[Congressional Record Volume 151, Number 62 (Thursday, May 12, 2005)]
[Senate]
[Pages S5174-S5180]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 743. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 713 proposed by Mr. Baucus to the amendment SA 605 
proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 270, following the matter on line 15, insert the 
     following:
       (d) In addition to other eligible uses, the State of 
     Montana may use funds apportioned under section 104(b)(2) for 
     the operation of public transit activities that serve a 
     nonattainment or maintenance area.
                                 ______
                                 
  SA 744. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 676 submitted by Mr. Feingold and intended to be 
proposed to the amendment SA 605 proposed by Mr. Inhofe to the bill 
H.R. 3, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2, strike lines 15 through 22, and insert the 
     following:
       ``(b) Application to Volunteer Services Only.--Subsection 
     (a) shall not apply with respect to any expenses relating to 
     the performance of services for compensation.
       ``(c) No Double Benefit.--A taxpayer may not claim a 
     deduction or credit under any other provision of this title 
     with respect to the expenses under subsection (a).
       ``(d) Exemption From Reporting Requirements.--Section 6041 
     shall not apply with respect to reimbursements excluded from 
     income under subsection (a).''.
                                 ______
                                 
  SA 745. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 652 submitted by Mr. Dorgan (for himself and Mr. Reid) to 
the amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike all of page 2 and insert the following:
       ``(b) The Secretary of Energy shall direct the National 
     Petroleum Council to conduct an evaluation and analysis 
     determining the extent to which environmental and other 
     regulations detrimentally affect new domestic refinery 
     construction and significant expansion of existing refinery 
     capacity.''
       ``(c) Reports to Congress.--
       (1) On completion of the investigation under subsection 
     (a), the Federal Trade Commission shall submit to Congress a 
     report that describes--
       (A) the results of the investigation; and
       (B) any recommendations of the Federal Trade Commission
       (2) On completion of the evaluation and analysis under 
     subsection (b), the Secretary shall submit to Congress a 
     report that describes--
       (A) the results of the evaluation and analysis;
       (B) any recommendations of the National Petroleum 
     Council.''
                                 ______
                                 
  SA 746. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 1816. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM COMPLETION 
                   PROGRAM.

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

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

       ``(a) In General.--The Secretary shall carry out a program, 
     to be known as the `Appalachian development highway system 
     completion program' (referred to in this section as the 
     `program'), to allocate capital funding to expedite the 
     completion of `ready-to-go' segments of the Appalachian 
     development highway system.
       ``(b) Eligible Activities.--A State that receives an 
     allocation of funds under this section shall use the funds to 
     construct highways and access roads in accordance with 
     chapter 145 of title 40.
       ``(c) Allocation of Funds.--The Secretary shall allocate 
     funds under the program to each State based on the proportion 
     that, under the most recent published report of the 
     Appalachian Regional Commission under section 14501 of title 
     40--
       ``(1) the cost of construction of highways and access roads 
     that are in `final design status' for the Appalachian 
     development highway system program in the State; bears to
       ``(2) the cost of construction of highways and access roads 
     that are in `final design status' for the Appalachian 
     development highway system program in all States.
       ``(d) Federal Share.--The Federal share of the cost of 
     carrying out any project or activity using funds allocated 
     under the program shall be 80 percent.
       ``(e) Funding.--
       ``(1) In general.--There shall be available to the 
     Secretary to carry out this section, from the Highway Trust 
     Fund (other than the Mass Transit Account), $650,000,000 for 
     the period of fiscal years 2005 through 2009, of which--
       ``(A) $130,000,000 shall be for fiscal year 2005;
       ``(B) $130,000,000 shall be for fiscal year 2006;
       ``(C) $130,000,000 shall be for fiscal year 2007;
       ``(D) $130,000,000 shall be for fiscal year 2008; and
       ``(E) $130,000,000 shall be for fiscal year 2009.
       ``(2) Obligation, eligibility, and availability.--Funds 
     authorized to be appropriated under section 1101(16) of the 
     Safe, Accountable, Flexible, and Efficient Transportation 
     Equity Act of 2004 and made available under paragraph (1) to 
     carry out this section--
       ``(A) shall be available for obligation by the Secretary in 
     the same manner as if the funds were apportioned under this 
     chapter;
       ``(B) shall not be considered in determining the 
     eligibility of any State to receive funds under section 105 
     or any other and any apportioned formula program including 
     the equity bonus program; and
       ``(C) shall remain available until expended.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code (as amended by 
     section 1815(b)), is amended by adding at the end of the 
     following:
       ``178. Appalachian development highway system completion 
     program.''.
                                 ______
                                 
  SA 747. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 1816. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM COMPLETION 
                   PROGRAM.

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

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

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

[[Page S5175]]

       (e) Funding.--
       (1) In general.--There shall be available to the Secretary 
     to carry out this section, from the Highway Trust Fund (other 
     than the Mass Transit Account), $300,000,000 for the period 
     of fiscal years 2005 through 2009, of which--
       (A) $60,000,000,000 shall be for fiscal year 2005;
       (B) $60,000,000,000 shall be for fiscal year 2006;
       (C) $60,000,000,000 shall be for fiscal year 2007;
       (D) $60,000,000,000 shall be for fiscal year 2008; and
       (E) $60,000,000,000 shall be for fiscal year 2009.
       (2) Obligation, eligibility, and availability.--Funds 
     authorized to be appropriated under section 1101(16) of the 
     Safe, Accountable, Flexible, and Efficient Transportation 
     Equity Act of 2004 and made available under paragraph (1) to 
     carry out this section--
       (A) shall be available for obligation by the Secretary in 
     the same manner as if the funds were apportioned under this 
     chapter;
       (B) shall not be considered in determining the eligibility 
     of any State to receive funds under section 105 or any other 
     apportioned formula program including the equity bonus 
     program; and
       (C) shall remain available until expended.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 1 of title 23, United States Code (as amended by 
     section 1815(b)), is amended by adding at the end the 
     following:
       178. Appalachian development highway system completion 
     program.''.
                                 ______
                                 
  SA 748. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 683 submitted by Mr. Warner and intended to be proposed to 
the amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       (b) Coalfields Expressway, West Virginia.--
       (1) Designation.--Except as provided in paragraph (2), 
     there is designated as an addition to the Appalachian 
     Development Highway System in the State of West Virginia, the 
     Coalfields Expressway from Paynesville, West Virginia to 
     Beckley, West Virginia.
       (2) Modification of mileage.--Section 14501(a) of title 40, 
     United States Code, is amended in the second sentence by 
     striking ``3,090'' and inserting ``3,153.''.
                                 ______
                                 
  SA 749. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 3, to authorize funds for Federal-aid highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 1, line 8, strike ``in the State of Maine'' and 
     insert ``in the State of Maine (including the area designated 
     as the Maine Turnpike)''.
                                 ______
                                 
  SA 750. Mr. LOTT (for himself and Mr. Inouye) submitted an amendment 
intended to be proposed to amendment SA 611 proposed by Mr. Allen (for 
himself and Mr. Ensign) to the amendment SA 605 proposed by Mr. Inhofe 
to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (a) In General.--Section 405 is amended to read as follows:

     ``Sec. 405. Safety belt performance grants

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

     whichever first occurs.
       ``(5) Catch-up grants.--The Secretary shall make a grant to 
     any State eligible for a grant under this subsection that did 
     not receive a grant for a fiscal year because of the 
     application of paragraph (4), in the next fiscal year if the 
     State's primary safety belt use law remains in effect or its 
     safety belt use rate is 85 percent or more for the 2 
     consecutive calendar years preceding such next fiscal year 
     (subject to paragraph (4)).
       ``(c) Grants for Pre-2003 Laws.--To the extent that amounts 
     made available for any of fiscal years 2006 through 2009 
     exceed the total amounts to be awarded under subsection (b) 
     for the fiscal year, including amounts to be awarded for 
     catch-up grants under subsection (b)(5), the Secretary shall 
     make a single grant to each State that enacted, has in 
     effect, and is enforcing a primary safety belt use law for 
     all passenger motor vehicles that was in effect before 
     January 1, 2003. The amount of a grant available to a State 
     under this subsection shall be equal to 250 percent of the 
     amount of funds apportioned to the State under section 402(c) 
     of this title for fiscal year 2003. The Secretary may award 
     the grant in up to 4 installments over a period of 4 fiscal 
     years beginning with fiscal year 2006.
       ``(d) Allocation of Unused Grant Funds.--The Secretary 
     shall make additional grants under this section of any 
     amounts available for grants under this section that, on July 
     1, 2009, are neither obligated nor expended.The additional 
     grants made under this subsection shall be allocated among 
     all States that, as of that date, have enacted, have in 
     effect, and are enforcing primary safety belt laws for all 
     passenger motor vehicles. The allocations shall be made in 
     accordance with the formula for apportioning funds among the 
     States under section 402(c) of this title.
       ``(e) Use of Grant Funds.--
       ``(1) In general.--Subject to paragraph (2), a State may 
     use a grant under this section for any safety purpose under 
     this title or for any project that corrects or improves a 
     hazardous roadway location or feature or proactively 
     addresses highway safety problems, including--
       ``(A) intersection improvements;
       ``(B) pavement and shoulder widening;
       ``(C) installation of rumble strips and other warning 
     devices;
       ``(D) improving skid resistance;
       ``(E) improvements for pedestrian or bicyclist safety;
       ``(I) railway-highway crossing safety;
       ``(G) traffic calming;
       ``(H) the elimination of roadside obstacles;
       ``(I) improving highway signage and pavement marking;
       ``(J) installing priority control systems for emergency 
     vehicles at signalized intersections;
       ``(K) installing traffic control or warning devices at 
     locations with high accident potential;
       ``(L) safety-conscious planning; and
       ``(M) improving crash data collection and analysis.
       ``(2) Safety activity requirement.--Notwithstanding 
     paragraph (1), the Secretary shall ensure that at least 
     $1,000,000 of amounts received by States under this section 
     are obligated or expended for safety activities under this 
     chapter.
       ``(3) Support activity.--The Secretary or his designee may 
     engage in activities with States and State legislators to 
     consider proposals related to safety belt use laws.
       ``(f) Carry forward of Excess Funds.--If the amount 
     available for grants under this section for any fiscal year 
     exceeds the sum of the grants made under this section for 
     that fiscal year, the excess amount and obligational 
     authority shall be carried forward and made available for 
     grants under this section in the succeeding fiscal year.
       ``(g) Federal Share.--The Federal share payable for grants 
     under this subsection is 100 percent.
       ``(h) Passenger Motor Vehicle Defined.--In this section, 
     the term `passenger motor vehicle' means--
       ``(1) a passenger car,
       ``(2) a pickup truck,
       ``(3) a van, minivan, or sport utility vehicle, with a 
     gross vehicle weight rating of less than 10,000 pounds.'' .
                                 ______
                                 
  SA 751. Mr. DeWINE submitted an amendment intended to be proposed to 
amendment SA 639 submitted by Mr. Lautenberg and intended to be 
proposed to the bill H.R. 3, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which

[[Page S5176]]

was ordered to lie on the table; as follows:

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

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

       Findings.--Congress finds that--
       On March 11, 1998, the Senate agreed unanimously to a 
     resolution reaffirming limitations on the length and weight 
     of commercial motor vehicles as part of S. 1173, the 
     Intermodal Surface Transportation Efficiency Act of 1997;
       In 2000, the United States Department of Transportation 
     released the Comprehensive Truck Size and Weight Study, which 
     raised new safety, infrastructure and cost recovery concerns 
     about lifting limitations on the length and weight of 
     commercial motor vehicles;
       In 2004, the United States Department of Transportation 
     released the Western Uniformity Scenario Analysis report, 
     which stated the Department does not favor change in federal 
     truck size and weight policy; that nationwide, the Department 
     believes an appropriate balance has been struck on truck size 
     and weight; and that the Department opposes a piecemeal 
     approach to truck size and weight policy;
       Sense of The Senate.--It is the sense of the Senate that 
     the prohibitions and restrictions on commercial motor 
     vehicles under section 127(a) and (d) of title 23, United 
     States Code, should not be amended so as to weaken the 
     current `freeze' on those vehicles or result in any more or 
     less restrictive prohibition or restriction on those 
     vehicles.
                                 ______
                                 
  SA 752. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin, 
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, Mr. Dayton, and Mr. 
Nelson of Nebraska) submitted an amendment intended to proposed by him 
to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transmit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment; insert the following:

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

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

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

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 50 percent of the cost of any qualified 
     alternative fuel vehicle refueling property placed in service 
     by the taxpayer during the taxable year.
       ``(b) Limitation.--The credit allowed under subsection 
     (a)--
       ``(1) with respect to any retail alternative fuel vehicle 
     refueling property, shall not exceed $30,000, and
       ``(2) with respect to any residential alternative fuel 
     vehicle refueling property, shall not exceed $1,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified alternative fuel vehicle refueling 
     property.--The term `qualified alternative fuel vehicle 
     refueling property' has the same meaning given for clean-fuel 
     vehicle refueling property by section 179A(d), but only with 
     respect to any fuel at least 85 percent of the volume of 
     which consists of ethanol.
       ``(2) Residential alternative fuel vehicle refueling 
     property.--The term `residential alternative fuel vehicle 
     refueling property' means qualified alternative fuel vehicle 
     refueling property which is installed on property which is 
     used as the principal residence (within the meaning of 
     section 121) of the taxpayer.
       ``(3) Retail alternative fuel vehicle refueling property.--
     The term `retail alternative fuel vehicle refueling property' 
     means qualified alternative fuel vehicle refueling property 
     which is of a character subject to an allowance for 
     depreciation.
       ``(d) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(e) Carryforward Allowed.--
       ``(1) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (d) for such taxable year, such 
     excess shall be allowed as a credit carryforward for each of 
     the 20 taxable years following the unused credit year.
       ``(2) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryforward under 
     paragraph (1).
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Basis reduction.--The basis of any property shall be 
     reduced by the portion of the cost of such property taken 
     into account under subsection (a).
       ``(2) No double benefit.--No deduction shall be allowed 
     under section 179A with respect to any property with respect 
     to which a credit is allowed under subsection (a).
       ``(3) Property used by tax-exempt entity.--In the case of 
     any qualified alternative fuel vehicle refueling property the 
     use of which is described in paragraph (3) or (4) of section 
     50(b) and which is not subject to a lease, the person who 
     sold such property to the person or entity using such 
     property shall be treated as the taxpayer that placed such 
     property in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such property (determined without regard to subsection (d)).
       ``(4) Property used outside united states, etc., not 
     qualified.--No credit shall be allowable under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the cost of any property 
     taken into account under section 179.
       ``(5) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(6) Recapture rules.--Rules similar to the rules of 
     section 179A(e)(4) shall apply.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(h) Termination.--This section shall not apply to any 
     property placed in service after December 31, 2009.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (30), by striking the period at the end of 
     paragraph (31) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(32) to the extent provided in section 30B(f)(1).''.
       (2) Section 55(c)(2) is amended by inserting ``30B(d),'' 
     after ``30(b)(3),''.
       (3) Section 6501(m) is amended by inserting ``30B(f)(5),'' 
     after ``30(d)(4),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 30A the following new item:

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

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

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

       (a) In General.--Subsection (b) of section 1245 is amended 
     by adding at the end the following new paragraph:
       ``(9) Disposition of amortizable section 197 intangibles.--
       ``(A) In general.--If a taxpayer disposes of more than 1 
     amortizable section 197 intangible (as defined in section 
     197(c)) in a transaction or a series of related transactions, 
     all such amortizable 197 intangibles shall be treated as 1 
     section 1245 property for purposes of this section.
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     amortizable section 197 intangible (as so defined) with 
     respect to which the adjusted basis exceeds the fair market 
     value.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions of property after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 753. Mr. OBAMA (for himself, Mr. Coleman, Mr. Lugar, Mr. Durbin, 
Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, Mr. Dayton, and Mr. 
Nelson of Nebraska) submitted an amendment intended to be proposed to 
amendment SA 670 proposed by Mr. OBAMA (for himself, Mr. Coleman, Mr. 
Lugar, Mr. Durbin, Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, and 
Mr. Dayton) to the amendment SA 605 proposed by Mr. Inhofe to the bill 
H.R. 3, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, strike line 5 and all that follows and insert 
     the following:
       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to foreign tax credit, etc.) is amended 
     by adding at the end the following new section:

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

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 50 percent of the cost of any qualified 
     alternative fuel vehicle refueling property placed in service 
     by the taxpayer during the taxable year.
       ``(b) Limitation.--The credit allowed under subsection 
     (a)--
       ``(1) with respect to any retail alternative fuel vehicle 
     refueling property, shall not exceed $30,000, and
       ``(2) with respect to any residential alternative fuel 
     vehicle refueling property, shall not exceed $1,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified alternative fuel vehicle refueling 
     property.--The term `qualified alternative fuel vehicle 
     refueling property' has the same meaning given for clean-fuel 
     vehicle refueling property by section 179A(d),

[[Page S5177]]

     but only with respect to any fuel at least 85 percent of the 
     volume of which consists of ethanol.
       ``(2) Residential alternative fuel vehicle refueling 
     property.--The term `residential alternative fuel vehicle 
     refueling property' means qualified alternative fuel vehicle 
     refueling property which is installed on property which is 
     used as the principal residence (within the meaning of 
     section 121) of the taxpayer.
       ``(3) Retail alternative fuel vehicle refueling property.--
     The term `retail alternative fuel vehicle refueling property' 
     means qualified alternative fuel vehicle refueling property 
     which is of a character subject to an allowance for 
     depreciation.
       ``(d) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(e) Carryforward Allowed.--
       ``(1) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (d) for such taxable year, such 
     excess shall be allowed as a credit carryforward for each of 
     the 20 taxable years following the unused credit year.
       ``(2) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryforward under 
     paragraph (1).
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Basis reduction.--The basis of any property shall be 
     reduced by the portion of the cost of such property taken 
     into account under subsection (a).
       ``(2) No double benefit.--No deduction shall be allowed 
     under section 179A with respect to any property with respect 
     to which a credit is allowed under subsection (a).
       ``(3) Property used by tax-exempt entity.--In the case of 
     any qualified alternative fuel vehicle refueling property the 
     use of which is described in paragraph (3) or (4) of section 
     50(b) and which is not subject to a lease, the person who 
     sold such property to the person or entity using such 
     property shall be treated as the taxpayer that placed such 
     property in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such property (determined without regard to subsection (d)).
       ``(4) Property used outside united states, etc., not 
     qualified.--No credit shall be allowable under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the cost of any property 
     taken into account under section 179.
       ``(5) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(6) Recapture rules.--Rules similar to the rules of 
     section 179A(e)(4) shall apply.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(h) Termination.--This section shall not apply to any 
     property placed in service after December 31, 2009.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (30), by striking the period at the end of 
     paragraph (31) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(32) to the extent provided in section 30B(f)(1).''.
       (2) Section 55(c)(2) is amended by inserting ``30B(d),'' 
     after ``30(b)(3),''.
       (3) Section 6501(m) is amended by inserting ``30B(f)(5),'' 
     after ``30(d)(4),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 30A the following new item:

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

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

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

       (a) In General.--Subsection (b) of section 1245 is amended 
     by adding at the end the following new paragraph:
       ``(9) Disposition of amortizable section 197 intangibles.--
       ``(A) In general.--If a taxpayer disposes of more than 1 
     amortizable section 197 intangible (as defined in section 
     197(c)) in a transaction or a series of related transactions, 
     all such amortizable 197 intangibles shall be treated as 1 
     section 1245 property for purposes of this section.
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     amortizable section 197 intangible (as so defined) with 
     respect to which the adjusted basis exceeds the fair market 
     value.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to dispositions of property after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 754. Mr. LAUTENBERG submitted an amendment intended to be proposed 
to amendment SA 639 submitted by Mr. Lautenberg and intended to be 
proposed to the bill H.R. 3, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Findings.--Congress finds that -
       (1) on March 11, 1998, the Senate agreed unanimously to 
     reaffirm limitations on the length and weight of commercial 
     motor vehicles as part of S. 1173, the Intermodal Surface 
     Transportation Efficiency Act of 1997;
       (2) in 2000, the Department of Transportation released the 
     Comprehensive Truck Size and Weight Study, which raised new 
     safety, infrastructure, and cost recovery concerns about 
     lifting limitations on the length and weight of commercial 
     motor vehicles; and
       (3) in 2004, the Department of Transportation released the 
     Western Uniformity Scenario Analysis report, which stated 
     that the Department--
       (A) does not favor change in Federal truck size and weight 
     policy;
       (B) believes an appropriate balance has been struck 
     nationwide on truck size and weight; and
       (C) opposes a piecemeal approach to truck size and weight 
     policy.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the prohibitions and restrictions on commercial motor 
     vehicles under subsections (a) and (d) of section 127 of 
     title 23, United States Code, should not be amended so as 
     to--
       (1) weaken the current ``freeze'' on those vehicles; or
       (2) result in any more or less restrictive prohibition or 
     restriction on those vehicles.
                                 ______
                                 
  SA 755. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 725 proposed by Mr. 
Santorum (for himself and Mr. Specter) to the amendment SA 605 proposed 
by Mr. Inhofe to the bill H.R. 3, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; as follows:

       At the end of the amendment, add the following:

     SEC. 1831. TRANSPORTATION NEEDS, GRAYLING, MICHIGAN.

       Item number 820 in the table contained in section 1602 of 
     the Transportation Equity Act for the 21st Century (112 Stat. 
     287) is amended by striking ``Conduct'' and all that follows 
     through ``interchange'' and inserting ``Conduct a 
     transportation needs study and make improvements to I-75 
     interchanges in the Grayling area''.
                                 ______
                                 
  SA 756. CLINTON (for herself and Mr. Inhofe) submitted an amendment 
intended to be proposed to the amendment SA 681 proposed by Mrs. 
Clinton to the amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 
3, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1612. ADDITION TO CMAQ-ELIGIBLE PROJECTS.

       (a) Eligible Projects.--Section 149(b) of title 23, United 
     States Code, is amended--
       (1) in paragraph (4), by striking ``or'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) if the project or program is for the purchase of 
     alternative fuel (as defined in section 301 of the Energy 
     Policy Act of 1992 (42 U.S.C. 13211)) or biodiesel;
       ``(7) if the project or program involves the purchase of 
     integrated, interoperable emergency communications equipment; 
     or
       ``(8) if the project or program is for--
       ``(A) diesel retrofit technologies that are--
       ``(i) for motor vehicles (as defined in section 216 of the 
     Clean Air Act (42 U.S.C. 7550)); or
       ``(ii) published in the list under subsection (f)(5) for 
     non-road vehicles and non-road engines (as defined in section 
     216 of the Clean Air Act (42 U.S.C. 7550)) that are used in 
     construction projects that are--

       ``(I) located in nonattainment or maintenance areas for 
     ozone, PM10, or PM2.5 (as defined under 
     the Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(II) funded, in whole or in part, under this title; or

       ``(B) outreach activities that are designed to provide 
     information and technical assistance to the owners and 
     operators of diesel equipment and vehicles regarding the 
     emission reduction strategy.''.
       (b) States Receiving Minimum Apportionment.--Section 149(c) 
     of title 23, United States Code, is amended--

[[Page S5178]]

       (1) in paragraph (1), by striking ``for any project 
     eligible under the surface transportation program under 
     section 133.'' and inserting the following: ``for any project 
     in the State that--
       ``(A) would otherwise be eligible under this section as if 
     the project were carried out in a nonattainment or 
     maintenance area; or
       ``(B) is eligible under the surface transportation program 
     under section 133.''; and
       (2) in paragraph (2), by striking ``for any project in the 
     State eligible under section 133.'' and inserting the 
     following: ``for any project in the State that--
       ``(A) would otherwise be eligible under this section as if 
     the project were carried out in a nonattainment or 
     maintenance area; or
       ``(B) is eligible under the surface transportation program 
     under section 133.''.
       (c) Responsibility of States.--Section 149 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(f) Cost-Effective Emission Reduction Strategies.--
       ``(1) Definitions.--In this subsection:
       ``(A) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(B) Cmaq resources.--The term `CMAQ resources' means 
     resources available to a State to carry out the congestion 
     mitigation and air quality improvement program under this 
     section.
       ``(C) Diesel retrofit technology.--The term `diesel 
     retrofit technology' means a replacement, repowering, 
     rebuilding, after treatment, or other technology, as 
     determined by the Administrator.
       ``(2) Emission reduction strategies.--Each State shall 
     develop, implement, and periodically revise emission 
     reduction strategies comprised of any methods determined to 
     be appropriate by the State that are consistent with section 
     209 of the Clean Air Act (42 U.S.C. 7542) for engines and 
     vehicles that are used in construction projects that are--
       ``(A) located in nonattainment areas for ozone, 
     PM10, or PM2.5 (as defined under the 
     Clean Air Act (42 U.S.C. 7401 et seq.)); and
       ``(B) funded, in whole or in part, under this title.
       ``(3) State considerations.--In developing emission 
     reduction strategies, each State--
       ``(A) may include any means to reduce emissions that are 
     determined to be appropriate by the State; but
       ``(B) shall--
       ``(i) consider guidance issued by the Administrator under 
     paragraph (5);
       ``(ii) limit technologies to those identified by the 
     Administrator under paragraph (5);
       ``(iii) provide contractors with guidance and technical 
     assistance regarding the implementation of emission reduction 
     strategies;
       ``(iv) give special consideration to small businesses that 
     participate in projects funded under this title;
       ``(v) place priority on the use of--

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

       ``(vi) not include any activities prohibited by paragraph 
     (4).
       ``(4) State limitations.--Emission reduction strategies may 
     not--
       ``(A) authorize or recommend the use of bans on equipment 
     or vehicle use during specified periods of a day;
       ``(B) authorize or recommend the use of contract procedures 
     that would require retrofit activities, unless funds are made 
     available by the State under this section or other State 
     authority to offset the cost of those activities; or
       ``(C) authorize the use of contract procedures that would 
     discriminate between bidders on the basis of a bidder's 
     existing equipment or existing vehicle emission technology.
       ``(5) Emission reduction strategy guidance.--The 
     Administrator, in consultation with the Secretary, shall 
     publish a nonbinding list of emission reduction strategies 
     and supporting technical information for--
       ``(A) diesel emission reduction technologies certified or 
     verified by the Administrator, the California Air Resources 
     Board, or any other entity recognized by the Administrator 
     for the same purpose;
       ``(B) diesel emission reduction technologies identified by 
     the Administrator as having an application and approvable 
     test plan for verification by the Administrator or the 
     California Air Resources board that is submitted not later 
     that 18 months of the date of enactment of this Act;
       ``(C) available information regarding the emission 
     reduction effectiveness and cost effectiveness of 
     technologies identified in this paragraph, taking into 
     consideration health effects;
       ``(D) options and recommendations for the structure and 
     content of emission reduction strategies including--
       ``(i) emission reduction performance criteria;
       ``(ii) financial incentives that use CMAQ resources and 
     State resources;
       ``(iii) procedures to facilitate access by contractors to 
     financial incentives;
       ``(iv) contract incentives, allowances, and procedures;
       ``(v) methods of voluntary emission reductions; and
       ``(vi) other means that may be employed to reduce emissions 
     from construction activities; and
       ``(6) Priority.--States and metropolitan planning 
     organizations shall give priority in distributing funds 
     received for congestion management and air quality projects 
     and programs to finance of diesel retrofit and cost-effective 
     emission reduction activities identified by States in the 
     emission reduction strategies developed under this 
     subsection.
       ``(7) No effect on authority or restrictions.--Nothing in 
     this subsection modifies any authority or restriction 
     established under the Clean Air Act (42 U.S.C. 7401 et 
     seq.).''.
                                 ______
                                 
  SA 757. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 670 proposed by Mr. Obama (for himself, Mr. Coleman, 
Mr. Lugar, Mr. Durbin, Mr. Harkin, Mr. Salazar, Mr. Bayh, Mr. Talent, 
and Mr. Dayton) to the amendment SA 605 proposed by Mr. Inhofe to the 
bill H.R. 3, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

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

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

       ``(a) Credit Allowed.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to 50 percent of the cost of any qualified 
     alternative fuel vehicle refueling property placed in service 
     by the taxpayer during the taxable year.
       ``(b) Limitation.--
       ``(1) In general.--The credit allowed under subsection 
     (a)--
       ``(A) with respect to any retail alternative fuel vehicle 
     refueling property, shall not exceed $30,000, and
       ``(B) with respect to any residential alternative fuel 
     vehicle refueling property, shall not exceed $1,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified alternative fuel vehicle refueling 
     property.--The term `qualified alternative fuel vehicle 
     refueling property' has the same meaning given for clean-fuel 
     vehicle refueling property by section 179A(d), only with 
     respect to any fuel at least 85 percent of the volume of 
     which consists of ethanol, CNG, LEG, LPG & hydrogen.
       ``(2) Residential alternative fuel vehicle refueling 
     property.--The term `residential alternative fuel vehicle 
     refueling property' means qualified alternative fuel vehicle 
     refueling property which is installed on property which is 
     used as the principal residence (within the meaning of 
     section 121) of the taxpayer.
       ``(3) Retail alternative fuel vehicle refueling property.--
     The term `retail alternative fuel vehicle refueling property' 
     means qualified alternative fuel vehicle refueling property 
     which is of a character subject to an allowance for 
     depreciation.
       ``(d) Application With Other Credits.--The credit allowed 
     under subsection (a) for any taxable year shall not exceed 
     the excess (if any) of--
       ``(1) the regular tax for the taxable year reduced by the 
     sum of the credits allowable under subpart A and sections 27, 
     29, and 30, over
       ``(2) the tentative minimum tax for the taxable year.
       ``(e) Carryforward Allowed.--
       ``(1) In general.--If the credit amount allowable under 
     subsection (a) for a taxable year exceeds the amount of the 
     limitation under subsection (d) for such taxable year, such 
     excess shall be allowed as a credit carryforward for each of 
     the 20 taxable years following the unused credit year.
       ``(2) Rules.--Rules similar to the rules of section 39 
     shall apply with respect to the credit carryforward under 
     paragraph (1).
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Basis reduction.--The basis of any property shall be 
     reduced by the portion of the cost of such property taken 
     into account under subsection (a).
       ``(2) No double benefit.--No deduction shall be allowed 
     under section 179A with respect to any property with respect 
     to which a credit is allowed under subsection (a).
       ``(3) Property used by tax-exempt entity.--In the case of 
     any qualified alternative fuel vehicle refueling property the 
     use of which is described in paragraph (3) or (4) of section 
     50(b) and which is not subject to a lease, the person who 
     sold such property to the person or entity using such 
     property shall be treated as the taxpayer that placed such 
     property in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such property (determined without regard to subsection (d)).
       ``(4) Property used outside united states, etc., not 
     qualified.--No credit shall be allowable under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the

[[Page S5179]]

     cost of any property taken into account under section 179.
       ``(5) Election not to take credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(6) Recapture rules.--Rules similar to the rules of 
     section 179A(e)(4) shall apply.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(h) Termination.--This section shall not apply to any 
     property placed in service after December 31, 2013.''.
       (b) Conforming Amendments.--
       (1) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (30), by striking the period at the end of 
     paragraph (31) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(32) to the extent provided in section 30B(f)(1).''.
       (2) Section 55(c)(2) is amended by inserting ``30B(d),'' 
     after ``30(b)(3),''.
       (3) Section 6501(m) is amended by inserting ``30B(f)(5),'' 
     after ``30(d)(4),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by inserting after the 
     item relating to section 30A the following new item:

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

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.
                                 ______
                                 
  SA 758. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed to amendment SA 647 by Mr. Sessions 
and intended to be proposed to the amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. ____. RAILWAY-HIGHWAY CROSSINGS.

       Section 130(e) of title 23, United States Code (as amended 
     by section 1401(c)(1)), is amended by inserting after 
     ``railway-highway crossings'' the following: ``, and at least 
     $150,000,000 shall be authorized to be appropriated from the 
     general fund of the Treasury for the elimination of hazards, 
     installation of protective devices, and the purchase of 
     automatic warning signals for use at railway-highway 
     crossings''.
                                 ______
                                 
  SA 759. Mr. SPECTER submitted an amendment intended to be proposed to 
amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

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

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Eligible project costs.--
       ``(A) In general.--The term `eligible project costs' means 
     the capital cost of the fixed guideway infrastructure of a 
     MAGLEV project, including land, piers, guideways, propulsion 
     equipment and other components attached to guideways, power 
     distribution facilities (including substations), control and 
     communications facilities, access roads, and storage, repair, 
     and maintenance facilities.
       ``(B) Inclusion.--The term `eligible project costs' 
     includes the costs of preconstruction planning activities.
       ``(2) Full project costs.--The term `full project costs' 
     means the total capital costs of a MAGLEV project, including 
     eligible project costs and the costs of stations, vehicles, 
     and equipment.
       ``(3) Maglev.--
       ``(A) In general.--The term `MAGLEV' means transportation 
     systems in revenue service employing magnetic levitation that 
     would be capable of safe use by the public at a speed in 
     excess of 240 miles per hour.
       ``(B) Inclusion.--The term `MAGLEV' includes power, 
     control, and communication facilities required for the safe 
     operation of the vehicles within a system described in 
     subparagraph (A).
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(5) Special purpose entity.--The term `special purpose 
     entity' means a nonprofit entity that--
       ``(A) is not a State-designated authority; but
       ``(B) is eligible, as determined by the Governor of the 
     State in which the entity is located, to participate in the 
     program under this section.
       ``(6) Tea-21 criteria.--The term `TEA-21 criteria' means--
       ``(A) the criteria set forth in subsection (d) of this 
     section (as in effect on the day before the date of enactment 
     of the Safe, Affordable, Flexible, and Efficient 
     Transportation Equity Act of 2005), including applicable 
     regulations; and
       ``(B) with respect to subsection (e)(2), the criteria set 
     forth in subsection (d)(8) of this section (as so in effect).
       ``(b) Phase I--Preconstruction Planning.--
       ``(1) In general.--A State, State-designated authority, 
     multistate-designated authority, or special purpose entity 
     may apply to the Secretary for grants to conduct 
     preconstruction planning for proposed new MAGLEV projects, or 
     extensions to MAGLEV systems planned, studied, or deployed 
     under this or any other program.
       ``(2) Applications.--An application for a grant under this 
     subsection shall include a description of the proposed MAGLEV 
     project, including, at a minimum--
       ``(A) a description of the purpose and need for the 
     proposed MAGLEV project;
       ``(B) a description of the travel market to be served;
       ``(C) a description of the technology selected for the 
     MAGLEV project;
       ``(D) forecasts of ridership and revenues;
       ``(E) a description of preliminary engineering that is 
     sufficient to provide a reasonable estimate of the capital 
     cost of constructing, operating, and maintaining the project;
       ``(F) a realistic schedule for construction and equipment 
     for the project;
       ``(G) an environmental assessment;
       ``(H) a preliminary identification of the 1 or more 
     organizations that will construct and operate the project; 
     and
       ``(I) a cost-benefit analysis and tentative financial plan 
     for construction and operation of the project.
       ``(3) Deadline for applications.--The Secretary shall 
     establish an annual deadline for receipt of applications 
     under this subsection.
       ``(4) Evaluation.--The Secretary shall evaluate all 
     applications received by the annual deadline to determine 
     whether the applications meet criteria established by the 
     Secretary.
       ``(5) Selection.--The Secretary, except as otherwise 
     provided in this section, shall select for Federal support 
     for preconstruction planning any project that the Secretary 
     determines meets the criteria.
       ``(c) Phase II--Environmental Impact Studies.--
       ``(1) In general.--A State, State-designated authority, or 
     multistate-designated authority or special purpose entity 
     that has conducted (under this section or any other provision 
     of law) 1 or more studies that address each of the 
     requirements of subsection (b)(2) may apply for Federal 
     funding to assist in--
       ``(A) preparing an environmental impact statement or 
     similar analysis required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
       ``(B) planning for construction, operation, and maintenance 
     of a MAGLEV project.
       ``(2) Deadline for applications.--
       ``(A) In general.--The Secretary shall--
       ``(i) establish an annual deadline for receipt of Phase II 
     applications; and
       ``(ii) evaluate all applications received by that deadline 
     in accordance with criteria established under subparagraph 
     (B).
       ``(B) Criteria.--The Secretary shall establish criteria to 
     evaluate applications that include whether--
       ``(i) the technology selected is available for deployment 
     at the time of the application;
       ``(ii) operating revenues combined with known and dedicated 
     sources of other revenues in any year will exceed annual 
     operation and maintenance costs;
       ``(iii) over the life of the MAGLEV project, total project 
     benefits will exceed total project costs; and
       ``(iv) the proposed capital financing plan is realistic and 
     does not assume Federal assistance that is greater than the 
     maximums specified in clause (ii).
       ``(C) Projects selected.--If the Secretary determines that 
     a MAGLEV project meets the criteria established under 
     subparagraph (B), the Secretary shall--
       ``(i) select that project for Federal Phase II support; and
       ``(ii) publish in the Federal Register a notice of intent 
     to prepare an environmental impact statement or similar 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       ``(d) Phase III--Deployment.--The State, State-designated 
     agency, multistate-designated agency, or special purpose 
     entity that is part of a public-private partnership (meeting 
     the TEA-21 criteria) sponsoring a MAGLEV project that has 
     completed a final environmental impact statement or similar 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) for both the MAGLEV project 
     and the entire corridor of which the MAGLEV project is the 
     initial operating segment, and has completed planning studies 
     for the construction, operation, and maintenance of the 
     MAGLEV project, under this or any other program, may submit 
     an application to the Secretary for Federal funding of a 
     portion of the capital costs of planning, financing, 
     constructing, and equipping the preferred alternative 
     identified in the final environmental impact statement or 
     analysis.
       ``(e) Financial Assistance.--
       ``(1) In general.--The Secretary shall make available 
     financial assistance to pay the Federal share of the full 
     project costs of projects selected under this section.
       ``(2) Prevailing wage and certain tea-21 criteria.--
     Sections 5333(a) of title 49, and

[[Page S5180]]

     the TEA-21 criteria, shall apply to financial assistance made 
     available under this section and projects funded with that 
     assistance.
       ``(3) Federal share.--
       ``(A) Phase i and phase ii.--For Phase I--preconstruction 
     planning and Phase II--environmental impact studies carried 
     out under subsections (b) and (c), respectively, the Federal 
     share of the costs of the planning and studies shall be not 
     more than \2/3\ of the full cost of the planning and studies.
       ``(B) Phase iii.--For Phase III--deployment projects 
     carried out under subsection (d), not more than \2/3\ of the 
     full capital cost of such a project shall be made available 
     from funds appropriated for this program.
       ``(4) Funding.--
       ``(A) Contract authority; authorization of 
     appropriations.--
       ``(i) In general.--There is authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) for fiscal years 2005 through 2009 to carry out this 
     section--

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

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

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

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

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

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

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

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

       ``(I) $500,000,000 for fiscal year 2005;
       ``(II) $650,000,000 for fiscal year 2006;
       ``(III) $850,000,000 for fiscal year 2007;
       ``(IV) $850,000,000 for fiscal year 2008; and
       ``(V) $600,000,000 for fiscal year 2009.

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

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

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

``322. High-speed magnetic levitation system deployment program.''.
                                 ______
                                 
  SA 760. Mr. VOINOVICH (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed to amendment SA 605 proposed by Mr. 
Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

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

                          ____________________