S.Amdt. 1775

TEXT OF AMENDMENTS

SA 1771. Mr. CARPER submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CONSTRUCTION EQUIPMENT AND VEHICLES.

(a) In General.--Chapter 53 of title 49, United States
Code, as amended by this Act, is amended by adding at the end
the following:

``Sec.  5341. Construction equipment and vehicles

``(a) In General.--In accordance with the obligation
process established pursuant to section 149(j)(4) of title
23, a State shall expend amounts required to be obligated for
this section to install diesel emission control technology on
covered equipment, with an engine that does not meet current
model year new engine standards for particulate matter for
the applicable engine power group issued by the Environmental
Protection Agency, on a covered public transportation
construction project within a PM<inf>2.5</inf> nonattainment
or maintenance area. Covered equipment repowered or retrofit
with diesel exhaust control technology installed during the
6-year period ending on the date on which the prime contract
was awarded for the covered public transportation
construction project and equipment that meets the
Environmental Protection Agency Tier 4 emission standards may
be exempt from the requirements of this section.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Covered equipment.--The term `covered equipment'
means any nonroad diesel equipment or on-road diesel
equipment that is operated on a covered public transportation
construction project for not less than 80 hours over the life
of the project.
``(2) Covered public transportation construction project.--
``(A) In general.--The term `covered public transportation
construction project' means a public transportation
construction project carried out under this chapter or any
other Federal law which is funded in whole or in part with
Federal funds.
``(B) Exclusions.--Any project with a total budgeted cost
not to exceed $5,000,000 may be excluded from the
requirements of this section by an applicable State or
metropolitan planning organization.
``(3) Diesel emission control technology.--The term `diesel
emission control technology' means a technology that--
``(A) is--
``(i) a diesel exhaust control technology;
``(ii) a diesel engine upgrade;
``(iii) a diesel engine repower;
``(iv) an idle reduction control technology; or
``(v) any combination of the technologies listed in clauses
(i) through (iv);
``(B) reduces particulate matter emission from covered
equipment by--
``(i) not less than 85 percent control of any emission of
particulate matter; or
``(ii) the maximum achievable reduction of any emission of
particulate matter, taking cost and safety into account; and
``(C) is installed on and operated with the covered
equipment while the equipment is operated on a covered public
transportation construction project and that remains
operational on the covered equipment for the useful life of
the control technology or equipment.
``(4) Eligible entity.--The term `eligible entity' means an
entity (including a subcontractor of the entity) that has
entered into a prime contract or agreement with a State to
carry out a covered public transportation construction
project.
``(5) Nonroad diesel equipment.--
``(A) In general.--The term `nonroad diesel equipment'
means a vehicle, including covered equipment, that is--
``(i) powered by a nonroad diesel engine of not less than
50 horsepower; and
``(ii) not intended for highway use.
``(B) Inclusions.--The term `nonroad diesel equipment'
includes a backhoe, bulldozer, compressor, crane, excavator,
generator, and similar equipment.
``(C) Exclusions.--The term `nonroad diesel equipment' does
not include a locomotive or marine vessel.
``(6) On-road diesel equipment.--The term `on-road diesel
equipment' means any self-propelled vehicle that--

[[Page S1386]]

``(A) operates on diesel fuel;
``(B) is designed to transport persons or property on a
street or highway; and
``(C) has a gross vehicle weight rating of at least 14,000
pounds.
``(7) PM<inf>2.5</inf> nonattainment or maintenance area.--
The term `PM<inf>2.5</inf> nonattainment or maintenance area'
means a nonattainment or maintenance area designated under
section 107(d)(6) of the Clean Air Act (42 U.S.C.
7407(d)(6)).
``(c) Criteria Eligible Activities.--For purposes of
subsection (b)(3)(A):
``(1) Diesel exhaust control technology.--For a diesel
exhaust control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) a verified technology (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad
vehicles and nonroad engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)); and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
published pursuant to section 149(f)(2) of title 23, as in
effect on the day before the date of enactment of the MAP-21,
for achieving a reduction in particulate matter.
``(2) Diesel engine upgrade.--For a diesel engine upgrade,
the upgrade shall be performed on an engine that is--
``(A) rebuilt using new or manufactured components that
collectively qualify as verified technologies (as defined in
section 791 of the Energy Policy Act of 2005 (42 U.S.C.
16131)), for nonroad vehicles and nonroad engines (as defined
in section 216 of the Clean Air Act (42 U.S.C. 7550)); and
``(B) certified by the installer to have been installed in
accordance with the specifications included on the list
published pursuant to section 149(f)(2) of title 23, as in
effect on the day before the date of enactment of the MAP-21,
for achieving a reduction in particulate matter.
``(3) Diesel engine repower.--For a diesel engine repower,
the repower shall be conducted using a new or remanufactured
diesel engine that is--
``(A) installed as a replacement for an engine used in the
existing equipment, subject to the condition that the
replaced engine is returned to the supplier for
remanufacturing to a more stringent set of engine emissions
standards or for use as scrap; and
``(B) meeting a more stringent engine particulate matter
emission standard for the applicable engine power group
established by the Environmental Protection Agency than the
engine particulate matter emission standard applicable to the
replaced engine.
``(4) Idle reduction control technology.--For an idle
reduction control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) a verified technology (as defined in section 791 of
the Energy Policy Act of 2005 (42 U.S.C. 16131)), for nonroad
vehicles and nonroad engines (as defined in section 216 of
the Clean Air Act (42 U.S.C. 7550)); and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
published pursuant to section 149(f)(2) of title 23, as in
effect on the day before the date of enactment of the MAP-21,
for achieving a reduction in particulate matter.
``(d) Eligibility for Credits.--
``(1) In general.--A State may take credit in a State
implementation plan for national ambient air quality
standards for any emission reductions that result from the
implementation of this section.
``(2) Crediting.--An emission reduction described in
paragraph (1) may be credited toward demonstrating conformity
of State implementation plans and transportation plans.''.
(b) Savings Clause.--Nothing in this section modifies or
otherwise affects any authority or restrictions established
under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Report to Congress.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report that
describes the manners in which section 5341 of title 49,
United States Code (as added by subsection (a)) has been
implemented, including the quantity of covered equipment
serviced under those sections and the costs associated with
servicing the covered equipment.
(2) Information from states.--The Secretary shall require
States and recipients, as a condition of receiving amounts
under this Act or under the provisions of any amendments made
by this Act, to submit to the Secretary any information that
the Secretary determines necessary to complete the report
under paragraph (1).
(d) Funding.--Section 149(j)(4) of title 23, United States
Code, as amended by section 1113 of this Act, is amended--
(1) in subparagraph (B), by inserting before the period at
the end the following: ``of this title and section 5341 of
title 49''; and
(2) in subparagraph (C)(i), in the matter preceding
subclause (I)--
(A) by inserting after ``section 330'' the following: ``of
this title and section 5341 of title 49'';
(B) by striking ``such section'' and inserting ``section
330 of this title and section 5341 of title 49''; and
(C) by striking ``that section'' and inserting ``those
sections''.
(e) Technical Amendment.--The analysis for chapter 53 of
title 49, United States Code, as amended by this Act, is
amended by adding at the end the following:

``5341. Construction equipment and vehicles.''.
______

SA 1772. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the end of division D, add the following:

SEC. __. SOCIAL SECURITY LEVEL-INCOME OPTIONS.

(a) ERISA Amendment.--Section 206(g)(3)(E) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1056(g)(3)(E)) is amended by adding at the end the following
new sentence: ``For purposes of applying clause (i) in the
case of payments the annuity starting date for which occurs
on or before December 31, 2014, payments under a social
security leveling option shall be treated as not in excess of
the monthly amount paid under a single life annuity (plus an
amount not in excess of a social security supplement
described in the last sentence of section 204(b)(1)(G)).''.
(b) IRC Amendment.--Section 436(d)(5) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new sentence: ``For purposes of applying
subparagraph (A) in the case of payments the annuity starting
date for which occurs on or before December 31, 2014,
payments under a social security leveling option shall be
treated as not in excess of the monthly amount paid under a
single life annuity (plus an amount not in excess of a social
security supplement described in the last sentence of section
411(a)(9)).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to annuity payments the annuity starting date for which
occurs on or after January 1, 2013.
(2) Permitted application.--A plan shall not be treated as
failing to meet the requirements of section 206(g) of the
Employee Retirement Income Security Act of 1974 (as amended
by this section) and section 436(d) of the Internal Revenue
Code of 1986 (as so amended) merely because the plan sponsor
elects to apply the amendments made by this section to
payments the annuity starting date for which occurs before
January 1, 2013.
______

SA 1773. Mr. PRYOR submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the end of subtitle E of title I of division A, add the
following:

SEC. 15__. QUADRENNIAL ENERGY REVIEW.

(a) Findings.--Congress finds that--
(1) the President's Council of Advisors on Science and
Technology recommends that the United States develop a
Government wide Federal energy policy and update the policy
regularly with strategic Quadrennial Energy Reviews similar
to the reviews conducted by the Department of Defense;
(2) as the lead agency in support of energy science and
technology innovation, the Department of Energy has conducted
a Quadrennial Technology Review of the energy technology
policies and programs of the Department;
(3) the Quadrennial Technology Review of the Department of
Energy serves as the basis for coordination with other
agencies and on other programs for which the Department has a
key role;
(4) a Quadrennial Energy Review would--
(A) establish integrated, Government wide national energy
objectives in the context of economic, environmental, and
security priorities;
(B) coordinate actions across Federal agencies;
(C) identify the resources needed for the invention,
adoption, and diffusion of energy technologies; and
(D) provide a strong analytical base for Federal energy
policy decisions;
(5) the development of an energy policy resulting from a
Quadrennial Energy Review would--
(A) enhance the energy security of the United States;
(B) create jobs; and
(C) mitigate environmental harm; and
(6) while a Quadrennial Energy Review will be a product of
the executive branch, the review will have substantial input
from--
(A) Congress;
(B) the energy industry;
(C) academia;
(D) nongovernmental organizations; and
(E) the public.
(b) Quadrennial Energy Review.--Section 801 of the
Department of Energy Organization Act (42 U.S.C. 7321) is
amended to read as follows:

``SEC. 801. QUADRENNIAL ENERGY REVIEW.

``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Science and Technology Policy within the
Executive Office of the President.

[[Page S1387]]

``(2) Federal laboratory.--
``(A) In general.--The term `Federal Laboratory' has the
meaning given the term `laboratory' in section 12(d) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)).
``(B) Inclusion.--The term `Federal Laboratory' includes a
federally funded research and development center sponsored by
a Federal agency.
``(3) Interagency energy coordination council.--The term
`interagency energy coordination council' means a council
established under subsection (b)(1).
``(4) Quadrennial energy review.--The term `Quadrennial
Energy Review' means a comprehensive multiyear review,
coordinated across the Federal agencies, that--
``(A) covers all energy programs and technologies of the
Federal Government;
``(B) establishes energy objectives across the Federal
Government; and
``(C) covers each of the areas described in subsection
(d)(2).
``(b) Interagency Energy Coordination Council.--
``(1) Establishment.--Beginning on February 1, 2013, and
every 4 years thereafter, the President shall establish an
interagency energy coordination council to coordinate the
Quadrennial Energy Review.
``(2) Co-chairpersons.--The Secretary and the Director
shall be co-chairpersons of the interagency energy
coordination council.
``(3) Membership.--The interagency energy coordination
council shall be comprised of representatives at level I or
II of the Executive Schedule of--
``(A) the Department of Commerce;
``(B) the Department of Defense;
``(C) the Department of State;
``(D) the Department of the Interior;
``(E) the Department of Agriculture;
``(F) the Department of the Treasury;
``(G) the Department of Transportation;
``(H) the Office of Management and Budget;
``(I) the National Science Foundation;
``(J) the Environmental Protection Agency; and
``(K) such other Federal organizations, departments, and
agencies that the President considers to be appropriate.
``(c) Conduct of Review.--Each Quadrennial Energy Review
shall be conducted to provide an integrated view of national
energy objectives and Federal energy policy, including (to
the maximum extent practicable) alignment of research
programs, incentives, regulations, and partnerships.
``(d) Submission of Quadrennial Energy Review to
Congress.--
``(1) In general.--Not later than February 1, 2015, and
every 4 years thereafter, the Secretary, in cooperation with
the Director, shall publish and submit to Congress a report
on the Quadrennial Energy Review.
``(2) Inclusions.--The report described in paragraph (1)
shall include, at a minimum--
``(A) an integrated view of short-, intermediate-, and
long-term objectives for Federal energy policy in the context
of economic, environmental, and security priorities;
``(B) anticipated Federal actions (including programmatic,
regulatory, and fiscal actions) and resource requirements--
``(i) to achieve the objectives described in subparagraph
(A); and
``(ii) to be coordinated across multiple agencies;
``(C) an analysis of the prospective roles of parties
(including academia, industry, consumers, the public, and
Federal agencies) in achieving the objectives described in
subparagraph (A), including--
``(i) an analysis, by energy use sector, including--

``(I) commercial and residential buildings;
``(II) the industrial sector;
``(III) transportation; and
``(IV) electric power;

``(ii) requirements for invention, adoption, development,
and diffusion of energy technologies that are mapped onto
each of the energy use sectors; and
``(iii) other research that inform strategies to
incentivize desired actions;
``(D) an assessment of policy options to increase domestic
energy supplies;
``(E) an evaluation of energy storage, transmission, and
distribution requirements, including requirements for
renewable energy;
``(F) an integrated plan for the involvement of the Federal
Laboratories in energy programs;
``(G) portfolio assessments that describe the optimal
deployment of resources, including prioritizing financial
resources for energy programs;
``(H) a mapping of the linkages among basic research and
applied programs, demonstration programs, and other
innovation mechanisms across the Federal agencies;
``(I) an identification of, and projections for,
demonstration projects, including timeframes, milestones,
sources of funding, and management;
``(J) an identification of public and private funding needs
for various energy technologies, systems, and infrastructure,
including consideration of public-private partnerships,
loans, and loan guarantees;
``(K) an assessment of global competitors and an
identification of programs that can be enhanced with
international cooperation;
``(L) an identification of policy gaps that need to be
filled to accelerate the adoption and diffusion of energy
technologies, including consideration of--
``(i) Federal tax policies; and
``(ii) the role of Federal agencies as early adopters and
purchasers of new energy technologies;
``(M) an analysis of--
``(i) points of maximum leverage for policy intervention to
achieve outcomes; and
``(ii) areas of energy policy that can be most effective in
meeting national goals for the energy sector; and
``(N) recommendations for executive branch organization
changes to facilitate the development and implementation of
Federal energy policies.
``(e) Executive Secretariat.--
``(1) In general.--The Secretary shall provide the
Executive Secretariat with the necessary analytical,
financial, and administrative support for the conduct of each
Quadrennial Energy Review required under this section.
``(2) Cooperation.--The heads of applicable Federal
agencies shall cooperate with the Secretary and provide such
assistance, information, and resources as the Secretary may
require to assist in carrying out this section.''.
(c) Administration.--Nothing in this section or an
amendment made by this section supersedes, modifies, amends,
or repeals any provision of Federal law not expressly
superseded, modified, amended, or repealed by this section.
______

SA 1774. Mr. PORTMAN submitted an amendment intended to be proposed
to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 1406.
______

SA 1775. Mr. CONRAD (for himself and Mr. Hoeven) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of section 125 of title 23, United States Code
(as amended by section 1107), add the following:
``(g) Protecting Public Safety and Maintaining Roadways.--
The Secretary may use amounts from the emergency fund
authorized by this section to carry out projects that the
Secretary determines are necessary to protect public safety
or to maintain or protect roadways that have been included
within the scope of a prior emergency declaration in order to
maintain the continuation of roadway services on roads that
are threatened by continuous or frequent flooding.''.
______

SA 1776. Ms. CANTWELL submitted an amendment intended to be proposed
by him to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in division C, insert the
following:

SEC. 3__. OFFICE OF FREIGHT PLANNING AND DEVELOPMENT.

(a) In General.--Section 102 of title 49, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Office of Freight Planning and Development.--
``(1) Establishment.--There is established within the
Office of the Secretary an Office of Freight Planning and
Development, which shall--
``(A) coordinate investment of Federal funding to improve
the efficiency of the national transportation system to move
freight consistent with the policy and objectives set forth
in chapter 313;
``(B) facilitate communication among government, public,
and private freight transportation stakeholders;
``(C) support the Secretary in the development of the
National Freight Transportation Strategic Plan; and
``(D) carry out other duties, as prescribed by the
Secretary.
``(2) Organization.--The head of the Office shall be the
Assistant Secretary of Freight Planning and Development.''.
(b) Conforming Amendments.--
(1) Assistant secretaries.--Section 102(e) of title 49,
United States Code, is amended by striking ``4''and inserting
``5''.
(2) Executive schedule.--Section 5315 of title 5, United
States Code, is amended by striking ``(4)'' in the item
relating to Assistant Secretaries of Transportation and
inserting ``(5)''.
______

SA 1777. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

[[Page S1388]]

TITLE ___--PUBLIC SAFETY OFFICERS AND VOLUNTEERS

Subtitle A--Public Safety Officers Benefits

SEC. __21. SHORT TITLE.

This subtitle may be cited as the ``Dale Long Public Safety
Officers' Benefits Improvements Act of 2012''.

SEC. __22. BENEFITS FOR CERTAIN NONPROFIT EMERGENCY MEDICAL
SERVICE PROVIDERS AND CERTAIN TRAINEES;
MISCELLANEOUS AMENDMENTS.

(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is
amended--
(1) in section 901(a) (42 U.S.C. 3791(a))--
(A) in paragraph (26), by striking ``and'' at the end;
(B) in paragraph (27), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(28) the term `hearing examiner' includes any medical or
claims examiner.'';
(2) in section 1201 (42 U.S.C. 3796)--
(A) in subsection (a), by striking ``follows:'' and all
that follows and inserting the following: ``follows (if the
payee indicated is living on the date on which the
determination is made)--
``(1) if there is no child who survived the public safety
officer, to the surviving spouse of the public safety
officer;
``(2) if there is at least 1 child who survived the public
safety officer and a surviving spouse of the public safety
officer, 50 percent to the surviving child (or children, in
equal shares) and 50 percent to the surviving spouse;
``(3) if there is no surviving spouse of the public safety
officer, to the surviving child (or children, in equal
shares);
``(4) if there is no surviving spouse of the public safety
officer and no surviving child--
``(A) to the surviving individual (or individuals, in
shares per the designation, or, otherwise, in equal shares)
designated by the public safety officer to receive benefits
under this subsection in the most recently executed
designation of beneficiary of the public safety officer on
file at the time of death with the public safety agency,
organization, or unit; or
``(B) if there is no individual qualifying under
subparagraph (A), to the surviving individual (or
individuals, in equal shares) designated by the public safety
officer to receive benefits under the most recently executed
life insurance policy of the public safety officer on file at
the time of death with the public safety agency,
organization, or unit;
``(5) if there is no individual qualifying under paragraph
(1), (2), (3), or (4), to the surviving parent (or parents,
in equal shares) of the public safety officer; or
``(6) if there is no individual qualifying under paragraph
(1), (2), (3), (4), or (5), to the surviving individual (or
individuals, in equal shares) who would qualify under the
definition of the term `child' under section 1204 but for
age.'';
(B) in subsection (b)--
(i) by striking ``direct result of a catastrophic'' and
inserting ``direct and proximate result of a personal'';
(ii) by striking ``pay,'' and all that follows through
``the same'' and inserting ``pay the same'';
(iii) by striking ``in any year'' and inserting ``to the
public safety officer (if living on the date on which the
determination is made)'';
(iv) by striking ``in such year, adjusted'' and inserting
``with respect to the date on which the catastrophic injury
occurred, as adjusted'';
(v) by striking ``, to such officer'';
(vi) by striking ``the total'' and all that follows through
``For'' and inserting ``for''; and
(vii) by striking ``That these'' and all that follows
through the period, and inserting ``That the amount payable
under this subsection shall be the amount payable as of the
date of catastrophic injury of such public safety officer.'';
(C) in subsection (f)--
(i) in paragraph (1), by striking ``, as amended (D.C.
Code, sec. 4 622); or'' and inserting a semicolon;
(ii) in paragraph (2)--

(I) by striking ``. Such beneficiaries shall only receive
benefits under such section 8191 that'' and inserting ``,
such that beneficiaries shall receive only such benefits
under such section 8191 as''; and
(II) by striking the period at the end and inserting ``;
or''; and

(iii) by adding at the end the following:
``(3) payments under the September 11th Victim Compensation
Fund of 2001 (49 U.S.C. 40101 note; Public Law 107 42).'';
(D) by amending subsection (k) to read as follows:
``(k) As determined by the Bureau, a heart attack, stroke,
or vascular rupture suffered by a public safety officer shall
be presumed to constitute a personal injury within the
meaning of subsection (a), sustained in the line of duty by
the officer and directly and proximately resulting in death,
if--
``(1) the public safety officer, while on duty--
``(A) engages in a situation involving nonroutine stressful
or strenuous physical law enforcement, fire suppression,
rescue, hazardous material response, emergency medical
services, prison security, disaster relief, or other
emergency response activity; or
``(B) participates in a training exercise involving
nonroutine stressful or strenuous physical activity;
``(2) the heart attack, stroke, or vascular rupture
commences--
``(A) while the officer is engaged or participating as
described in paragraph (1);
``(B) while the officer remains on that duty after being
engaged or participating as described in paragraph (1); or
``(C) not later than 24 hours after the officer is engaged
or participating as described in paragraph (1); and
``(3) the heart attack, stroke, or vascular rupture
directly and proximately results in the death of the public
safety officer,

unless competent medical evidence establishes that the heart
attack, stroke, or vascular rupture was unrelated to the
engagement or participation or was directly and proximately
caused by something other than the mere presence of
cardiovascular-disease risk factors.''; and
(E) by adding at the end the following:
``(n) The public safety agency, organization, or unit
responsible for maintaining on file an executed designation
of beneficiary or executed life insurance policy for purposes
of subsection (a)(4) shall maintain the confidentiality of
the designation or policy in the same manner as the agency,
organization, or unit maintains personnel or other similar
records of the public safety officer.'';
(3) in section 1202 (42 U.S.C. 3796a)--
(A) by striking ``death'', each place it appears except the
second place it appears, and inserting ``fatal''; and
(B) in paragraph (1), by striking ``or catastrophic
injury'' the second place it appears and inserting ``,
disability, or injury'';
(4) in section 1203 (42 U.S.C. 3796a 1)--
(A) in the section heading, by striking ``WHO HAVE DIED IN
THE LINE OF DUTY'' and inserting ``WHO HAVE SUSTAINED FATAL
OR CATASTROPHIC INJURY IN THE LINE OF DUTY''; and
(B) by striking ``who have died in the line of duty'' and
inserting ``who have sustained fatal or catastrophic injury
in the line of duty'';
(5) in section 1204 (42 U.S.C. 3796b)--
(A) in paragraph (1), by striking ``consequences of an
injury that'' and inserting ``an injury, the direct and
proximate consequences of which'';
(B) in paragraph (3)--
(i) in the matter preceding clause (i)--

(I) by inserting ``or permanently and totally disabled''
after ``deceased''; and
(II) by striking ``death'' and inserting ``fatal or
catastrophic injury''; and

(ii) by redesignating clauses (i), (ii), and (iii) as
subparagraphs (A), (B), and (C), respectively;
(C) in paragraph (5)--
(i) by striking ``post-mortem'' each place it appears and
inserting ``post-injury'';
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and
(iii) in subparagraph (B), as so redesignated, by striking
``death'' and inserting ``fatal or catastrophic injury'';
(D) in paragraph (7), by striking ``public employee member
of a rescue squad or ambulance crew;'' and inserting
``employee or volunteer member of a rescue squad or ambulance
crew (including a ground or air ambulance service) that--
``(A) is a public agency; or
``(B) is (or is a part of) a nonprofit entity serving the
public that--
``(i) is officially authorized or licensed to engage in
rescue activity or to provide emergency medical services; and
``(ii) is officially designated as a prehospital emergency
medical response agency;''; and
(E) in paragraph (9)--
(i) in subparagraph (A), by striking ``as a chaplain, or as
a member of a rescue squad or ambulance crew;'' and inserting
``or as a chaplain;'';
(ii) in subparagraph (B)(ii), by striking ``or'' after the
semicolon;
(iii) in subparagraph (C)(ii), by striking the period and
inserting ``; and''; and
(iv) by adding at the end the following:
``(D) a member of a rescue squad or ambulance crew who, as
authorized or licensed by law and by the applicable agency or
entity (and as designated by such agency or entity), is
engaging in rescue activity or in the provision of emergency
medical services.'';
(6) in section 1205 (42 U.S.C. 3796c), by adding at the end
the following:
``(d) Unless expressly provided otherwise, any reference in
this part to any provision of law not in this part shall be
understood to constitute a general reference under the
doctrine of incorporation by reference, and thus to include
any subsequent amendments to the provision.'';
(7) in each of subsections (a) and (b) of section 1212 (42
U.S.C. 3796d 1), sections 1213 and 1214 (42 U.S.C. 3796d 2
and 3796d 3), and subsections (b) and (c) of section 1216 (42
U.S.C. 3796d 5), by striking ``dependent'' each place it
appears and inserting ``person'';
(8) in section 1212 (42 U.S.C. 3796d 1)--
(A) in subsection (a)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Subject'' and all that follows through ``,
the'' and inserting ``The''; and
(ii) in paragraph (3), by striking ``reduced by'' and all
that follows through ``(B) the amount'' and inserting
``reduced by the amount'';
(B) in subsection (c)--
(i) in the subsection heading, by striking ``Dependent'';
and
(ii) by striking ``dependent'';

[[Page S1389]]

(9) in section 1213(b)(2) (42 U.S.C. 3796d 2(b)(2)), by
striking ``dependent's'' each place it appears and inserting
``person's'';
(10) in section 1216 (42 U.S.C. 3796d 5)--
(A) in subsection (a), by striking ``each dependent'' each
place it appears and inserting ``a spouse or child''; and
(B) by striking ``dependents'' each place it appears and
inserting ``a person''; and
(11) in section 1217(3)(A) (42 U.S.C. 3796d 6(3)(A)), by
striking ``described in'' and all that follows and inserting
``an institution of higher education, as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002);
and''.
(b) Technical and Conforming Amendment.--Section
402(l)(4)(C) of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``section 1204(9)(A)'' and inserting
``section 1204(10)(A)''; and
(2) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting
``42 U.S.C. 3796b(10)(A)''.

SEC. __23. AUTHORIZATION OF APPROPRIATIONS; DETERMINATIONS;
APPEALS.

The matter under the heading ``public safety officers
benefits'' under the heading ``Office of Justice Programs''
under title II of division B of the Consolidated
Appropriations Act, 2008 (Public Law 110 161; 121 Stat. 1912;
42 U.S.C. 3796c 2) is amended--
(1) by striking ``decisions'' and inserting
``determinations'';
(2) by striking ``(including those, and any related
matters, pending)''; and
(3) by striking the period at the end and inserting the
following: ``:  Provided further, That, on and after the date
of enactment of the Dale Long Public Safety Officers'
Benefits Improvements Act of 2012, as to each such statute--
``(1) the provisions of section 1001(a)(4) of such title I
(42 U.S.C. 3793(a)(4)) shall apply;
``(2) payment shall be made only upon a determination by
the Bureau that the facts legally warrant the payment;
``(3) any reference to section 1202 of such title I shall
be deemed to be a reference to paragraphs (2) and (3) of such
section 1202; and
``(4) a certification submitted under any such statute may
be accepted by the Bureau as prima facie evidence of the
facts asserted in the certification:

Provided further, That, on and after the date of enactment
of the Dale Long Public Safety Officers' Benefits
Improvements Act of 2012, no appeal shall bring any final
determination of the Bureau before any court for review
unless notice of appeal is filed (within the time specified
herein and in the manner prescribed for appeal to United
States courts of appeals from United States district courts)
not later than 90 days after the date on which the Bureau
serves notice of the final determination:  Provided further,
That any regulations promulgated by the Bureau under such
part (or any such statute) before, on, or after the date of
enactment of the Dale Long Public Safety Officers' Benefits
Improvements Act of 2012 shall apply to any matter pending
on, or filed or accruing after, the effective date specified
in the regulations, except as the Bureau may indicate
otherwise.''.

SEC. __24. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall--
(1) take effect on the date of enactment of this Act; and
(2) apply to any matter pending, before the Bureau of
Justice Assistance or otherwise, on the date of enactment of
this Act, or filed or accruing after that date.
(b) Exceptions.--
(1) Rescue squads and ambulance crews.--For a member of a
rescue squad or ambulance crew (as defined in section 1204(8)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended by this subtitle), the amendments made by
this subtitle shall apply to injuries sustained on or after
June 1, 2009.
(2) Heart attacks, strokes, and vascular ruptures.--Section
1201(k) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by this subtitle, shall apply
to heart attacks, strokes, and vascular ruptures sustained on
or after December 15, 2003.

Subtitle B--Liability Protection for Volunteer Pilots That Fly for
Public Benefit

SEC. __41. SHORT TITLE.

This subtitle may be cited as the ``Volunteer Pilot
Protection Act of 2012''.

SEC. __42. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) Many volunteer pilots fly for public benefit and
provide valuable services to communities and individuals.
(2) In 2006, volunteer pilots provided long-distance, no-
cost transportation for more than 58,000 people during times
of special need.
(b) Purpose.--The purpose of this subtitle is to promote
the activities of volunteer pilots who fly for public benefit
and to sustain the availability of the services that such
volunteers provide, including the following:
(1) Transportation at no cost to financially needy medical
patients for medical treatment, evaluation, and diagnosis.
(2) Flights for humanitarian and charitable purposes.
(3) Other flights of compassion.

SEC. __43. LIABILITY PROTECTION FOR VOLUNTEER PILOTS THAT FLY
FOR PUBLIC BENEFIT.

Section 4(a)(4) of the Volunteer Protection Act of 1997 (42
U.S.C. 14503(a)(4)) is amended by striking ``craft, or
vessel'' and all that follows and inserting the following:
``craft, or vessel to possess an operator's license or
maintain insurance, except that this paragraph does not apply
to a volunteer who--
``(A) was operating an aircraft in furtherance of the
purpose of a volunteer pilot nonprofit organization that
flies for public benefit; and
``(B) was properly licensed and insured for the operation
of the aircraft.''.
______

SA 1778. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway
and highway safety construction programs, and for other purposes; which
was ordered to lie on the table; as follows:

In section 601(a)(11) of title 23, United States Code (as
amended by section 3002), strike subparagraph (C) and all
that follows through ``(D) a project that--'' and insert the
following:
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and vehicles
owned by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems;
``(D) a project for the acquisition of plant and wildlife
habitat pursuant to a conservation plan that--
(i) has been approved by the Secretary of the Interior
pursuant to section 10 of the Endangered Species Act of 1973
(16 U.S.C. 1539); and
(ii) in the judgment of the Secretary, would mitigate the
environmental impacts of transportation infrastructure
projects otherwise eligible for assistance under this
chapter; and
``(E) a project that--
______

SA 1779. Mr. ALEXANDER (for himself and Mr. Wyden) submitted an
amendment intended to be proposed by him to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end, add the following:

DIVISION __AIR TRANSPORTATION

SEC. __. TECHNICAL CORRECTIONS RELATING TO OVERFLIGHTS OF
NATIONAL PARKS.

(a) In General.--Section 40128 of title 49, United States
Code, is amended to read as follows:

``Sec.  40128. Overflights of national parks

``(a) In General.--
``(1) General delineation of responsibilities.--
``(A) Authority of director.--The Director has the
authority to establish air tour management plans, issue air
tour permits for commercial air tour operations conducted in
accordance with an air tour management plan, enter into a
voluntary agreement with a commercial air tour operator, and
issue interim operating permits under subsection (c).
``(B) Authority of administrator.--The Administrator has
the authority to ensure that any action taken under this
section does not adversely affect aviation safety or the
management of the national airspace system.
``(2) General requirements.--A commercial air tour operator
may not conduct commercial air tour operations over a
national park or tribal lands, as defined by this section,
except--
``(A) in accordance with this section;
``(B) in accordance with conditions and limitations
prescribed for that operator; and
``(C) in accordance with any applicable air tour management
plan or voluntary agreement developed under subsection (b)
for the park or tribal lands.
``(3) Application for operating authority.--
``(A) Application required.--Before commencing commercial
air tour operations over a national park or tribal lands, a
commercial air tour operator shall apply to the Director for
authority to conduct the operations over the park or tribal
lands.
``(B) Number of operations authorized.--In determining the
number of authorizations to issue to provide commercial air
tour operations over a national park, the Director shall take
into consideration the provisions of the air tour management
plan, the number of existing commercial air tour operators
and current level of service and equipment provided by any
such operators, and the financial viability of each
commercial air tour operation.
``(C) Consultation with faa.--Before granting an
application under this paragraph, the Director, in
consultation with the Administrator, shall develop an air
tour management plan in accordance with subsection (b) and
implement such plan.
``(D) Time limit on response to atmp applications.--The
Director shall make every effort to act on any application
under this paragraph and issue a decision on the application
not later than 24 months after it is received or amended.
``(E) Priority.--In acting on applications under this
paragraph to provide commercial air tour operations over a
national park, the Director shall give priority to an
application under this paragraph in any case in which a new
entrant commercial air tour operator is

[[Page S1390]]

seeking operating authority with respect to that national
park.
``(4) Exception.--Notwithstanding paragraph (2), commercial
air tour operators may conduct commercial air tour operations
over a national park under part 91 of the title 14, Code of
Federal Regulations, if--
``(A) such activity is permitted under part 119 of such
title;
``(B) the total number of operations under this exception
is limited to not more than five flights in any 30-day period
over a particular park; and
``(C) the operator complies with the conditions under which
the operations will be conducted as established by the
Director, in consultation with the Administrator.
``(5) Special rule for safety requirements.--Before
receiving a permit issued under this section, a commercial
air tour operator shall have obtained the appropriate
operating authority as required by the Administrator under
part 119, 121, or 135 of title 14, Code of Federal
Regulations, to conduct operations under this section.
``(6) Exemption for national parks with 50 or fewer flights
each year.--
``(A) In general.--A national park that has 50 or fewer
commercial air tour operations over the park each year shall
be exempt from the requirements of this section, except as
provided in subparagraph (B).
``(B) Withdrawal of exemption.--If the Director determines
that an air tour management plan or voluntary agreement is
necessary to protect park resources and values or park
visitor use and enjoyment, the Director shall withdraw the
exemption of a park under subparagraph (A).
``(C) List of parks.--The Director shall maintain a list
each year of national parks that are covered by the exemption
provided under this paragraph.
``(b) Air Tour Management Plans.--
``(1) Establishment.--
``(A) In general.--The Director, in consultation with the
Administrator, shall establish an air tour management plan
for any national park or tribal land for which such a plan is
not in effect whenever a person applies for authority to
conduct a commercial air tour operation over the park. The
air tour management plan shall be developed by means of a
public process in accordance with paragraph (4).
``(B) Objective.--The objective of any air tour management
plan shall be to develop acceptable and effective measures to
mitigate or prevent the significant adverse impacts, if any,
of commercial air tour operations upon the natural and
cultural resources, visitor experiences, and tribal lands.
``(C) Exception.--An application to begin commercial air
tour operations at Crater Lake National Park may be denied
without the establishment of an air tour management plan by
the Director of the National Park Service if the Director
determines that such operations would adversely affect park
resources or visitor experiences.
``(2) Environmental determination.--In establishing an air
tour management plan and issuing a permit for a commercial
air tour operator under this section, the Director shall
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). Any environmental thresholds, analyses,
impact determinations, and conditions prepared or used by the
Director to establish an air tour management plan or issue a
permit under this section shall have no broader application
or be given deference beyond this section.
``(3) Contents.--An air tour management plan for a national
park--
``(A) may prohibit commercial air tour operations over a
national park in whole or in part;
``(B) may establish conditions for the conduct of
commercial air tour operations over a national park,
including commercial air tour routes, maximum or minimum
altitudes, time-of-day restrictions, restrictions for
particular events, maximum number of flights per unit of
time, intrusions on privacy on tribal lands, and mitigation
of noise, visual, or other impacts;
``(C) shall apply to all commercial air tour operations
over a national park that are also within \1/2\ mile outside
the boundary of a national park;
``(D) shall include incentives (such as preferred
commercial air tour routes and altitudes, relief from caps
and curfews) for the adoption of quiet aircraft technology by
commercial air tour operators conducting commercial air tour
operations over a national park when practicable;
``(E) shall provide for the initial allocation of
opportunities to conduct commercial air tour operations over
a national park if the plan includes a limitation on the
number of commercial air tour operations for any time period;
``(F) may not have been found to have adverse effects on
aviation safety or the management of the national airspace
system by the Administrator; and
``(G) shall justify and document the need for measures
taken pursuant to subparagraphs (A) through (F).
``(4) Procedure.--In establishing an air tour management
plan for a national park or tribal lands, the Director
shall--
``(A) hold at least one public meeting with interested
parties to develop the air tour management plan;
``(B) publish a notice of availability of the proposed plan
in the Federal Register for notice and comment and make
copies of the proposed plan available to the public;
``(C) comply with the regulations set forth in parts 1500
through 1508 of title 40, Code of Federal Regulations;
``(D) solicit the participation of any Indian tribe whose
tribal lands are, or may be, overflown by aircraft involved
in a commercial air tour operation over the park or tribal
lands to which the plan applies, as a cooperating agency
under the regulations referred to in subparagraph (C); and
``(E) consult with the Administrator with respect to
effects on aviation safety and the management of the national
airspace system.
``(5) Judicial review.--An air tour management plan
developed under this subsection shall be subject to judicial
review pursuant to chapter 7 of title 5, United States Code.
``(6) Amendments and revocations.--The Director may make
amendments to an air tour management plan and any permits
issued pursuant to an air tour management plan, and may
revoke permits. The Director shall consult with the
Administrator to ensure that any such amendments or
revocations will not adversely affect aviation safety or the
management of the national airspace system. Any such
amendments and revocations shall be published in the Federal
Register for notice and comment. A request for amendment of
an air tour management plan or permit shall be made in such
form and manner as the Director may prescribe.
``(7) Voluntary agreements.--
``(A) In general.--As an alternative to an air tour
management plan, the Director may enter into a voluntary
agreement with a commercial air tour operator (including a
new entrant commercial air tour operator and an operator that
has an interim operating permit) that has applied to conduct
commercial air tour operations over a national park to manage
commercial air tour operations over such national park.
``(B) Park protection.--A voluntary agreement entered into
under subparagraph (A) shall protect the national park
resources, values, and visitor experience without
compromising aviation safety or the management of the
national airspace system and may--
``(i) include provisions such as those included in the
content of an air tour management plan;
``(ii) include provisions to ensure the stability of, and
compliance with, the voluntary agreement; and
``(iii) provide for fees for such operations.
``(C) Public review.--The Director shall provide an
opportunity for public review of a proposed voluntary
agreement under this paragraph and shall consult with any
Indian tribe whose tribal lands are, or may be, flown over by
a commercial air tour operator under a voluntary agreement
under this paragraph. After such opportunity for public
review and consultation, the voluntary agreement may be
implemented without further administrative or environmental
process beyond that described in this subsection.
``(D) Termination.--
``(i) In general.--A voluntary agreement under this
paragraph may be terminated at any time at the discretion
of--

``(I) the Director, if the Director determines that the
agreement is not adequately protecting park resources or
visitor experiences; or
``(II) the Administrator, if the Administrator determines
that the agreement is adversely affecting aviation safety or
the national airspace system.

``(ii) Effect of termination.--If a voluntary agreement
with respect to a national park is terminated under this
subparagraph, the operators shall conform to the requirements
for an interim operating permit under subsection (c) until an
air tour management plan for the park is in effect.
``(c) Interim Operating Authority.--
``(1) In general.--Interim operating authority granted by
the Administrator under this subsection, as in effect on the
day before the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, shall, on and after such
date of enactment, be known as an interim operating permit
and be administered by the Director in accordance with the
conditions of this subsection.
``(2) Requirements and limitations.--An interim operating
permit--
``(A) shall maintain the same annual authorizations as
provided for interim operating authority under this
subsection, as in effect on the day before the date of the
enactment of the Moving Ahead for Progress in the 21st
Century Act; and
``(B) may not provide for an increase in the number of
commercial air tour operations over a national park conducted
during any time period by the commercial air tour operator
above the number that the air tour operator was granted
unless such an increase is approved by the Director in
consultation with the Administrator;
``(C) may be revoked by the Director for cause;
``(D) shall terminate 180 days after the date on which an
air tour management plan is established for the park or
tribal lands;
``(E) shall promote protection of national park resources,
visitor experiences, and tribal lands;
``(F) shall promote safe commercial air tour operations;
``(G) shall promote the adoption of quiet technology, as
appropriate; and
``(H) may allow for modifications of the interim operating
permit without further environmental review beyond that
described in this subsection, if--

[[Page S1391]]

``(i) adequate information regarding the existing and
proposed operations of the operator under the interim
operating permit is provided to the Director;
``(ii) the Director agrees with the modification, based on
the professional expertise of the Director regarding the
protection of the resources, values, and visitor use and
enjoyment of the park; and
``(iii) the Director receives advice in writing from the
Administrator that there would be no adverse impact on
aviation safety or the national airspace system.
``(3) Modifications and revocations.--Any modification or
revocation of an interim operating permit shall be published
in the Federal Register to provide notice and opportunity for
comment.
``(4) New entrant air tour operators.--
``(A) In general.--The Director, in consultation with the
Administrator, may grant an interim operating permit under
this paragraph to an air tour operator for a national park or
tribal lands for which that operator is a new entrant air
tour operator without further environmental process beyond
that described in this paragraph, if--
``(i) adequate information on the proposed operations of
the operator is provided to the Director by the operator
making the request;
``(ii) the Director agrees, based on the Director's
professional expertise regarding the protection of park
resources and values and visitor use and enjoyment; and
``(iii) the Director receives advice in writing from the
Administrator that there would be no adverse impact on
aviation safety or the national airspace system.
``(B) Safety limitation.--The Director may not grant an
interim operating permit under subparagraph (A) if the
Administrator determines that it would create a safety
problem at the park or on the tribal lands, or the Director
determines that it would create a noise problem at the park
or on the tribal lands.
``(d) Commercial Air Tour Operator Reports.--
``(1) Report.--Each commercial air tour operator conducting
a commercial air tour operation over a national park under an
interim operating permit granted under subsection (c) or in
accordance with an air tour management plan or voluntary
agreement under subsection (b) shall submit to the Director a
report regarding the number of commercial air tour operations
over each national park that are conducted by the operator
and such other information as the Director may request in
order to facilitate administering the provisions of this
section.
``(2) Report submission.--The Director shall issue a
request for reports under this subsection. The reports shall
be submitted to the Director with a frequency and in a format
prescribed by the Director.
``(e) Collection of Fees From Air Tour Operations.--
``(1) In general.--The Director shall determine and assess
a fee under paragraph (2) on a commercial air tour operator
conducting commercial air tour operations over a national
park, including the Grand Canyon National Park.
``(2) Amount of fee.--In determining the amount of the fee
assessed under paragraph (1), the Director shall collect
sufficient revenue, in the aggregate, to pay for the expenses
incurred by the Federal Government to develop and enforce air
tour management plans for national parks.
``(3) Effect of failure to pay fee.--The Director may
assess a civil penalty against or revoke the interim
operating permit or air tour permit, whichever is applicable,
of a commercial air tour operator conducting commercial air
tour operations over any national park, including the Grand
Canyon National Park, that has not paid the fee assessed by
the Director under paragraph (1) by the date that is 180 days
after the date on which the Director determines the fee shall
be paid.
``(4) Funding for air tour management plans.--The Director
shall use the amounts collected to develop and enforce air
tour management plans for the national parks the Director
determines would most benefit from such a plan.
``(f) Civil Penalties.--
``(1) In general.--Any person who violates any provision of
this section or any regulation or permit issued under this
section may be assessed a civil penalty by the Director of
not more than $25,000 for each such violation.
``(2) Knowing violations.--Any person who knowingly
violates any provision of this section or any regulation or
permit issued under this section may be assessed a civil
penalty by the Director of not more than $50,000 for each
violation.
``(3) Procedures.--A penalty may not be assessed under this
subsection on a person unless the person is given notice and
opportunity for a hearing with respect to the violation for
which the penalty is assessed. Each violation of this section
or a regulation or permit issued under this section shall be
a separate offense. Any civil penalty assessed under this
subsection may be remitted or mitigated by the Director. Upon
any failure by a person to pay a penalty assessed under this
subsection, the Director may request the Attorney General to
institute a civil action in a district court of the United
States for any district in which the person is found,
resides, or transacts business to collect the penalty and
such court shall have jurisdiction to hear and decide any
such action. The court shall hear such action on the record
made before the Director and shall sustain his action if it
is supported by substantial evidence on the record considered
as a whole.
``(4) Administrative proceedings.--Hearings held during
proceedings for the assessment of civil penalties under this
subsection shall be conducted in accordance with section 554
of title 5, United States Code. The Director may issue
subpoenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents, and
administer oaths. Witnesses summoned shall be paid the same
fees and mileage that are paid to witnesses in the courts of
the United States. In case of contumacy or refusal to obey a
subpoena served upon any person pursuant to this paragraph,
the district court of the United States for any district in
which such person is found or resides or transacts business,
upon application by the United States and after notice to the
person, shall have jurisdiction to issue an order requiring
the person to appear and give testimony before the Director
or to appear and produce documents before the Director, or
both, and any failure to obey the order of the court may be
punished by such court as a contempt thereof.
``(g) Enforcement.--The provisions of this section and any
regulations or permits issued under this section may be
enforced by the Director or the Administrator, as
appropriate. The Director may utilize by agreement, with or
without reimbursement, the personnel, services, and
facilities of any other Federal agency or any State agency
for purposes of enforcing this section. The decisions of the
Director under this subsection shall not have broader
application or be given deference beyond this section. The
Administrator shall retain enforcement authority over matters
involving the safety and efficiency of the national airspace
system.
``(h) Exemptions.--This section shall not apply to--
``(1) the Grand Canyon National Park; or
``(2) tribal lands within or abutting the Grand Canyon
National Park.
``(i) Lake Mead.--This section shall not apply to any air
tour operator while flying over or near the Lake Mead
National Recreation Area, solely as a transportation route,
to conduct an air tour over the Grand Canyon National Park.
For purposes of this subsection, an air tour operator flying
over the Hoover Dam in the Lake Mead National Recreation Area
en route to the Grand Canyon National Park shall be deemed to
be flying solely as a transportation route.
``(j) Severable Services Contracts for Periods Crossing
Fiscal Years.--
``(1) In general.--For purposes of this section, the
Director may enter into a contract for procurement of
severable services for a period that begins during one fiscal
year and ends in the next fiscal year if (without regard to
any option to extend the period of the contract) the period
of the contract does not exceed 1 year.
``(2) Obligation of funds.--Funds made available for a
fiscal year may be obligated for the total amount of a
contract entered into under the authority of paragraph (1).
``(k) Responsibilities and Authorities of Administrator.--
``(1) In general.--The Administrator shall advise the
Director in writing of any adverse effects on aviation safety
and or management of the national airspace system for any
proposed action taken under this section.
``(2) Amendments to authorization for commercial air tour
operators.--The Administrator, in consultation with the
Director, may amend any authorization for a commercial air
tour operator to include conditions set forth in any permit
issued under this section or to address any adverse effect on
aviation safety.
``(3) Rule of construction.--Nothing in this section shall
be construed to limit or abrogate the Administrator's
authority to ensure the safety and efficiency of the national
airspace system.
``(l) Definitions.--In this section, the following
definitions apply:
``(1) Commercial air tour operator.--The term `commercial
air tour operator' means any person who conducts a commercial
air tour operation over a national park.
``(2) Existing commercial air tour operator.--The term
`existing commercial air tour operator' means a commercial
air tour operator that was actively engaged in the business
of providing commercial air tour operations over a national
park at any time during the 12-month period ending on the
date of the enactment of this section.
``(3) New entrant commercial air tour operator.--The term
`new entrant commercial air tour operator' means a commercial
air tour operator that--
``(A) applies for an interim operating permit or air tour
permit as a commercial air tour operator for a national park
or tribal lands; and
``(B) has not engaged in the business of providing
commercial air tour operations over the national park or
tribal lands in the 12-month period preceding the
application.
``(4) Commercial air tour operation over a national park.--
``(A) In general.--The term `commercial air tour operation
over a national park' means any flight, conducted for
compensation or hire in a powered aircraft where a purpose of
the flight is sightseeing over a national park, within \1/2\
mile outside the boundary of any national park (except the
Grand Canyon National Park), or over tribal lands (except
those within or abutting the Grand Canyon National Park),
during which the aircraft flies--

[[Page S1392]]

``(i) below a minimum altitude, determined by the
Administrator in cooperation with the Director, above ground
level (except solely for purposes of takeoff or landing, or
necessary for safe operation of an aircraft as determined
under the rules and regulations of the Federal Aviation
Administration requiring the pilot-in-command to take action
to ensure the safe operation of the aircraft); or
``(ii) less than 1 mile laterally from any geographic
feature within the park (unless more than \1/2\ mile outside
the boundary).
``(B) Factors to consider.--In making a determination of
whether a flight is a commercial air tour operation over a
national park for purposes of this section, the Administrator
may consider--
``(i) whether there was a holding out to the public of
willingness to conduct a sightseeing flight for compensation
or hire;
``(ii) whether a narrative that referred to areas or points
of interest on the surface below the route of the flight was
provided by the person offering the flight;
``(iii) the area of operation;
``(iv) the frequency of flights conducted by the person
offering the flight;
``(v) the route of flight;
``(vi) the inclusion of sightseeing flights as part of any
travel arrangement package offered by the person offering the
flight;
``(vii) whether the flight would have been canceled based
on poor visibility of the surface below the route of the
flight; and
``(viii) any other factors that the Administrator and the
Director consider appropriate.
``(5) National park.--The term `national park' means any
unit of the National Park System.
``(6) Tribal lands.--
``(A) In general.--The term `tribal lands' means Indian
country (as that term is defined in section 1151 of title 18)
that is within or abutting a national park.
``(B) Abutting.--For purposes of subparagraph (A), the term
`abutting' means lands within \1/2\ mile outside the boundary
of a national park.
``(7) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(8) Director.--The term `Director' means the Director of
the National Park Service.
``(9) Air tour permit.--The term `air tour permit' means a
permit issued by the Director, in accordance with this
section, to a commercial operator to conduct commercial air
tour operations over a national park or tribal lands.''.
(b) Amendments to National Parks Air Tour Management Act of
2000.--
(1) Advisory group.--Section 805 of the National Parks Air
Tour Management Act of 2000 (49 U.S.C. 40128 note) is
amended--
(A) by striking subsection (a) and inserting the following:
``(a) In General.--The Director of the National Park
Service may retain the advisory group established pursuant to
this section, as in effect on the day before the date of the
enactment of the Moving Ahead for Progress in the 21st
Century Act, to provide continuing advice and counsel with
respect to commercial air tour operations over and near
national parks.'';
(B) in subsection (b)--
(i) in paragraph (1)(A)(iv), by inserting ``or Native
Hawaiians'' after ``Indian tribes''; and
(ii) by striking paragraph (3) and inserting the following:
``(3) Chairperson.--The representative of the National Park
Service shall serve as chairperson of the advisory group.'';
and
(C) in subsection (d)(2), by striking ``The Federal
Aviation Administration and the National Park Service shall
jointly'' and inserting ``The National Park Service shall''.
(2) Reports.--Section 807 of the National Parks Air Tour
Management Act of 2000 (49 U.S.C. 40128 note) is repealed.
(3) Methodologies used to assess air tour noise.--Section
808 of the National Parks Air Tour Management Act of 2000 (49
U.S.C. 40128 note) is amended by striking ``a Federal
agency'' and inserting ``the Director of the National Park
Service''.
______

SA 1780. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the end, add the following:

SEC. __. EFFECTIVE DATE.

This Act shall be effective 1 day after enactment.
______

SA 1781. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the end, add the following:

SEC. __. EFFECTIVE DATE.

This Act shall be effective 2 days after enactment.
______

SA 1782. Mr. MENENDEZ (for himself, Mr. Burr, and Mr. Reid) submitted
an amendment intended to be proposed by him to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of division D, insert the following:

TITLE IV--NEW ALTERNATIVE TRANSPORTATION TO GIVE AMERICANS SOLUTIONS
ACT

SEC. ____. SHORT TITLE, ETC.

(a) Short Title.--This title may be cited as the ``New
Alternative Transportation to Give Americans Solutions Act of
2012''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.

Subtitle A--Promote the Purchase and Use of NGVs With an Emphasis on
Heavy-Duty Vehicles and Fleet Vehicles

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

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

SEC. ____. ALLOWANCE OF VEHICLE AND INFRASTRUCTURE CREDITS
AGAINST REGULAR AND MINIMUM TAX AND
TRANSFERABILITY OF CREDITS.

(a) Business Credits.--Subparagraph (B) of section 38(c)(4)
is amended by striking ``and'' at the end of clause (viii),
by striking the period at the end of clause (ix) and
inserting a comma, and by inserting after clause (ix) the
following new clauses:
``(x) the portion of the credit determined under section
30B which is attributable to the application of subsection
(e)(3) thereof with respect to new qualified alternative fuel
motor vehicles which are capable of being powered by
compressed or liquefied natural gas, and
``(xi) the portion of the credit determined under section
30C which is attributable to the application of subsection
(b) thereof with respect to refueling property which is used
to store and or dispense compressed or liquefied natural
gas.''.
(b) Personal Credits.--
(1) New qualified alternative fuel motor vehicles.--
Subsection (g) of section 30B is amended by adding at the end
the following new paragraph:
``(3) Special rule relating to certain new qualified
alternative fuel motor vehicles.--In the case of the portion
of the credit determined under subsection (a) which is
attributable to the application of subsection (e)(3) with
respect to new qualified alternative fuel motor vehicles
which are capable of being powered by compressed or liquefied
natural gas--
``(A) paragraph (2) shall (after the application of
paragraph (1)) be applied separately with respect to such
portion, and
``(B) in lieu of the limitation determined under paragraph
(2), such limitation shall not exceed the excess (if any)
of--
``(i) the sum of the regular tax liability (as defined in
section 26(b)) plus the tentative minimum tax for the taxable
year, reduced by
``(ii) the sum of the credits allowable under subpart A and
sections 27 and 30.''.
(2) Alternative fuel vehicle refueling properties.--
Subsection (d) of section 30C is amended by adding at the end
the following new paragraph:
``(3) Special rule relating to certain alternative fuel
vehicle refueling properties.--In the case of the portion of
the credit determined under subsection (a) with respect to
refueling property which is used to store and or dispense
compressed or liquefied natural gas and which is attributable
to the application of subsection (b)--
``(A) paragraph (2) shall (after the application of
paragraph (1)) be applied separately with respect to such
portion, and
``(B) in lieu of the limitation determined under paragraph
(2), such limitation shall not exceed the excess (if any)
of--
``(i) the sum of the regular tax liability (as defined in
section 26(b)) plus the tentative minimum tax for the taxable
year, reduced by
``(ii) the sum of the credits allowable under subpart A and
sections 27, 30, and the portion of the credit determined
under section 30B which is attributable to the application of
subsection (e)(3) thereof.''.
(c) Credits May Be Transferred.--
(1) Vehicle credits.--Subsection (h) of section 30B is
amended by adding at the end the following new paragraph:
``(11) Transferability of credit.--
``(A) In general.--Except as provided in subparagraph (B),
a taxpayer who places in service any new qualified
alternative fuel motor vehicle which is capable of being
powered by compressed or liquefied natural gas may transfer
the credit allowed under this section by reason of subsection
(e) with respect to such vehicle through an assignment to the
manufacturer, seller or lessee of such vehicle. Such transfer
may be revoked only with the consent of the Secretary.
``(B) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit
transferred under subparagraph (A) is claimed once and not
reassigned by such other person.''.

[[Page S1393]]

(2) Infrastructure credit.--Subsection (e) of section 30C
is amended by adding at the end the following new paragraph:
``(7) Transferability of credit.--
``(A) In general.--Except as provided in subparagraph (B),
a taxpayer who places in service any qualified alternative
fuel vehicle refueling property relating to compressed or
liquefied natural gas may transfer the credit allowed under
this section with respect to such property through an
assignment to the manufacturer, seller or lessee of such
property. Such transfer may be revoked only with the consent
of the Secretary.
``(B) Regulations.--The Secretary shall prescribe such
regulations as necessary to ensure that any credit
transferred under subparagraph (A) is claimed once and not
reassigned by such other person.''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to property placed in service after
the date of the enactment of this Act.

SEC. ____. MODIFICATION OF CREDIT FOR PURCHASE OF VEHICLES
FUELED BY COMPRESSED NATURAL GAS OR LIQUEFIED
NATURAL GAS.

(a) Increase in Credit.--Paragraph (2) of section 30B(e) is
amended to read as follows:
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage with respect to any new
qualified alternative fuel motor vehicle is--
``(A) except as provided in subparagraphs (B) and (C)--
``(i) 50 percent, plus
``(ii) 30 percent, if such vehicle--

``(I) has received a certificate of conformity under the
Clean Air Act and meets or exceeds the most stringent
standard available for certification under the Clean Air Act
for that make and model year vehicle (other than a zero
emission standard), or
``(II) has received an order certifying the vehicle as
meeting the same requirements as vehicles which may be sold
or leased in California and meets or exceeds the most
stringent standard available for certification under the
State laws of California (enacted in accordance with a waiver
granted under section 209(b) of the Clean Air Act) for that
make and model year vehicle (other than a zero emission
standard),

``(B) 80 percent, in the case of dedicated vehicles that
are only capable of operating on compressed or liquefied
natural gas, dual-fuel vehicles that are only capable of
operating on a mixture of no less than 90 percent compressed
or liquefied natural gas, and a bi-fuel vehicle that is
capable of operating a minimum of 85 percent of its total
range on compressed or liquefied natural gas, and
``(C) 50 percent, in the case of vehicles described
subclause (II) or (III) of subsection (e)(4)(A)(i) and which
are not otherwise described in subparagraph (B).
For purposes of the preceding sentence, in the case of any
new qualified alternative fuel motor vehicle which weighs
more than 14,000 pounds gross vehicle weight rating, the most
stringent standard available shall be such standard available
for certification on the date of the enactment of the Energy
Tax Incentives Act of 2005.''.
(b) Increased Incentive for Natural Gas Vehicles.--
Subsection (e) of section 30B is amended by adding at the end
the following new paragraph:
``(6) Credit values for natural gas vehicles.--In the case
of new qualified alternative fuel motor vehicles with respect
to vehicles powered by compressed or liquefied natural gas,
the maximum tax credit value shall be--
``(A) $7,500 if such vehicle has a gross vehicle weight
rating of not more than 8,500 pounds,
``(B) $16,000 if such vehicle has a gross vehicle weight
rating of more than 8,500 pounds but not more than 14,000
pounds,
``(C) $40,000 if such vehicle has a gross vehicle weight
rating of more than 14,000 pounds but not more than 26,000
pounds, and
``(D) $64,000 if such vehicle has a gross vehicle weight
rating of more than 26,000 pounds.''.
(c) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act.

SEC. ____. MODIFICATION OF DEFINITION OF NEW QUALIFIED
ALTERNATIVE FUEL MOTOR VEHICLE.

(a) In General.--Clause (i) of section 30B(e)(4)(A) is
amended to read as follows:
``(i) which--

``(I) is a dedicated vehicle that is only capable of
operating on an alternative fuel,
``(II) is a bi-fuel vehicle that is capable of operating on
compressed or liquefied natural gas and gasoline or diesel
fuel, or
``(III) is a duel-fuel vehicle that is capable of operating
on a mixture of compressed or liquefied natural gas and
gasoline or diesel fuel.''.

(b) Conversions and Repowers.--Paragraph (4) of section
30B(e) is amended by adding at the end the following new
subparagraph:
``(C) Conversions and repowers.--
``(i) In general.--The term `new qualified alternative fuel
motor vehicle' includes the conversion or repower of a new or
used vehicle so that it is capable of operating on an
alternative fuel as it was not previously capable of
operating on an alternative fuel.
``(ii) Treatment as new.--A vehicle which has been
converted to operate on an alternative fuel shall be treated
as new on the date of such conversion for purposes of this
section.
``(iii) Rule of construction.--In the case of a used
vehicle which is converted or repowered, nothing in this
section shall be construed to require that the motor vehicle
be acquired in the year the credit is claimed under this
section with respect to such vehicle.''.
(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.

SEC. ____. PROVIDING FOR THE TREATMENT OF PROPERTY PURCHASED
BY INDIAN TRIBAL GOVERNMENTS.

(a) In General.--Paragraph (6) of section 30B(h) and
paragraph (2) of section 30C(e) are both amended by inserting
``, or an Indian Tribal Government'' after ``section 50(b)''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.

Subtitle B--Promote Production of NGVs by Original Equipment
Manufacturers

SEC. ____. CREDIT FOR PRODUCING VEHICLES FUELED BY NATURAL
GAS OR LIQUIFIED NATURAL GAS.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 is amended by inserting after section 45R the
following new section:

``SEC. 45S. PRODUCTION OF VEHICLES FUELED BY NATURAL GAS OR
LIQUIFIED NATURAL GAS.

``(a) In General.--For purposes of section 38, in the case
of a taxpayer who is an original manufacturer of natural gas
vehicles, the natural gas vehicle credit determined under
this section for any taxable year with respect to each
eligible natural gas vehicle produced by the taxpayer during
such year is an amount equal to the lesser of--
``(1) 10 percent of the manufacturer's basis in such
vehicle, or
``(2) $4,000.
``(b) Aggregate Credit Allowed.--The aggregate amount of
credit allowed under subsection (a) with respect to a
taxpayer for any taxable year shall not exceed $200,000,000
reduced by the amount of the credit allowed under subsection
(a) to the taxpayer (or any predecessor) for all prior
taxable years.
``(c) Definitions.--For the purposes of this section--
``(1) Eligible natural gas vehicle.--The term `eligible
natural gas vehicle' means a motor vehicle (as defined in
section 30B(h)(1)) that is capable of operating on natural
gas and is described in 30B(e)(4)(A).
``(2) Manufacturer.--The term `manufacturer' has the
meaning given such term in regulations prescribed by the
Administrator of the Environmental Protection Agency for
purposes of title II of the Clean Air Act (42 U.S.C. 7521 et
seq.).
``(d) Special Rules.--For purposes of this section--
``(1) In general.--Rules similar to the rules of
subsections (c), (d), and (e) of section 52 shall apply.
``(2) Controlled groups.--
``(A) In general.--All persons treated as a single employer
under subsection (a) or (b) of section 52 or subsection (m)
or (o) of section 414 shall be treated as a single producer.
``(B) Inclusion of foreign corporations.--For purposes of
subparagraph (A), in applying subsections (a) and (b) of
section 52 to this section, section 1563 shall be applied
without regard to subsection (b)(2)(C) thereof.
``(C) Verification.--No amount shall be allowed as a credit
under subsection (a) with respect to which the taxpayer has
not submitted such information or certification as the
Secretary, in consultation with the Secretary of Energy,
determines necessary.
``(e) Termination.--This section shall not apply to any
vehicle produced after December 31, 2016.''.
(b) Credit To Be Part of Business Credit.--Section 38(b) is
amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following:
``(37) the natural gas vehicle credit determined under
section 45S(a).''.
(c) Conforming Amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 is amended
by inserting after the item relating to section 45R the
following new item:

``Sec. 45S. Production of vehicles fueled by natural gas or liquefied
natural gas.''.
(d) Effective Date.--The amendments made by this section
shall apply to vehicles produced after December 31, 2011.

SEC. ____. ADDITIONAL VEHICLES QUALIFYING FOR THE ADVANCED
TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE
PROGRAM.

(a) In General.--Notwithstanding any other provision of
law, a covered vehicle (as defined in subsection (b)) shall
be considered an advanced technology vehicle for purposes of
the advanced technology vehicle incentive program established
under section 136 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17013), and manufacturers and component
suppliers of such covered vehicles shall be eligible for an
award under such section.
(b) Definitions.--As used in this section--
(1) the term ``covered vehicle'' means a light-duty vehicle
or a medium-duty or heavy-duty truck or bus that is only
capable of operating on compressed or liquefied natural gas,
a bi-fueled motor vehicle that is capable of achieving a
minimum of 85 percent of its total range with compressed or
liquefied natural gas, or a dual-fuel vehicle that

[[Page S1394]]

operates on a mixture of natural gas and gasoline or diesel
fuel but is not capable of operating on a mixture of less
than 75 percent natural gas;
(2) the term ``bi-fuel vehicle'' means a vehicle that is
capable of operating on compressed or liquefied natural gas
and gasoline or diesel fuel; and
(3) the term ``dual-fuel vehicle'' means a vehicle that is
capable of operating on a mixture of compressed or liquefied
natural gas and gasoline or diesel fuel.

Subtitle C--Incentivize the Installation of Natural Gas Fuel Pumps

SEC. ____. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL
VEHICLE REFUELING PROPERTY CREDIT.

(a) In General.--Subsection (g) of section 30C is amended
by striking ``and'' at the end of paragraph (1), by
redesignating paragraph (2) as paragraph (3), and by
inserting after paragraph (1) the following new paragraph:
``(2) in the case of property relating to compressed or
liquefied natural gas, after December 31, 2016, and''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to property placed in service after the date of
the enactment of this Act.

SEC. ____. INCREASE IN CREDIT FOR CERTAIN ALTERNATIVE FUEL
VEHICLE REFUELING PROPERTIES.

(a) In General.--Subsection (b) of section 30C is amended
to read as follows:
``(b) Limitation.--The credit allowed under subsection (a)
with respect to all qualified alternative fuel vehicle
refueling property placed in service by the taxpayer during
the taxable year at a location shall not exceed--
``(1) except as provided in paragraph (2), $30,000 in the
case of a property of a character subject to an allowance for
depreciation,
``(2) in the case of compressed natural gas property and
liquefied natural gas property which is of a character
subject to an allowance for depreciation, the lesser of--
``(A) 50 percent of such cost, or
``(B) $100,000, and
``(3) $2,000 in any other case.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service in taxable years
beginning after December 31, 2011.

Subtitle D--Natural Gas Vehicles

SEC. ____. GRANTS FOR NATURAL GAS VEHICLES RESEARCH AND
DEVELOPMENT.

(a) Research, Development and Demonstration Programs.--The
Secretary shall provide funding to improve the performance
and efficiency and integration of natural gas powered motor
vehicles and heavy-duty on-road vehicles as part of any
programs funded pursuant to section 911 of the Energy Policy
Act of 2005 (42 U.S.C. 16191) and also with respect to
funding for heavy-duty engines pursuant to section 754 of the
Energy Policy Act of 2005 (42 U.S.C. 16102).
(b) In General.--The Secretary of Energy may make grants to
original equipment manufacturers of light-duty and heavy-duty
natural gas vehicles for the development of engines that
reduce emissions, improve performance and efficiency, and
lower cost.

SEC. ____. SENSE OF THE CONGRESS REGARDING EPA CERTIFICATION
OF NGV RETROFIT KITS.

It is the sense of the Congress that the Environmental
Protection Agency should further streamline the process for
certification of natural gas vehicle retrofit kits to promote
energy security while still fulfilling the mission of the
Clean Air Act.

SEC. ____. AMENDMENT TO SECTION 508 OF THE ENERGY POLICY ACT
OF 1992.

(a) Repower or Converted Alternative Fueled Vehicles
Defined.--Subsection (a) of section 508 of the Energy Policy
Act of 1992 (42 U.S.C. 13258) is amended by adding at the end
the following new paragraph:
``(6) Repowered or converted.--The term `repowered or
converted' means modified with a certified or approved engine
or aftermarket system so that the vehicle is capable of
operating on an alternative fuel.''.
(b) Allocation of Credits.--Subsection (b) of section 508
of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended
by adding at the end the following new paragraph:
``(3) Repowered or converted vehicles.--Not later than
January 1, 2012, the Secretary shall allocate credits to
fleets or covered persons that repower or convert an existing
vehicle so that it is capable of operating on an alternative
fuel. In the case of any medium-duty or heavy-duty vehicle
that is repowered or converted, the Secretary shall allocate
additional credits for such vehicles if the Secretary
determines that such vehicles displace more petroleum than
light-duty alternative fueled vehicles. The Secretary shall
include a requirement that such vehicles remain in the fleet
for a period of no less than 2 years in order to continue to
qualify for credit. The Secretary also shall extend the
flexibility afforded in this section to Federal fleets
subject to the purchase provisions contained in section 303
of this Act.''.

Subtitle E--Transit Systems

SEC. ____. FEDERAL SHARE OF COSTS FOR EQUIPMENT FOR
COMPLIANCE WITH CLEAN AIR ACT.

Section 5323(i) of title 49, United States Code, is
amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``and clean air
act'';
(B) in the first sentence, by striking ``or vehicle-
related'' and all that follows through ``Clean Air Act''; and
(C) by striking ``those Acts'' each place it appears and
inserting ``the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.)'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Equipment for compliance with clean air act.--
``(A) In general.--A grant for a project to be assisted
under this chapter that involves acquiring vehicle-related
equipment or facilities (including clean fuel or alternative
fuel vehicle-related equipment or facilities) for purposes of
complying with or maintaining compliance with the Clean Air
Act (42 U.S.C. 7401 et seq.) shall be made for--
``(i) 100 percent of the net project cost of the equipment
or facilities attributable to compliance with that Act for
any amounts of not more than $75,000; and
``(ii) 90 percent of the net project cost of the equipment
or facilities attributable to compliance with that Act for
any amounts of more than $75,000.
``(B) Costs.--The Secretary shall have discretion to
determine, through practicable administrative procedures, the
costs of equipment or facilities attributable to compliance
with the Clean Air Act (42 U.S.C. 7401 et seq.).''.

SEC. ____. NATURAL GAS TRANSIT INFRASTRUCTURE INVESTMENT.

(a) Establishment.--The Secretary of Transportation shall
establish and administer a program to encourage the
development of natural gas fueling infrastructure to be used
by transit agencies.
(b) Use.--Funding provided under the program may be used
for the purpose of building new or expanded fueling
facilities, if the expansion is for the purposes of fueling
additional buses with natural gas.
(c) Competitive Grants.--The Secretary shall--
(1) administer the funding providing under the program on a
competitive basis; and
(2) award funding after an evaluation of project proposals
that includes--
(A) the overall quantity of petroleum to be displaced over
the life of the proposed project;
(B) the amount of private funding or local funding that is
available to offset the cost of the project; and
(C) the technical and economical feasibility of the
project.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000, to
remain available until expended.

Subtitle F--User Fees

SEC. ____. USER FEES.

(a) Liquefied Natural Gas.--Clause (ii) of section
4041(a)(2)(B) is amended by striking ``24.3 cents per
gallon'' and inserting ``the sum of the Highway Trust Fund
financing rate and the Natural Gas Transportation Incentives
financing rate''.
(b) Compressed Natural Gas.--The second sentence of
subparagraph (A) of section 4041(a)(3) is amended by striking
``18.3 cents per energy equivalent of a gallon of gasoline''
and inserting ``the sum of the Highway Trust Fund financing
rate and the Natural Gas Transportation Incentives financing
rate''.
(c) Highway Trust Fund Financing Rate and Natural Gas
Transportation Incentives Financing Rate.--Subsection (a) of
section 4041 is amended by adding at the end the following
new paragraph:
``(4) Highway trust fund financing rate and natural gas
transportation incentives financing rate.--For purposes of
this title--
``(A) Highway trust fund financing rate.--The term `Highway
Trust Fund financing rate' means--
``(i) with respect to liquefied natural gas, 24.3 cents per
gallon, and
``(ii) with respect to compressed natural gas, 18.3 cents
per energy equivalent of a gallon of gasoline.
``(B) Natural gas transportation incentives financing
rate.--
``(i) In general.--The term `Natural Gas Transportation
Incentives financing rate' means--

``(I) with respect to liquefied natural gas, the applicable
amount per gallon, and
``(II) with respect to compressed natural gas, the
applicable amount per energy equivalent of a gallon of
gasoline.

``(ii) Applicable amount.--For purposes of clause (i), the
applicable amount shall be determined in accordance with the
following table:

------------------------------------------------------------------------
Applicable
``Calendar year                           amount
------------------------------------------------------------------------
2014.......................................................    2.5 cents
2015.......................................................    2.5 cents
2016.......................................................      5 cents
2017.......................................................      5 cents
2018.......................................................     10 cents
2019.......................................................     10 cents
2020.......................................................   12.5 cents
2021.......................................................   12.5 cents
2022 and thereafter........................................      zero.''
------------------------------------------------------------------------

``(iii) Exemption for fuel dispensed from certain
property.--In the case of liquefied natural gas or compressed
natural gas dispensed from property for which a credit under
section 30C(b)(3) would be allowable, the applicable amount
for any calendar year is zero.''.
(d) Natural Gas Transportation Incentives Financing Rate
Deposited in General

[[Page S1395]]

Fund.--Paragraph (4) of section 9503(b) is amended by
striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D)(iii) and inserting
``or'', and by adding at the end the following new
subparagraph:
``(E) section 4041 to the extent attributable to the
Natural Gas Transportation Incentives financing rate.''.
______

SA 1783. Mr. CARPER (for himself and Mr. Lieberman) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 336, strike lines 9 through 12, and insert the
following:
``(iv) safety plans developed by providers of public
transportation;
``(v) a congestion mitigation and air quality performance
plan developed under section 149(k) by a tier I metropolitan
planning organization (as defined in section 134)
representing a nonattainment or maintenance area; and
``(vi) the national freight strategic plan.
______

SA 1784. Mr. HARKIN (for himself, Mr. Moran, Mr. Levin, and Mr.
Nelson of Nebraska) submitted an amendment intended to be proposed to
amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of division B, add the following:

SEC. __. INCREASING THE PRIORITY OF BUSES AND IMPROVING
FLEXIBILITY FOR PUBLIC TRANSPORTATION FUNDING.

(a) Applicability.--Section 5337(e) of title 49, United
States Code, as amended by this Act, shall apply only with
respect to fiscal year 2012.
(b) Funding.--Notwithstanding section 5338 of title 49,
United States Code, as amended by this Act--
(1) of amounts made available under subsection (a)(1) of
such section 5338 for fiscal year 2013--
(A) $5,039,661,500 shall be allocated in accordance with
section 5336 of such title 49 to provide financial assistance
for urbanized areas under section 5307;
(B) $720,190,000 shall be available to provide financial
assistance for other than urbanized areas under section 5311
of such title 49, of which not less than $30,000,000 shall be
available to carry out section 5311(c)(1) and $20,000,000
shall be available to carry out section 5311(c)(2); and
(C) $1,574,763,500 shall be available to carry out
subsection (c) of section 5337 of such title 49; and
(2) no amounts made available under subsection (a)(1) of
such section 5338 for fiscal year 2013 may be used to carry
out section 5337(e) of title 49, United States Code, as
amended by this Act.
(c) High Intensity Fixed Guideway State of Good Repair.--
Notwithstanding section 5337(c)(1) of title 49, United States
Code, as amended by this Act, for fiscal year 2013,
$1,574,763,500 shall be apportioned to recipients in
accordance with section 5337(c) of title 49, United States
Code.
______

SA 1785. Mr. CORKER (for himself, Mr. Toomey, and Ms. Ayotte)
submitted an amendment intended to be proposed by him to the bill S.
1813, to reauthorize Federal-aid highway and highway safety
construction programs, and for other purposes; which was ordered to lie
on the table; as follows:

At the end of division D, add the following:

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

Paragraph (2)(A)(ii) of section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is
amended by striking ``$501,000,000,000'' and inserting
``$481,000,000,000''.
______

SA 1786. Mr. CORKER submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the end of subtitle E of title I of division A, add the
following:

SEC. ___. LIMITATION ON EXPENDITURES.

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

SA 1787. Mr. BROWN of Ohio submitted an amendment intended to be
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813,
to reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of title III of division C, insert the
following:

SEC. 33007. MAKE IT IN AMERICA INITIATIVE.

(a) Memorandum of Agreement.--The term ``Memorandum of
Agreement'' means the August 2011 Memorandum of Agreement
between the Department of Transportation and the Department
of Commerce entitled ``Development of a Domestic Supply Base
for Intermodal Transportation in the U.S.''.
(b) Sense of Congress.--It is the sense of Congress that
collaboration between the Department of Transportation and
the Department of Commerce can significantly improve the
scope and depth of the domestic supply base for
transportation infrastructure, particularly for small
businesses in the United States.
(c) Implementation.--The Secretary of Transportation and
the Secretary of Commerce shall--
(1) prioritize the implementation of the Memorandum of
Agreement; and
(2) allocate such Department resources and personnel as
necessary for such implementation.
______

SA 1788. Mr. BROWN of Ohio submitted an amendment intended to be
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813,
to reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

Strike section 1510 and insert the following:

SEC. 1510. HOV FACILITIES.

(a) In General.--Section 166 of title 23, United States
Code, is amended to read as follows:

``Sec.  166. HOV facilities

``(a) Definitions.--In this section, the following
definitions apply:
``(1) Alternative fuel vehicle.--The term `alternative fuel
vehicle' means a dedicated vehicle that is operating solely
on--
``(A) methanol, denatured ethanol, or other alcohols;
``(B) a mixture containing at least 85 percent of methanol,
denatured ethanol, and other alcohols by volume with gasoline
or other fuels;
``(C) natural gas;
``(D) liquefied petroleum gas;
``(E) hydrogen;
``(F) fuels (except alcohol) derived from biological
materials;
``(G) electricity (including electricity from solar
energy); or
``(H) any other fuel that the Secretary prescribes by
regulation that is not substantially petroleum and that would
yield substantial energy security and environmental benefits,
including fuels regulated under section 490 of title 10, Code
of Federal Regulations (or successor regulations).
``(2) HOV facility.--The term `HOV facility' means a high
occupancy vehicle facility.
``(3) Public transportation vehicle.--The term `public
transportation vehicle' means a vehicle that--
``(A) provides designated public transportation (as defined
in section 221 of the Americans with Disabilities Act of 1990
(42 U.S.C. 12141)) or provides public school transportation
(to and from public or private primary, secondary, or
tertiary schools); and
``(B)(i) is owned or operated by a public entity;
``(ii) is operated under a contract with a public entity;
or
``(iii) is operated pursuant to a license by the Secretary
or a State agency to provide motorbus or school vehicle
transportation services to the public.
``(4) State agency.--
``(A) In general.--The term `State agency', as used with
respect to a HOV facility, means an agency of a State or
local government having jurisdiction over the operation of
the facility.
``(B) Inclusion.--The term `State agency' includes a State
transportation department.
``(b) State Requirements.--
``(1) Authority of state agencies.--A State agency that has
jurisdiction over the operation of a HOV facility shall
establish the occupancy requirements of vehicles operating on
the facility.
``(2) Occupancy requirement.--Except as otherwise provided
by this section, no fewer than 2 occupants per vehicle may be
required for use of a HOV facility.
``(c) Exceptions.--
``(1) In general.--Notwithstanding the occupancy
requirement of subsection (b)(2), the exceptions in
paragraphs (2) through (5) shall apply with respect to a
State agency operating a HOV facility.
``(2) Motorcycles and bicycles.--
``(A) In general.--Subject to subparagraph (B), the State
agency shall allow motorcycles and bicycles to use the HOV
facility.
``(B) Safety exception.--
``(i) In general.--A State agency may restrict use of the
HOV facility by motorcycles or bicycles (or both) if the
agency certifies

[[Page S1396]]

to the Secretary that such use would create a safety hazard
and the Secretary accepts the certification.
``(ii) Acceptance of certification.--The Secretary may
accept a certification under this subparagraph only after the
Secretary publishes notice of the certification in the
Federal Register and provides an opportunity for public
comment.
``(3) Public transportation vehicles.--The State agency may
allow public transportation vehicles to use the HOV facility
if the agency establishes--
``(A) requirements for clearly identifying the vehicles;
and
``(B) procedures for enforcing the restrictions on the use
of the facility by the vehicles.
``(4) High occupancy toll vehicles.--The State agency may
allow vehicles not otherwise exempt pursuant to this
subsection to use the HOV facility if the operators of the
vehicles pay a toll charged by the agency for use of the
facility and the agency--
``(A) establishes a program that addresses how motorists
can enroll and participate in the toll program;
``(B) develops, manages, and maintains a system that will
automatically collect the toll; and
``(C) establishes policies and procedures--
``(i) to manage the demand to use the facility by varying
the toll amount that is charged; and
``(ii) to enforce violations of use of the facility.
``(5) Alternative fuel vehicles and new qualified plug-in
electric drive motor vehicles.--
``(A) Use of hov facilities.--For a period beginning not
later than 1 year after the date of enactment of this section
and ending on September 30, 2017, the State agency--
``(i) may allow alternative fuel vehicles and new qualified
plug-in electric drive motor vehicles (as defined in section
30D(d)(1) of the Internal Revenue Code of 1986), to use HOV
facilities in the State; and
``(ii) shall establish procedures for use in enforcing the
restrictions on that use of HOV facilities by those vehicles.
``(B) Existing programs and procedures.--The State agency
shall--
``(i) not later than 1 year after the date of enactment of
this section, develop and publish in the Federal Register a
plan for use in--

``(I) revising the HOV facility programs and procedures of
the State agency to ensure that those programs and procedures
are in compliance with this section; and
``(II) notifying the public of any upcoming changes in
vehicle eligibility for HOV facility usage; and

``(ii) not later than 3 years after the date of enactment
of this section, update HOV facility programs and procedures
in accordance with the plan described in clause (i).
``(d) Requirements Applicable to Tolls.--
``(1) In general.--Notwithstanding sections 129 and 301,
and except as provided in paragraph (2), tolls may be charged
under subsection (c)(4).
``(2) Excess toll revenues.--If a State agency makes a
certification under section 129(a)(3) with respect to toll
revenues collected under subsection (c)(4), the State, in the
use of toll revenues under subsection (c)(4), shall give
priority consideration to projects for developing
alternatives to single occupancy vehicle travel and projects
for improving highway safety.
``(e) HOV Facility Management, Operation, Monitoring, and
Enforcement.--
``(1) In general.--A State agency that allows vehicles to
use a HOV facility under paragraph (4) or (5) of subsection
(c) shall submit to the Secretary a report demonstrating that
the facility is not already degraded, and that the presence
of the vehicles will not cause the facility to become
degraded, and certify that the agency will carry out the
following responsibilities with respect to the facility:
``(A) Establishing, managing, and supporting a performance
monitoring, evaluation, and reporting program for the HOV
facility that provides for continuous monitoring, assessment,
and reporting on the impacts that the vehicles may have on
the operation of the facility and adjacent highways and
submitting to the Secretary annual reports of those impacts.
``(B) Establishing, managing, and supporting an enforcement
program that ensures that the HOV facility is being operated
in accordance with this section.
``(C) Limiting or discontinuing the use of the HOV facility
by the vehicles, whenever the operation of the facility is
degraded, that requires such a limitation or discontinuation
of use to apply first to vehicles using the HOV facility
under subsection (c)(4) before applying to vehicles using the
HOV facility under subsection (c)(5).
``(D) Maintenance of operating performance.--A facility
that has become degraded shall be brought back into
compliance with the minimum average operating speed
performance standard by not later than 180 days after the
date on which the degradation is identified through changes
to operation, including the following:
``(i) Increase the occupancy requirement for HOVs.
``(ii) Increase the toll charged for vehicles allowed under
subsection (b) to reduce demand.
``(iii) Charge tolls to any class of vehicle allowed under
subsection (b) that is not already subject to a toll.
``(iv) Limit or discontinue allowing vehicles under
subsection (b).
``(v) Increase the available capacity of the HOV facility.
``(E) Compliance.--If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary shall
subject the State to appropriate program sanctions under
section 1.36 of title 23, Code of Federal Regulations (or
successor regulations), until the performance is no longer
degraded.
``(2) Degraded facility.--
``(A) Definition of minimum average operating speed.--In
this paragraph, the term `minimum average operating speed'
means less than 65 percent of the HOV facility rated speed
limit.
``(B) Standard for determining degraded facility.--For
purposes of paragraph (1), the operation of a HOV facility
shall be considered to be degraded if vehicles operating on
the HOV facility are failing to maintain a minimum average
operating speed 65 percent of the time over a consecutive
180-day period during morning or evening weekday peak hour
periods (or both).''.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary and the States should provide additional
incentives (including the use of high occupancy vehicle lanes
on State highways and routes on the Interstate System) for
the purchase and use of advanced technology and dedicated
alternative fuel vehicles, which have been proven to minimize
air emissions and decrease consumption of fossil fuels.
______

SA 1789. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ____. REGULATIONS REGARDING POOLS.

(a) Definitions.--
(1) Covered regulation.--The term ``covered regulation''
means--
(A) the portions of part 35 of title 28, Code of Federal
Regulations, that were added under the final rule issued by
the Attorney General entitled ``Nondiscrimination on the
Basis of Disability in State and Local Government Services'',
75 Fed. Reg. 56164 (September 15, 2010); and
(B) the portions of part 36 of title 28, Code of Federal
Regulations, that were added under the final rule issued by
the Attorney General entitled ``Nondiscrimination on the
Basis of Disability by Public Accommodations and in
Commercial Facilities'', 75 Fed. Reg. 56236 (September 15,
2010).
(2) Pool.--The term ``pool'' means a swimming pool, wading
pool, sauna, steam room, spa, wave pool, lazy river, sand
bottom pool, or other water amusement, within the meaning of
part 36 of title 28, Code of Federal Regulations.
(3) Private entity; public accommodation.--The terms
``private entity'' and ``public accommodation'' have the
meanings given the terms in section 301 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12181).
(4) Public entity.--The term ``public entity'' has the
meaning given the term in section 201 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131).
(b) Compliance Through Acquisition and Use of Portable
Lifts.--A public entity that provides a pool that is covered
by title II of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131 et seq.) shall not be considered to commit a
discriminatory act under that title because the entity
facilitates use of the pool by acquiring and using 1 portable
pool lift rather than installing 1 or more permanent pool
lifts. A private entity that provides a public accommodation
with a pool covered by title III of such Act (42 U.S.C. 12181
et seq.) shall not be considered to commit a discriminatory
act under that title because the entity facilitates use of
the pool by acquiring and using 1 portable pool lift for the
pool rather than installing 1 or more permanent pool lifts.
______

SA 1790. Mr. BENNET (for himself and Mr. Moran) submitted an
amendment intended to be proposed by him to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

In division D, on page 1489, after line 25, add the
following:

SEC. _____. EXTENSION OF WIND ENERGY CREDIT.

Paragraph (1) of section 45(d) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2013'' and
inserting ``January 1, 2014''.

SEC. _____. COST OFFSET FOR EXTENSION OF WIND ENERGY CREDIT,
AND DEFICIT REDUCTION, RESULTING FROM DELAY IN
APPLICATION OF WORLDWIDE ALLOCATION OF
INTEREST.

(a) In General.--Paragraphs (5)(D) and (6) of section
864(f) of the Internal Revenue Code of 1986 are each amended
by striking ``December 31, 2020'' and inserting ``December
31, 2022''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

[[Page S1397]]

______

SA 1791. Mr. BENNET (for himself and Mr. Warner) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 615, strike line 19 and all that follows
through page 622, line 16 and insert the following:
``netic levitation transportation systems;
``(D) a project that--
``(i) is a project--

``(I) for a public freight rail facility or a private
facility providing public benefit for highway users by way of
direct freight interchange between highway and rail carriers;
``(II) for an intermodal freight transfer facility;
``(III) for a means of access to a facility described in
subclause (I) or (II);
``(IV) for a service improvement for a facility described
in subclause (I) or (II) (including a capital investment for
an intelligent transportation system); or
``(V) that comprises a series of projects described in
subclauses (I) through (IV) with the common objective of
improving the flow of goods;

``(ii) may involve the combining of private and public
sector funds, including investment of public funds in private
sector facility improvements;
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port; and
``(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal capital
improvement projects eligible for assistance under this
subsection in order to meet the eligible project cost
threshold under section 602, by grouping related projects
together for that purpose, on the condition that the credit
assistance for the projects is secured by a common pledge;
and
``(E) a project to improve or construct public
infrastructure that is located within \1/2\ mile of--
``(i) a fixed guideway transit facility;
``(ii) a passenger rail station;
``(iii) an intercity or intermodal facility; or
``(iv) in an area with a population of less than 200,000
individuals, a transit center, including--

``(I) improvements to mobility;
``(II) rehabilitation or construction of streets, transit
stations, structured parking, walkways, and bikeways; or
``(III) any other activity listed under section
5302(3)(G)(v) of title 49.

``(12) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
``(13) Rating agency.--The term `rating agency' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(14) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project either--
``(A) located in any area other than an urbanized area that
has a population of greater than 250,000 inhabitants; or
``(B) connects a rural area to a city with a population of
less than 250,000 inhabitants within the city limits.
``(15) Secured loan.--The term `secured loan' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 603.
``(16) State.--The term `State' has the meaning given the
term in section 101.
``(17) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(18) Substantial completion.--The term `substantial
completion' means--
``(A) the opening of a project to vehicular or passenger
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the credit agreement.
``(19) TIFIA program.--The term `TIFIA program' means the
transportation infrastructure finance and innovation program
of the Department.
``(20) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount from
future available budget authority that is--
``(A) contingent upon those funds being made available in
law at a future date; and
``(B) not an obligation of the Federal Government.
``(b) Treatment of Chapter.--For purposes of this title,
this chapter shall be treated as being part of chapter 1.

``Sec.  602. Determination of eligibility and project
selection

``(a) Eligibility.--A project shall be eligible to receive
credit assistance under this chapter if the entity proposing
to carry out the project submits a letter of interest prior
to submission of a formal application for the project, and
the project meets the following criteria:
``(1) Creditworthiness.--
``(A) In general.--The project shall satisfy applicable
creditworthiness standards, which, at a minimum, includes--
``(i) a rate covenant, if applicable;
``(ii) adequate coverage requirements to ensure repayment;
``(iii) an investment grade rating from at least 2 rating
agencies on debt senior to the Federal credit instrument; and
``(iv) a rating from at least 2 rating agencies on the
Federal credit instrument, subject to the condition that,
with respect toclause (iii), if the senior debt and Federal
credit instrument is for an amount less than $75,000,000 or
for a rural infrastructure project or intelligent
transportation systems project, 1 rating agency opinion for
each of the senior debt and Federal credit instrument shall
be sufficient.
``(B) Senior debt.--Notwithstanding subparagraph (A), in a
case in which the Federal credit instrument is the senior
debt, the Federal credit instrument shall be required to
receive an investment grade rating from at least 2 rating
agencies, unless the credit instrument is for a rural
infrastructure project or intelligent transportation systems
project, in which case 1 rating agency opinion shall be
sufficient.
``(2) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this chapter.
``(3) Application.--A State, local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the
Secretary, shall submit a project application acceptable to
the Secretary.
``(4) Eligible project costs.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under this chapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural infrastructure project,
$25,000,000; or
``(ii) 33\1/3\ percent of the amount of Federal highway
assistance funds apportioned for the most recently completed
fiscal year to the State in which the project is located.
``(B) Intelligent transportation system projects.--In the
case of a project principally involving the installation of
an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$15,000,000.
``(C) Other projects.--In the case of a project that is
eligible under section 601(a)(11)(E), eligible project costs
shall be reasonably anticipated to equal or exceed
$15,000,000.
______

SA 1792. Mrs. SHAHEEN (for herself, Ms. Murkowski, Ms. Collins, Mr.
Levin, Ms. Klobucher, Mr. Sanders, Mr. Begich, Mr. Leahy, Mr. Merkley,
Ms. Landrieu, and Ms. Stabenow) submitted an amendment intended to be
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway
and highway safety construction programs, and for other purposes; which
was ordered to lie on the table; as follows:

Beginning on page 264, strike line 23 and all that follows
through page 267, line 9, and insert the following:
``(5) Special rules for small metropolitan planning
organizations.--
``(A) In general.--Subject to subparagraph (B), a
metropolitan planning organization subject to this section
and chapter 53 of title 49 (as in effect on the day before
the date of enactment of the MAP 21) shall continue to be
designated as a metropolitan planning organization subject to
this section (as amended by that Act) if the metropolitan
planning organization--
``(i) serves an urbanized area; and
``(ii) the population of the urbanized area is more than
50,000 individuals and less than 200,000 individuals.
``(B) Exception.--Subparagraph (A) shall not apply if the
Governor and units of general purpose local government--
``(i) agree to terminate the designation described in
subparagraph (A); and
``(ii) together represent at least 75 percent of the
population described in subparagraph (A)(ii), based on the
latest available decennial census conducted under section
141(a) of title 13, United States Code.
``(C) Treatment.--A metropolitan planning organization
described in subparagraph (A) shall be treated, for purposes
of this section and chapter 53 of title 49 as a metropolitan
planning organization that is subject to this section (as
amended by the MAP 21).
______

SA 1793. Mrs. FEINSTEIN submitted an amendment intended to be
proposed to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813,
to reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

[[Page S1398]]

On page 387, strike lines 4 through 6 and insert the
following:
(i) in subparagraph (B)--

(I) in clause (i), by striking ``but''; and
(II) by striking clause (ii) and inserting the following:

``(ii) at the request of a State, the Secretary may assign
the State, and the State may assume, the responsibilities of
the Secretary with respect to 1 or more transit, railroad, or
multimodal projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13 4321 et seq.);
and
``(iii) the Secretary may not assign--
______

SA 1794. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle E of title I of division A, add the
following:

SEC. 15__. SAVANNAH HARBOR EXPANSION, GEORGIA.

The project for harbor deepening, Savannah Harbor
Expansion, Georgia, authorized by section 101(b)(9) of the
Water Resources Development Act of 1999 (Public Law 106 53;
113 Stat. 279), is modified to authorize the Secretary of the
Army to construct the project at a total cost of
$659,652,977, with an estimated Federal cost of $401,178,855
and an estimated non-Federal cost of $258,474,122, pending a
record of decision for the project.
______

SA 1795. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 490, between lines 3 and 4, insert the following:

SEC. 15__. SAVANNAH HARBOR EXPANSION, GEORGIA.

The project for harbor deepening, Savannah Harbor
Expansion, Georgia, authorized by section 101(b)(9) of the
Water Resources Development Act of 1999 (Public Law 106 53;
113 Stat. 279), is modified to authorize the Secretary of the
Army to construct the project at a total cost of
$659,652,977, with an estimated Federal cost of $401,178,855
and an estimated non-Federal cost of $258,474,122, pending a
record of decision for the project.
______

SA 1796. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 888, line 18, strike ``Section'' and insert the
following:
(a) In General.--Section

Beginning on page 896, strike line 22 and all that follows
through page 897, line 22, and insert the following:
``(3) Buy america waiver requirements.--
``(A) Notice and comment opportunities.--
``(i) In general.--If the Secretary receives a request for
a waiver under section 313(b) of title 23, United States
Code, section 5323(j)(2) of title 49, United States Code, or
section 24305(f)(4), or 24405(a)(2), of such title, the
Secretary shall provide notice of, and an opportunity for
public comment on, the request not later than 15 days before
making a finding based on such request.
``(ii) Notice requirements.--Each notice provided under
clause (i)--

``(I) shall include the information available to the
Secretary concerning the request, including the requestor's
justification for such request; and
``(II) shall be provided electronically, including on the
official public Internet website of the Department.

``(B) Publication of detailed justification.--If the
Secretary issues a waiver pursuant to the authority granted
under a provision referenced in subparagraph (A)(i), the
Secretary shall publish, in the Federal Register, a detailed
justification for the waiver that--
``(i) addresses the public comments received under
subparagraph (A)(i); and
``(ii) is published before the waiver takes effect.
``(C) Buy america reporting.--Not later than February 1,
2013, and annually thereafter, the Secretary shall submit a
report to Congress that--
``(i) specifies each highway, public transportation, or
railroad project for which the Secretary issued a waiver from
a Buy America requirement pursuant to the authority granted
under a provision referenced in subparagraph (A)(i) during
the preceding calendar year;
``(ii) identifies the country of origin and product
specifications for the steel, iron, or manufactured goods
acquired pursuant to each of the waivers specified under
clause (i); and
``(iii) summarizes the monetary value of contracts awarded
pursuant to each such waiver.
``(D) Consistency with international agreements.--This
paragraph shall be applied in a manner that is consistent
with United States obligations under relevant international
agreements.
``(E) Review of nationwide waivers.--Not later than 1 year
after the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, and at least once every 5
years thereafter, the Secretary shall review each standing
nationwide waiver issued pursuant to the authority granted
under any of the provisions referenced in subparagraph (A)(i)
to determine whether continuing such waiver is necessary.

On page 900, between lines 9 and 10, insert the following:
``(10) Application to transit programs.--The requirements
under this subsection shall apply to all contracts eligible
for Federal funding for a project carried out within the
scope of the applicable finding, determination, or decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), regardless of the funding source of
such contracts, if at least 1 contract for the project is
funded with amounts made available to carry out this chapter.

On page 904, between lines 6 and 7, insert the following:
(b) Buy America Provisions.--
(1) Surface transportation.--Section 313 of title 23,
United States Code, is amended by adding at the end the
following:
``(g) Application to Highway Programs.--The requirements
under this section shall apply to all contracts eligible for
Federal funding for a project carried out within the scope of
the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if
at least 1 contract for the project is funded with amounts
made available to carry out this title.''.
(2) Amtrak.--Section 24305(f) of title 49, United States
Code, is amended by adding at the end the following:
``(5) The requirements under this subsection shall apply to
all contracts eligible for Federal funding for a project
carried out within the scope of the applicable finding,
determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of
the funding source of such contracts, if at least 1 contract
for the project is funded with amounts made available to
carry out this chapter.''.
(3) Application to intercity passenger rail service
corridors.--Section 24405(a) of title 49, United States Code,
is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) through (11) as
paragraphs (4) through (10), respectively; and
(C) by adding at the end the following:
``(11) The requirements under this subsection shall apply
to all contracts eligible for Federal funding for a project
carried out within the scope of the applicable finding,
determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of
the funding source of such contracts, if at least 1 contract
for the project is funded with amounts made available to
carry out this title.
``(12) If a project receives funding under chapter 243 and
under the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110 432), the Buy America
requirements set forth in the Passenger Rail Investment and
Improvement Act of 2008 shall apply to all contracts in the
project within the scope of the applicable finding,
determination, or decision under he National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(4) Consistency with international agreements.--The
amendments made by this subsection shall be applied in a
manner that is consistent with United States obligations
under relevant international agreements.
______

SA 1797. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1813, to reauthorize Federal-aid highway and highway
safety construction programs, and for other purposes; which was ordered
to lie on the table; as follows:

On page 44, line 15, strike ``2009'' and insert ``2011''.
______

SA 1798. Mr. BOOZMAN submitted an amendment intended to be proposed
to amendment SA 1761 proposed by Mr. Reid to the bill S. 1813, to
reauthorize Federal-aid highway and highway safety construction
programs, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of subtitle E of title I of division A, add the
following:

SEC. 15__. ENGINEERING AND DESIGN SERVICES.

(a) Definition of State Transportation Department.--In this
section, the term ``State transportation department'' has the
meaning given the term in section 101 of title 23, United
States Code.
(b) Delivery of Services.--For projects carried out under
title 23, United States Code, a State transportation
department shall use, to the maximum extent practicable,
commercial enterprises for the delivery of engineering and
design services.

[[Page S1399]]

(c) Considerations.--In carrying out subsection (b), a
State transportation department should consider with respect
to the use of commercial enterprises for the delivery of
engineering and design services, among other factors--
(1) the long-term value to the taxpayer; and
(2) the need to maintain a competent engineering workforce
to provide program management and oversight.
(d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, each State
transportation department shall submit to the Secretary a
report documenting the extent to which the State uses
commercial enterprises for the delivery of engineering and
design services for projects carried out under title 23,
United States Code, including, at a minimum, a description
of--
(1) the number and types of engineering and design
activities for which commercial enterprises were used during
the year covered by the report; and
(2) the policies or procedures used by the State
transportation department to increase the number of
engineering and design services for which commercial
enterprises were used.
______

SA 1799. Ms. CANTWELL (for herself and Mr. Rubio) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title II of division D, add the following:

SEC. __. EXTENSION OF DEDUCTION OF STATE AND LOCAL SALES
TAXES.

(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2012'' and inserting
``January 1, 2013''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

____________________