[Congressional Record Volume 151, Number 61 (Wednesday, May 11, 2005)]
[Senate]
[Pages S4960-S5004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       Strike section 1403 and insert the following:

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

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

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

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

[[Page S4961]]

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

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

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

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

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

``164. Increased penalties for higher-risk drivers driving while 
              intoxicated or driving under the influence.''.
                                 ______
                                 
  SA 620. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 407, strike line 13 and insert the following:
       (3)(A) that traverse at least 3 States;
       (B) that are connected to a corridor that traverses at 
     least 3 States by--
       (i) less than 215 miles; and
       (ii) a single Interstate Route; or
       (C) that--
       (i) are less than 75 miles; and
       (ii) connect to a corridor that is otherwise eligible under 
     this subsection; and
                                 ______
                                 
  SA 621. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 18__. COMMUNITY ENHANCEMENT STUDY.

       (a) In General.--The Secretary shall conduct a study on--
       (1) the role of well-designed transportation projects in--
       (A) promoting economic development;
       (B) protecting public health, safety, and the environment; 
     and
       (C) enhancing the architectural design and planning of 
     communities; and
       (2) the positive economic, cultural, aesthetic, scenic, 
     architectural, and environmental benefits of those projects 
     for communities.
       (b) Contents.--The study shall address--
       (1) the degree to which well-designed transportation 
     projects--
       (A) have positive economic, cultural, aesthetic, scenic, 
     architectural, and environmental benefits for communities;
       (B) protect and contribute to improvements in public health 
     and safety; and
       (C) use inclusive public participation processes to achieve 
     quicker, more certain, and better results;
       (2) the degree to which positive results are achieved by 
     linking transportation, design, and the implementation of 
     community visions for the future; and
       (3) methods of facilitating the use of successful models or 
     best practices in transportation investment or development to 
     accomplish--
       (A) enhancement of community identity;
       (B) protection of public health and safety;
       (C) provision of a variety of choices in housing, shopping, 
     transportation, employment, and recreation;
       (D) preservation and enhancement of existing 
     infrastructure; and
       (E) creation of a greater sense of community through public 
     involvement.
       (c) Administration.--
       (1) In general.--To carry out this section, the Secretary 
     shall make a grant to, or enter into a cooperative agreement 
     or contract with, a national organization with expertise in 
     the design of a wide range of transportation and 
     infrastructure projects, including the design of buildings, 
     public facilities, and surrounding communities.
       (2) Federal share.--Notwithstanding section 1221(e)(2) of 
     the Transportation Equity Act for the 21st Century (23 U.S.C. 
     101 note), the Federal share of the cost of the study under 
     this section shall be 100 percent.
       (d) Report.--Not later than September 20, 2006, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the results of the study under this section.
       (e) Authorization.--Of the amounts made available to carry 
     out section 1221 of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 101 note), $1,000,000 shall be 
     available for each of fiscal years 2005 and 2006 to carry out 
     this section.
                                 ______
                                 
  SA 622. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC.__. COMPREHENSIVE COASTAL EVACUATION PLAN.

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

[[Page S4962]]

       (C) methods of coordinating communication with evacuees 
     during plan execution;
       (D) precise methods for mass evacuations caused by 
     disasters such as hurricanes, flash flooding, and tsunamis; 
     and
       (E) recommended policies, strategies, programs, and 
     activities that could improve disaster-related evacuations.
       (d) Report and Updates.--The Secretaries shall--
       (1) not later than October 1, 2006, submit to Congress the 
     written comprehensive plan; and
       (2) periodically thereafter, but not less often than every 
     5 years, update, and submit to Congress any revision to, the 
     plan.
                                 ______
                                 
  SA 623. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 18__. FINISH PROGRAM.

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

     ``Sec. 180. FINISH program

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

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

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

     SEC. 18__. ALASKA WAY VIADUCT STUDY.

       (a) Findings.--Congress finds that--
       (1) in 2001, the Alaska Way Viaduct, a critical segment of 
     the National Highway System in Seattle, Washington, was 
     seriously damaged by the Nisqually earthquake;
       (2) an effort to address the possible repair, retrofit, or 
     replacement of the Alaska Way Viaduct that conforms with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) is underway; and
       (3) as a result of the efforts referred to in paragraph 
     (1), a locally preferred alternative for the Alaska Way 
     Viaduct is being developed.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Highway Administration.
       (2) City.--The term ``City'' means the city of Seattle, 
     Washington.
       (3) Earthquake.--The term ``earthquake'' means the 
     Nisqually earthquake of 2001.
       (4) Fund.--The term ``Fund'' means the emergency fund 
     authorized under section 125 of title 23, United States Code.
       (5) State.--The term ``State'' means the Washington State 
     Department of Transportation.
       (6) Viaduct.--The term ``Viaduct'' means the Alaska Way 
     Viaduct.
       (c) Study.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Administrator, in cooperation with 
     the State and the City, shall conduct a comprehensive study 
     to determine the specific damage to the Viaduct from the 
     earthquake that contribute to the ongoing degradation of the 
     Viaduct.
       (2) Requirements.--The study under paragraph (1) shall--
       (A) identify any repair, retrofit, and replacement costs 
     for the Viaduct that are eligible for additional assistance 
     from the Fund, consistent with the emergency relief manual 
     governing eligible expenses from the Fund; and
       (B) determine the amount of assistance from the Fund for 
     which the Viaduct is eligible.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report that describes the findings of the study.
       (d) Assistance From the Emergency Relief Program.--If the 
     study indicates that the Viaduct is eligible for assistance 
     from the Fund, the assistance shall be made available for the 
     Viaduct subject to the conditions that--
       (1) the amount of assistance provided from the Fund shall 
     not exceed--
       (A) 50 percent of the cost of a new comparable replacement 
     structure for the Viaduct; or
       (B) if the study determines that repair or retrofit of the 
     Viaduct is feasible, 86.5 percent of the cost of repair or 
     retrofit of the Viaduct;
       (2) for any single fiscal year, the amount of assistance 
     provided from the Fund shall not exceed $50,000,000;
       (3) amounts made available from the Fund may be applied 
     toward the replacement costs of a new alternative structure 
     for the Viaduct, as provided for under existing Federal 
     Highway Administration regulations; and
       (4) if amounts from the Fund are to be used toward the 
     replacement costs of a new alternative structure for the 
     Viaduct under paragraph (3)--
       (A) the State and the City shall examine all available 
     capital financing opportunities available under Federal 
     guidelines, including--
       (i) funding under subchapter II of chapter 1 of title 23, 
     United States Code;
       (ii) funding through a State infrastructure bank;
       (iii) user fees (including tolls);
       (iv) design-build arrangements; and
       (v) private financing;
       (B) the State and the City shall explore cost-saving 
     opportunities that may be available by coordinating the 
     Viaduct replacement project and any seawall replacement 
     project for the City; and
       (C) usual and reasonable finance costs incurred by the 
     State and the City shall, consistent with existing Federal 
     Highway Administration regulations, be considered to be 
     eligible expenditures under section 125 of title 23, United 
     States Code.
                                 ______
                                 
  SA 625. Mr. LAUTENBERG (for himself and Mr. Dodd) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

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

[[Page S4963]]

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

       On page 267, strike lines 1 through 14 and insert the 
     following:
       (4) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (F) and (G), respectively; and
       (5) by inserting after subparagraph (C) the following:
       ``(D) Additional adjustment for pm 2.5 areas.--If, in 
     addition to being designated as a nonattainment or 
     maintenance area for ozone or carbon monoxide, or both as 
     described in section 149(b), any county within the area was 
     also designated under the PM-2.5 standard as a nonattainment 
     or maintenance area, the weighted nonattainment or 
     maintenance area population of those counties shall be 
     further multiplied by a factor of 1.2.
       ``(E) Use of funds for coarse particulate matter.--Nothing 
     in this paragraph precludes the use by a State of funds made 
     available under this paragraph to address air pollution 
     caused by coarse particulate matter (PM10).''.
                                 ______
                                 
  SA 627. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) Imposition of Tax.--
       (1) In general.--Section 4081(a)(2)(A) (relating to rates 
     of tax), as amended by section 5611 of this Act, is amended--
       (A) by striking ``and'' at the end of clause (ii),
       (B) by striking the period at the end of clause (iii), and
       (C) by adding at the end the following new clauses:
       ``(iv) in the case of liquefied petroleum gas and P Series 
     Fuels, 18.3 cents per gallon,
       ``(v) in the case of compressed natural gas and hydrogen, 
     18.3 cents per energy equivalent of a gallon of gasoline, and
       ``(vi) in the case of liquefied natural gas, any liquid 
     fuel derived from coal (including peat), and liquid 
     hydrocarbons derived from biomass (as defined in section 
     29(c)(3)), 24.3 cents per gallon.''.
       (2) Treatment of alternative fuel as taxable fuel.--
       (A) In general.--Section 4083(a)(1) (defining taxable fuel) 
     is amended--
       (i) by striking ``and'' at the end of subparagraph (B),
       (ii) by striking the period at the end of subparagraph (C) 
     and inserting ``, and'', and
       (iii) by adding at the end the following new subparagraph:
       ``(D) alternative fuel.''.
       (B) Definition.--Section 4083(a) is amended by adding at 
     the end the following new paragraph:
       ``(4) Alternative fuel.--The term `alternative fuel' 
     means--
       ``(A) compressed or liquefied natural gas,
       ``(B) liquefied petroleum gas,
       ``(C) P Series Fuels (as defined by the Secretary of Energy 
     under section 13211(2) of title 42, United States Code,
       ``(D) hydrogen,
       ``(E) any liquid fuel derived from coal (including peat), 
     and
       ``(F) liquid hydrocarbons derived from biomass (as defined 
     in section 29(c)(3)).''.
       (3) Conforming amendments.--
       (A) Section 4041(a), as amended by section 5101 of this 
     Act, is amended by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) Special motor fuels.--
       ``(A) In general.--There is hereby imposed a tax on any 
     alternative fuel (other than gas oil or fuel oil)--
       ``(i) sold by any person to an owner, lessee, or other 
     operator of a motor vehicle or motorboat for use as a fuel in 
     such motor vehicle or motorboat, or
       ``(ii) used by any person as a fuel in a motor vehicle or 
     motorboat unless there was a taxable sale of such fuel under 
     clause (i).
       ``(B) Exemption for previously taxed fuel.--No tax shall be 
     imposed by this paragraph on the sale or use of any 
     alternative fuel if tax was imposed on such alternative fuel 
     under section 4081 and the tax thereon was not credited or 
     refunded.
       ``(C) Rate of tax.--The rate of the tax imposed by this 
     paragraph shall be the rate of tax specified in clause (iv), 
     (v), or (vi) of section 4081(a)(2)(A) on the alternative fuel 
     which is in effect at the time of such sale or use.
       ``(D) Bus uses.--No tax shall be imposed by this paragraph 
     on any sale for use, or use, described in subparagraph (B) or 
     (C) of section 6427(b)(2) (relating to school bus and 
     intracity transportation).''.
       (B) Section 4041(b)(2) is amended by striking ``2007'' both 
     places it appears and inserting ``2005''.
       (C) Section 4041, as amended by section 5101 of this Act, 
     is amended by striking subsection (m).
       (b) Credit for Alternative Fuel and Alternative Fuel 
     Mixtures.--
       (1) In general.--Section 6426(a) (relating to allowance of 
     credits) is amended by striking ``plus'' at the end of 
     paragraph (1), by striking the period at the end of paragraph 
     (2) and by adding at the end the following new paragraphs:
       ``(3) the alternative fuel credit, plus
       ``(4) the alternative fuel mixture credit.''.
       (2) Alternative fuel and alternative fuel mixture credit.--
     Section 6426 (relating to credit for alcohol fuel and 
     biodiesel mixtures) is amended by redesignating subsections 
     (d) and (e) as subsections (f) and (g) and by inserting after 
     subsection (c) the following new subsection:
       ``(d) Alternative Fuel Credit.--
       ``(1) In general.--For purposes of this section, the 
     alternative fuel credit is the product of 50 cents and the 
     number of gallons of an alternative fuel or gasoline gallon 
     equivalents of a nonliquid alternative fuel sold by the 
     taxpayer for use as a motor fuel in a highway vehicle.
       ``(2) Alternative fuel.--For purposes of this section, the 
     term `alternative fuel' has the meaning given such term by 
     section 4083(a)(4), except such term does not include ethanol 
     or methanol.
       ``(3) Gasoline gallon equivalent.--For purposes of this 
     subsection, the term `gasoline gallon equivalent' means, with 
     respect to any nonliquid alternative fuel, the amount of such 
     fuel having a Btu content of 124,800 (higher heating value).
       ``(4) Termination.--This subsection shall not apply to any 
     sale, use, or removal for any period after December 31, 2010.
       ``(e) Alternative Fuel Mixture Credit.--
       ``(1) In general.--For purposes of this section, the 
     alternative fuel mixture credit is the product of 50 cents 
     and the number of gallons of alternative fuel used by the 
     taxpayer in producing any alternative fuel mixture for sale 
     or use in a trade or business of the taxpayer.
       ``(2) Alternative fuel mixture.--For purposes of this 
     section, the term `alternative fuel mixture' means a mixture 
     of alternative fuel and taxable fuel (as defined in 
     subparagraph (A), (B), or (C) of section 4083(a)(1)) which--
       ``(A) is sold by the taxpayer producing such mixture to any 
     person for use as fuel in a highway vehicle, or
       ``(B) is used as a fuel in a highway vehicle by the 
     taxpayer producing such mixture.
       ``(3) Termination.--This subsection shall not apply to any 
     sale, use, or removal for any period after December 31, 
     2010.''.
       (3) Conforming amendments.--
       (A) The section heading for section 6426 is amended by 
     striking ``ALCOHOL FUEL AND BIODIESEL'' and inserting 
     ``CERTAIN ALTERNATIVE FUEL''.
       (B) The table of sections for subchapter B of chapter 65 is 
     amended by striking ``ALCOHOL FUEL AND BIODIESEL'' in the 
     item relating to section 6426 and inserting ``certain 
     alternative fuel''.
       (C) Section 6427(a) is amended by striking ``paragraph (2) 
     or (3) of section 4041(a) or section 4041(c)'' and inserting 
     ``section 4041(a)(2) or 4041(c)''.
       (D) Section 6427(e) is amended--
       (i) by inserting ``or the alternative fuel mixture credit'' 
     after ``biodiesel mixture credit'' in paragraph (1),
       (ii) by inserting ``or alternative fuel'' after ``section 
     40A(d)(2))'' in paragraph (2),
       (iii) by striking ``and'' at the end of paragraph (3)(A),
       (iv) by striking the period at the end of paragraph (3)(B),
       (v) by adding at the end of paragraph (3) the following new 
     subparagraph:
       ``(C) any alternative fuel or alternative fuel mixture (as 
     defined in section 6426 (d)(2) or (e)(3)) sold or used after 
     December 31, 2010.'', and
       (vi) by striking ``or Biodiesel Used To Produce Alcohol 
     Fuel and Biodiesel Mixtures'' in the heading and inserting 
     ``, Biodiesel, or Alternative Fuel''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     December 31, 2005.
                                 ______
                                 
  SA 628. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 439, line 3, insert ``and the National Center for 
     Earthquake Engineering Research at the University of 
     Buffalo,'' after ``Reno,''.
                                 ______
                                 
  SA 628. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S4964]]

     SEC. __. ROAD AND HIGHWAY GRADE SEPARATIONS.

       (a) In General.--The Secretary shall carry out a program 
     under which the Secretary provides grants to States and units 
     of local government for use in constructing tunnels, bridges, 
     and other means of separating railroad tracks and roads.
       (b) Priority.--In providing grants under this section, the 
     Secretary shall give priority to projects involving--
       (1) separations of railroad tracks and roads that would 
     have the most impact on improving safety; and
       (2) rail lines that have a high volume of goods movement.
       (c) Regulations; Policies.--The Secretary shall promulgate 
     such regulations and establish such policies as are necessary 
     to carry out this section.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2005 through 2009.
                                 ______
                                 
  SA 630. Mr. KENNEDY (for himself and Mr. Kerry) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

         On page 483, strike line 17 and insert the following:
         ``(i) Lesley University-Tufts University Joint 
     Transportation Center, Massachusetts.
                                 ______
                                 
  SA 631. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

         On page 1234, strike lines 8 and all that follows through 
     ``prevent'' on page 1235, line 1, and insert the following
         ``(b) Notice and Approval.--The State shall serve written 
     notice to the Secretary or the Board, as the case may be, of 
     any proposed civil action under subsection (a). The notice 
     shall include a copy of the complaint to be filed, as well as 
     other such information as the Secretary may require in order 
     to evaluate the proposed action. Prior to initiating such 
     civil action, the State shall obtain the written approval of 
     the Secretary or the Board, as the case may be. Approval 
     shall only be granted if--
         (1) the carrier or broker (as such terms are defined in 
     section 13102 of title 49, United States Code) is not 
     registered with the Department of Transportation; or
         (2) the license of a carrier or broker is pending 
     revocation for failure to file proof of the required bodily 
     injury or cargo liability insurance or has been revoked for 
     any other reason by the Department of Transportation; or
         (3) the carrier is not rated or has received a 
     conditional or unsatisfactory safety rating by the Department 
     of Transportation; or
         (4) the carrier or broker has been licensed with the 
     Department of Transportation for less than five (5) years.
         (c) Authority To Intervene.--Once approval has been 
     granted under subsection (b), nothing in this section shall 
     be construed to limit the independent authority of the 
     Secretary or Board to intervene and be heard on all matters 
     arising in civil action under subsection (a).
         (d) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this section shall--
         (1) convey a right to initiate or maintain class action 
     lawsuits to enforce Federal laws or regulations; or
         (2) prevent
                                 ______
                                 
  SA 632. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:

           Subtitle G--United States Tax Court Modernization

     SEC. 5700. SHORT TITLE.

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

                      PART I--TAX COURT PROCEDURE

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

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

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

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

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

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

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

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

     SEC. 5705. AMENDMENTS TO APPOINT EMPLOYEES.

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

[[Page S4965]]

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

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

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

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

              PART II--TAX COURT PENSION AND COMPENSATION

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

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

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

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

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

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

[[Page S4966]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S4967]]

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

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

     SEC. 5720. RETIREMENT AND ANNUITY PROGRAM.

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

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

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

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

[[Page S4968]]

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

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

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

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

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

[[Page S4969]]

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

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

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

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

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

[[Page S4970]]

     SEC. 5722. PROVISIONS FOR RECALL.

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

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

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

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

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

     SEC. 5723. EFFECTIVE DATE.

       Except as otherwise provided, the amendments made by this 
     part shall take effect on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 633. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 263, between lines 21 and 22, insert the following:
       (d) San Joaquin Valley Pilot Truck Toll Program.--
       (1) In general.--The Secretary may establish toll 
     facilities in the San Joaquin Valley, California, to test the 
     effectiveness of imposing certain tolls on trucks to abate 
     air pollution in an extreme nonattainment area.
       (2) Conditions.--The toll shall be established only if the 
     State of California determines, and the Secretary agrees, 
     that in an extreme nonattainment area, including on a State 
     highway that is regularly used for interstate commerce and is 
     used as alternative route to an interstate highway, a toll 
     would bring about substantial abatement of air pollution from 
     interstate commerce. In making a determination with respect 
     to the abatement, the Secretary may consider alternative 
     collection methods, such as using interstate truck weighing 
     stations to assess variable fees and taking into account the 
     amount of emissions generated.
       (3) Definitions.--In this subsection, the term ``truck'' 
     has the meaning given that term under California law on the 
     date of enactment of this Act.
       (4) Limitation.--Tolls under this subsection shall only 
     apply to trucks with a gross vehicle weight rating of 14,000 
     pounds or more.
                                 ______
                                 
  SA 634. Mr. DAYTON (for himself, Mr. Lugar, Mr. Durbin, Mr. Coleman, 
Mr. Harkin, Mr. Bingaman, and Mr. Salazar) submitted an amendment 
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to 
the bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1623. IDENTIFICATION OF CERTAIN ALTERNATIVE FUELED 
                   VEHICLES.

       (a) In General.--Section 32908 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (e) and (f) as subsection 
     (f) and (g), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Identification of Certain Alternative Fueled 
     Vehicles.--A manufacturer shall affix, or have affixed, to 
     each dual fueled automobile manufactured by the manufacturer 
     (including each light duty truck) that may be operated on the 
     alternative fuel described in section 32901(a)(1)(D)--
       ``(1) a permanent label inside the automobile's fuel door 
     compartment that--
       ``(A) meets the requirements of the regulations prescribed 
     by the Administrator for such label; and
       ``(B) states that the automobile may be operated on the 
     alternative fuel described in section 32901(a)(1)(D) and 
     identifies such alternative fuel; and
       ``(2) a temporary label to the window or windshield of the 
     automobile that--
       ``(A) meets the requirements of the regulations prescribed 
     by the Administrator for such label; and
       ``(B) identifies the automobile as capable of operating on 
     such alternative fuel.''.
       (b) Regulations.--Not later than March 1, 2006, the 
     Administrator of the Environmental Protection Agency shall 
     promulgate regulations--
       (1) for the label referred to in paragraph (1) of section 
     32908(e) of title 49, United States Code, as amended by 
     subsection (a), that describe--
       (A) the language that shall be set out on the label, 
     including a statement that the vehicle is capable of 
     operating on a mixture of 85 percent ethanol blended with 
     gasoline; and
       (B) the appropriate size and color of the font of such 
     language so that it is conspicuous to the individual 
     introducing fuel into the vehicle; and
       (2) for the temporary window or windshield label referred 
     to in paragraph (2) of such section 32908(e), that--
       (A) prohibit the label from being removed by any seller 
     prior to the final sale of the vehicle to a consumer; and
       (B) describe the specifications of the label, including 
     that the label shall be--
       (i) prominently displayed and conspicuous on the vehicle; 
     and
       (ii) separate from any other window or windshield sticker, 
     decal, or label.
       (c) Compliance.--
       (1) In general.--A manufacturer shall be required to comply 
     with the requirements of section 32908(e) of title 49, United 
     State Code, as amended by subsection (a), for a vehicle that 
     is manufactured for a model year after model year 2006.
       (2) Model year defined.--In this subsection, the term 
     ``model year'' shall have the meaning given such term in 
     section 32901(a) of such title.
       (d) Violations.--
       (1) In general.--Section 32908(f) of title 49, United 
     States Code, as redesignated by subsection (a), is amended by 
     inserting ``or (e)'' after ``subsection (b)''.
       (2) Conforming amendment.--Section 32911(a) of such title 
     is amended by inserting ``32908(e),'' after ``32908(b),''.
                                 ______
                                 
  SA 635. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TAX CREDIT FOR RURAL COMMUTERS.

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

     ``SEC. 25C. RURAL COMMUTER CREDIT.

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

[[Page S4971]]

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

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

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2004.
                                 ______
                                 
  SA 636. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) In General.--Notwithstanding any other provision of 
     law, the project identified as the preferred alternative in 
     the document entitled ``US-95 Project in Las Vegas, Nevada'', 
     as approved by the Federal Highway Administration on November 
     18, 1999, and selected in the record of decision dated 
     January 28, 2000, shall be considered to meet all 
     requirements of section 102(2)(C) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) and 
     any related laws with respect to the determination contained 
     in the record of decision.
       (b) Authorization.--The State of Nevada may continue 
     construction of the project described in subsection (a) to 
     completion.
                                 ______
                                 
  SA 637. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       In title VI, on page 5, line 4, strike ``a semicolon'' and 
     insert `` `or 20 percent of such recipient's annual formula 
     apportionment under sections 5307 and 5311 in the case where 
     the service is acquired by contract;' ''.
                                 ______
                                 
  SA 638. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 276, line 9, insert `` (including intercity 
     passenger rail when used for the purpose of a daily 
     commute)'' after ``transit ridership''.
                                 ______
                                 
  SA 639. Mr. LAUTENBERG submitted an amendment intended to be proposed 
by him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

       TITLE      --SAFE HIGHWAYS AND INFRASTRUCTURE PRESERVATION

     SEC. --001. SHORT TITLE.

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

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

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

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

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

[[Page S4972]]

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

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

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

     SEC. --005. NONDIVISIBLE LOAD PROCEEDING.

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

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

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

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

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

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

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

[[Page S4973]]

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

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

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

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

       Section 127(a) of title 23, United States Code, is amended 
     by adding at the end the following: ``Notwithstanding any 
     other provision of law, a vehicle that, with respect to 
     weight distribution characteristics, could lawfully operate 
     in North Dakota as of January 1, 2004, on United States Route 
     52 (including the United States Route 52 bypass in Jamestown, 
     North Dakota), or on United States Route 281, may operate on 
     Interstate Route 94 in the State of North Dakota, between the 
     intersection of Interstate Route 94 and United States Route 
     281 and the intersection of Interstate Route 94 and United 
     States Route 52 bypass (including interchanges) under the 
     same conditions under which the vehicle operates in the State 
     of North Dakota on United States Route 52 (including the 
     United States Route 52 bypass) or United States Route 281.''.
                                 ______
                                 
  SA 641. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

       Section 127(a) of title 23, United States Code, is amended 
     by adding at the end the following: ``Notwithstanding any 
     other provision of law, a vehicle that, with respect to 
     weight distribution characteristics, could lawfully operate 
     in North Dakota as of January 1, 2004, on United States Route 
     52 (including the United States Route 52 bypass in Jamestown, 
     North Dakota), or on United States Route 281, may operate on 
     Interstate Route 94 in the State of North Dakota, between the 
     intersection of Interstate Route 94 and United States Route 
     281 and the intersection of Interstate Route 94 and United 
     States Route 52 bypass (including interchanges) under the 
     same conditions under which the vehicle operates in the State 
     of North Dakota on United States Route 52 (including the 
     United States Route 52 bypass) or United States Route 281.''.
                                 ______
                                 
  SA 642. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the

[[Page S4974]]

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

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

     SEC. __. BRIDGE CONSTRUCTION, NORTH DAKOTA.

       Notwithstanding any other provision of law, and regardless 
     of the source of Federal funds, the Federal share of the 
     eligible costs of construction of a bridge between Bismarck, 
     North Dakota, and Mandan, North Dakota, shall be 90 percent.
                                 ______
                                 
  SA 643. Mr. CONRAD (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. __. BRIDGE CONSTRUCTION, NORTH DAKOTA.

       Notwithstanding any other provision of law, and regardless 
     of the source of Federal funds, the Federal share of the 
     eligible costs of construction of a bridge between Bismarck, 
     North Dakota, and Mandan, North Dakota, shall be 90 percent.
                                 ______
                                 
  SA 644. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 1814 and insert the following:

     SEC. 1814. PARKING PILOT PROGRAMS. .

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

     ``SEC. 176. PARKING PILOT PROGRAMS.

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

[[Page S4975]]

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

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

       On page 800, strike line 21 and all that follows through 
     page 804, line 19, and insert the following:
       ``(2) Special rule for fiscal years 2005 through 2009.--
       ``(A) Increased flexibility.--The Secretary may award 
     grants under this section, from funds made available to carry 
     out this section for each of the fiscal years 2005 through 
     2009, to finance the operating cost of equipment and 
     facilities for use in mass transportation in an urbanized 
     area with a population of at least 200,000, as determined by 
     the 2000 decennial census of population if--
       ``(i) the urbanized area had a population of less than 
     200,000, as determined by the 1990 decennial census of 
     population;
       ``(ii) a portion of the urbanized area was a separate 
     urbanized area with a population of less than 200,000, as 
     determined by the 1990 decennial census of population;
       ``(iii) the area was not designated as an urbanized area, 
     as determined by the 1990 decennial census of population; or
       ``(iv) a portion of the area was not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and received assistance under section 5311 in fiscal year 
     2002.
       ``(B) Maximum amounts in fiscal years 2005 through 2007.--
     In each of the fiscal years 2005 through 2007--
       ``(i) amounts made available to any urbanized area under 
     clause (i) or (ii) of subparagraph (A) shall be not more than 
     50 percent of the amount apportioned in fiscal year 2002 to 
     the urbanized area with a population of less than 200,000, as 
     determined in the 1990 decennial census of population;
       ``(ii) amounts made available to any urbanized area under 
     subparagraph (A)(iii) shall be not more than 50 percent of 
     the amount apportioned to the urbanized area under this 
     section for fiscal year 2003; and
       ``(iii) each portion of any area not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and eligible to receive funds under subparagraph (A)(iv), 
     shall receive an amount of funds to carry out this section 
     that is not less 50 percent of the amount the portion of the 
     area received under section 5311 for fiscal year 2002.
       ``(C) Maximum amounts in fiscal years 2008 and 2009.--In 
     each of the fiscal years 2008 and 2009--
       ``(i) amounts made available to any urbanized area under 
     clause (i) or (ii) of subparagraph (A) shall be not more than 
     25 percent of the amount apportioned in fiscal year 2002 to 
     the urbanized area with a population of less than 200,000, as 
     determined in the 1990 decennial census of population;
       ``(ii) amounts made available to any urbanized area under 
     subparagraph (A)(iii) shall be not more than 25 percent of 
     the amount apportioned to the urbanized area under this 
     section for fiscal year 2003; and
       ``(iii) each portion of any area not designated as an 
     urbanized area, as determined by the 1990 decennial census, 
     and eligible to receive funds under subparagraph (A)(iv), 
     shall receive an amount of funds to carry out this section 
     that is not less than 25 percent of the amount the portion of 
     the area received under section 5311 in fiscal year 2002.''; 
     and
                                 ______
                                 
  SA 646. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

     SEC. 1. REDUCTIONS

       The total spending in this bill shall be reduced by 
     $11,100,000,000, by reducing the totals by the following 
     amounts--
       (a) STP Enhancements (Sec. 1104(4)): reduce by 
     $2,800,000,000;
       (b) Maglev (Sec. 1819): reduce by $2,000,000,000;
       (c) Ferry Boats (Sec. 1101(14)) and Sec. 1204): reduce by 
     $235,000,000;
       (d) Truck Parking (Sec. 1814(a)): reduce by $47,010,000;
       (e) Puerto Rican Highways (Sec. 1101(15)): reduce by 
     $500,000,000;
       (f) Congestion Mitigation and Air Quality (Sec. 1101(5)): 
     reduce by $4,479,000,000;
       (g) Administrative Expenses (Sec. 1103(a)(1)): reduce by 
     $348,000,000;
       (h) Historic Covered Bridge (Sec. 1812): reduce by 
     $56,000,000;
       (i) Transportation Infrastructure Finance and Innovation 
     Act (Sec. 1303): reduce by $500,000,000;
       (j) Transportation and Community and System Preservation 
     Program (Sec. 1813): reduce by $135,000,000;
                                 ______
                                 
  SA 647. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 718, between lines 18 and 19, insert the following:
       (b) Limitation on Suspension.--Paragraph (2) of section 
     9503(c) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Special rule.--Notwithstanding any other provision of 
     this paragraph, the Secretary shall pay from time to time 
     from the Highway Trust Fund into the general fund of the 
     Treasury amounts--
       ``(i)(I) described in subparagraph (A)(i) with respect to 
     claims filed for the periods ending after March 30, 2005, and 
     before October 1, 2009, and
       ``(II) described in subparagraph (A)(ii) with respect to 
     fuel used after March 30, 2005, and before October 1, 2009, 
     and
       ``(ii) which the Secretary estimates are paid for 
     fraudulent or false claims under sections 34, 6420, 6421, and 
     6427 which the Secretary will not be able to discover.''.
                                 ______
                                 
  SA 648. Mr. VOINOVICH submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWLEDGE TEST REQUIREMENT.

       The Secretary shall recognize any driver who passes a test 
     approved by the Federal Motor Carrier Safety Administration 
     as meeting the knowledge test requirement for a school bus 
     endorsement under section 383.123 of title 49, Code of 
     Federal Regulations.
                                 ______
                                 
  SA 649. Mr. MARTINEZ (for himself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed to amendment SA 605 
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 18__. HIGH PRIORITY CORRIDORS.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(46) The Atlantic Commerce Corridor on Interstate Route 
     95 from Jacksonville, Florida, to Miami, Florida.''.
                                 ______
                                 
  SA 650. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 7402. DEFINITIONS; APPLICATION OF PROVISIONS.

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

[[Page S4976]]

     entirely packed in, and unpacked from, 1 or more containers 
     or trailers by the individual shipper.''.
       (c) Application of Certain Provisions of Law.--The 
     provisions of title 49, United States Code, or of this 
     chapter, relating to the transportation of household goods 
     apply only to a household goods motor carrier (as defined in 
     section 13102(12) of title 49, United States Code).
                                 ______
                                 
  SA 651. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 127(a) of title 23, United States Code, is 
     amended--
       (1) by designating the first through eleventh sentences as 
     paragraphs (1) through (11), respectively; and
       (2) by adding at the end the following:
       ``(12) Arkansas.--During the harvesting season of cotton in 
     the State of Arkansas, as determined by the Governor of the 
     State, the State of Arkansas may allow the operation of 
     vehicles with a gross vehicle weight of up to 80,000 pounds 
     for the hauling of cotton seed on--
       ``(A) United States Route 63 from Gilbert, Arkansas, at the 
     Lake David interchange, to Jonesboro, Arkansas; and
       ``(B) Interstate Route 555, if that route is open to 
     traffic.''.
                                 ______
                                 
  SA 652. Mr. DORGAN (for himself and Mr. Reid) submitted an amendment 
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to 
the bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 15__. INVESTIGATION OF GASOLINE PRICES.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Federal Trade Commission shall 
     conduct an investigation to determine if the price of 
     gasoline is being artificially manipulated by reducing 
     refinery capacity or by any other form of market 
     manipulation.
       (b) Report.--On completion of the investigation under 
     subsection (a), the Federal Trade Commission shall submit to 
     Congress a report that describes--
       (1) the results of the investigation; and
       (2) any recommendations of the Federal Trade Commission.
                                 ______
                                 
  SA 653. Mr. DORGAN (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115 
     Stat. 871) is amended by adding at the end the following:
       ``(46) The Central North American Trade Corridor from the 
     North Dakota-South Dakota border north on United States Route 
     83 through Bismarck and Minot, North Dakota, to the 
     international border with Canada.''.
                                 ______
                                 
  SA 654. Mr. DORGAN (for himself, Mr. Conrad, Mr. Burns, Mr. Thune, 
Mr. Johnson, Mr. Nelson of Nebraska, and Mr. Salazar) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115 
     Stat. 871) is amended by adding at the end the following:
       ``(46) The Theodore Roosevelt Expressway from Rapid City, 
     South Dakota, north on United States Route 85 to Williston, 
     North Dakota, west on United States Route 2 to Culbertson, 
     Montana, north on Montana Highway 16 to the international 
     border with Canada at the port of Raymond, Montana.''.
                                 ______
                                 
  SA 655. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. EXTENSION OF RENEWABLE ENERGY CREDIT.

       Section 45(d) (relating to qualified facilities) is amended 
     by striking ``January 1, 2006'' each place it appears and 
     inserting ``January 1, 2009''.
                                 ______
                                 
  SA 656. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

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

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

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

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

       ``(B) Transfer of credit.--
       ``(i) In general.--A person described in subparagraph 
     (A)(ii) may transfer any credit to which subparagraph (A)(i) 
     applies through an assignment to any other person not 
     described in subparagraph (A)(ii). Such transfer may be 
     revoked only with the consent of the Secretary.
       ``(ii) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit described 
     in clause (i) is assigned once and not reassigned by such 
     other person.
       ``(iii) Transfer proceeds treated as arising from essential 
     government function.--Any proceeds derived by a person 
     described in subclause (III), (IV), or (V) of subparagraph 
     (A)(ii) from the transfer of any credit under clause (i) 
     shall be treated as arising from the exercise of an essential 
     government function.
       ``(C) Use of credit as an offset.--Notwithstanding any 
     other provision of law, in the case of a person described in 
     subclause (I), (II), or (V) of subparagraph (A)(ii), any 
     credit to which subparagraph (A)(i) applies may be applied by 
     such person, to the extent provided by the Secretary of 
     Agriculture, as a prepayment of any loan, debt, or other 
     obligation the entity has incurred under subchapter I of 
     chapter 31 of title 7 of the Rural Electrification Act of 
     1936 (7 U.S.C. 901 et seq.), as in effect on the date of the 
     enactment of the Energy Tax Incentives Act.
       ``(D) Credit not income.--Any transfer under subparagraph 
     (B) or use under subparagraph (C) of any credit to which 
     subparagraph (A)(i) applies shall not be treated as income 
     for purposes of section 501(c)(12).
       ``(E) Treatment of unrelated persons.--For purposes of 
     subsection (a)(2)(B), sales of electricity among and between 
     persons described in subparagraph (A)(ii) shall be treated as 
     sales between unrelated parties.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to shall apply to electricity produced and sold 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
                                 ______
                                 
  SA 657. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S4977]]

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

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

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

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

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

       ``(B) Transfer of credit.--
       ``(i) In general.--A person described in subparagraph 
     (A)(ii) may transfer any credit to which subparagraph (A)(i) 
     applies through an assignment to any other person not 
     described in subparagraph (A)(ii). Such transfer may be 
     revoked only with the consent of the Secretary.
       ``(ii) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit described 
     in clause (i) is assigned once and not reassigned by such 
     other person.
       ``(iii) Transfer proceeds treated as arising from essential 
     government function.--Any proceeds derived by a person 
     described in subclause (III), (IV), or (V) of subparagraph 
     (A)(ii) from the transfer of any credit under clause (i) 
     shall be treated as arising from the exercise of an essential 
     government function.
       ``(C) Credit not income.--Any transfer under subparagraph 
     (B) or use under subparagraph (C) of any credit to which 
     subparagraph (A)(i) applies shall not be treated as income 
     for purposes of section 501(c)(12).
       ``(D) Treatment of unrelated persons.--For purposes of 
     subsection (a)(2)(B), sales of electricity among and between 
     persons described in subparagraph (A)(ii) shall be treated as 
     sales between unrelated parties.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to shall apply to electricity produced and sold 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
                                 ______
                                 
  SA 658. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1240, line 6, strike ``that'' and all that follows 
     through ``damage'' on page 1240, line 8.
                                 ______
                                 
  SA 659. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for othered purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. DIESEL FUEL TAX EVASION REPORT.

       Not later than 60 days after the date of the enactment of 
     this Act, the Commissioner of Internal Revenue shall report 
     to the Committees on Finance and Environment and Public Works 
     of the Senate and the Committees on Ways and Means and 
     Transportation and Infrastructure of the House of 
     Representatives on the availability of new technologies that 
     can be employed to enhance collections of the excise tax 
     imposed on diesel fuel and the plans of the Internal Revenue 
     Service to employ such technologies.
                                 ______
                                 
  SA 660. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for othered purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. TRANSPORTATION INVESTMENT CREDITS.

       Section 120(j)(1) of title 23, United States Code, is 
     amended--
       (1) by striking ``A State'' and inserting the following:
       ``(A) In general.--A State''; and
       (2) by striking the last sentence and inserting the 
     following:
       ``(B) Special rule for use of federal funds.--
       ``(i) Definition of federal funds.--In this paragraph, the 
     term `Federal funds' does not include a loan of Federal 
     funds, or any other financial assistance required to be 
     repaid to the Federal Government.
       ``(ii) Reduction of credit.--For a project to build, 
     improve, or maintain a highway, bridge, or tunnel used in 
     interstate travel or commerce that receives assistance under 
     this title, if a public, quasi-public, or private agency has 
     built, improved, or maintained such a highway, bridge, or 
     tunnel using Federal funds, a credit of the agency under 
     subparagraph (A) shall be reduced by a percentage equal to 
     the percentage of the total cost of building, improving, or 
     maintaining the facility that was provided with Federal 
     funds.''.
                                 ______
                                 
  SA 661. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 1803 and insert the following:

     SEC. 1803. DESIGN-BUILD CONTRACTING.

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

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

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

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

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

[[Page S4978]]

       (D) shall not preclude State transportation departments and 
     local transportation agencies from allowing the inclusion of 
     alternative technical concepts in base proposals of design-
     build contractors; and
       (E) if a design-build contractor is not authorized to 
     proceed with the final design of a permanent improvement 
     before complying with section 102 of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332), shall not 
     preclude State transportation departments and local 
     transportation agencies from, before complying with section 
     102 of that Act--
       (i) requesting a proposal document;
       (ii) awarding a design-build contract; or
       (iii) issuing a notice to proceed with preliminary design 
     work under a design-build contract.
                                 ______
                                 
  SA 662. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     ``Sec. 307. Contractor suspension and debarment policy

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

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

       Section 328(b) of title 23, United States Code (as amended 
     by section 1513(a)), is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) Number of participating states.--The Secretary may 
     permit not more than 5 States (including the States of Texas 
     and Oklahoma) to participate in the program.
                                 ______
                                 
  SA 664. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2032) is amended by adding 
     at the end the following:
       ``(46) In the State of Texas, the La Entrada al Pacifico 
     Corridor consisting of any portion of a highway in a corridor 
     on 2 miles of either side of the center line of the highway 
     and--
       ``(A) State Route 349 from Lamesa to the point on that 
     highway that is closest to 32 degrees, 7 minutes, north 
     latitude, by 102 degrees, 6 minutes, west longitude;
       ``(B) the segment of any roadway extending from the point 
     described by subparagraph (A) to the point on Farm-to-Market 
     Road 1788 closest to 32 degrees, 0 minutes, north latitude, 
     by 102 degrees, 16 minutes, west longitude;
       ``(C) Farm-to-Market Road 1788 from the point described by 
     subparagraph (B) to its intersection with Interstate Route 
     20;
       ``(D) Interstate Route 20 from its intersection with Farm-
     to-Market Road 1788 to its intersection with United States 
     Route 385;
       ``(E) United States Route 385 from Odessa to Fort Stockton, 
     including those portions that parallel United States Route 67 
     and Interstate Route 10; and
       ``(F) United States Route 67 from Fort Stockton to 
     Presidio, including those portions that parallel Interstate 
     Route 10 and United States Route 90.''.
                                 ______
                                 
  SA 665. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Section 510(a)(4)(A) of title 23, United States Code (as 
     added by section 2101(a)), is amended by striking 
     ``subsection (b)'' and inserting ``subsection (b), including 
     the Southwest Region University Transportation Center''.
                                 ______
                                 
  SA 666. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

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

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

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

[[Page S4979]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S4980]]

       ``(C) if requested by the Secretary or the Board, dismiss 
     the State as a party to the action.
       ``(d) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this section shall--
       ``(1) operate to convey a right to initiate or maintain a 
     class action lawsuit in the enforcement of a Federal law or 
     regulation; or
       ``(2) prevent the attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of such State to conduct investigations or to 
     administer oaths or affirmations or to compel the attendance 
     of witnesses or the production of documentary and other 
     evidence.
                                 ______
                                 
  SA 668. Mr. OBAMA submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) Findings.--The Senate finds that--
       (1) in 2003--
       (A) 17,013 Americans died in alcohol-related traffic 
     crashes;
       (B) 40 percent of the persons killed in traffic crashes 
     died in alcohol-related crashes; and
       (C) drivers with blood alcohol concentration levels over 
     0.15 were involved in 58 percent of alcohol-related traffic 
     fatalities;
       (2) research shows that 77 percent of Americans think they 
     have received enough information about drinking and driving 
     and the way in which alcohol affects individual blood alcohol 
     concentration levels; and
       (3) only 28 percent of the American public can correctly 
     identify the legal limit of blood alcohol concentration of 
     the State in which they reside.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the National Highway Traffic Safety Administration 
     should work with State and local governments and independent 
     organizations to increase public awareness of--
       (1) State legal limits on blood alcohol concentration 
     levels; and
       (2) the dangers of drinking and driving.
                                 ______
                                 
  SA 669. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONSERVE BY BICYCLING PROGRAM.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Conserve by 
     Bicycling Program established by subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Establishment.--There is established within the 
     Department of Transportation a program to be known as the 
     ``Conserve by Bicycling Program''.
       (c) Projects.--
       (1) In general.--In carrying out the program, the Secretary 
     shall establish not more than 10 pilot projects that are--
       (A) dispersed geographically throughout the United States; 
     and
       (B) designed to conserve energy resources by encouraging 
     the use of bicycles in place of motor vehicles.
       (2) Requirements.--A pilot project described in paragraph 
     (1) shall--
       (A) use education and marketing to convert motor vehicle 
     trips to bicycle trips;
       (B) document project results and energy savings (in 
     estimated units of energy conserved);
       (C) facilitate partnerships among interested parties in at 
     least 2 of the fields of--
       (i) transportation;
       (ii) law enforcement;
       (iii) education;
       (iv) public health;
       (v) environment; and
       (vi) energy;
       (D) maximize bicycle facility investments;
       (E) demonstrate methods that may be used in other regions 
     of the United States; and
       (F) facilitate the continuation of ongoing programs that 
     are sustained by local resources.
       (3) Cost sharing.--At least 20 percent of the cost of each 
     pilot project described in paragraph (1) shall be provided 
     from State or local sources.
       (d) Energy and Bicycling Research Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the National Academy of Sciences for, and the 
     National Academy of Sciences shall conduct and submit to 
     Congress a report on, a study on the feasibility of 
     converting motor vehicle trips to bicycle trips.
       (2) Components.--The study shall--
       (A) document the results or progress of the pilot projects 
     under subsection (b);
       (B) determine the type and duration of motor vehicle trips 
     that people in the United States may feasibly make by 
     bicycle, taking into consideration factors such as--
       (i) weather;
       (ii) land use and traffic patterns;
       (iii) the carrying capacity of bicycles; and
       (iv) bicycle infrastructure;
       (C) determine any energy savings that would result from the 
     conversion of motor vehicle trips to bicycle trips;
       (D) include a cost-benefit analysis of bicycle 
     infrastructure investments; and
       (E) include a description of any factors that would 
     encourage more motor vehicle trips to be replaced with 
     bicycle trips.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $6,200,000, to 
     remain available until expended, of which--
       (1) $5,150,000 shall be used to carry out pilot projects 
     described in subsection (c);
       (2) $300,000 shall be used by the Secretary to coordinate, 
     publicize, and disseminate the results of the program; and
       (3) $750,000 shall be used to carry out subsection (d).
                                 ______
                                 
  SA 670. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin, 
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, and Mr. Dayton) 
submitted an amendment intended to be proposed to amendment SA 605 
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

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

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

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

[[Page S4981]]

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

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

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.
                                 ______
                                 
  SA 671. Mr. OBAMA submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. ___. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT.

       (a) Findings.--Congress finds the following:
       (1) Federal-aid highway programs provide State and local 
     governments and other recipients substantial funds for 
     projects that produce significant employment and job-training 
     opportunities.
       (2) Every $1,000,000,000 in Federal infrastructure 
     investment creates an estimated 47,500 jobs.
       (3) Jobs in transportation construction, including 
     apprenticeship positions, typically pay more than twice the 
     minimum wage, and include health and other benefits.
       (4) Transportation projects provide the impetus for job 
     training and employment opportunities for low income 
     individuals residing in the area in which a transportation 
     project is planned.
       (5) Transportation projects can offer young people, 
     particularly those who are economically disadvantaged, the 
     opportunity to gain productive employment.
       (6) The Alameda Corridor, a $2,400,000,000 transportation 
     project, is an example of a transportation project that 
     included a local hiring provision resulting in a full 30 
     percent of the project jobs being filled by locally hired and 
     trained men and women.
       (b) Sense of Congress.--It is the sense of Congress that 
     Federal transportation projects should facilitate and 
     encourage the collaboration between interested persons, 
     including State, Federal, and local governments, community 
     colleges, apprentice programs, local high schools, and other 
     community based organizations that have an interest in 
     improving the job skills of low-income individuals, to help 
     leverage scarce training and community resources and to help 
     ensure local participation in the building of transportation 
     projects.
                                 ______
                                 
  SA 672. Mr. NELSON (for himself, Mr. Martinez, and Mr. Cornyn) 
submitted an amendment intended to be proposed to amendment SA 605 
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 14__. LIVESTOCK TRAILER WEIGHT EXEMPTION.

       Section 127(a) of title 23, United States Code, is amended 
     by adding at the end the following: ``The States of Florida 
     and Texas may issue, on payment of an annual fee of $200 for 
     each livestock trailer, special permits to authorize the 
     operation of vehicles with a gross vehicle weight of not more 
     than 90,000 pounds for the hauling of livestock.''.
                                 ______
                                 
  SA 673. Mr. AKAKA (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 35, strike lines 18 through 21 and insert the 
     following:
       (i) $310,000,000 for fiscal year 2005; and
       (ii) $320,000,000 for each of fiscal years 2006 through 
     2009.
                                 ______
                                 
  SA 674. Mr. SCHUMER (for himself, Mr. Kennedy, Mrs. Clinton, Mr. 
Levin, and Mr. Sarbanes) submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 628, line 23, strike ``$155'' and insert ``$155 
     ($170 for 2007, $185 for 2008 and $200 for 2009 and 
     thereafter)''.
       On page 629, line 5, strike ``2008'' and insert ``2009''.
       On page 629, line 7, strike ``2007'' and insert ``2008''.
                                 ______
                                 
  SA 675. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

     SEC.  . CERTIFICATION OF VEHICLE EMISSION PERFORMANCE 
                   STANDARDS.

       (a) Vehicle Emission Performance Standards.--Section 13902 
     (a)(1) of title 49, United States Code, is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively, and,
       (2) by inserting after subparagraph (A) the following:
       ``(B) the requirement that a motor carrier certifies that, 
     beginning in 2007, the vehicle or vehicles purchased in that 
     year or afterwards and operated by the motor carrier comply 
     with the heavy duty vehicle and engine emissions performance 
     standards and related regulations established by the 
     Administrator of the Environmental Protection Agency pursuant 
     to section 202(a)(3) of the Clean Air Act (42 USC 
     7521(a)(3));''
       (b) Study.--Within 180 days following the date of enactment 
     of this Act, the Secretary of Transportation shall make 
     recommendations to Congress on ways to ensure that trucks 
     built prior to 2007 operating in the United States comply 
     with all emissions performance standards of the Clean Air Act 
     applicable to such engines at the time the engine was 
     manufactured.
                                 ______
                                 
  SA 676. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:



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

  
  On page S4981, May 11, 2005, under ``SA 676'', the following 
sentence appeared: ``Mrs. FEINGOLD submitted an amendment. . . .''
  
  The online version has been corrected to read: ``SA 676. Mr. 
FEINGOLD submitted an amendment. . . .''


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

       At the appropriate place in title V insert the following:

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

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

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

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

[[Page S4982]]

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

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

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

       (a) In General.--Section 6657 (relating to bad checks) is 
     amended--
       (1) by striking ``$750'' and inserting ``$1,250'', and
       (2) by striking ``$15`` and inserting ``$25''.
       (b) Effective Date.--The amendments made by this section 
     apply to checks or money orders received after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 677. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) In General.--Section 703(c) of the American Jobs 
     Creation Act of 2004 is amended by striking ``the date of the 
     enactment of this Act'' and inserting ``December 31, 2002,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of the 
     American Jobs Creation Act of 2004.
                                 ______
                                 
  SA 678. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 18__. ADVANCED TECHNOLOGIES.

       Section 133(b) of title 23, United States Code (as amended 
     by section 1813(b)), is amended by adding at the end the 
     following:
       ``(20) Development of advanced motor vehicle technologies 
     that will increase the fuel efficiency of motor vehicles or 
     reduce individual vehicle emissions, as compared to 
     applicable Federal or State regulations, on the condition 
     that not more than 5 percent of the funds apportioned to the 
     State for a fiscal year are used for that purpose.''.
                                 ______
                                 
  SA 679. Mr. LAUTENBERG submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1613. PUBLIC HEALTH PROTECTION.

       Section 149 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by striking ``air quality standard; or'' 
     and inserting `` air quality standard that would protect 
     public health;'';
       (ii) in clause (ii), by inserting ``that would protect 
     public health'' after ``maintenance area''; and
       (iii) by adding at the end the following:
       ``(ii) the improvement of public health by decreasing air 
     pollutant emissions; or'';
       (B) in paragraph (2), by inserting ``that would protect 
     public health'' after ``air quality benefits'';
       (C) in paragraph (3), by striking ``or through other 
     factors'' and inserting ``advanced vehicle technologies, 
     consumption of cleaner burning fuels, or other means''; and
       (D) in paragraph (5), insert ``or dedicated non-fixed 
     guideways'' after ``high occupancy vehicle lanes'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``If a State does not have'' and inserting 
     the following:
       ``(A) In general.--If a State does not have''; and
       (ii) by adding at the end the following:
       ``(B) Priority.--The State shall give priority to projects 
     that--
       ``(i) promote deployment of advanced technology heavy-duty 
     vehicles and clean fuels; and
       ``(ii) protect public health.''; and
       (B) in paragraph (2)--
       (i) by striking ``If a State has'' and inserting the 
     following:
       ``(A) In general.--If a State has''; and
       (ii) by adding at the end the following:
       ``(B) Priority.--The State shall give priority to projects 
     that--
       ``(i) promote deployment of advanced technology heavy-duty 
     vehicles and clean fuels; and
       ``(ii) protect public health.''; and
       (3) in subsection (e)(4)(B), by inserting ``or advanced 
     technology heavy-duty'' after ``alternative fueled''.
                                 ______
                                 
  SA 680. Mr. KERRY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 91, between lines 16 and 17, insert the following:
       (c) Ferry Discretionary Grant Program.--For purposes of 
     section 129(c) of title 23, United States Code, a private 
     owner and operator that has entered into a license-fee 
     arrangement with a public transportation authority to provide 
     essential year-round public transportation services to the 
     islands off of Cape Cod, Massachusetts shall be considered 
     publicly operated and shall not be subject to paragraph (4) 
     of such subsection.
                                 ______
                                 
  SA 681. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

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

[[Page S4983]]

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

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

       (vi) not include any activities prohibited by paragraph 
     (4).
       (4) State limitations.--Emission reduction strategies may 
     not--
       (A) authorize or recommend the use of bans on equipment or 
     vehicle use during specified periods of a day;
       (B) authorize or recommend the use of contract procedures 
     that would require retrofit activities, unless funds are made 
     available by the State under this section or other State 
     authority to offset the cost of those activities; or
       (C) authorize the use of contract procedures that would 
     discriminate between bidders on the basis of the bidder's 
     existing equipment or existing vehicle emission technology.
       (5) Emission reduction strategy guidance.--The 
     Administrator, in consultation with the Secretary, shall 
     publish a nonbinding list of emission reduction strategies 
     and supporting technical information for--
       (A) diesel emission reduction technologies certified or 
     verified by the Administrator, the California Air Resources 
     Board, or any other entity recognized by the Administrator 
     for the same purpose;
       (B) diesel emission reduction technologies identified by 
     the Administrator as having an application and approvable 
     test plan for verification by the Administrator or the 
     California Air Resources board that is submitted not later 
     that 18 months of the date of enactment of this Act;
       (C) available information regarding the emission reduction 
     effectiveness and cost effectiveness of technologies 
     identified in this paragraph, taking into consideration 
     health effects;
       (D) options and recommendations for the structure and 
     content of emission reduction strategies including--
       (i) emission reduction performance criteria;
       (ii) financial incentives that use CMAQ resources and State 
     resources;
       (iii) procedures to facilitate access by contractors to 
     financial incentives;
       (iv) contract incentives, allowances, and procedures;
       (v) methods of voluntary emission reductions; and
       (vi) other means that may be employed to reduce emissions 
     from construction activities; and
       (6) Use of cmaq funds.--A State may use funds made 
     available under this title and title 23, United States Code, 
     for the congestion mitigation and air quality program under 
     section 149 of title 23, United States Code, to ensure the 
     deployment of the projects or programs described in section 
     149(b)(8) of title 23, United States Code.
       (7) Limitation.--States shall give priority in distributing 
     funds received for congestion mitigation and air quality 
     projects and programs to finance diesel retrofit and cost-
     effective emission reduction activities identified by the 
     States in emission reduction strategies developed under this 
     subsection.
       (8) No effect on authority or restrictions.--Nothing in 
     this subsection modifies any authority or restriction 
     established under the clean Air Act (42 U.S.c. 7401 et seq.).
                                 ______
                                 
  SA 682. Mr. INOUYE submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1266, beginning with line 13, strike through line 5 
     on page 1267 and insert the following:
       ``(c) Costs-Benefits Requirement.--
       ``(1) In general.--A grant may be awarded under this 
     section for a project for the relocation of a rail line only 
     if the benefits of the project for the period equal to the 
     estimated economic life of the re-located rail line exceed 
     the costs of the project for that period, as determined by 
     the Secretary considering the following factors:
       ``(A) The effects of the rail line and the rail traffic on 
     motor vehicle and pedestrian traffic, safety, community 
     quality of life, and area commerce if the rail line were not 
     so relocated.
       ``(B) The effects of the rail line, relocated as proposed, 
     on motor vehicle and pedestrian traffic, safety, community 
     quality of life, and area commerce.
       ``(C) The effects of the rail line, relocated as proposed, 
     on the freight and passenger rail operations on the rail 
     line.
       ``(2) Other projects.--The requirements of paragraph (1) do 
     not apply to grants awarded for community quality of life 
     improvements under subsection (b) (1) (A) of this section.
                                 ______
                                 
  SA 683. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       On page 38, line 13, strike ``$28,158,868'' and insert 
     ``$70,000,000''.
                                 ______
                                 
  SA 685. Mrs. STEVENS submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 50, strike lines 16 through 18, and insert the 
     following:
       (c) Alaska Highway.--Section 104(b)(1)(A) of title 23, 
     United States Code, is amended by striking ``$18,800,000 for 
     each of fiscal years 1998 through 2002'' and inserting 
     ``$30,000,000 for each of fiscal years 2005 through 2009''.
                                 ______
                                 
  SA 686. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 1606(a)(1)(B) and insert the following:
       (B) Seriously degraded.--The term ``seriously degraded'', 
     with respect to high occupancy vehicle lanes, means that an 
     high occupancy vehicle facility fails to maintain a minimum 
     average operating speed of no less than 5 miles per hour 
     below the speed limit, 90 percent of the time, over a 
     consecutive 3-month period during the weekday peak travel 
     periods.
                                 ______
                                 
  SA 687. Mrs. HUTCHISON submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S4984]]

       On page 56, line 19, strike ``92'' and insert ``93.06''.
       Beginning on page 56, strike line 20 and all that follows 
     through page 57, line 16.
       On page 57, line 17, strike ``(e)'' and insert ``(d)''.
       On page 58, line 7, strike ``(f)'' and insert ``(e)''.
       On page 58, line 11, strike ``(g)'' and insert ``(f)''.
                                 ______
                                 
  SA 688. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 162, line 18, strike ``and''.
       On page 162, line 22, strike the period and insert ``; 
     and''.
       On page 162, after line 22, insert the following:
       (5) by adding at the end the following:
       ``(l) Notification of pending discretionary grants.--Not 
     less than 3 full business days before announcement of award 
     by the Secretary of any discretionary grant, letter of 
     intent, of full funding grant agreement totaling $1,000,000 
     or more, the Secretary shall notify the Committees on 
     Banking, Housing, and Urban Affairs and Appropriations of the 
     Senate and Committees on Transportation and Infrastructure 
     and Appropriation of the House of Representatives.''.
                                 ______
                                 
  SA 689. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 352, strike lines 5 through 9 and insert the 
     following:
     ation Area; and
       (ii) $46,931,446 to the State of Missouri for construction 
     of a structure over the Mississippi River to connect the city 
     of St. Louis, Missouri, to the State of Illinois; and
       (iii) $46,931,446 to the State of New York for planning, 
     design, and construction of the Peace Bridge connecting 
     Buffalo, New York with Canada.
                                 ______
                                 
  SA 690. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 345 of the National Highway System Designation Act 
     of 1995 (49 U.S.C. 31136 note; 109 Stat. 613) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(6) Operators of helicopter support vehicles engaged in 
     active fire suppression activities.--
       ``(A) Inapplicability of federal regulations.--Regulations 
     described in paragraph (1) shall not apply to a driver of a 
     vehicle engaged in the support of a helicopter engaged in 
     active fire suppression activities.
       ``(B) Prohibition on state regulations.--A State, a 
     political subdivision of a State, an interstate agency, or an 
     entity consisting of 2 or more States shall not enact or 
     enforce any law, rule, regulation, or standard that imposes a 
     requirement that is similar to a requirement contained in the 
     regulations described in paragraph (1) on a driver of a 
     vehicle engaged in the support of a helicopter engaged in 
     active fire suppression activities.'';
       (2) in subsection (b), by striking ``Nothing'' and 
     inserting ``Except as provided in subsection (a)(6), 
     nothing''; and
       (3) in the first sentence of subsection (c), by striking 
     ``paragraph (2)'' and inserting ``an exemption under 
     paragraph (2) or (6) of subsection (a)''.
                                 ______
                                 
  SA 691. Mr. WYDEN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       If a State provides clear and convincing evidence, based on 
     objective safety data, that not-for-hire farm trucks used 
     exclusively for transporting agricultural products to markets 
     within 150 miles of the farms from which such products 
     originated do not pose a significant safety risk, the 
     Secretary of Transportation may waive, for purposes of such 
     vehicles, any provision of--
       (1) part B of subtitle IV of title 49, United States Code;
       (2) part B of subtitle VI of title 49, United States Code; 
     or
       (3) chapter III of title 49, Code of Federal Regulations.
                                 ______
                                 
  SA 692. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 325, strike line 9 and all that follows 
     through page 326, line 16 and insert the following:
       (3) in subsection (d)--
       On page 335, line 3, strike ``(5)'' and insert ``(4)''.
                                 ______
                                 
  SA 693. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

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

       (a) Delay in the Transfer.--
       (1) In general.--Section 931(b)(1) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (Public Law 108-173; 117 Stat. 2398) is amended by striking 
     ``Not earlier than July 1, 2005, and not later than October 
     1, 2005'' and inserting ``Not earlier than July 1, 2006, and 
     not later than October 1, 2006''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the enactment of section 
     931(b) of the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003 (Public Law 108-173; 117 Stat. 
     2398).
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Commissioner of Social Security and the Secretary of 
     Health and Human Services, in implementing the transition 
     plan for the transfer of responsibility for medicare appeals 
     pursuant to section 931(b) of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (Public Law 108-
     173; 117 Stat. 2398), should ensure that--
       (1) if a medicare beneficiary requests a hearing before an 
     administrative law judge, such hearing shall be in-person 
     unless such individual requests that the hearing be conducted 
     using tele- or video conference technologies and the time 
     frame for such a judge to decide an appeal is not different 
     for hearings conducted in-person and hearings using tele- or 
     video conference technologies;
       (2) in providing for the geographic distribution of 
     administrative law judges, there are a sufficient number of 
     hearing sites to ensure adequate access to such judges by 
     medicare beneficiaries and medicare providers; and
       (3) in order to provide for the independence of 
     administrative law judges from the Centers for Medicare & 
     Medicaid Services and its contractors, such judges are bound 
     only by applicable statutes, regulations, and rulings issued 
     in accordance with subchapter II of chapter 5, and chapter 7, 
     of title 5, United States Code (commonly known as the 
     ``Administrative Procedures Act'') and are not required to 
     give substantial deference to local coverage determinations, 
     local medical review policies, or Centers for Medicare & 
     Medicaid Services program guidance.
                                 ______
                                 
  SA 694. Mr. SALAZAR submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 353, strike lines 6 and 7 and insert the following:
       Secretary determines that the State has inadequate needs to 
     justify the expenditure.
       ``(C) Pilot program.--Not less than 20 percent of the 
     amount apportioned to the States of Colorado, _________, and 
     _________, for each of fiscal years 2005 through 2009 shall 
     be expended for off-system bridge pilot projects.'';
                                 ______
                                 
  SA 695. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment add the following:

     SEC.__. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

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

[[Page S4985]]

       (1) Study.--The Secretary of Transportation shall conduct a 
     study on tax-free transit benefits and ways to promote 
     improved access to and increased usage of such benefits, at 
     Federal agencies in the National Capital Region, including 
     agencies not currently offering the benefit.
       (2) Content.--The study under this subsection shall 
     include--
       (A) an examination of how agencies offering the benefit 
     make its availability known to their employees and the 
     methods agencies use to deliver the benefit to employees, 
     including examples of best practices; and
       (B) an analysis of the impact of Federal employees' use of 
     transit on traffic congestion and pollution in the National 
     Capital Region.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the results of the study under this subsection.
       (b) Authority to Use Government Vehicles To Transport 
     Federal Employees Between Their Place of Employment and Mass 
     Transit Facilities.--
       (1) In general.--Section 1344 of title 31, United States 
     Code, is amended--
       (A) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (B) by inserting after subsection (f) the following:
       ``(g)(1) A passenger carrier may be used to transport an 
     officer or employee of a Federal agency between the officer's 
     or employee's place of employment and a mass transit facility 
     (whether or not publicly owned) in accordance with succeeding 
     provisions of this subsection.
       ``(2) Notwithstanding section 1343, a Federal agency that 
     provides transportation services under this subsection 
     (including by passenger carrier) shall absorb the costs of 
     such services using any funds available to such agency, 
     whether by appropriation or otherwise.
       ``(3) In carrying out this subsection, a Federal agency 
     shall--
       ``(A) to the maximum extent practicable, use alternative 
     fuel vehicles to provide transportation services;
       ``(B) to the extent consistent with the purposes of this 
     subsection, provide transportation services in a manner that 
     does not result in additional gross income for Federal income 
     tax purposes; and
       ``(C) coordinate with other Federal agencies to share, and 
     otherwise avoid duplication of, transportation services 
     provided under this subsection.
       ``(4) For purposes of any determination under chapter 81 of 
     title 5, an individual shall not be considered to be in the 
     `performance of duty' by virtue of the fact that such 
     individual is receiving transportation services under this 
     subsection.
       ``(5)(A) The Administrator of General Services, after 
     consultation with the National Capital Planning Commission 
     and other appropriate agencies, shall prescribe any 
     regulations necessary to carry out this subsection.
       ``(B) Transportation services under this subsection shall 
     be subject neither to the last sentence of subsection (d)(3) 
     nor to any regulations under the last sentence of subsection 
     (e)(1).
       ``(6) In this subsection, the term `passenger carrier' 
     means a passenger motor vehicle, aircraft, boat, ship, or 
     other similar means of transportation that is owned or leased 
     by the United States Government or the government of the 
     District of Columbia.''.
       (2) Funds for maintenance, repair, etc.--Subsection (a) of 
     section 1344 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(3) For purposes of paragraph (1), the transportation of 
     an individual between such individual's place of employment 
     and a mass transit facility pursuant to subsection (g) is 
     transportation for an official purpose.''.
       (3) Coordination.--The authority to provide transportation 
     services under section 1344(g) of title 31, United States 
     Code (as amended by paragraph (1)) shall be in addition to 
     any authority otherwise available to the agency involved.
                                 ______
                                 
  SA 697. Mr. MARTINEZ submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 846, after line 6, insert the following:
       (m) Miami Metrorail.--The Secretary may credit funds 
     provided by the Florida Department of Transportation for the 
     extension of the Miami Metrorail System from Earlington 
     Heights to the Miami Intermodal Center to satisfy the 
     matching requirements of section 5309(h)(4) of title 49, 
     United Stated Code, for the Miami North Corridor and Miami 
     East-West Corridor projects.
                                 ______
                                 
  SA 698. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. ADVANCED TECHNOLOGY PROGRAM.

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

     SEC. __. APPLIED RESEARCH FOR FOSSIL FUELS.

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

     SEC. __. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

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

     SEC. __. UNITED STATES TRAVEL AND TOURISM PROGRAM.

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

     SEC. __. INTER-AMERICAN FOUNDATION.

       (a) Repeal.--Section 401 of the Foreign Assistance Act of 
     1969 (22 U.S.C. 290f) is repealed.
       (b) Prohibition on Expenditure of Funds.--No funds may be 
     expended for the Inter-American Foundation on or after the 
     date enactment of this Act.
                                 ______
                                 
  SA 699. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 16__. INTER-AMERICAN FOUNDATION.

       (a) Repeal.--Section 401 of the Foreign Assistance Act of 
     1969 (22 U.S.C. 290f) is repealed.
       (b) Prohibition on Expenditure of Funds.--No funds may be 
     expended for the Inter-American Foundation on or after the 
     date enactment of this Act.
                                 ______
                                 
  SA 700. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. __. APPLIED RESEARCH FOR FOSSIL FUELS.

       Notwithstanding any other provision of law, the Secretary 
     of Energy shall not carry out any program that conducts, or 
     provides assistance for, applied research for fossil fuels.
                                 ______
                                 
  SA 701. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADVANCED TECHNOLOGY PROGRAM.

       (a) Repeal.--Section 28 of the Act of March 3, 1901 (15 
     U.S.C. 278n) is repealed.
       (b) Limitation on Use of Federal Funds.--Notwithstanding 
     any other provision of law, no Federal funds may be expended 
     to carry out the Advanced Technology Program after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 702. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 210 of the Consolidated Appropriations Resolution, 
     2003 (Public Law 108-7; 117 Stat. 78) is repealed and no 
     funds may be expended for the United States Travel and 
     Tourism Promotion Program on or after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 703. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which

[[Page S4986]]

was ordered to lie on the table; as follows:

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

     SEC. 16__. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

       The Neotropical Migratory Bird Conservation Act (16 U.S.C. 
     6101 et seq.) is repealed.
                                 ______
                                 
  SA 704. Mr. VOINOVICH submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 566, strike lines 2 through 9 and insert the 
     following:
       ``(C) blast furnace slag aggregate;
       ``(D) silica fume;
       ``(E) foundry sand; and
       ``(F) any other waste material or byproduct recovered or 
     diverted from solid waste that the Administrator, in 
     consultation with an agency head, determines should be 
     treated as recovered mineral component under this section for 
     use in cement or concrete projects paid for, in whole or in 
     part, by the agency head.
                                 ______
                                 
  SA 705. Ms. SNOWE (herself and Ms. Collins) submitted an amendment 
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to 
the bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 38, after line 24, add the following:
       (b) Availability of Funds.--Notwithstanding any other 
     provision of law, amounts authorized to be appropriated under 
     section 1101(5) that are made available to the State of Maine 
     may be used to support, through September 30, 2009, the 
     operation of passenger rail service between Boston, 
     Massachusetts, and Portland, Maine.
                                 ______
                                 
  SA 706. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 18__. VEHICLE WEIGHT LIMITATIONS IN MAINE.

       Section 127(a) of title 23, United States Code, is amended 
     in the last sentence by striking ``respect to that portion'' 
     and all that follows through ``New Hampshire State line,'' 
     and inserting ``respect to Interstate Routes 95, 195, 295, 
     and 395 in the State of Maine,''.
                                 ______
                                 
  SA 707. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

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

[[Page S4987]]

     or (e)(3)) sold or used after December 31, 2010.'', and
       (vi) by striking ``or Biodiesel Used To Produce Alcohol 
     Fuel and Biodiesel Mixtures'' in the heading and inserting 
     ``, Biodiesel, or Alternative Fuel''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     December 31, 2005.
                                 ______
                                 
  SA 708. Mr. SANTORUM submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       (a) Definitions.--In this section:
       (1) Eligible funds.--
       (A) In general.--The term ``eligible funds'' means excess 
     funds or inactive funds for a specific transportation project 
     or activity that were--
       (i) allocated before fiscal year 1998; and
       (ii) designated in a public law, or a report accompanying a 
     public law, for allocation for the specific surface 
     transportation project or activity.
       (B) Inclusion.--The term ``eligible funds'' includes funds 
     described in subparagraph (A) that were allocated and 
     designated for a demonstration project.
       (2) Excess funds.--The term ``excess funds'' means--
       (A) funds obligated for a specific transportation project 
     or activity that remain available for the project or activity 
     after the project or activity has been completed or canceled; 
     or
       (B) an unobligated balance of funds allocated for a 
     transportation project or activity that the State in which 
     the project or activity was to be carried out certifies are 
     no longer needed for the project or activity.
       (3) Inactive funds.--The term ``inactive funds'' means--
       (A) an obligated balance of Federal funds for a 
     transportation project or activity against which no 
     expenditures have been charged during any 1-year period 
     beginning after the date of obligation of the funds; and
       (B) funds that are available to carry out a transportation 
     project or activity in a State, but, as certified by the 
     State, are unlikely to be advanced for the project or 
     activity during the 1-year period beginning on the date of 
     certification.
       (b) Availability for STP Purposes.--Eligible funds shall 
     be--
       (1) made available in accordance with this section to the 
     State that originally received the funds; and
       (2) available for obligation for any eligible purpose under 
     section 133 of title 23, United States Code.
       (c) Retention for Original Purpose.--
       (1) In general.--The Secretary may determine that funds 
     identified as inactive funds shall remain available for the 
     purpose for which the funds were initially made available if 
     the applicable State certifies that the funds are necessary 
     for that initial purpose.
       (2) Report.--A certification provided by a State under 
     paragraph (1) shall include a report on the status of, and an 
     estimated completion date for, the project that is the 
     subject of the certification.
       (d) Authority to Obligate.--Notwithstanding the original 
     source or period of availability of eligible funds, the 
     Secretary may, on the request by a State--
       (1) obligate the funds for any eligible purpose under 
     section 133 of title 23, United States Code; or
       (2)(A) deobligate the funds; and
       (B) reobligate the funds for any eligible purpose under 
     that section.
       (e) Applicability.--
       (1) In general.--Subject to paragraph (2), this section 
     applies to all eligible funds.
       (2) Discretionary allocations; section 125 projects.--This 
     section does not apply to funds that are--
       (A) allocated at the discretion of the Secretary and for 
     which the Secretary has the authority to withdraw the 
     allocation for use on other projects; or
       (B) made available to carry out projects under section 125 
     of title 23, United States Code.
       (f) Period of Availability; Title  23 Requirements.--
       (1) In general.--Notwithstanding the original source or 
     period of availability of eligible funds obligated, or 
     deobligated and reobligated, under subsection (d), the 
     eligible funds--
       (A) shall remain available for obligation for a period of 3 
     fiscal years after the fiscal year in which this Act is 
     enacted; and
       (B) except as provided in paragraph (2), shall be subject 
     to the requirements of title 23, United States Code, that 
     apply to section 133 of that title, including provisions 
     relating to cost-sharing.
       (2) Exception.--With respect to eligible funds described in 
     paragraph (1)--
       (A) section 133(d) of title 23, United States Code, shall 
     not apply; and
       (B) the period of availability of the eligible funds shall 
     be determined in accordance with this section.
       (g) Sense of Congress Regarding Use of Eligible Funds.--It 
     is the sense of Congress that eligible funds made available 
     under this Act or title 23, United States Code, should be 
     available for obligation for transportation projects and 
     activities in the same geographic region for which the 
     eligible funds were initially made available.
                                 ______
                                 
  SA 709. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2031; 112 Stat. 191; 115 
     Stat. 871) is amended by adding at the end the following:
       ``(46) The East-West Corridor, from Watertown, New York, 
     continuing northeast through the States of New York, Vermont, 
     New Hampshire, and Maine, and terminating in Calais, 
     Maine.''.
                                 ______
                                 
  SA 710. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       The last sentence of section 127(a) of title 23, United 
     States, is amended by striking ``and 495''.
                                 ______
                                 
  SA 711. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:

           Subtitle G--United States Tax Court Modernization

     SEC. 5700. SHORT TITLE.

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

                      PART I--TAX COURT PROCEDURE

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

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

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

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

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

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

[[Page S4988]]

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

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

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

     SEC. 5705. AMENDMENTS TO APPOINT EMPLOYEES.

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

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

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

              PART II--TAX COURT PENSION AND COMPENSATION

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

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

[[Page S4989]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S4990]]

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

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

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

     SEC. 5720. RETIREMENT AND ANNUITY PROGRAM.

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

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

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

[[Page S4991]]

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

[[Page S4992]]

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

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

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

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

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

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

[[Page S4993]]

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

     SEC. 5722. PROVISIONS FOR RECALL.

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

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

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

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

     SEC. 5723. EFFECTIVE DATE.

       Except as otherwise provided, the amendments made by this 
     part shall take effect on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 696. Mr. SARBANES submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

       Section 2 of the Buy American Act (41 U.S.C. 10a) is 
     amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
        ``(a) In General.--Notwithstanding''; and
       (2) by adding at the end the following:
       ``(c) Reports.--
       ``(1) In general.--Not later than 180 days after the end of 
     each fiscal year, the head of each Federal agency shall 
     submit to Congress a report on the acquisitions that were 
     made of articles, materials, or supplies by the agency in 
     that fiscal year from entities that manufacture the articles, 
     materials, or supplies outside the United States.
       ``(2) Content of report.--The report for a fiscal year 
     under paragraph (1) shall separately indicate the following 
     information:
       ``(A) The dollar value of any articles, materials, or 
     supplies that were manufactured outside the United States.
       ``(B) An itemized list of all waivers granted with respect 
     to such articles, materials, or supplies under this Act.
       ``(C) A summary of--
       ``(i) the total procurement funds expended on articles, 
     materials, and supplies manufactured inside the United 
     States; and
       ``(ii) the total procurement funds expended on articles, 
     materials, and supplies manufactured outside the United 
     States.
       ``(3) Public availability.--The head of each Federal agency 
     submitting a report under paragraph (1) shall make the report 
     publicly available by posting on an Internet website.''.
                                 ______
                                 
  SA 712. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, 
to authorize funds for Federal-aid highways, highway safety programs, 
and transit programs, and for other purposes; which was ordered to lie 
on the table; as follows:

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

                     CHAPTER 1--GENERAL PROVISIONS

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

                       CHAPTER 2--FUELS SECURITY

     SEC. 1641. SHORT TITLE.

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

                    Subchapter A--General Provisions

     SEC. 1651. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.

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

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

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

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

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

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

[[Page S4994]]

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

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

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

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

                 ``Applicable volume of renewable fuel

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

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

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

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

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

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

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

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

[[Page S4995]]

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

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

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

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

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

     SEC. 1653. DATA COLLECTION.

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

                Subchapter B--Federal Reformulated Fuels

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

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

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

       (ii) in subparagraph (C)--

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

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

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

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

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

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

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

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

[[Page S4996]]

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

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

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

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

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

     SEC. 1663. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.

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

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

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

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

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

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

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

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

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

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

     SEC. 1665. FEDERAL ENFORCEMENT OF STATE FUELS REQUIREMENTS.

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

     SEC. 1666. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

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

[[Page S4997]]

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

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

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

     SEC. 1668. REPORT ON RENEWABLE MOTOR FUEL.

       Not later than January 1, 2007, the Secretary of Energy and 
     the Secretary of Agriculture shall jointly prepare and submit 
     to Congress a report containing recommendations for 
     achieving, by January 1, 2025, at least 25 percent renewable 
     fuel content (calculated on an average annual basis) for all 
     gasoline sold or introduced into commerce in the United 
     States.
                                 ______
                                 
  SA 713. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 269, strike lines 1 through 9 and insert the 
     following:
       (2) in paragraph (2)--
       (A) by striking ``If a State'' and inserting the following:
       ``(A) In general.--If a State'';
       (B) by striking ``for any project in the State eligible 
     under section 133.'' and inserting the following: ``for any 
     project in the State that--
       ``(i) would otherwise be eligible under this section as if 
     the project were carried out in a nonattainment or 
     maintenance area; or
       ``(ii) is eligible under the surface transportation program 
     under section 133.''; and
       (C) by adding at the end the following:
       ``(B) Operating assistance for public transit providers and 
     transportation management associations.--In addition to other 
     eligible uses, a State may use funds apportioned under 
     section 104(b)(2)(D) to provide operating assistance for 
     public transit providers or transportation management 
     associations that serve a nonattainment or maintenance area, 
     if a plan is in place for the project that annually reduces 
     the amount of operating assistance required.''.
                                 ______
                                 
  SA 714. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 76__. FEDERAL SCHOOL BUS DRIVER QUALIFICATIONS.

       The effective date of section 383.123 of volume 49, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), shall be September 30, 2006.
                                 ______
                                 
  SA 715. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. 14__. SAFETY BELT USE RATES.

       (a) Definitions.--In this section:
       (1) Primary safety belt law.--The term ``primary safety 
     belt law'' means a law that authorizes a law enforcement 
     officer to issue a citation for the failure of the driver of, 
     or any passenger in, a motor vehicle to wear a safety belt as 
     required by State law.
       (2) Safety belt use rate.--The term ``safety belt use 
     rate'' means, as determined by the State for the most recent 
     fiscal year or calendar year for which statistics are made 
     available through any method, including observational surveys 
     conducted by the State agency that has jurisdiction over 
     highway safety, the ratio that--
       (A) the number of drivers and front seat passengers of 
     motor vehicles in the State that use safety belts; bears to
       (B) the number of all drivers and front seat passengers of 
     motor vehicles registered in the State.
       (b) Withholding of Funds.--
       (1) In general.--The Secretary shall withhold a percentage, 
     as described in paragraph (2), of the funds apportioned to a 
     State under paragraphs (1), (3), and (4) of section 104(b) or 
     section 144 of title 23, United States Code, if, by October 1 
     of a given year, the State does not--
       (A) have in effect a primary safety belt law; or
       (B) demonstrate to the Secretary that the safety belt use 
     rate in the State is at least 60 percent.
       (2) Percentages.--The percentage referred to in paragraph 
     (1) shall be--
       (A) for fiscal year 2007, 2 percent; and
       (B) for fiscal year 2008 and each fiscal year thereafter, 4 
     percent.
       (c) Restoration.--If, by the date that is 3 years after the 
     date on which funds are withheld from a State under 
     subsection (b), the State has in effect a primary safety belt 
     law or has demonstrated that the safety belt use rate in the 
     State is at least 60 percent, the apportionment to the State 
     under paragraphs (1), (3), and (4) of section 104(b) or 
     section 144 of title 23, United States Code, shall be 
     increased by the amount withheld under subsection (b).
       (d) Failure to Act.--If, by the date that is 3 years after 
     the date on which funds are withheld from a State under 
     subsection (b), the State does not have in effect a primary 
     safety belt law or has not demonstrated that the safety belt 
     use rate in the State is at least 60 percent, the State shall 
     forfeit the amount withheld under subsection (b).
                                 ______
                                 
  SA 716. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 14__. SAFETY BELT USE RATES.

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

[[Page S4998]]

     section 144 of title 23, United States Code, if, by October 1 
     of a given year, the State does not--
       (A) have in effect a primary safety belt law; or
       (B) demonstrate to the Secretary that the safety belt use 
     rate in the State is at least 60 percent.
       (2) Percentages.--The percentage referred to in paragraph 
     (1) shall be--
       (A) for fiscal year 2007, 2 percent; and
       (B) for fiscal year 2008 and each fiscal year thereafter, 4 
     percent.
       (c) Restoration.--If, by the date that is 3 years after the 
     date on which funds are withheld from a State under 
     subsection (b), the State has in effect a primary safety belt 
     law or has demonstrated that the safety belt use rate in the 
     State is at least 60 percent, the apportionment to the State 
     under paragraphs (1), (3), and (4) of section 104(b) or 
     section 144 of title 23, United States Code, shall be 
     increased by the amount withheld under subsection (b).
       (d) Failure to Act.--If, by the date that is 3 years after 
     the date on which funds are withheld from a State under 
     subsection (b), the State does not have in effect a primary 
     safety belt law or has not demonstrated that the safety belt 
     use rate in the State is at least 60 percent, the State shall 
     forfeit the amount withheld under subsection (b).
                                 ______
                                 
  SA 717. Mr. CLINTON submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 52, line 10, insert ``and'' at the end.
       On page 52, line 12, strike ``; and'' and insert a period.
       On page 52, strike lines 13 through 15.
                                 ______
                                 
  SA 718. Mr. STEVENS submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

       On page 944, after line 21 insert the following:

     SEC. __. FUNDING FOR FERRY BOATS.

       Section 5309(i)(5) of title 49, United States Code, as 
     amended by section 6011(j) of this Act, is amended to read as 
     follows:
       ``(5) Funding for ferry boats.--Of the amounts described in 
     paragraphs (1)(A) and (2)(A)--
       ``(A) $10,400,000 shall be available in fiscal year 2005 
     for capital projects in Alaska and Hawaii for new fixed 
     guideway systems and extension projects utilizing ferry 
     boats, ferry boat terminals, or approaches to ferry boat 
     terminals;
       ``(B) $15,000,000 shall be available in each of fiscal 
     years 2006 through 2009 for capital projects in Alaska and 
     Hawaii for new fixed guideway systems and extension projects 
     utilizing ferry boats, ferry boat terminals, or approaches to 
     ferry boat terminals; and
       ``(C) $5,000,000 shall be available in each of fiscal years 
     2006 through 2009 for payments to the Denali Commission under 
     the terms of section 307(e) of the Denali Commission Act of 
     1998, as amended (42 U.S.C. 3121 note), for docks, waterfront 
     development projects, and related transportation 
     infrastructure.''.
                                 ______
                                 
  SA 719. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

       Section 105 of title 23, United States Code (as amended by 
     section 1104(a)), is amended by redesignating subsection (g) 
     as subsection (h) and inserting after subsection (f) the 
     following:
       ``(g) Further Adjustment.--The Secretary shall reduce any 
     funds allocated to a State under this subsection by an amount 
     equal to the amount of any discretionary allocation made to 
     the State under an annual appropriations Act (including 
     explanatory material) from a program funded by the Highway 
     Trust Fund (other than the Mass Transit account), or any 
     other direct appropriation from the Highway Trust Fund (other 
     than the Mass Transit account) received by the State or an 
     entity located in the State, during the preceding fiscal 
     year.
                                 ______
                                 
  SA 720. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

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

       (a) Findings.--Congress finds that--
       (1) the House of Representatives adopted a rule in 1914 
     stating that it shall not be in order for any bill providing 
     general legislation with respect to roads to contain any 
     provision for any specific road;
       (2) diverting funds to low-priority earmarks diminishes the 
     ability of States and local communities to establish 
     priorities and address mobility problems;
       (3) the Government Accountability Office has reported that 
     demonstration projects reviewed were not considered by State 
     and regional transportation officials as critical to their 
     transportation needs, and more than half of the projects 
     reviewed were not included in State and local transportation 
     plans;
       (4) some earmarks have nothing to do with transportation 
     and may worsen congestion by diverting scarce resources from 
     higher priorities;
       (5) the Surface Transportation Assistance Act of 1982 (96 
     Stat. 2097) contained 10 earmarks at a cost of $385,925,000;
       (6) the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (101 Stat. 132) contained 157 projects 
     at a cost of $1,416,000,000;
       (7) the Intermodal Surface Transportation Efficiency Act of 
     1991 (105 Stat. 1914) contained 538 projects at a cost of 
     $6,082,873,000;
       (8) the Transportation Equity Act for the 21st Century (112 
     Stat. 107) contained 1,851 projects at a cost of 
     $9,359,850,000;
       (9) annual transportation appropriations Acts demonstrate 
     the same trend in increasing earmarking of projects;
       (10) the funding earmarked for many projects does not cover 
     the full cost of the project and requires State and local 
     communities to cover the unfunded costs; and
       (11) funding of earmarked projects can have a dramatic 
     effect on the rate of return that a State receives on its 
     contributions to the Highway Trust Fund.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Safe, Accountable, Flexible, and Efficient 
     Transportation Equity Act of 2005 should not include project 
     earmarks;
       (2) if earmarked projects are included, the projects should 
     be included within the funding that a State would otherwise 
     receive so as not to penalize other States; and
       (3) any earmarked projects should be included in the 
     funding equity provisions of the next surface transportation 
     Act so that the projects do not adversely affect the rate of 
     return that a State receives from its contributions to the 
     Highway Trust Fund.
                                 ______
                                 
  SA 721. Mr. LOTT submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

       On page 1091, line 17, strike ``$1,000,000,000'' and insert 
     ``$1,000,000''.
                                 ______
                                 
  SA 722. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

       On page 630, line 8, insert ``and shall immediately propose 
     appropriate exemptions for classes of vehicles whose 
     nonpropulsive fuel use exceeds 50 percent,'' after 
     ``taxes,''.
       On page 631, line 7, insert ``, except that the Secretary 
     shall report and take action under subsection (a)(1) not 
     later than July 1, 2006'' before the period at the end.
                                 ______
                                 
  SA 723. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 276, line 9, insert `` (including intercity 
     passenger rail when used for the purpose of a daily 
     commute)'' after ``transit ridership''.
                                 ______
                                 
  SA 724. Mrs. HUTCHISON submitted an amendment intended to be proposed 
to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

[[Page S4999]]

     into the Highway Trust Fund (other than the Mass Transit 
     Account) for the fiscal year; or
       ``(B) for a State with a total population density of less 
     than 30 persons per square mile, as reported in the decennial 
     census conducted by the Federal Government in 2000, the 
     greater of--
       ``(i) the percentage under paragraph (1); or
       ``(ii) the average percentage of the State's share of total 
     apportionments for the period of fiscal years 1998 through 
     2003 for the programs specified in paragraph (2).
       ``(2) Specific programs.--The programs referred to in 
     paragraph (1)(B)(ii) are (as in effect on the day before the 
     date of enactment of the Safe, Accountable, Flexible, and 
     Efficient Transportation Equity Act of 2005)--
       ``(A) the Interstate maintenance program under section 119;
       ``(B) the national highway system program under section 
     103;
       ``(C) the bridge program under section 144;
       ``(D) the surface transportation program under section 133;
       ``(E) the recreational trails program under section 206;
       ``(F) the high priority projects program under section 117;
       ``(G) the minimum guarantee provided under this section;
       ``(H) revenue aligned budget authority amounts provided 
     under section 110;
       ``(I) the congestion mitigation and air quality improvement 
     program under section 149;
       ``(J) the Appalachian development highway system program 
     under subtitle IV of title 40; and
       ``(K) metropolitan planning programs under section 104(f).
       ``(c) Special Rules.--
       ``(1) Minimum combined allocation.--For each fiscal year, 
     before making the allocations under subsection (a)(1), the 
     Secretary shall allocate among the States amounts sufficient 
     to ensure that no State receives a combined total of amounts 
     allocated under subsection (a)(1), apportionments for the 
     programs specified in subsection (a)(2), and amounts 
     allocated under this subsection, that is less than 100 
     percent of the average for fiscal years 1998 through 2003 of 
     the annual apportionments for the State for all programs 
     specified in subsection (b)(2).
       ``(2) No negative adjustment.--Notwithstanding subsection 
     (d), no negative adjustment shall be made under subsection 
     (a)(1) to the apportionment of any State.
       ``(3) Minimum share of tax payments.--
       ``(A) In general.--Notwithstanding subsection (d), for each 
     fiscal year, the Secretary shall allocate among the States 
     amounts sufficient to ensure that no State receives a 
     percentage of apportionments for the fiscal year for the 
     programs specified in subsection (a)(2) that is less than the 
     percentage specified in subparagraph (B) of the percentage 
     share of the State of estimated tax payments attributable to 
     highway users in the State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) in the most recent 
     fiscal year for which data are available.
       ``(B) Percentages.--The percentages referred to in 
     subparagraph (A) are--
       ``(i) for fiscal year 2005, 90.5 percent; and
       ``(ii) for each of fiscal years 2006 through 2009, 93.06 
     percent.
       ``(d) Programmatic Distribution of Funds.--The Secretary 
     shall apportion the amounts made available under this section 
     so that the amount apportioned to each State under this 
     section for each program referred to in subparagraphs (A) 
     through (G) of subsection (a)(2) is equal to the amount 
     determined by multiplying the amount to be apportioned under 
     this section by the proportion that--
       ``(1) the amount of funds apportioned to each State for 
     each program referred to in subparagraphs (A) through (G) of 
     subsection (a)(2) for a fiscal year; bears to
       ``(2) the total amount of funds apportioned to each State 
     for all such programs for the fiscal year.
       ``(e) Metro Planning Set Aside.--Notwithstanding section 
     104(f), no set aside provided for under that section shall 
     apply to funds allocated under this section.
       ``(f) Authorization of Appropriations.--There
                                 ______
                                 
  SA 725. Mr. SANTORUM (for himself and Mr. Specter) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 1830. PRIORITY PROJECTS.

       Section 1602 of the Transportation Equity Act for the 21st 
     Century (112 Stat. 306) is amended in item 1349 of the table 
     contained in that section by inserting ``, and improvements 
     to streets and roads providing access to,'' after ``along''.
                                 ______
                                 
  SA 726. Mr. INHOFE (for himself, Mr. Bayh, Mr. Warner, Mr. Jeffords, 
Mr. Lugar, Mrs. Clinton, Mr. Chafee, Mr. Obama, Ms. Landrieu, and Mr. 
Voinovich) submitted an amendment intended to be proposed to amendment 
SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds 
for Federal-aid highways, highway safety programs, and transit 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

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

     SEC. 16__. CLEAN SCHOOL BUS PROGRAM.

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

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

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

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

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

[[Page S5000]]

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

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

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

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

       (c) Education.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall develop an 
     education outreach program to promote and explain the grant 
     program.
       (2) Coordination with stakeholders.--The outreach program 
     shall be designed and conducted in conjunction with national 
     school bus transportation associations and other 
     stakeholders.
       (3) Components.--The outreach program shall--
       (A) inform potential grant recipients on the process of 
     applying for grants;
       (B) describe the available technologies and the benefits of 
     the technologies;
       (C) explain the benefits of participating in the grant 
     program; and
       (D) include, as appropriate, information from the annual 
     report required under subsection (b)(8).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section, to remain available until expended--
       (1) $55,000,000 for each of fiscal years 2006 and 2007; and
       (2) such sums as are necessary for each of fiscal years 
     2008, 2009, and 2010.
                                 ______
                                 
  SA 727. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1821. DISADVANTAGED BUSINESS ENTERPRISES.

       (a) General Rule.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     made available for any program under titles I, II, and VI of 
     this Act shall be expended with small business concerns owned 
     and controlled by socially and economically disadvantaged 
     individuals.
       (b) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Small Business Administration.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given that term under section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (3) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' has the meaning given that term under section 
     8(d) of the Small Business Act (15 U.S.C. 637(d)) and 
     relevant regulations promulgated under that section, except 
     that women shall be presumed to be socially and economically 
     disadvantaged individuals for the purposes of this section.
       (c) Annual Listing of Disadvantaged Business Enterprises.--
     Each State, in consultation with the Administrator, shall 
     annually survey or otherwise compile a list of the small 
     business concerns referred to in subsection (a) and the 
     location of such concerns in the State, and shall notify the 
     Secretary in writing of the percentage of such small business 
     concerns which are controlled by women, by socially and 
     economically disadvantaged individuals (other than women), 
     and by individuals who are women and are otherwise socially 
     and economically disadvantaged individuals.
       (d) Uniform List Compilation.--
       (1) In general.--The Administrator, in consultation with 
     the Secretary, shall establish minimum uniform procedures to 
     be used by State governments in compiling the list required 
     by subsection (c).
       (2) Uniform procedures.--Minimum uniform procedures 
     required under paragraph (1) shall include on-site visits, 
     personal interviews, licenses, analysis of stock ownership, 
     listing of equipment, analysis of bonding capacity, listing 
     of work completed, resume of principal owners, financial 
     capacity, type of work preferred, and any other criteria 
     recommended by the Administrator.
       (3) Registration required.--No small business concern may 
     be included on the list required by subsection (c) unless it 
     first registers in the Central Contractor Registration 
     database.
       (e) Compliance With Court Orders.--Nothing in this section 
     limits the eligibility of an entity or person to receive 
     funds made available under titles I, III, and V of this Act, 
     if the entity or person is prevented, in whole or in part, 
     from complying with subsection (a) because a Federal court 
     issues a final order in which the court finds that the 
     requirement of subsection (a), or the program established 
     under subsection (a), is unconstitutional.
                                 ______
                                 
  SA 728. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 605 propoosed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 52, strike lines 10 through 15 and insert the 
     following:
       ``under section 150; and
       (M) the rail-highway grade crossing program under section 
     130.''
                                 ______
                                 
  SA 729. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 7155. SCHOOL BUS ENDORSEMENT KNOWLEDGE TEST REQUIREMENT.

       The Secretary shall recognize any driver who passes a test 
     approved by the Federal Motor Carrier Safety Administration 
     as meeting the knowledge test requirement for a school bus 
     endorsement under section 383.123 of title 49, Code of 
     Federal Regulations.
                                 ______
                                 
  SA 730. Mr. REED (for himself and Mr. Chafee) submitted an amendment 
intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to 
the bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COMMUTER RAIL SERVICE.

       (a) In General.--The Federal Transit Administration shall 
     approve final engineering and construction for projects, 
     which were provided funding under section 3030(c)(1)(A)(xliv) 
     of the Federal Transit Act of 1998, and section 1214(g) of 
     the Transportation Equity Act for the 21st Century (16 U.S.C. 
     668dd note), in the absence of an access agreement with the 
     owner of the railroad right of way.
       (b) Timely Resolution of Issues.--The Secretary shall 
     timely resolve any issues delaying the completion of the 
     project authorized under section 1214(g) of the 
     Transportation Equity Act for the 21st Century (16 U.S.C. 
     668dd note) and the project authorized under section 
     3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998.
                                 ______
                                 
  SA 731. Mr. REED (for himself and Mr. Chafee) submitted an amendment

[[Page S5001]]

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

       At the appropriate place, insert the following:

     SEC. __. COMMUTER RAIL SERVICE.

       (a) In General.--The Massachusetts Bay Transportation 
     Authority is authorized to operate commuter rail service 
     south of milepost 185 of the Northeast Corridor under the 
     terms an dconditions established under section 24904(a)(6) of 
     title 49, United States Code.
       (b) Timely Resolution of Issues.--The Secretary shall 
     timely resolve any issues delaying the completion of the 
     project authorized under section 1214(g) of the 
     Transportation Equity Act for the 21st Century (16 U.S.C. 
     668dd note).
                                 ______
                                 
  SA 732. Mr. DODD submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1411. TEEN DRIVING SAFETY.

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

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

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

[[Page S5002]]

     with fiscal year 2012 under each of the paragraphs (1), (3), 
     and (4) of section 104(b) of title 23, United States Code, to 
     the apportionment of the State under section 402 of such 
     title for the enforcement of teen drinking and driving laws, 
     including seat belt enforcement, underage drinking, and other 
     teen driving safety laws, if that State is not in compliance 
     with subsection (c)(1) on the first day of such fiscal year.
                                 ______
                                 
  SA 733. Mr. ALEXANDER (for himself and Mr. Graham, Mr. Burr, and Mr. 
Akaka) submitted an amendment intended to be proposed to amendment SA 
605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

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

     The amounts provided for under section 2001(a)(1)(A) 
     (relating to surface transportation research) shall be 
     reduced by $19,638,742 for fiscal year 2005, and $19,638,742 
     for each of fiscal years 2006 through 2009.
                                 ______
                                 
  SA 734. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

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

       (a) In General.--Not later than December 1, 2005, and 
     annually thereafter, each State and metropolitan planning 
     organization that serves a population of 200,000 or more 
     shall make available to the public, using the Internet and 
     other means commonly used to inform the public under this 
     Act, a report that describes where the documentation of 
     materials assembled in the project development process 
     anticipated fuel and/or cost saving the ways in which the 
     planned use of Federal funds made available under this Act to 
     the State or metropolitan planning organization for the 
     preceding fiscal year will--
       (1) reduce the demand for gasoline and diesel fuels; and
       (2) lower household transportation expenditures.
       (b) Information, Data, and Technical Assistance.--The 
     Secretary, with assistance from the Bureau of Transportation 
     Statistics and other Federal agencies, shall provide to 
     States and metropolitan planning organizations any 
     information, data, and technical assistance that would assist 
     the States and metropolitan planning organizations in 
     preparing the annual reports under subsection (a).
       (c) Interim Report.--Not later than September 30, 2007, the 
     Secretary shall submit to Congress a report that describes 
     any cumulative savings in fuel, the most effective fuel 
     savings measures, and any other benefits identified by the 
     States and metropolitan planning organizations, from the use 
     of Federal funds made available under this Act during each of 
     fiscal years 2006 and 2007.
                                 ______
                                 
  SA 735. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

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

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

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

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

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

       ``(B) Transfer of credit.--
       ``(i) In general.--A person described in subparagraph 
     (A)(ii) may transfer any credit to which subparagraph (A)(i) 
     applies through an assignment to any other person not 
     described in subparagraph (A)(ii). Such transfer may be 
     revoked only with the consent of the Secretary.
       ``(ii) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to ensure that any credit described 
     in clause (i) is assigned once and not reassigned by such 
     other person.
       ``(iii) Transfer proceeds treated as arising from essential 
     government function.--Any proceeds derived by a person 
     described in subclause (III), (IV), or (V) of subparagraph 
     (A)(ii) from the transfer of any credit under clause (i) 
     shall be treated as arising from the exercise of an essential 
     government function.
       ``(C) Use of credit as an offset.--Notwithstanding any 
     other provision of law, in the case of a person described in 
     subclause (I), (II), or (V) of subparagraph (A)(ii), any 
     credit to which subparagraph (A)(i) applies may be applied by 
     such person, to the extent provided by the Secretary of 
     Agriculture, as a prepayment of any loan, debt, or other 
     obligation the entity has incurred under subchapter I of 
     chapter 31 of title 7 of the Rural Electrification Act of 
     1936 (7 U.S.C. 901 et seq.), as in effect on the date of the 
     enactment of the Energy Tax Incentives Act.
       ``(D) Credit not income.--Any transfer under subparagraph 
     (B) or use under subparagraph (C) of any credit to which 
     subparagraph (A)(i) applies shall not be treated as income 
     for purposes of section 501(c)(12).
       ``(E) Treatment of unrelated persons.--For purposes of 
     subsection (a)(2)(B), sales of electricity among and between 
     persons described in subparagraph (A)(ii) shall be treated as 
     sales between unrelated parties.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to shall apply to electricity produced and sold 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
                                 ______
                                 
  SA 736. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

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

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

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

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

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

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

[[Page S5003]]

     in subclause (III), (IV), or (V) of subparagraph (A)(ii) from 
     the transfer of any credit under clause (i) shall be treated 
     as arising from the exercise of an essential government 
     function.
       ``(C) Credit not income.--Any transfer under subparagraph 
     (B) of any credit to which subparagraph (A)(i) applies shall 
     not be treated as income for purposes of section 501(c)(12).
       ``(D) Treatment of unrelated persons.--For purposes of 
     subsection (a)(2)(B), sales of electricity among and between 
     persons described in subparagraph (A)(ii) shall be treated as 
     sales between unrelated parties.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to shall apply to electricity produced and sold 
     after the date of the enactment of this Act, in taxable years 
     ending after such date.
                                 ______
                                 
  SA 737. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

     SEC.__. TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.

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

     SEC. __. FUNDING FOR FERRY BOATS.

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

[[Page S5004]]

       On page 1291, strike lines 12 through 16 and insert the 
     following:
       (1) For fiscal year 2005, $7,646,336,000.
       (2) For fiscal year 2006, $8,900,000,000.
       (3) For fiscal year 2007, $9,267,464,000.
       (4) For fiscal year 2008, $10,050,700,000.
       (5) For fiscal year 2009, $10,686,500,000.
                                 ______
                                 
  SA 738. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Insert new section:

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

       (a) Section 14704 (Rights and remedies of persons injured 
     by carriers or brokers) is amended as follows:
       (1) In subsection (a)--
       (A) by striking `IN GENERAL' and all that follows through 
     `injured' and substituting `ENFORCEMENT OF ORDER-A person 
     injured'; and
       (B) by redesignating paragraph (2) as subsection (b)(2);
       (2) In subsection (b), by striking `Liability and damages' 
     and all that follows through `A carrier' and substituting 
     `LIABILITY AND DAMAGES-(1) A carrier'; and
       (3) In subsection (d)(1), by striking `under subsection 
     (b)' and substituting `under subsection (c)(2)(B)'.
       (b) Section 14705 (Limitations on actions by and against 
     carriers) is amended as follows:
       (1) In subsection (c), by striking `file' and all that 
     follows through `section 14704(b)' and substituting `begin a 
     civil action to recover damages under section 14704(b)(2)'; 
     and
       (2) In subsection (d), by striking `under subsections (b) 
     and (c) of this section' and substituting `under subsection 
     (b) of this section'.
       This section shall apply to all civil actions pending or 
     commenced in any court on or after its date of enactment.''
                                 ______
                                 
  SA 739. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On Page 69, Line 15, add a new subsection 6009(h),
       (h) Contracted Paratransit Pilot.--
       (1) In General.--Notwithstanding section 5302(a)(1)(I) of 
     title 49, United States Code, for fiscal years 2005 through 
     2009, a recipient of assistance under section 5307 of title 
     49, United States Code, in an urbanized area with a 
     population of 558,329 according to the 2000 decennial census 
     of population may use not more than 20 percent of such 
     recipient's annual formula apportionment under section 5307 
     of title 49, United States Code, for the provision of 
     nonfixed route paratransit services in accordance with 
     section 223 of the Americans with Disabilities Act (42 U.S.C. 
     12143), but only if the grant recipient is in compliance with 
     applicable requirements of that Act, including both fixed 
     route and demand responsive service and the service is 
     acquired by contract.
       (2) Report.--Not later than January 1, 2009, the Secretary 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate, a report on the implementation of this subsection and 
     any recommendations of the Secretary regarding the 
     application of this section
                                 ______
                                 
  SA 740. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

       On page 1291, strike lines 12 through 16 and insert the 
     following:
       (1) For fiscal year 2005, $7,646,336,000.
       (2) For fiscal year 2006, $8,900,000,000.
       (3) For fiscal year 2007, $9,267,464,000.
       (4) For fiscal year 2008, $10,050,700,000.
       (5) For fiscal year 2009, $10,686,500,000.
                                 ______
                                 
  SA 741. Mr. SHELBY submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table as follows:

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

       tives.
       ``(e) Study of Methods to Improve Accessibility of Public 
     Transportation for Persons With Visual Disabilities.--Not 
     later than October 1, 2006, the Secretary shall transmit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report on the 
     effectiveness of alternative methods to improve the 
     accessibility of public transportation for persons with 
     visual disabilities. The report shall evaluate a variety of 
     methods and techniques for improving accessibility, including 
     installation of Remote Infrared Audible Signs for provision 
     of wayfinding and information for people who have visual, 
     cognitive, or learning disabilities.''.
                                 ______
                                 
  SA 742. Mr. INHOFE (for Mr. Talent (for himself and Mr. Dodd)) 
proposed an amendment to amendment SA 605 proposed by Mr. Inhofe to the 
bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table as follows:

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

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

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

                          ____________________