Environmental Impact Studies.--
``(1) In general.--A State, State-designated authority, or
multistate-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 apply for Federal
funding to assist in--
``(A) preparing an environmental impact statement or
similar analysis required 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) Deadline for applications.--
``(A) In general.--The Secretary shall--
``(i) establish an annual deadline for receipt of Phase II
applications; and
``(ii) evaluate all applications received by that deadline
in accordance with criteria established under subparagraph
(B).
``(B) Criteria.--The Secretary 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 Secretary determines that
a MAGLEV project meets the criteria established under
subparagraph (B), the Secretary shall--
``(i) select that project for Federal Phase II support; and
``(ii) publish in the Federal Register a notice of intent
to prepare an environmental impact statement or similar
analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(d) Phase III--Deployment.--The State, State-designated
agency, multistate-designated agency, or special purpose
entity that is part of a public-private partnership (meeting
the TEA-21 criteria) sponsoring a MAGLEV project that has
completed a final environmental impact statement or similar
analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for both the MAGLEV project
and the entire corridor of which the MAGLEV project is the
initial operating segment, and has completed planning studies
for the construction, operation, and maintenance of the
MAGLEV project, under this or any other program, may submit
an application to the Secretary for Federal funding of a
portion of the capital costs of planning, financing,
constructing, and equipping the preferred alternative
identified in the final environmental impact statement or
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 certain tea-21 criteria.--
Sections 5333(a) of title 49, and

[[Page S5180]]

the TEA-21 criteria, 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 impact studies 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 impact
studies; 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) $6,000,000 for fiscal year 2005; and
``(II) $2,000,000 for each of fiscal years 2006 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 impact studies
under subsection (c)--

``(I) $25,000,000 for fiscal year 2005;
``(II) $37,000,000 for fiscal year 2006;
``(III) $21,000,000 for fiscal year 2007; and
``(IV) $9,000,000 for each of fiscal years 2008 and 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) $500,000,000 for fiscal year 2005;
``(II) $650,000,000 for fiscal year 2006;
``(III) $850,000,000 for fiscal year 2007;
``(IV) $850,000,000 for fiscal year 2008; and
``(V) $600,000,000 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) $13,000,000 for fiscal year 2005;
``(II) $16,000,000 for fiscal year 2006;
``(III) $8,000,000 for fiscal year 2007; and
``(IV) $5,000,000 for each of fiscal years 2008 and 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 Secretary may only provide funds to
MAGLEV projects that meet the criteria established under
subsection (b)(4).
``(2) Priority funding.--The Secretary shall give priority
funding to a MAGLEV project that--
``(A) has already met the TEA-21 criteria and has received
funding prior to the date of enactment of the Safe,
Affordable, Flexible, and Efficient Transportation Equity Act
of 2005 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 Secretary 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 TEA-21
criteria relating to 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 760. 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 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.

____________________