[Congressional Record Volume 158, Number 26 (Thursday, February 16, 2012)]
[Senate]
[Pages S860-S874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1663. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. __001. WAIVER OF FUEL REQUIREMENTS.

       Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 
     7545(c)(4)(C)) is amended--
       (1) in clause (ii)(II), by inserting ``an unexpected 
     problem with distribution or delivery equipment that is 
     necessary for the transportation or delivery of fuel or fuel 
     additives,'' after ``equipment failure,''; and
       (2) by redesignating the second clause (v) (relating to the 
     authority of the Administrator to approve certain State 
     implementation plans) as clause (vi).

     SEC. __002. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

       Section 1509 of the Energy Policy Act of 2005 (Public Law 
     109 58; 119 Stat. 1083) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A), by inserting ``biofuels,'' after 
     ``oxygenated fuel'';
       (B) in paragraph (2)--
       (i) in subparagraph (B)--

       (I) by redesignating clause (ii) as clause (iii);
       (II) in clause (i), by striking ``and'' after the 
     semicolon; and
       (III) by inserting after clause (i) the following:

       ``(ii) the renewable fuels standard; and''; and
       (ii) in subparagraph (G), by striking ``Tier II'' and 
     inserting ``Tier III''; and
       (2) in subsection (b)(1), by striking ``2008'' and 
     inserting ``2014''.
                                 ______
                                 
  SA 1664. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       In division D, at the end, add the following:

     SEC. ____. ADDITIONAL TRANSFER TO HIGHWAY TRUST FUND.

       Subsection (f) of section 9503 of the Internal Revenue Code 
     of 1986, as amended by this Act, is amended by redesignating 
     paragraph (5) as paragraph (6) and by inserting after 
     paragraph (4) the following new paragraph:
       ``(7) Transfer of additional resulting revenues.--Out of 
     money in the Treasury not otherwise appropriated, there are 
     hereby appropriated to the Highway Trust Fund amounts 
     equivalent to the increases in revenues received in the 
     Treasury resulting from

[[Page S861]]

     the provisions of, and amendments made by division D of the 
     Highway Investment, Job Creation, and Economic Growth Act of 
     2012, which are not otherwise subject to appropriation or 
     transfer to the Highway Trust Fund.''.
                                 ______
                                 
  SA 1665. Mr. CARPER (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 324, line 16, insert ``149(k),'' after ``148(h),''.
       On page 325, line 10, strike ``and''.
       On page 325, between lines 12 and 13, insert the following:
       ``(iii) the congestion mitigation and air quality 
     performance plan; and
       On page 325, line 13, strike ``(iii)'' and insert ``(iv)''.
                                 ______
                                 
  SA 1666. Mr. CARPER (for himself, Mr. Alexander and Mr. Boozman) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       In section 149(b)(1) of title 23, United States Code (as 
     amended by section 11013), strike ``(G) if the project'' and 
     all that follows through ``(H) if the Secretary'' and insert 
     the following:
       ``(G) if the project involves the installation of battery 
     charging or replacement facilities for electric-drive 
     vehicles, or refueling facilities for alternative-fuel 
     vehicles;
       ``(H) if the project or program shifts traffic demand to 
     nonpeak hours or other transportation modes, increases 
     vehicle occupancy rates, or otherwise reduces demand for 
     roads through such means as telecommuting, ridesharing, 
     carsharing, alternative work hours, and pricing; or
       ``(I) if the Secretary
                                 ______
                                 
  SA 1667. Mr. NELSON of Nebraska (for himself and Mrs. Hutchison) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 527, strike line 22 and all that follows through 
     page 529, line 8, and insert the following:
       ``(2) Regional university transportation centers.--
       ``(A) Location of regional centers.--One regional 
     university transportation center shall be located in each of 
     the 10 Federal regions that comprise the Standard Federal 
     Regions established by the Office of Management and Budget in 
     the document entitled `Standard Federal Regions' and dated 
     April, 1974 (circular A 105).
       ``(B) Selection criteria.--In conducting a competition 
     under subsection (b), the Secretary shall provide grants to 
     10 recipients on the basis of--
       ``(i) the criteria described in subsection (b)(2);
       ``(ii) the location of the center within the Federal region 
     to be served; and
       ``(iii) whether or not the institution (or, in the case of 
     a consortium of institutions, the lead institution) 
     demonstrates that the institution has a well-established, 
     nationally recognized program in transportation research and 
     education, as evidenced by--

       ``(I) for each of the preceding 5 years, not less than 
     $2,000,000 in highway or public transportation research 
     expenditures per year;
       ``(II) for each of the preceding 5 years, not less than 10 
     graduate degrees awarded in professional fields closely 
     related to highways and public transportation per year; and
       ``(III) during the preceding 5 years, not less than 5 
     tenured or tenure-track faculty members who--

       ``(aa) specialize, on a full-time basis, in professional 
     fields closely related to highways and public transportation; 
     and
       ``(bb) as a group, have published a total of not less than 
     50 refereed journal publications on highway or public 
     transportation research.
       ``(C) Restrictions.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $3,500,000 
     for each recipient.
       ``(D) Matching requirements.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 100 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) or 505 of title 23; and
       ``(II) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(3) Tier 1 university transportation centers.--
       ``(A) In general.--For each of fiscal years 2012 and 2013 
     and subject to subparagraph (B), the Secretary shall provide 
     grants to not more than 15 recipients that the Secretary 
     determines best meet the criteria described in subsection 
     (b)(2).
       ``(B) Restrictions.--
       ``(i) In general.--For each fiscal year, a grant made 
     available under this paragraph shall not exceed $3,500,000 
     for each recipient.
       ``(ii) Focused research.--At least 2 of the recipients 
     awarded a grant under this paragraph shall have expertise in, 
     and focus research on, public transportation issues.
       ``(C) Matching requirement.--
       ``(i) In general.--As a condition of receiving a grant 
     under this paragraph, a grant recipient shall match 100 
     percent of the amounts made available under the grant.
       ``(ii) Sources.--The matching amounts referred to in clause 
     (i) may include amounts made available to the recipient 
     under--

       ``(I) section 504(b) or 505 of title 23; and
       ``(II) subject to prior approval by the Secretary, a 
     transportation-related grant from the National Science 
     Foundation.

       ``(4) Tier 2 university transportation centers.--
                                 ______
                                 
  SA 1668. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15__. INTERSTATE SYSTEM RECONSTRUCTION AND 
                   REHABILITATION PILOT PROGRAM.

       Section 1216 of the Transportation Equity Act for the 21st 
     Century (23 U.S.C. 129 note; 1212 Stat. 212) is amended by 
     striking subsection (b).
                                 ______
                                 
  SA 1669. Mr. McCAIN (for himself, Mr. Reid, Mr. Heller, and Mr. Kyl) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRCRAFT NOISE ABATEMENT.

       (a) In General.--Section 3 of Public Law 100 91 (16 U.S.C. 
     1a 1 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``(a)'' and inserting the following:
       ``(a) Finding.--''; and
       (B) by inserting ``commercial air tour'' before 
     ``aircraft'' each place such term appears; and
       (2) in section (b)--
       (A) in paragraph (1), by striking ``associated with 
     aircraft''inserting ``associated with commercial air tour 
     aircraft''; and
       (B) in paragraph (2), by striking ``air traffic'' and 
     inserting ``commercial air tour traffic''.
       (b) Savings Provisions.--
       (1) Jurisdiction of national airspace.--None of the 
     environmental recommendations for commercial air tour 
     operations required under section 3(b)(1) of Public Law 100 
     91 (16 U.S.C. 1a 1 note), including raising the flight-free 
     zone altitude ceilings above the ceilings in effect on the 
     date of the enactment of this Act, shall affect the 
     management of the National Airspace System, as determined by 
     the Administrator of the Federal Aviation Administration.
       (2) Effect of nepa determinations.--None of the 
     environmental thresholds, analyses, or impact determinations 
     that are included in the environmental impact statement 
     prepared by the National Park Service for the plan required 
     under section 3(b)(2) of Public Law 100 91 shall have broader 
     application or be given deference beyond the application of 
     such Act.
       (c) Conversion to Quiet Technology Aircraft.--
       (1) In general.--Not later than 15 years after the date of 
     the enactment of this Act, all commercial air tour aircraft 
     operating in the Grand Canyon National Park Special Flight 
     Rules Area shall be required to fully convert to quiet 
     aircraft technology (as determined in accordance with 
     regulations in effect on the day before the date of the 
     enactment of this Act).
       (2) Conversion incentives.--Not later than 60 days after 
     the date of the enactment of this Act, the Director of the 
     National Park Service and the Administrator of the Federal 
     Aviation Administration shall provide incentives for 
     commercial air tour operators that convert to quiet aircraft 
     technology (as determined in accordance with the regulations 
     in effect on the day before the date of the enactment of this 
     Act) before the date specified in paragraph (1), such as 
     increasing the flight allocations for such operators on a net 
     basis consistent with section 804 of the National Park Air 
     Tours Management Act of 2000 (title VIII of Public Law 106 
     181).
       (d) Review.--Not later than 90 days after the date of the 
     enactment of this Act, the National Academy of Sciences shall 
     conduct a review of the National Park Service's noise impact 
     criteria and noise thresholds, and the mitigating impact of 
     quiet technology aircraft in existence on the date of the 
     enactment of this Act on the outdoor environment of Grand 
     Canyon National Park.
                                 ______
                                 
  SA 1670. Mr. CARPER (for himself, Mr. Kirk, and Mr. Warner) submitted 
an amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway

[[Page S862]]

safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 469, after line 22, add the following:

     SEC. 15__. REMOVAL OF FEDERAL PROGRAM LIMITATIONS.

       (a) Innovative Surface Transportation Financing Methods.--
       (1) Value pricing pilot program.--Section 1012(b)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 149 note; 105 Stat. 1938) is amended in the second 
     sentence by striking ``as many as 15 such State or local 
     governments or public authorities'' and inserting ``States, 
     local governments, and public authorities''.
       (2) Interstate system reconstruction and rehabilitation 
     pilot program.--Section 1216(b)(2) of the Transportation 
     Equity Act for the 21st Century (23 U.S.C. 129 note; 112 
     Stat. 212) is amended--
       (A) in the first sentence, by striking ``3'' and inserting 
     ``10''; and
       (B) by striking the second sentence.
       (b) Express Lanes Demonstration Program.--Section 
     1604(b)(2) of the SAFETEA LU (23 U.S.C. 129 note; 119 Stat. 
     1250) is amended in the matter preceding subparagraph (A)--
       (1) by striking ``15''; and
       (2) by striking ``2005 through 2009'' and inserting ``2012 
     through 2013''.
       (c) Interstate System Construction Toll Pilot Program.--
     Section 1604(c) of the SAFETEA LU (23 U.S.C. 129 note; 119 
     Stat. 1253) is amended--
       (1) by striking paragraph (2);
       (2) by redesignating paragraphs (9) and (1) as paragraphs 
     (1) and (2), respectively; and
       (3) in paragraph (8), by striking ``the date of enactment 
     of this Act'' and inserting ``the date of enactment of the 
     MAP 21''.
                                 ______
                                 
  SA 1671. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 141, lines 17 and 18, strike ``day before the date 
     of enactment of the MAP-21,'' and insert ``date on which the 
     eligible entity enters into a prime contract or agreement 
     with a State to carry out a covered highway construction 
     project (as defined in section 330(b)(2)),''.
       On page 152, strike line 22 and insert the following:

     ``achieve the objectives of that section and ensure that the 
     bid proceeding and award of the contract for any covered 
     highway construction project carried out under that section 
     will be--

       ``(I) made without regard to the particulate matter 
     emission levels of the fleet of the eligible entity; and
       ``(II) consistent with existing requirements for full and 
     open competition under section 112.

       On page 443, strike lines 16 through 19 and insert the 
     following:

     ``not meet current model year new engine standards for 
     particulate matter for the applicable engine power group 
     issued by the Environmental Protection Agency, on a covered 
     highway construction project
       On page 444, line 17, strike ``or''.
       On page 444, at the end of line 19, insert ``or''.
       On page 444, strike lines 18 through 20 and insert the 
     following:
       ``(iv) an idle reduction control technology; or
       ``(v) any combination of the technologies listed in clauses 
     (i) through (iv);
       ``(B) reduces particulate matter emission from covered''.
       On page 446, strike lines 3 through 5 and insert the 
     following:
       ``(C) Exclusions.--The term `nonroad diesel equipment' does 
     not include--
       ``(i) a locomotive or marine vessel; or
       ``(ii) any project with a total budgeted cost not to exceed 
     $5,000,000 (which, notwithstanding any other provision of 
     this section, may be excluded from the requirement to comply 
     with this section by an applicable State or metropolitan 
     planning organization).
       On page 446, strike line 19 and insert the following:
       ``(c) Criteria Eligible Activities.--For purposes of 
     subsection (b)(3)(A):
       On page 446, line 25, strike ``non-road'' and insert 
     ``nonroad''.
       On page 447, line 1, strike ``non-road'' and insert 
     ``nonroad''.
       On page 447, lines 4 through 5, strike ``day before the 
     date of enactment of the MAP-21; and'' and insert ``date on 
     which the eligible entity enters into a prime contract or 
     agreement with a State to carry out a covered highway 
     construction project; and''.
       On page 447, strike line 10 and insert the following:

     duction in particulate matter.
       On page 447, line 14, insert ``or remanufactured'' after 
     ``new''.
       On page 447, line 16, strike ``non-road'' and insert 
     ``nonroad''.
       On page 447, line 17, strike ``non-road'' and insert 
     ``nonroad''.
       On page 447, lines 20 through 21, strike ``day before the 
     date of enactment of the MAP-21; and'' and insert ``date on 
     which the eligible entity enters into a prime contract or 
     agreement with a State to carry out a covered highway 
     construction project; and''.
       On page 448, strike line 2 and insert the following:

     particulate matter.
       On page 448, line 4, strike ``on'' and insert ``using''.
       On page 448, strike lines 8 through 14 and insert the 
     following:

     the condition that the replaced engine is returned to the 
     supplier for remanufacturing to a more stringent set of 
     engine emissions standards or for use as scrap; and.
       On page 448, strike lines 15 through 20 and insert the 
     following:
       ``(B) certified by the engine manufacturer as meeting a 
     more stringent engine particulate matter emission standard 
     for the applicable engine power group established by the 
     Environmental Protection Agency than the engine particulate 
     matter emission standard applicable to the replaced engine.
       On page 449, line 2, strike ``non-road'' and insert 
     ``nonroad''.
       On page 449, line 3, strike ``non-road'' and insert 
     ``nonroad''.
       On page 449, lines 6 and 7, strike ``day before the date of 
     enactment of the MAP-21; and'' and insert ``date on which the 
     eligible entity enters into a prime contract or agreement 
     with a State to carry out a covered highway construction 
     project; and''.
       On page 449, strike line 12 and insert the following:

     ``duction in particulate matter.
       ``(d) Eligibility for Credits.--
       ``(1) In general.--A State may take credit in a State 
     implementation plan for national ambient air quality 
     standards for any emission reductions that result from the 
     implementation of this section.
       ``(2) Crediting.--An emission reduction described in 
     paragraph (1) may be credited toward demonstrating conformity 
     of State implementation plans and transportation plans.''.
       On page 449, line 18, strike ``21 years'' and insert ``1 
     year''.
                                 ______
                                 
  SA 1672. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 180, strike lines 17 through 23 and insert the 
     following:
       ``(4) Other eligible costs.--In addition to eligible 
     project costs, a State may use funds apportioned under 
     section 104(b)(5) for the necessary costs of--
       ``(A) conducting analyses and data collection;
       ``(B) developing and updating performance targets;
       ``(C) reporting to the Secretary to comply with subsection 
     (i); or
       ``(D) carrying out diesel retrofits or alternative fuel 
     projects defined under section 149 for class 8 vehicles.
       On page 185, strike lines 3 and 4 and insert the following:
       ``(ii) the total freight tonnage and value of freight moved 
     by all modes of transportation;
       On page 186, line 10, strike ``or''.
       On page 186, line 18, strike the period and insert ``; 
     or''.
       On page 186, between lines 18 and 19, insert the following:
       ``(3) carries a high volume of freight, as measured by 
     total freight tonnage or total value of freight, compared to 
     other rural roads in the State.
       On page 187, strike lines 5 through 7 and insert the 
     following:
       ``(B) an identification of highway bottlenecks on the 
     national freight network that create significant freight 
     congestion problems, based on a quantitative methodology 
     developed by the Secretary for calculating the national 
     economic significance of highway bottlenecks on the national 
     freight network;
                                 ______
                                 
  SA 1673. Mr. LEAHY (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSIT-ORIENTED CAR SHARING PROJECTS.

       Section 5302 of title 49, United States Code, as amended by 
     this Act, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (K)(ii), by striking ``or'' at the end;
       (B) in subparagraph (L)(ii), by striking the period at the 
     end and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(M) transit-oriented car sharing.'';
       (2) by redesignating paragraphs (20) and (21) as paragraphs 
     (21) and (22), respectively; and
       (3) by inserting after paragraph (19) the following:
       ``(20) Transit-oriented car sharing.--The term `transit-
     oriented car sharing', when used with respect to a project, 
     means a project that--
       ``(A) is designed--

[[Page S863]]

       ``(i) to achieve local, community-based environmental and 
     social objectives by acquiring or contracting for equipment 
     or a facility for use in providing cars through a membership 
     based service that is available to all qualified drivers in a 
     community, including expenses incidental to such acquisition 
     and to the marketing of the service (including vehicle 
     acquisition, insurance, and acquiring parking facilities);
       ``(ii) for use during a short time and for short-distance 
     trips; and
       ``(iii) as an extension of a public transportation system;
       ``(B) provides accessible, low-cost vehicles serving many 
     types of individuals; and
       ``(C) is transit-oriented and promotes walking, biking, and 
     public transportation as primary methods of 
     transportation.''.
                                 ______
                                 
  SA 1674. Mr. CASEY (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 585, strike line 22 and all that follows 
     through page 586, line 4, and insert the following:
       ``(1) defines a recommended implementation path for 
     dedicated short-range communications technology and 
     applications;
       ``(2) includes guidance on the relationship of the proposed 
     deployment of dedicated short-range communications to the 
     National ITS Architecture and ITS Standards; and
       ``(3) ensures competition by not preferencing the use of 
     any particular frequency for vehicle to infrastructure 
     operations.
                                 ______
                                 
  SA 1675. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 491, strike lines 5 through 8 and insert the 
     following:

       ``(XVII) studies on the effectiveness of fiber-based 
     additives to improve the durability of surface transportation 
     materials in various geographic regions
       ``(XVIII) studies of infrastructure resilience and other 
     adaptation measures; and
       ``(XIX) maintenance of seismic

                                 ______
                                 
  SA 1676. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 435, strike line 22 and all that follows 
     through page 437, line 10, and insert the following:
       (2) by striking subsection (e) and inserting the following:
       ``(e) Emergency Relief.--The Federal share payable for any 
     repair or reconstruction provided for by funds made available 
     under section 125 for any project on a Federal-aid highway, 
     including the Interstate System, shall not exceed the Federal 
     share payable on a project on the system as provided in 
     subsections (a) and (b), except that--
       ``(1) the Federal share payable for eligible emergency 
     repairs to minimize damage, protect facilities, or restore 
     essential traffic accomplished within 180 days after the 
     actual occurrence of the natural disaster or catastrophic 
     failure may amount to 100 percent of the cost of the repairs;
       ``(2) the Federal share payable for any repair or 
     reconstruction of Federal land transportation facilities and 
     tribal transportation facilities may amount to 100 percent of 
     the cost of the repair or reconstruction;
       ``(3) the Secretary shall extend the time period in 
     paragraph (1) taking into consideration any delay in the 
     ability of the State to access damaged facilities to evaluate 
     damage and the cost of repair; and
       ``(4) the Federal share payable for eligible permanent 
     repairs to restore damaged facilities to predisaster 
     condition may amount to 100 percent of the cost of the 
     repairs if the eligible expenses incurred by the State due to 
     natural disasters or catastrophic failures in a Federal 
     fiscal year exceeds the annual apportionment of the State 
     under section 104 for the fiscal year in which the disasters 
     or failures occurred.'';
                                 ______
                                 
  SA 1677. Mr. SANDERS (for himself, Mr. Menendez, Mr. Lautenberg, and 
Mr. Leahy) submitted an amendment intended to be proposed by him to the 
bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 469, after line 22, insert the following:

     SEC. 15___. WEATHERIZATION ASSISTANCE PROGRAM FOR LOW-INCOME 
                   PERSONS FORMULA.

       Notwithstanding the Consolidated Appropriations Act, 2012 
     (Public Law 112 74) or any amendment made by that Act, the 
     Secretary of Energy shall distribute amounts allocated for 
     the Weatherization Assistance Program for Low-Income Persons 
     established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.) for 
     fiscal year 2012 in accordance with the allocation formula in 
     section 414(a) of that Act (42 U.S.C. 6864(a)) (as in effect 
     on the day before the date of enactment of the Consolidated 
     Appropriations Act, 2012 (Public Law 112 74)).
                                 ______
                                 
  SA 1678. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. OPERATING COST OF EQUIPMENT AND FACILITIES FOR 
                   PUBLIC TRANSPORTATION SYSTEMS THAT OPERATE 
                   FEWER THAN 50 BUSES.

       Section 5307(a)(2) of title 49, United States Code, as 
     amended by this Act, is amended--
       (1) in subparagraph (A), by striking ``75 or fewer'' and 
     inserting ``a minimum of 50 buses and a maximum of 75'';
       (2) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively; and
       (3) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) for public transportation systems that operate fewer 
     than 50 buses during peak service hours, in an amount not to 
     exceed 100 percent of the share of the apportionment which is 
     attributable to such systems within the urbanized area, as 
     measured by vehicle revenue hours;''.
                                 ______
                                 
  SA 1679. Mrs. SHAHEEN (for herself, Ms. Murkowski, Ms. Collins, Mr. 
Levin, Ms. Klobuchar, Mr. Sanders, Mr. Begich, Mr. Leahy, and Ms. 
Stabenow) submitted an amendment intended to be proposed by her to the 
bill S. 1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       Beginning on page 264, strike line 23 and all that follows 
     through page 267, line 9, and insert the following:
       ``(5) Special rules for small metropolitan planning 
     organizations.--
       ``(A) In general.--Subject to subparagraph (B), a 
     metropolitan planning organization subject to this section 
     and chapter 53 of title 49 (as in effect on the day before 
     the date of enactment of the MAP-21) shall continue to be 
     designated as a metropolitan planning organization subject to 
     this section (as amended by that Act) if the metropolitan 
     planning organization--
       ``(i) serves an urbanized area; and
       ``(ii) the population of the urbanized area is more than 
     50,000 individuals and less than 200,000 individuals.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Governor and units of general purpose local government--
       ``(i) agree to terminate the designation described in 
     subparagraph (A); and
       ``(ii) together represent at least 75 percent of the 
     population described in subparagraph (A)(ii), based on the 
     latest available decennial census conducted under section 
     141(a) of title 13, United States Code.
       ``(C) Treatment.--A metropolitan planning organization 
     described in subparagraph (A) shall be treated, for purposes 
     this section and chapter 53 of title 49 as a metropolitan 
     planning organization that is subject to this section (as 
     amended by the MAP-21).
       On page 267, line 10, strike ``(8)'' and insert ``(6)''.
                                 ______
                                 
  SA 1680. Mr. BINGAMAN (for himself, and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 45, between lines 3 and 4, insert the following:
       ``(C) Further adjustment for privatized highways.--
       ``(i) Definition of privatized highway.--In this 
     subparagraph:

       ``(I) In general.--The term `privatized highway' means a 
     highway that was formerly a publically operated toll road 
     that is subject to an agreement giving a private entity--

       ``(aa) control over the operation of the highway; and
       ``(bb) ownership over the toll revenues collected from the 
     operation of the highway.

       ``(II) Exclusion.--The term `privatized highway' does not 
     include any highway or toll road that was originally--

       ``(aa) financed and constructed using private funds; and
       ``(bb) operated by a private entity.
       ``(ii) Adjustment.--After making the adjustments to the 
     apportionment of a State under subparagraphs (A) and (B), the 
     Secretary shall further adjust the amount to be apportioned 
     to the State by reducing the apportionment by an amount equal 
     to the product obtained by multiplying--

       ``(I) the amount to be apportioned to the State, as so 
     adjusted under those subparagraphs; and

[[Page S864]]

       ``(II) the percentage described in clause (iii).

       ``(iii) Percentage.--The percentage referred to in clause 
     (ii) is the percentage equal to the sum obtained by adding--

       ``(I) the product obtained by multiplying--

       ``(aa) \1/2\; and
       ``(bb) the proportion that--
       ``(AA) the total number of lane miles on privatized highway 
     lanes on National Highway System routes in a State; bears to
       ``(BB) the total number of all lane miles on National 
     Highway System routes in the State; and

       ``(II) the product obtained by multiplying--

       ``(aa) \1/2\; and
       ``(bb) the proportion that--
       ``(AA) the total number of vehicle miles traveled on 
     privatized highway lanes on National Highway System routes in 
     the State; bears to
       ``(BB) the total number of vehicle miles traveled on all 
     lanes on National Highway System routes in the State.
                                 ______
                                 
  SA 1681. Ms. COLLINS (for herself, Mr. Brown of Massachusetts, Mr. 
Levin, Mr. Kyl, Mr. Akaka, and Mr. Coburn) submitted an amendment 
intended to be proposed by her to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY OF HEALTH EFFECTS OF BACKSCATTER X-RAY 
                   MACHINES.

       (a) In General.--The Under Secretary for Science and 
     Technology in the Department of Homeland Security shall 
     provide for the conduct of an independent study of the 
     effects on human health caused by the use of backscatter x-
     ray machines at airline checkpoints operated by the 
     Transportation Security Administration.
       (b) Requirements for Study.--
       (1) Conduct.--The study required under subsection (a) shall 
     be--
       (A) initiated not later than 90 days after the date of the 
     enactment of this Act;
       (B) conducted by an independent laboratory selected by the 
     Under Secretary, in consultation with the National Science 
     Foundation, from among laboratories with expertise in the 
     conduct of similar studies; and
       (C) to the maximum extent practicable, consistent with 
     standard evaluations of radiological medical equipment.
       (2) Testing equipment.--In conducting the study, the 
     laboratory shall, to the maximum extent practicable--
       (A) use calibration testing equipment developed by the 
     laboratory for purposes of study; and
       (B) use commercially-available calibration testing 
     equipment as a control.
       (3) Elements.--In conducting the study, the laboratory 
     shall, to the maximum extent practicable and consistent with 
     recognized protocols for independent scientific testing--
       (A) dismantle and evaluate one or more backscatter x-ray 
     machine used at airline checkpoints operated by the 
     Transportation Security Administration in order to 
     determine--
       (i) the placement of testing equipment so that radiation 
     emission readings during the testing of such machines are as 
     accurate as possible; and
       (ii) how best to measure the dose emitted per scan;
       (B) determine the failure rates and effects of use of such 
     machines;
       (C) include the use of alternative testing methods in the 
     determination of levels of radiation exposure (such as an 
     examination of enzyme levels after x-ray exposure to 
     determine if there is a biological response to cellular 
     damage caused by such an exposure);
       (D) assess the fail-safe mechanisms of such machines in 
     order to determine the optimal operating efficacy of such 
     machines;
       (E) ensure that any tests performed are replicable;
       (F) obtain peer review of any tests performed; and
       (G) meet such other requirements as the Under Secretary 
     shall specify for purposes of the study.
       (4) Report.--
       (A) Evaluation.--The Under Secretary shall provide for an 
     independent panel, in consultation with the National Science 
     Foundation, with expertise in conducting similar evaluations, 
     to evaluate the data collected under the study to assess the 
     health risks posed by backscatter x-ray machines to 
     individuals and groups of people screened or affected by such 
     machines, including--
       (i) frequent air travelers;
       (ii) employees of the Transportation Security 
     Administration;
       (iii) flight crews;
       (iv) other individuals who work at an airport; and
       (v) individuals with greater sensitivity to radiation, such 
     as children, pregnant women, the elderly, and cancer 
     patients.
       (B) Considerations.--In conducting the evaluation under 
     subparagraph (A), the panel shall--
       (i) conduct a literature review of relevant clinical and 
     academic literature; and
       (ii) consider the risk of backscatter x-ray technology from 
     a public health perspective in addition to the individual 
     risk to each airline passenger.
       (C) Reports.--
       (i) Progress reports.--Not later than 90 days after the 
     date of the enactment of this Act, and periodically 
     thereafter until the final report is submitted pursuant to 
     clause (ii), the Under Secretary shall submit a report to 
     Congress that contains the preliminary findings of the study 
     conducted under this subsection.
       (ii) Final report.--Not later than 90 days after the date 
     on which the panel completes the evaluation required under 
     this paragraph, the Under Secretary shall submit a report to 
     Congress that contains the result of the study and evaluation 
     conducted under this subsection.
       (c) Signage Requirement Relating to Backscatter x-ray 
     Machines.--The Administrator of the Transportation Security 
     Administration shall ensure that large, easily readable signs 
     or equivalent electronic displays are placed at the front of 
     airline passenger check point queues where backscatter 
     advanced imaging technology machines are used for screening 
     to inform airline passengers, particularly passengers who may 
     be sensitive to radiation exposure, that they may request to 
     undergo alternative screening procedures instead of passing 
     through a backscatter x-ray machine.
                                 ______
                                 
  SA 1682. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 128, line 9, strike ``(2)'' and insert the 
     following:
       ``(2) Priority projects.--In selecting projects under 
     paragraph (1), priority shall be given to projects that 
     address safety improvement in areas with a high number of 
     pedestrian accidents.
       ``(3)
                                 ______
                                 
  SA 1683. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 157, line 8, strike ``reduction''.
                                 ______
                                 
  SA 1684. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 602, between lines 3 and 4, insert the following:
       ``(3) Coterminus obligations.--Since a secured loan under 
     section 603 constitutes Federal aid under this title, the 
     obligations set forth in section 129 shall be coterminus with 
     the successful repayment of such loan.
                                 ______
                                 
  SA 1685. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER 
                   TOLL, USER FEE, OR FARE DISCOUNT PROGRAMS.

       (a) Purpose.--The purpose of this section is to expressly 
     authorize the establishment of programs that offer discounted 
     transportation tolls, user fees, and fares for residents in 
     specific geographic areas, as necessary or appropriate.
       (b) Authority To Provide Residential or Commuter Toll, User 
     Fee, or Fare Discount Programs.--
       (1) In general.--States, counties, municipalities, and 
     multi-jurisdictional transportation authorities that operate 
     or manage roads, highways, bridges, railroads, busses, 
     ferries, or other transportation systems are authorized to 
     establish programs that offer discounted transportation 
     tolls, user fees, or other fares for residents of specific 
     geographic areas in order to reduce or alleviate toll burdens 
     imposed upon such residents.
       (2) Retroactive applicability.--The authority set forth in 
     paragraph (1) shall apply to residential or commuter toll, 
     user fee, and fare discount programs established before, on, 
     or after the date of the enactment of this Act.
       (c) Rulemaking With Respect to the State, Local, or Agency 
     Provision of Toll, User Fee, or Fare Discount Programs to 
     Local Residents or Commuters.--States, counties, 
     municipalities, and multi-jurisdictional transportation 
     authorities that operate or manage roads, highways, bridges, 
     railroads, busses, ferries, or other transportation systems 
     are authorized to enact such rules or regulations that may be 
     necessary to establish the programs authorized under 
     subsection (b).
       (d) Rule of Construction.--Nothing in this section may be 
     construed to limit or otherwise interfere with the authority, 
     as of the date of the enactment of this Act, of States, 
     counties, municipalities, and multi-jurisdictional 
     transportation authorities that operate or manage roads, 
     highways, bridges, railroads, busses, ferries, or other 
     transportation systems.

[[Page S865]]

                                 ______
                                 
  SA 1686. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 31115. MAXIMUM HOUR REQUIREMENTS.

       Section 13(b)(1) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 213(b)(1)) is amended by inserting before the 
     semicolon the following: ``, except a driver of an `over-the-
     road bus' (as defined in section 3038(a)(3) of the 
     Transportation Equity Act for the 21st Century (Public Law 
     105 178; 49 U.S.C. 5310 note))''.
                                 ______
                                 
  SA 1687. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISCLOSURE OF SAFETY PERFORMANCE RATINGS OF 
                   MOTORCOACH SERVICES AND OPERATIONS.

       (a) In General.--Subchapter I of chapter 141 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  14105. Safety performance ratings of motorcoach 
       services and operations

       ``(a) Definitions.--In this section:
       ``(1) Motorcoach.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `motorcoach' has the meaning given to the term 
     `over-the-road bus' in section 3038(a)(3) of the 
     Transportation Equity Act for the 21st Century (49 U.S.C. 
     5310 note).
       ``(B) Inclusions and exclusions.--The term `motorcoach'--
       ``(i) includes a motor vehicle used to transport passengers 
     that has a gross vehicle weight of at least 10,001 pounds; 
     and
       ``(ii) does not include--

       ``(I) a bus used in public transportation that is provided 
     by a State or local government; or
       ``(II) a school bus (as defined in section 30125(a)(1)), 
     including a multifunction school activity bus.

       ``(2) Motorcoach services and operations.--The term 
     `motorcoach services and operations' means passenger 
     transportation by a motorcoach for compensation.
       ``(b) Rulemaking.--
       ``(1) In general.--Not later than 1 year after the date on 
     which the safety fitness determination rule is implemented, 
     the Secretary shall require, by regulation--
       ``(A) each motor carrier that owns or leases 1 or more 
     motorcoaches that transport passengers subject to the 
     Secretary's jurisdiction under section 13501 to display 
     prominently in each terminal of departure, on the motorcoach 
     if the motorcoach does not depart from a terminal, and at all 
     points of sale for such motorcoach services and operations, a 
     simple and understandable letter grade rating system that 
     allows motorcoach passengers to compare the safety 
     performance of motorcoach operators; and
       ``(B) any person who sells tickets for motorcoach services 
     and operations to display the letter grade rating system 
     described in subparagraph (A) at all points of sale for such 
     motorcoach services and operations.
       ``(2) Items included in the rulemaking.--In promulgating 
     safety performance ratings for motorcoaches pursuant to the 
     rulemaking required under paragraph (1), the Secretary shall 
     consider--
       ``(A) the frequency with which safety performance ratings 
     will be assigned and updated, which updates shall take place 
     at least once per year;
       ``(B) the specific data elements and sources of information 
     to be utilized in establishing and updating safety 
     performance ratings for motorcoaches;
       ``(C) the need and extent to which safety performance 
     ratings should be made available in languages other than 
     English; and
       ``(D) penalties authorized under section 521.
       ``(3) Insufficient inspections.--Any motor carrier for 
     which insufficient safety data is available shall display a 
     label warning of such insufficiency.
       ``(c) Effect on State and Local Law.--Nothing in this 
     section may be construed to preempt a State, or a political 
     subdivision of a State, from enforcing any requirements 
     concerning the manner and content of consumer information 
     provided by motor carriers that are not subject to the 
     Secretary's jurisdiction under section 13501.''.
       (b) Clerical Amendment.--The analysis of chapter 141 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 14104 the following:

``Sec. 14105. Safety performance ratings of motorcoach services and 
              operations.''.
                                 ______
                                 
  SA 1688. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTROLLING HELICOPTER NOISE POLLUTION IN 
                   RESIDENTIAL AREAS.

       (a) Rulemaking With Respect to Reducing Helicopter Noise 
     Pollution.--
       (1) New york north shore helicopter route.--Not later than 
     1 year after the date of the enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     issue a final rule in Docket No. FAA-2010-0302 (The New York 
     North Shore Helicopter Route), without additional notice and 
     comment. The final rule shall include--
       (A) a requirement for helicopter operators to utilize the 
     North Shore route, as charted, when operating in that area of 
     Long Island, New York;
       (B) a requirement for helicopter operations to enter and 
     exit the west terminus of North Shore Helicopter Route over 
     water at VPROK;
       (C) appropriate safeguards for safety and operational 
     necessity, including safeguards to avoid adverse effects on 
     the safe and efficient use and management of the national 
     airspace system; and
       (D) penalties for failing to comply with the requirements 
     described in subparagraph (A).
       (2) Long island south shore route.--Not later than 18 
     months after the date of enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     issue a notice of proposed rulemaking to address helicopter 
     noise on the South Shore of Long Island, New York. The 
     proposed rule shall include--
       (A) a requirement for helicopter operators to utilize the 
     South Shore route, as charted, when operating in that area of 
     Long Island, New York;
       (B) an expansion of the existing route to include linkage 
     east of Orient and Montauk Points to the North Shore 
     Helicopter Route remaining over water;
       (C) appropriate safeguards for safety and operational 
     necessity, including safeguards to avoid adverse effects on 
     the safe and efficient use and management of the national 
     airspace system; and
       (D) penalties for failing to comply with the requirements 
     described in subparagraph (A).
       (3) Los angeles county flight paths.--Not later than 2 
     years after the date of the enactment of this Act, the 
     Administrator of the Federal Aviation Administration shall 
     prescribe regulations for helicopter operations in Los 
     Angeles County, California, that include requirements 
     relating to the flight paths and altitudes associated with 
     such operations to reduce helicopter noise pollution in 
     residential areas, increase safety, and minimize commercial 
     aircraft delays.
       (b) Exceptions for Emergency, Law Enforcement, Broadcasting 
     and Military Helicopters.--The rules required under 
     subsection (a) shall provide exceptions for helicopter 
     activity related to emergency, law enforcement, broadcast 
     news gathering, or military activities..
       (c) Compliance Monitoring.--For the 24 month period 
     following the completion of the rulemakings required in 
     subsection (a), the Administrator of the Federal Aviation 
     Administration shall monitor compliance with the rulemakings 
     required under subsection (a). This monitoring shall include 
     both the route and altitude of helicopter operations.
       (d) Consultations.--In prescribing the regulations under 
     subsection (a)(3), the Administrator of the Federal Aviation 
     Administration shall make reasonable efforts to consult with 
     local communities and local helicopter operators in order to 
     develop regulations that meet the needs of local communities, 
     helicopter operators, and the Federal Aviation 
     Administration.
       (e) Report to Congress.--Within 60 days of the conclusion 
     of the compliance monitoring required in subsection (c), the 
     Administrator shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that includes, at minimum--
       (1) the compliance rate of helicopter operations;
       (2) the average altitude of helicopter operations;
       (3) a comparison of North Shore and South Shore route use;
       (4) analysis of season, time and day use of the helicopter 
     operations; and
       (5) analysis of impact to commercial aircraft arrival and 
     departure flows.
                                 ______
                                 
  SA 1689. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INTEROPERABILITY OF ELECTRONIC TOLL COLLECTION 
                   SYSTEMS.

       (a) Definitions.--In this section:
       (1) Demonstration program area.--The term ``demonstration 
     program area'' means the toll transportation facilities that 
     are affiliated with the E-ZPass Interagency Group or located 
     in States through which Interstate Highway 95 passes.
       (2) Electronic toll collection.--the term ``electronic toll 
     collection'' means the collection of tolls based on the 
     identification and classification of vehicles through 
     electronic systems.

[[Page S866]]

       (b) Demonstration Program.--Not later than 5 years after 
     the date of the enactment of this Act, the operator of any 
     electronic toll collection facility in the demonstration 
     program area shall implement policies and procedures to 
     enable customers with accounts in good standing with any 
     other electronic toll collection system to electronically 
     pass through its toll facilities within the demonstration 
     program area.
       (c) Interoperable Electronic Toll Collection System.--Not 
     later than 10 years after the date of the enactment of this 
     Act, the operators of all toll transportation facilities 
     located on highways constructed or maintained with financial 
     assistance from the Highway Trust Fund shall jointly 
     implement a comprehensive interoperable electronic toll 
     collection system that--
       (1) promotes interstate commerce;
       (2) enhances public safety;
       (3) improves mobility; and
       (4) protects the environment.
                                 ______
                                 
  SA 1690. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 403(b)(1) of title 23, United States Code, as 
     amended by section 31103 of this bill, strike subparagraph 
     (D) and insert the following:
       ``(D) the development of technologies to detect drug 
     impaired drivers; and
       ``(E) the effect of State laws on any aspects, activities, 
     or programs described in subparagraphs (A) through (D).
                                 ______
                                 
  SA 1691. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 487, line 12, insert ``and bridge'' after 
     ``highway''.
       On page 489, line 22, insert ``and bridge'' after 
     ``highway''.
                                 ______
                                 
  SA 1692. Mr. WYDEN (for himself, Mr. Hoeven, and Mr. Begich) 
submitted an amendment intended to be proposed by him to the bill S. 
1813, to reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CREDIT TO HOLDERS OF TRIP BONDS.

       (a) Short Title.--This section may be cited as the 
     ``Transportation and Regional Infrastructure Project Bonds 
     Act of 2012'' or ``TRIP Bonds Act''.
       (b) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 54G. TRIP BONDS.

       ``(a) TRIP Bond.--For purposes of this subpart, the term 
     `TRIP bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for expenditures incurred after the date 
     of the enactment of this section for 1 or more qualified 
     projects pursuant to an allocation of such proceeds to such 
     project or projects by a State infrastructure bank,
       ``(2) the bond is issued by a State infrastructure bank and 
     is in registered form (within the meaning of section 149(a)),
       ``(3) the State infrastructure bank designates such bond 
     for purposes of this section,
       ``(4) the term of each bond which is part of such issue 
     does not exceed 30 years,
       ``(5) the issue meets the requirements of subsection (e),
       ``(6) the State infrastructure bank certifies that the 
     State meets the State contribution requirement of subsection 
     (h) with respect to such project, as in effect on the date of 
     issuance, and
       ``(7) the State infrastructure bank certifies the State 
     meets the requirement described in subsection (i).
       ``(b) Qualified Project.--For purposes of this section--
       ``(1) In general.--The term `qualified project' means the 
     capital improvements to any transportation infrastructure 
     project of any governmental unit or other person, including 
     roads, bridges, rail and transit systems, ports, and inland 
     waterways proposed and approved by a State infrastructure 
     bank, but does not include costs of operations or maintenance 
     with respect to such project.
       ``(2) Certain federal projects.--Such term may include the 
     Federal share or portion thereof, of a congressionally 
     authorized project where all environmental studies have been 
     completed and the United States Army Corps of Engineers 
     Chief's Report has been completed successfully.
       ``(c) Applicable Credit Rate.--In lieu of section 
     54A(b)(3), for purposes of section 54A(b)(2), the applicable 
     credit rate with respect to an issue under this section is 
     the rate equal to an average market yield (as of the day 
     before the date of sale of the issue) on outstanding long-
     term corporate debt obligations (determined in such manner as 
     the Secretary prescribes).
       ``(d) Limitation on Amount of Bonds Designated.--
       ``(1) In general.--The maximum aggregate face amount of 
     bonds which may be designated under subsection (a) by any 
     State infrastructure bank shall not exceed the TRIP bond 
     limitation amount allocated to such bank under paragraph (3).
       ``(2) National limitation amount.--There is a TRIP bond 
     limitation amount for each calendar year. Such limitation 
     amount is--
       ``(A) $10,000,000,000 for 2013,
       ``(B) $15,000,000,000 for 2014, and
       ``(C) except as provided in paragraph (4), zero thereafter.
       ``(3) Allocations to states.--The TRIP bond limitation 
     amount for each calendar year shall be allocated by the 
     Secretary among the States such that each State is allocated 
     2 percent of such amount.
       ``(4) Carryover of unused issuance limitation.--If for any 
     calendar year the TRIP bond limitation amount under paragraph 
     (2) exceeds the amount of TRIP bonds issued during such year, 
     such excess shall be carried forward to 1 or more succeeding 
     calendar years as an addition to the TRIP bond limitation 
     amount under paragraph (2) for such succeeding calendar year 
     and until used by issuance of TRIP bonds.
       ``(e) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance, the State infrastructure bank reasonably expects--
       ``(A) at least 100 percent of the available project 
     proceeds of such issue are to be spent for 1 or more 
     qualified projects within the 5-year expenditure period 
     beginning on such date,
       ``(B) to incur a binding commitment with a third party--
       ``(i) to spend at least 10 percent of the proceeds of such 
     issue, or
       ``(ii) to commence construction,
     with respect to such projects within the 12-month period 
     beginning on such date, and
       ``(C) to proceed with due diligence to complete such 
     projects and to spend the proceeds of such issue.
       ``(2) Rules regarding continuing compliance after 5-year 
     determination.--To the extent that less than 100 percent of 
     the available project proceeds of such issue are expended by 
     the close of the 5-year expenditure period beginning on the 
     date of issuance, the State infrastructure bank shall redeem 
     all of the nonqualified bonds within 90 days after the end of 
     such period. For purposes of this paragraph, the amount of 
     the nonqualified bonds required to be redeemed shall be 
     determined in the same manner as under section 142.
       ``(f) Recapture of Portion of Credit Where Cessation of 
     Compliance.--If any bond which when issued purported to be a 
     TRIP bond ceases to be such a bond, the State infrastructure 
     bank shall pay to the United States (at the time required by 
     the Secretary) an amount equal to the sum of--
       ``(1) the aggregate of the credits allowable under section 
     54A with respect to such bond (determined without regard to 
     section 54A(c)) for taxable years ending during the calendar 
     year in which such cessation occurs and each succeeding 
     calendar year ending with the calendar year in which such 
     bond is redeemed by the bank, and
       ``(2) interest at the underpayment rate under section 6621 
     on the amount determined under paragraph (1) for each 
     calendar year for the period beginning on the first day of 
     such calendar year.
       ``(g) TRIP Bonds Trust Accounts.--
       ``(1) In general.--The following amounts shall be held in a 
     TRIP Bonds Trust Account by each State infrastructure bank:
       ``(A) The proceeds from the sale of all bonds issued by 
     such bank under this section.
       ``(B) The investment earnings on proceeds from the sale of 
     such bonds.
       ``(C) 2 percent of the amount described in paragraph (2).
       ``(D) The amounts described in subsection (h).
       ``(E) Any earnings on any amounts described in subparagraph 
     (A), (B), (C), or (D).
       ``(2) Appropriation of revenues.--There is hereby 
     transferred to each TRIP Bonds Trust Account an amount equal 
     to 2 percent of the lesser of--
       ``(A) the revenues resulting from the imposition of fees 
     pursuant to section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c) for fiscal years 
     beginning after September 30, 2021, or
       ``(B) $25,000,000,000.
       ``(3) Use of funds.--Amounts in each TRIP Bonds Trust 
     Account may be used only to pay costs of qualified projects 
     and redeem TRIP bonds, except that amounts withdrawn from the 
     TRIP Bonds Trust Account to pay costs of qualified projects 
     may not exceed the proceeds from the sale of TRIP bonds 
     described in subsection (a)(1).
       ``(4) Use of remaining funds in trip bonds trust account.--
     Upon the redemption of all TRIP bonds issued by the State 
     infrastructure bank under this section, any remaining amounts 
     in the TRIP Bonds Trust Account held by such bank shall be 
     available to pay the costs of any qualified project in such 
     State.
       ``(5) Applicability of federal law.--The requirements of 
     any Federal law, including titles 23, 40, and 49 of the 
     United States Code, which would otherwise apply to projects 
     to

[[Page S867]]

     which the United States is a party or to funds made available 
     under such law and projects assisted with those funds shall 
     apply to--
       ``(A) funds made available under each TRIP Bonds Trust 
     Account for similar qualified projects, other than 
     contributions required under subsection (h), and
       ``(B) similar qualified projects assisted through the use 
     of such funds.
       ``(6) Investment.--Subject to subsections (e) and (f), it 
     shall be the duty of the State infrastructure bank to invest 
     in investment grade obligations such portion of the TRIP 
     Bonds Trust Account held by such Bank as is not, in the 
     judgment of such bank, required to meet current withdrawals. 
     To the maximum extent practicable, investments should be made 
     in securities that support infrastructure investment at the 
     State and local level.
       ``(h) State Contribution Requirements.--
       ``(1) In general.--For purposes of subsection (a)(6), the 
     State contribution requirement of this subsection is met with 
     respect to any qualified project if the State infrastructure 
     bank has received for deposit into the TRIP Bonds Trust 
     Account held by such bank from 1 or more States, not later 
     than the date of issuance of the bond, the first of 10 equal 
     annual installments constituting one-tenth of the 
     contributions of not less than 20 percent (or such smaller 
     percentage as determined under title 23, United States Code, 
     for such State) of the cost of the qualified project.
       ``(2) State contributions may not include federal funds.--
     For purposes of this subsection, State contributions shall 
     not be derived, directly or indirectly, from Federal funds, 
     including any transfers from the Highway Trust Fund under 
     section 9503.
       ``(i) Utilization of Updated Construction Technology for 
     Qualified Projects.--For purposes of subsection (a)(7), the 
     requirement of this subsection is met if the appropriate 
     State agency relating to the qualified project is utilizing 
     updated construction technologies.
       ``(j) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) State infrastructure bank.--
       ``(A) In general.--The term `State infrastructure bank' 
     means a State infrastructure bank established under section 
     610 of title 23, United States Code, and includes a joint 
     venture among 2 or more State infrastructure banks.
       ``(B) Special authority.--Notwithstanding any other 
     provision of law, a State infrastructure bank shall be 
     authorized to perform any of the functions necessary to carry 
     out the purposes of this section, including the making of 
     direct grants to qualified projects from available project 
     proceeds of TRIP bonds issued by such bank.
       ``(2) Credits may be transferred.--Nothing in any law or 
     rule of law shall be construed to limit the transferability 
     of the credit or bond allowed by this section through sale 
     and repurchase agreements.
       ``(3) Prohibition on use of highway trust fund.--
     Notwithstanding any other provision of law, no funds derived 
     from the Highway Trust Fund established under section 9503 
     shall be used to pay for credits under this section.''.
       (c) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) of the Internal Revenue 
     Code of 1986 is amended--
       (A) by striking ``or'' at the end of subparagraph (D),
       (B) by inserting ``or'' at the end of subparagraph (E),
       (C) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) a TRIP bond,'', and
       (D) by inserting ``(paragraphs (3), (4), and (6), in the 
     case of a TRIP bond)'' after ``and (6)''.
       (2) Subparagraph (C) of section 54A(d)(2) of such Code is 
     amended by striking ``and'' at the end of clause (iv), by 
     striking the period at the end of clause (v) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(vi) in the case of a TRIP bond, a purpose specified in 
     section 54G(a)(1).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     I of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 54G. TRIP bonds.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 2012.
       (f) Extension of Customs User Fees.--Section 13031(j)(3) of 
     the Consolidated Omnibus Budget Reconciliation Act of 1985 
     (19 U.S.C. 58c(j)(3)) is amended by adding at the end the 
     following:
       ``(E)(i) Notwithstanding subparagraph (A), fees may be 
     charged under paragraphs (9) and (10) of subsection (a) 
     during the period beginning on October 1, 2021, and ending on 
     October 1, 2029.
       ``(ii) Notwithstanding subparagraph (B)(i), fees may be 
     charged under paragraphs (1) through (8) of subsection (a) 
     during the period beginning on October 1, 2021, and ending on 
     October 1, 2029.''.
                                 ______
                                 
  SA 1693. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       Beginning on page 1, strike line 4 and all that follows 
     through the end of the bill and, at the appropriate place, 
     insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Transportation Empowerment Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Limitation on expenditures.
Sec. 3. Funding for core highway programs.
Sec. 4. Infrastructure Special Assistance Fund.
Sec. 5. Return of excess tax receipts to States.
Sec. 6. Reduction in taxes on gasoline, diesel fuel, kerosene, and 
              special fuels funding Highway Trust Fund.
Sec. 7. Report to Congress.
Sec. 8. Effective date contingent on certification of deficit 
              neutrality.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the objective of the Federal highway program has been 
     to facilitate the construction of a modern freeway system 
     that promotes efficient interstate commerce by connecting all 
     States;
       (2) that objective has been attained, and the Interstate 
     System connecting all States is near completion;
       (3) each State has the responsibility of providing an 
     efficient transportation network for the residents of the 
     State;
       (4) each State has the means to build and operate a network 
     of transportation systems, including highways, that best 
     serves the needs of the State;
       (5) each State is best capable of determining the needs of 
     the State and acting on those needs;
       (6) the Federal role in highway transportation has, over 
     time, usurped the role of the States by taxing motor fuels 
     used in the States and then distributing the proceeds to the 
     States based on the Federal Government's perceptions of what 
     is best for the States;
       (7) the Federal Government has used the Federal motor fuels 
     tax revenues to force all States to take actions that are not 
     necessarily appropriate for individual States;
       (8) the Federal distribution, review, and enforcement 
     process wastes billions of dollars on unproductive 
     activities;
       (9) Federal mandates that apply uniformly to all 50 States, 
     regardless of the different circumstances of the States, 
     cause the States to waste billions of hard-earned tax dollars 
     on projects, programs, and activities that the States would 
     not otherwise undertake; and
       (10) Congress has expressed a strong interest in reducing 
     the role of the Federal Government by allowing each State to 
     manage its own affairs.
       (b) Purposes.--The purposes of this Act are--
       (1) to return to the individual States maximum 
     discretionary authority and fiscal responsibility for all 
     elements of the national surface transportation systems that 
     are not within the direct purview of the Federal Government;
       (2) to preserve Federal responsibility for the Dwight D. 
     Eisenhower National System of Interstate and Defense 
     Highways;
       (3) to preserve the responsibility of the Department of 
     Transportation for--
       (A) design, construction, and preservation of 
     transportation facilities on Federal public land;
       (B) national programs of transportation research and 
     development and transportation safety; and
       (C) emergency assistance to the States in response to 
     natural disasters;
       (4) to eliminate to the maximum extent practicable Federal 
     obstacles to the ability of each State to apply innovative 
     solutions to the financing, design, construction, operation, 
     and preservation of Federal and State transportation 
     facilities; and
       (5) with respect to transportation activities carried out 
     by States, local governments, and the private sector, to 
     encourage--
       (A) competition among States, local governments, and the 
     private sector; and
       (B) innovation, energy efficiency, private sector 
     participation, and productivity.

     SEC. 3. LIMITATION ON EXPENDITURES.

       Notwithstanding any other provision of law, if the 
     Secretary of Transportation determines for any fiscal year 
     that the aggregate amount required to carry out 
     transportation programs and projects under this Act and 
     amendments made by this Act exceeds the estimated aggregate 
     amount in the Highway Trust Fund available for those programs 
     and projects for the fiscal year, each amount made available 
     for such a program or project shall be reduced by the pro 
     rata percentage required to reduce the aggregate amount 
     required to carry out those programs and projects to an 
     amount equal to that available for those programs and 
     projects in the Highway Trust Fund for the fiscal year.

     SEC. 4. FUNDING FOR CORE HIGHWAY PROGRAMS.

       (a) In General.--
       (1) Funding.--For the purpose of carrying out title 23, 
     United States Code, the following sums are authorized to be 
     appropriated out of the Highway Trust Fund:
       (A) Interstate maintenance program.--For the Interstate 
     maintenance program under section 119 of title 23, United 
     States

[[Page S868]]

     Code, $5,200,000,000 for fiscal year 2014, $5,280,000,000 for 
     fiscal year 2015, $5,360,000,000 for fiscal year 2016, 
     $5,440,000,000 for fiscal year 2017, and $5,520,000,000 for 
     fiscal year 2018.
       (B) Emergency relief.--For emergency relief under section 
     125 of that title, $100,000,000 for each of fiscal years 2014 
     through 2018.
       (C) Interstate bridge program.--For the Interstate bridge 
     program under section 144 of that title, $2,527,000,000 for 
     fiscal year 2014, $2,597,000,000 for fiscal year 2015, 
     $2,667,000,000 for fiscal year 2016, $2,737,000,000 for 
     fiscal year 2017, and $2,807,000,000 for fiscal year 2018.
       (D) Federal lands highways program.--
       (i) Indian reservation roads.--For Indian reservation roads 
     under section 204 of that title, $470,000,000 for fiscal year 
     2014, $510,000,000 for fiscal year 2015, $550,000,000 for 
     fiscal year 2016, $590,000,000 for fiscal year 2017, and 
     $630,000,000 for fiscal year 2018.
       (ii) Public lands highways.--For public lands highways 
     under section 204 of that title, $300,000,000 for fiscal year 
     2014, $310,000,000 for fiscal year 2015, $320,000,000 for 
     fiscal year 2016, $330,000,000 for fiscal year 2017, and 
     $340,000,000 for fiscal year 2018.
       (iii) Parkways and park roads.--For parkways and park roads 
     under section 204 of that title, $255,000,000 for fiscal year 
     2014, $270,000,000 for fiscal year 2015, $285,000,000 for 
     fiscal year 2016, $300,000,000 for fiscal year 2017, and 
     $315,000,000 for fiscal year 2018.
       (iv) Refuge roads.--For refuge roads under section 204 of 
     that title, $32,000,000 for each of fiscal years 2014 through 
     2018.
       (E) Highway safety programs.--
       (i) In general.--For highway safety programs under section 
     402 of that title, $170,000,000 for each of fiscal years 2014 
     through 2018.
       (ii) Highway safety research and development.--For highway 
     safety research and development under section 403 of that 
     title, $35,000,000 for each of fiscal years 2014 through 
     2018.
       (F) Surface transportation research.--For cooperative 
     agreements with nonprofit research organizations to carry out 
     applied pavement research under section 502 of that title, 
     $200,000,000 for each of fiscal years 2014 through 2018.
       (G) Administrative expenses.--For administrative expenses 
     incurred in carrying out the programs referred to in 
     subparagraphs (A) through (F), $92,890,000 for fiscal year 
     2014, $95,040,000 for fiscal year 2015, $97,190,000 for 
     fiscal year 2016, $99,340,000 for fiscal year 2017, and 
     $101,490,000 for fiscal year 2018.
       (2) Transferability of funds.--Section 104 of title 23, 
     United States Code, is amended by striking subsection (g) and 
     inserting the following:
       ``(g) Transferability of Funds.--
       ``(1) In general.--To the extent that a State determines 
     that funds made available under this title to the State for a 
     purpose are in excess of the needs of the State for that 
     purpose, the State may transfer the excess funds to, and use 
     the excess funds for, any surface transportation (including 
     mass transit and rail) purpose in the State.
       ``(2) Enforcement.--If the Secretary determines that a 
     State has transferred funds under paragraph (1) to a purpose 
     that is not a surface transportation purpose as described in 
     paragraph (1), the amount of the improperly transferred funds 
     shall be deducted from any amount the State would otherwise 
     receive from the Highway Trust Fund for the fiscal year that 
     begins after the date of the determination.''.
       (3) Federal-aid system.--Section 103(a) of title 23, United 
     States Code, is amended by striking ``systems are the 
     Interstate System and the National Highway System'' and 
     inserting ``system is the Interstate System''.
       (4) Interstate maintenance program.--Section 104(b) of 
     title 23, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Interstate maintenance component.--For each of fiscal 
     years 2014 through 2018, for the Interstate maintenance 
     program under section 119, 1 percent to the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands and the remaining 99 percent apportioned as 
     follows:
       ``(A)(i) For each State with an average population density 
     of 20 persons or fewer per square mile, and each State with a 
     population of 1,500,000 persons or fewer and with a land area 
     of 10,000 square miles or less, the greater of--
       ``(I) a percentage share of apportionments equal to the 
     percentage for the State described in clause (ii); or
       ``(II) a share determined under subparagraph (B).
       ``(ii) The percentage referred to in clause (i)(I) for a 
     State for a fiscal year shall be the percentage calculated 
     for the State for the fiscal year under section 105(b) of 
     title 23, United States Code.
       ``(B) For each State not described in subparagraph (A), a 
     share of the apportionments remaining determined in 
     accordance with the following formula:
       ``(i) \1/9\ in the ratio that the total rural lane miles in 
     each State bears to the total rural lane miles in all States 
     with an average population density greater than 20 persons 
     per square mile and all States with a population of more than 
     1,500,000 persons and with a land area of more than 10,000 
     square miles.
       ``(ii) \1/9\ in the ratio that the total rural vehicle 
     miles traveled in each State bears to the total rural vehicle 
     miles traveled in all States described in clause (i).
       ``(iii) \2/9\ in the ratio that the total urban lane miles 
     in each State bears to the total urban lane miles in all 
     States described in clause (i).
       ``(iv) \2/9\ in the ratio that the total urban vehicle 
     miles traveled in each State bears to the total urban vehicle 
     miles traveled in all States described in clause (i).
       ``(v) \3/9\ in the ratio that the total diesel fuel used in 
     each State bears to the total diesel fuel used in all States 
     described in clause (i).''.
       (5) Interstate bridge program.--Section 144 of title 23, 
     United States Code, is amended--
       (A) in subsection (d)--
       (i) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridge'' each place it 
     appears; and
       (ii) by inserting ``on the Federal-aid system or described 
     in subsection (c)(3)'' after ``highway bridges'' each place 
     it appears;
       (B) in the second sentence of subsection (e)--
       (i) in paragraph (1), by adding ``and'' at the end;
       (ii) in paragraph (2), by striking the comma at the end and 
     inserting a period; and
       (iii) by striking paragraphs (3) and (4);
       (C) in the first sentence of subsection (k), by inserting 
     ``on the Federal-aid system or described in subsection 
     (c)(3)'' after ``any bridge'';
       (D) in subsection (l)(1), by inserting ``on the Federal-aid 
     system or described in subsection (c)(3)'' after ``construct 
     any bridge''; and
       (E) in the first sentence of subsection (m), by inserting 
     ``for each of fiscal years 1991 through 2013,'' after ``of 
     law,''.
       (6) National defense highways.--Section 311 of title 23, 
     United States Code, is amended--
       (A) in the first sentence, by striking ``under subsection 
     (a) of section 104 of this title'' and inserting ``to carry 
     out this section''; and
       (B) by striking the second sentence.
       (7) Federalization and defederalization of projects.--
     Notwithstanding any other provision of law, beginning on 
     October 1, 2013--
       (A) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project unless and until a State expends Federal 
     funds for the construction portion of the project;
       (B) a highway construction or improvement project shall not 
     be considered to be a Federal highway construction or 
     improvement project solely by reason of the expenditure of 
     Federal funds by a State before the construction phase of the 
     project to pay expenses relating to the project, including 
     for any environmental document or design work required for 
     the project; and
       (C)(i) a State may, after having used Federal funds to pay 
     all or a portion of the costs of a highway construction or 
     improvement project, reimburse the Federal Government in an 
     amount equal to the amount of Federal funds so expended; and
       (ii) after completion of a reimbursement described in 
     clause (i), a highway construction or improvement project 
     described in that clause shall no longer be considered to be 
     a Federal highway construction or improvement project.
       (8) Reporting requirements.--No reporting requirement, 
     other than a reporting requirement in effect as of the date 
     of enactment of this Act, shall apply on or after October 1, 
     2013, to the use of Federal funds for highway projects by a 
     public-private partnership.
       (b) Expenditures From Highway Trust Fund.--
       (1) Expenditures for core programs.--Section 9503(c) of the 
     Internal Revenue Code of 1986 is amended--
       (A) in paragraph (1), by striking ``Surface Transportation 
     Extension Act of 2011, Part II'' and inserting 
     ``Transportation Empowerment Act'';
       (B) in paragraph (1), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018'';
       (C) in paragraphs (3)(A)(i), (4)(A), and (5), by striking 
     ``April 1, 2012'' each place it appears and inserting 
     ``October 1, 2020''; and
       (D) in paragraph (2), by striking ``January 1, 2013'' and 
     inserting ``July 1, 2021''.
       (2) Amounts available for core program expenditures.--
     Section 9503 of such Code is amended by adding at the end the 
     following:
       ``(g) Core Programs Financing Rate.--For purposes of this 
     section--
       ``(1) In general.--Except as provided in paragraph (2)--
       ``(A) in the case of gasoline and special motor fuels the 
     tax rate of which is the rate specified in section 
     4081(a)(2)(A)(i), the core programs financing rate is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     18.3 cents per gallon,
       ``(ii) after September 30, 2014, and before October 1, 
     2015, 9.6 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 6.4 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 5.0 cents per gallon, and
       ``(v) after September 30, 2017, 3.7 cents per gallon, and
       ``(B) in the case of kerosene, diesel fuel, and special 
     motor fuels the tax rate of which is the rate specified in 
     section 4081(a)(2)(A)(iii), the core programs financing rate 
     is--
       ``(i) after September 30, 2013, and before October 1, 2014, 
     24.3 cents per gallon,

[[Page S869]]

       ``(ii) after September 30, 2014, and before October 1, 
     2015, 12.7 cents per gallon,
       ``(iii) after September 30, 2015, and before October 1, 
     2016, 8.5 cents per gallon,
       ``(iv) after September 30, 2016, and before October 1, 
     2017, 6.6 cents per gallon, and
       ``(v) after September 30, 2017, 5.0 cents per gallon.
       ``(2) Application of rate.--In the case of fuels used as 
     described in paragraph (3)(C), (4)(B), and (5) of subsection 
     (c), the core programs financing rate is zero.''.
       (c) Termination of Transfers to Mass Transit Account.--
     Section 9503(e)(2) of the Internal Revenue Code of 1986 is 
     amended by inserting ``, and before October 1, 2013'' after 
     ``March 31, 1983''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section take effect on October 1, 
     2013.
       (2) Certain extensions.--The amendments made by subsection 
     (b)(1) shall take effect on April 1, 2012.

     SEC. 5. INFRASTRUCTURE SPECIAL ASSISTANCE FUND.

       (a) Balance of Core Programs Financing Rate Deposited in 
     Fund.--Section 9503 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following:
       ``(h) Establishment of Infrastructure Special Assistance 
     Fund.--
       ``(1) Creation of fund.--There is established in the 
     Highway Trust Fund a separate fund to be known as the 
     `Infrastructure Special Assistance Fund' consisting of such 
     amounts as may be transferred or credited to the 
     Infrastructure Special Assistance Fund as provided in this 
     subsection or section 9602(b).
       ``(2) Transfers to infrastructure special assistance 
     fund.--On the first day of each fiscal year, the Secretary, 
     in consultation with the Secretary of Transportation, shall 
     determine the excess (if any) of--
       ``(A) the sum of--
       ``(i) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the core programs financing rate for such 
     year, plus
       ``(ii) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to taxes under sections 4051, 4071, and 4481 for 
     such year, over
       ``(B) the amount appropriated under subsection (c) for such 
     fiscal year,
     and shall transfer such excess to the Infrastructure Special 
     Assistance Fund.
       ``(3) Expenditures from infrastructure special assistance 
     fund.--
       ``(A) Transitional assistance.--
       ``(i) In general.--Except as provided in clause (iii), 
     during fiscal years 2014 through 2017, $1,000,000,000 in the 
     Infrastructure Special Assistance Fund shall be available to 
     States for transportation-related program expenditures.
       ``(ii) State share.--Each State is entitled to a share of 
     the amount specified in clause (i) determined in the 
     following manner:

       ``(I) Multiply the percentage of the amounts appropriated 
     in the latest fiscal year for which such data are available 
     to the Highway Trust Fund under subsection (b) which is 
     attributable to taxes paid by highway users in the State, by 
     the amount specified in clause (i). If the result does not 
     exceed $15,000,000, the State's share equals $15,000,000. If 
     the result exceeds $15,000,000, the State's share is 
     determined under subclause (II).
       ``(II) Multiply the percentage determined under subclause 
     (I), by the amount specified in clause (i) reduced by an 
     amount equal to $15,000,000 times the number of States the 
     share of which is determined under subclause (I).

       ``(iii) Distribution of remaining amount.--If after 
     September 30, 2017, a portion of the amount specified in 
     clause (i) remains, the Secretary, in consultation with the 
     Secretary of Transportation, shall, on October 1, 2017, 
     apportion the portion among the States using the percentages 
     determined under clause (ii)(I) for such States.
       ``(B) Additional expenditures from fund.--
       ``(i) In general.--Amounts in the Infrastructure Special 
     Assistance Fund, in excess of the amount specified in 
     subparagraph (A)(i), shall be available, as provided by 
     appropriation Acts, to the States for any surface 
     transportation (including mass transit and rail) purpose in 
     such States, and the Secretary shall apportion such excess 
     amounts among all States using the percentages determined 
     under clause (ii)(I) for such States.
       ``(ii) Enforcement.--If the Secretary determines that a 
     State has used amounts under clause (i) for a purpose which 
     is not a surface transportation purpose as described in 
     clause (i), the improperly used amounts shall be deducted 
     from any amount the State would otherwise receive from the 
     Highway Trust Fund for the fiscal year which begins after the 
     date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 6. RETURN OF EXCESS TAX RECEIPTS TO STATES.

       (a) In General.--Section 9503(c) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following:
       ``(6) Return of excess tax receipts to states for surface 
     transportation purposes.--
       ``(A) In general.--On the first day of each of fiscal years 
     2014, 2015, 2016, and 2017, the Secretary, in consultation 
     with the Secretary of Transportation, shall--
       ``(i) determine the excess (if any) of--

       ``(I) the amounts appropriated in such fiscal year to the 
     Highway Trust Fund under subsection (b) which are 
     attributable to the taxes described in paragraphs (1) and (2) 
     thereof (after the application of paragraph (4) thereof) over 
     the sum of--
       ``(II) the amounts so appropriated which are equivalent 
     to--

       ``(aa) such amounts attributable to the core programs 
     financing rate for such year, plus
       ``(bb) the taxes described in paragraphs (3)(C), (4)(B), 
     and (5) of subsection (c), and
       ``(ii) allocate the amount determined under clause (i) 
     among the States (as defined in section 101(a) of title 23, 
     United States Code) for surface transportation (including 
     mass transit and rail) purposes so that--

       ``(I) the percentage of that amount allocated to each 
     State, is equal to
       ``(II) the percentage of the amount determined under clause 
     (i)(I) paid into the Highway Trust Fund in the latest fiscal 
     year for which such data are available which is attributable 
     to highway users in the State.

       ``(B) Enforcement.--If the Secretary determines that a 
     State has used amounts under subparagraph (A) for a purpose 
     which is not a surface transportation purpose as described in 
     subparagraph (A), the improperly used amounts shall be 
     deducted from any amount the State would otherwise receive 
     from the Highway Trust Fund for the fiscal year which begins 
     after the date of the determination.''.
       (b) Effective Date.--The amendment made by this section 
     takes effect on October 1, 2013.

     SEC. 7. REDUCTION IN TAXES ON GASOLINE, DIESEL FUEL, 
                   KEROSENE, AND SPECIAL FUELS FUNDING HIGHWAY 
                   TRUST FUND.

       (a) Reduction in Tax Rate.--
       (1) In general.--Section 4081(a)(2)(A) of the Internal 
     Revenue Code of 1986 is amended--
       (A) in clause (i), by striking ``18.3 cents'' and inserting 
     ``3.7 cents''; and
       (B) in clause (iii), by striking ``24.3 cents'' and 
     inserting ``5.0 cents''.
       (2) Conforming amendments.--
       (A) Section 4081(a)(2)(D) of such Code is amended--
       (i) by striking ``19.7 cents'' and inserting ``4.1 cents'', 
     and
       (ii) by striking ``24.3 cents'' and inserting ``5.0 
     cents''.
       (B) Section 6427(b)(2)(A) of such Code is amended by 
     striking ``7.4 cents'' and inserting ``1.5 cents''.
       (b) Additional Conforming Amendments.--
       (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue 
     Code of 1986 is amended by striking ``7.3 cents per gallon 
     (4.3 cents per gallon after March 31, 2012)'' and inserting 
     ``1.4 cents per gallon (zero after September 30, 2020)''.
       (2) Section 4041(a)(2)(B)(ii) of such Code is amended by 
     striking ``24.3 cents'' and inserting ``5.0 cents''.
       (3) Section 4041(a)(3)(A) of such Code is amended by 
     striking ``18.3 cents'' and inserting ``3.7 cents''.
       (4) Section 4041(m)(1) of such Code is amended--
       (A) in subparagraph (A), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2020,'';
       (B) in subparagraph (A)(i), by striking ``9.15 cents'' and 
     inserting ``1.8 cents'';
       (C) in subparagraph (A)(ii), by striking ``11.3 cents'' and 
     inserting ``2.3 cents''; and
       (D) by striking subparagraph (B) and inserting the 
     following:
       ``(B) zero after September 30, 2020.''.
       (5) Section 4081(d)(1) of such Code is amended by striking 
     ``4.3 cents per gallon after March 31, 2012'' and inserting 
     ``zero after September 30, 2020''.
       (6) Section 9503(b) of such Code is amended--
       (A) in paragraphs (1) and (2), by striking ``April 1, 
     2012'' both places it appears and inserting ``October 1, 
     2020'';
       (B) in the heading of paragraph (2), by striking ``April 1, 
     2012'' and inserting ``October 1, 2020'';
       (C) in paragraph (2), by striking ``after March 31, 2012, 
     and before January 1, 2013'' and inserting ``after September 
     30, 2020, and before July 1, 2021''; and
       (D) in paragraph (6)(B), by striking ``April 1, 2012'' and 
     inserting ``October 1, 2018''.
       (c) Floor Stock Refunds.--
       (1) In general.--If--
       (A) before October 1, 2017, tax has been imposed under 
     section 4081 of the Internal Revenue Code of 1986 on any 
     liquid; and
       (B) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale;
     there shall be credited or refunded (without interest) to the 
     person who paid such tax (in this subsection referred to as 
     the ``taxpayer'') an amount equal to the excess of the tax 
     paid by the taxpayer over the amount of such tax which would 
     be imposed on such liquid had the taxable event occurred on 
     such date.
       (2) Time for filing claims.--No credit or refund shall be 
     allowed or made under this subsection unless--
       (A) claim therefor is filed with the Secretary of the 
     Treasury before April 1, 2018; and

[[Page S870]]

       (B) in any case where liquid is held by a dealer (other 
     than the taxpayer) on October 1, 2017--
       (i) the dealer submits a request for refund or credit to 
     the taxpayer before January 1, 2018; and
       (ii) the taxpayer has repaid or agreed to repay the amount 
     so claimed to such dealer or has obtained the written consent 
     of such dealer to the allowance of the credit or the making 
     of the refund.
       (3) Exception for fuel held in retail stocks.--No credit or 
     refund shall be allowed under this subsection with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (4) Definitions.--For purposes of this subsection, the 
     terms ``dealer'' and ``held by a dealer'' have the respective 
     meanings given to such terms by section 6412 of such Code; 
     except that the term ``dealer'' includes a producer.
       (5) Certain rules to apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 and sections 6206 and 
     6675 of such Code shall apply for purposes of this 
     subsection.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to fuel removed 
     after September 30, 2017.
       (2) Certain conforming amendments.--The amendments made by 
     subsections (b)(1), (b)(4), (b)(5), and (b)(6) shall apply to 
     fuel removed after September 30, 2011.

     SEC. 8. REPORT TO CONGRESS.

       Not later than 180 days after the date of enactment of this 
     Act, after consultation with the appropriate committees of 
     Congress, the Secretary of Transportation shall submit a 
     report to Congress describing such technical and conforming 
     amendments to titles 23 and 49, United States Code, and such 
     technical and conforming amendments to other laws, as are 
     necessary to bring those titles and other laws into 
     conformity with the policy embodied in this Act and the 
     amendments made by this Act.

     SEC. 9. EFFECTIVE DATE CONTINGENT ON CERTIFICATION OF DEFICIT 
                   NEUTRALITY.

       (a) Purpose.--The purpose of this section is to ensure 
     that--
       (1) this Act will become effective only if the Director of 
     the Office of Management and Budget certifies that this Act 
     is deficit neutral;
       (2) discretionary spending limits are reduced to capture 
     the savings realized in devolving transportation functions to 
     the State level pursuant to this Act; and
       (3) the tax reduction made by this Act is not scored under 
     pay-as-you-go and does not inadvertently trigger a 
     sequestration.
       (b) Effective Date Contingency.--Notwithstanding any other 
     provision of this Act, this Act and the amendments made by 
     this Act shall take effect only if--
       (1) the Director of the Office of Management and Budget 
     (referred to in this section as the ``Director'') submits the 
     report as required in subsection (c); and
       (2) the report contains a certification by the Director 
     that, based on the required estimates, the reduction in 
     discretionary outlays resulting from the reduction in 
     contract authority is at least as great as the reduction in 
     revenues for each fiscal year through fiscal year 2018.
       (c) OMB Estimates and Report.--
       (1) Requirements.--Not later than 5 calendar days after the 
     date of enactment of this Act, the Director shall--
       (A) estimate the net change in revenues resulting from this 
     Act for each fiscal year through fiscal year 2018;
       (B) estimate the net change in discretionary outlays 
     resulting from the reduction in contract authority under this 
     Act for each fiscal year through fiscal year 2018;
       (C) determine, based on those estimates, whether the 
     reduction in discretionary outlays is at least as great as 
     the reduction in revenues for each fiscal year through fiscal 
     year 2018; and
       (D) submit to Congress a report setting forth the estimates 
     and determination.
       (2) Applicable assumptions and guidelines.--
       (A) Revenue estimates.--The revenue estimates required 
     under paragraph (1)(A) shall be predicated on the same 
     economic and technical assumptions and scorekeeping 
     guidelines that would be used for estimates made pursuant to 
     section 252(d) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902(d)).
       (B) Outlay estimates.--The outlay estimates required under 
     paragraph (1)(B) shall be determined by comparing the level 
     of discretionary outlays resulting from this Act with the 
     corresponding level of discretionary outlays projected in the 
     baseline under section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 907).
       (d) Conforming Adjustment to Discretionary Spending 
     Limits.--On compliance with the requirements specified in 
     subsection (b), the Director shall adjust the adjusted 
     discretionary spending limits for each fiscal year through 
     fiscal year 2013 under section 601(a)(2) of the Congressional 
     Budget Act of 1974 (2 U.S.C. 665(a)(2)) by the estimated 
     reductions in discretionary outlays under subsection 
     (c)(1)(B).
       (e) Paygo Interaction.--On compliance with the requirements 
     specified in subsection (b), no changes in revenues estimated 
     to result from the enactment of this Act shall be counted for 
     the purposes of section 252(d) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)).
                                 ______
                                 
  SA 1694. Mr. BAUCUS (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 40201 and insert the following:

     SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EXCEPTION TO 
                   TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES 
                   FOR FINANCIAL INSTITUTIONS.

       (a) In General.--Subparagraph (G) of section 265(b)(3) of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``2009 or 2010'' in clause (i) and 
     inserting ``2009, 2010, 2012, or the period beginning after 
     December 31, 2012, and before July 1, 2013'',
       (2) by striking ``2009 or 2010'' each place it appears in 
     clauses (ii) and (iii) and inserting ``2009, 2010, or the 
     period beginning after June 30, 2012, and before July 1, 
     2013'', and
       (3) by striking ``2009 and 2010'' in the heading and 
     inserting ``2009, 2010, 2012, and 2013''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after June 30, 2012.
                                 ______
                                 
  SA 1695. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1813, to reauthorize Federal-aid highway 
and highway safety construction programs, and for other purposes; which 
was ordered to lie on the table; as follows:

       In division D, on page 232, strike lines 1 through 5 and 
     insert the following:
       ``(G) target areas with high rates of unemployment;
       ``(H) address current or projected workforce shortages in 
     areas that require technical expertise; and
       ``(I) carry out programs that work with community colleges 
     with experience in developing activities eligible for 
     assistance under subsection (a).
                                 ______
                                 
  SA 1696. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 1633 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 189, between lines 24 and 25, insert the following:
       ``(8) Data reporting requirements.--A public transportation 
     service provider that receives assistance under this section 
     or section 5311 for a fiscal year shall report to the 
     Secretary--
       ``(A) the number of vehicles purchased during the fiscal 
     year using such assistance; and
       ``(B) the number of rides provided during the fiscal year 
     that are attributable to such assistance.
                                 ______
                                 
  SA 1697. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 1633 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 195, line 15, after ``agencies'' insert the 
     following: ``, including any transportation activities 
     carried out by the recipient using a grant under title III of 
     the Older Americans Act of 1965 (42 U.S.C. 3021 et seq.)''.
                                 ______
                                 
  SA 1698. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PRIVATE OPERATORS OF INTERCITY BUS SERVICE.

       Section 5311(h)(3) of title 49, United States Code, as 
     amended by this Act, is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(D) in the case of operating costs of connecting rural 
     intercity bus feeder service funded under subsection 
     (f)(1)(E), may be derived from the costs of intercity bus 
     service provided by a private operator, if--
       ``(i) the project includes both feeder service and a 
     connecting unsubsidized intercity route segment; and
       ``(ii) the private operator agrees in writing to the use of 
     its unsubsidized costs as an in-kind match.''.
                                 ______
                                 
  SA 1699. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1813, to reauthorize Federal-aid highway and 
highway safety construction programs, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S871]]


       On page 68, line 19, insert ``(other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under 133(d))'' after ``104(b)(2)''.
       On page 70, line 25, insert ``(other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under 133(d))'' after ``104(b)(2)''.
       On page 127, line 18, insert ``(other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under 133(d))'' after ``104(b)(2)''.
                                 ______
                                 
  SA 1700. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HIGH-SPEED RAIL EQUIPMENT.

       The Secretary of Transportation shall not preclude the use 
     of Federal funds made available to purchase rolling stock to 
     purchase any equipment used for ``high-speed rail'' (as 
     defined in section 26106(b)(4) of title 49, United States 
     Code) that otherwise complies with applicable Federal 
     standards, including safety, Buy America, and environmental 
     standards.
                                 ______
                                 
  SA 1701. Mr. WHITEHOUSE (for himself and Mr. Reed) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 41, between lines 15 and 16, insert the following:
       ``(4) Projects of national and regional significance.--
       ``(A) Appropriation.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, on October 1, 2012, out of any funds in the Treasury not 
     otherwise appropriated, the Secretary of the Treasury shall 
     transfer to the Secretary for the cost of the projects of 
     national and regional significance program under section 1118 
     $1,000,000,000, to remain available until expended.
       ``(ii) Receipt and acceptance.--The Secretary shall be 
     entitled to receive, shall accept, and shall use to carry out 
     this section the funds transferred under clause (i), without 
     further appropriation.
       ``(B) Offset.--
       ``(i) In general.--Section 251(b)(2) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)) is amended by adding at the end the following:
       `` `(E) Overseas contingency and related activities.--
       `` `(i) Cap adjustment.--If a bill or joint resolution 
     making appropriations for a fiscal year is enacted that 
     specifies an amount for overseas contingency and related 
     activities for that fiscal year, but not to exceed the 
     amounts specified in clause (ii), the adjustments for that 
     fiscal year shall be the additional new budget authority 
     provided in that Act for the activities for that fiscal year.
       `` `(ii) Levels.--The levels for overseas contingency and 
     related activities specified in this subparagraph for fiscal 
     year 2013 is $127,658,000,000 in budget authority.'.
       ``(ii) Breach.--Section 251(a) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a)) is 
     amended by striking paragraph (2) and inserting the 
     following:
       `` `(2) Eliminating a breach.--
       `` `(A) In general.--Each nonexempt account within a 
     category shall be reduced by a dollar amount calculated by 
     multiplying the enacted level of sequesterable budgetary 
     resources in that account by the uniform percentage necessary 
     to eliminate a breach within that category.
       `` `(B) Overseas contingencies.--Any amount of budget 
     authority for overseas contingency operations and related 
     activities for fiscal year 2013 in excess of the level 
     established in subsection (b)(2)(E) shall be counted in 
     determining whether a breach has occurred in the security 
     category and the nonsecurity category on a proportional basis 
     to the total spending for overseas contingency operations in 
     the security category and the nonsecurity category.'.
       ``(iii) Conforming amendment.--Section 251(b)(2) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 901(b)(2)) is amended by striking subparagraph (A) and 
     inserting the following:
       `` `(A) Emergency appropriations.--If, for any fiscal year, 
     appropriations for discretionary accounts are enacted that 
     Congress designates as emergency requirements in law on an 
     account by account basis and the President subsequently so 
     designates, the adjustment shall be the total of such 
     appropriations in discretionary accounts designated as 
     emergency requirements.'.
                                 ______
                                 
  SA 1702. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CONSTRUCTION EQUIPMENT AND VEHICLES.

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

     ``Sec.  5341. Construction equipment and vehicles

       ``(a) In General.--In accordance with the obligation 
     process established pursuant to section 149(j)(4) of title 
     23, a State shall expend amounts required to be obligated for 
     this section to install diesel emission control technology on 
     covered equipment, with an engine that does not meet current 
     model year new engine standards for particulate matter for 
     the applicable engine power group issued by the Environmental 
     Protection Agency, on a covered public transportation 
     construction project within a PM2.5 nonattainment 
     or maintenance area.
       ``(b) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered equipment.--The term `covered equipment' 
     means any nonroad diesel equipment or on-road diesel 
     equipment that is operated on a covered public transportation 
     construction project for not less than 80 hours over the life 
     of the project.
       ``(2) Covered public transportation construction project.--
     The term `covered public transportation construction 
     project'--
       ``(A) means a public transportation construction project 
     carried out under this chapter, or any other Federal law, 
     which is funded in whole or in part with Federal funds; and
       ``(B) does not include any project with a total budgeted 
     cost not to exceed $5,000,000 (which, notwithstanding any 
     other provision of this section, may be excluded from the 
     requirement to comply with this section by an applicable 
     State or metropolitan planning organization).
       ``(3) Diesel emission control technology.--The term `diesel 
     emission control technology' means a technology that--
       ``(A) is--
       ``(i) a diesel exhaust control technology;
       ``(ii) a diesel engine upgrade;
       ``(iii) a diesel engine repower;
       ``(iv) an idle reduction control technology; or
       ``(v) any combination of the technologies listed in clauses 
     (i) through (iv);
       ``(B) reduces particulate matter emission from covered 
     equipment by--
       ``(i) not less than 85 percent control of any emission of 
     particulate matter; or
       ``(ii) the maximum achievable reduction of any emission of 
     particulate matter; and
       ``(C) is installed on and operated with the covered 
     equipment while the equipment is operated on a covered public 
     transportation construction project and that remains 
     operational on the covered equipment for the useful life of 
     the control technology or equipment.
       ``(4) Eligible entity.--The term `eligible entity' means an 
     entity (including a subcontractor of the entity) that has 
     entered into a prime contract or agreement with a State to 
     carry out a covered public transportation construction 
     project.
       ``(5) Nonroad diesel equipment.--
       ``(A) In general.--The term `nonroad diesel equipment' 
     means a vehicle, including covered equipment, that is--
       ``(i) powered by a nonroad diesel engine of not less than 
     50 horsepower; and
       ``(ii) not intended for highway use.
       ``(B) Inclusions.--The term `nonroad diesel equipment' 
     includes a backhoe, bulldozer, compressor, crane, excavator, 
     generator, and similar equipment.
       ``(C) Exclusions.--The term `nonroad diesel equipment' does 
     not include a locomotive or marine vessel.
       ``(6) On-road diesel equipment.--The term `on-road diesel 
     equipment' means any self-propelled vehicle that--
       ``(A) operates on diesel fuel;
       ``(B) is designed to transport persons or property on a 
     street or highway; and
       ``(C) has a gross vehicle weight rating of at least 14,000 
     pounds.
       ``(7) Pm2.5 nonattainment or maintenance area.--
     The term `PM2.5 nonattainment or maintenance area' 
     means a nonattainment or maintenance area designated under 
     section 107(d)(6) of the Clean Air Act (42 U.S.C. 
     7407(d)(6)).
       ``(c) Criteria Eligible Activities.--For purposes of 
     subsection (b)(3)(A):
       ``(1) Diesel exhaust control technology.--For a diesel 
     exhaust control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) included in the list of verified or certified 
     technologies for nonroad vehicles and nonroad engines (as 
     defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) 
     published pursuant to subsection (f)(2) of section 149 of 
     title 23, as in effect on the date on which the eligible 
     entity enters into a prime contract or agreement with a State 
     to carry out a covered public transportation construction 
     project; and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     referred to in subparagraph (B) for achieving a reduction in 
     particulate matter.
       ``(2) Diesel engine upgrade.--For a diesel engine upgrade, 
     the upgrade shall be performed on an engine that is--
       ``(A) rebuilt using new or remanufactured components that 
     collectively appear as a system in the list of verified or 
     certified technologies for nonroad vehicles and nonroad 
     engines (as defined in section 216 of the Clean Air Act (42 
     U.S.C. 7550)) published

[[Page S872]]

     pursuant to subsection (f)(2) of section 149 of title 23, as 
     in effect on the date on which the eligible entity enters 
     into a prime contract or agreement with a State to carry out 
     a covered public transportation construction project; and
       ``(B) certified by the installer to have been installed in 
     accordance with the specifications included on the list 
     referred to in subparagraph (A) for achieving a reduction in 
     particulate matter.
       ``(3) Diesel engine repower.--For a diesel engine repower, 
     the repower shall be conducted using a new or remanufactured 
     diesel engine that is--
       ``(A) installed as a replacement for an engine used in the 
     existing equipment, subject to the condition that the 
     replaced engine is returned to the supplier for 
     remanufacturing to a more stringent set of engine emissions 
     standards or for use as scrap; and
       ``(B) certified by the engine manufacturer as meeting a 
     more stringent engine particulate matter emission standard 
     for the applicable engine power group established by the 
     Environmental Protection Agency, than the engine particulate 
     matter emission standard applicable to the replaced engine.
       ``(4) Idle reduction control technology.--For an idle 
     reduction control technology, the technology shall be--
       ``(A) installed on a diesel engine or vehicle;
       ``(B) included in the list of verified or certified 
     technologies for nonroad vehicles and nonroad engines (as 
     defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) 
     published pursuant to subsection (f)(2) of section 149, as in 
     effect on the date on which the eligible entity enters into a 
     prime contract or agreement with a State to carry out a 
     covered public transportation construction project; and
       ``(C) certified by the installer as having been installed 
     in accordance with the specifications included on the list 
     referred to in subparagraph (B) for achieving a reduction in 
     particulate matter.
       ``(d) Eligibility for Credits.--
       ``(1) In general.--A State may take credit in a State 
     implementation plan for national ambient air quality 
     standards for any emission reductions that result from the 
     implementation of this section.
       ``(2) Crediting.--An emission reduction described in 
     paragraph (1) may be credited toward demonstrating conformity 
     of State implementation plans and transportation plans.''.
       (b) Savings Clause.--Nothing in this section modifies or 
     otherwise affects any authority or restrictions established 
     under the Clean Air Act (42 U.S.C. 7401 et seq.).
       (c) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report that 
     describes the manners in which section 5341 of title 49, 
     United States Code (as added by subsection (a)) has been 
     implemented, including the quantity of covered equipment 
     serviced under those sections and the costs associated with 
     servicing the covered equipment.
       (2) Information from states.--The Secretary shall require 
     States and recipients, as a condition of receiving amounts 
     under this Act or under the provisions of any amendments made 
     by this Act, to submit to the Secretary any information that 
     the Secretary determines necessary to complete the report 
     under paragraph (1).
       (d) Technical Amendment.--The analysis for chapter 53 of 
     title 49, United States Code, as amended by this Act, is 
     amended by adding at the end the following:

``5341. Construction equipment and vehicles.''.
                                 ______
                                 
  SA 1703. Mr. WARNER (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed by him to the bill S. 1813, to reauthorize 
Federal-aid highway and highway safety construction programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PUBLIC-PRIVATE PARTNERSHIP EXPERIMENTAL PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Transit Administration;
       (2) the term ``eligible project'' means a project carried 
     out using funding under chapter 53 of title 49, United States 
     Code;
       (3) the term ``eligible recipient'' means a recipient of 
     funding under chapter 53 of title 49, United States Code; and
       (4) the term ``experimental program'' means the public-
     private partnership experimental program established under 
     subsection (b).
       (b) Public-Private Partnership Experimental Program.--
       (1) Program established.--The Administrator shall establish 
     a 6-year public-private partnership experimental program to 
     encourage eligible recipients to carry out tests and 
     experimentation in the project development process that are 
     designed to--
       (A) attract private investment in eligible projects; and
       (B) increase project management flexibility and innovation, 
     improve efficiency, allow for timely project implementation, 
     and create new revenue streams.
       (2) Implementation of program.--The experimental program 
     shall--
       (A) except as provided in paragraph (5), identify any 
     provisions of chapter 53 of title 49, United States Code, and 
     any regulations or practices thereunder, that impede greater 
     use of public-private partnerships and private investment in 
     eligible projects; and
       (B) develop procedures and approaches that--
       (i) address the impediments described in subparagraph (A), 
     in a manner similar to the Special Experimental Project 
     Number 15 of the Federal Highway Administration (commonly 
     referred to as ``SEP 15''); and
       (ii) protect the public interest and any public investment 
     in eligible projects.
       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter until the 
     termination of the experimental program, the Administrator 
     shall submit to Congress a report on the status of the 
     experimental program.
       (4) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall issue rules to 
     carry out the experimental program.
       (5) Rule of construction.--Nothing in this subsection may 
     be construed to allow the Administrator to waive any 
     requirement under--
       (A) section 5333 of title 49, United States Code; or
       (B) any other provision of Federal law not described in 
     paragraph (2)(A).
                                 ______
                                 
  SA 1704. Mr. WARNER (for himself and Mr. Begich) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. RECEIPTS FROM PRIVATE PROVIDERS OF PUBLIC 
                   TRANSPORTATION ELIGIBLE FOR LOCAL SHARE PILOT 
                   PROGRAM.

       (a) Pilot Program.--The Secretary of Transportation 
     (referred to in this section as the ``Secretary'') shall 
     establish a pilot program under which the non-Government 
     share of the cost of a capital project carried out by a 
     recipient of funding under section 5307 or 5311 of title 49, 
     United States Code, as amended by this Act, may include an 
     amount equal to the amount that a private provider of public 
     transportation receives from providing public transportation 
     service in the service area of the recipient that is in 
     excess of the operating costs of the service provided, if the 
     rolling stock used to provide the service--
       (1) has been privately acquired; and
       (2) has not been acquired using any Government capital 
     assistance.
       (b) Oversight.--Each recipient that participates in the 
     pilot program established under subsection (a) shall 
     demonstrate that--
       (1) the recipient has provided appropriate oversight of the 
     provision of service by the private provider of public 
     transportation; and
       (2) a lack of readily available non-Government funding has 
     limited the expansion of service provided by the recipient.
       (c) Application.--An application for participation in the 
     pilot program established under subsection (a) shall--
       (1) be submitted by a designated recipient on behalf of a 
     recipient; and
       (2) include a certification that the recipient meets the 
     requirements under subsection (b).
       (d) Report.--Not later than September 30, 2013, the 
     Secretary shall submit a report to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that at a minimum shall include a description 
     of--
       (1) any new or expanded services that would not have been 
     provided without pilot program established under subsection 
     (a);
       (2) the cost effectiveness of any services described in 
     paragraph (1);
       (3) the amount of private capital added to the national 
     public transportation system and the impact on job growth 
     from that private capital;
       (4) the effect of participation in the pilot program 
     established under subsection (a) on other public 
     transportation services; and
       (5) any other information that the Secretary determines is 
     necessary.
                                 ______
                                 
  SA 1705. Mr. BENNET (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CREDIT FACILITY FOR TRANSIT-ORIENTED DEVELOPMENT.

       (a) Credit Facility Established.--
       (1) Definitions.--In this subsection:
       (A) Eligible improvement.--The term ``eligible 
     improvement'' means an infrastructure improvement that--
       (i) is located within the station area of an eligible 
     project;

[[Page S873]]

       (ii) has a total project cost of not less than $10,000,000; 
     and
       (iii) includes--

       (I) the rehabilitation or construction of a street, a 
     transit station, structured parking, a walkway, a bikeway; or
       (II) an activity described in section 5302(3)(G)(v) of 
     title 49, United States Code, as amended by this Act.

       (B) Eligible project.--The term ``eligible project'' has 
     the same meaning as in subsection (b).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) In general.--The Secretary may make or guarantee a loan 
     for an eligible improvement, at any time before or after the 
     eligible project relating to the eligible improvement begins 
     revenue service.
       (3) Priority.--In making and guaranteeing loans under this 
     subsection, the Secretary shall give priority to eligible 
     improvements that--
       (A) facilitate increased transit ridership and the 
     preservation or creation of long-term affordable housing 
     units; and
       (B) are carried out by metropolitan planning organizations, 
     or members of the policy board thereof, that have developed 
     metropolitan transportation plans under section 5303(i)(3) of 
     title 49, United States Code, as amended by this Act.
       (4) Terms and conditions.--The Secretary shall establish 
     terms and conditions for loans and loan guarantees under this 
     subsection that are consistent with the terms and conditions 
     established under chapter 6 of title 23, United States Code.
       (b) Funding.--Notwithstanding section 5338(a) of title 49, 
     United States Code, as amended by this Act--
       (1) of amounts made available under paragraph (1) of such 
     section 5338(a), $20,000,000 for each of fiscal years 2012 
     and 2013 shall be available to carry out subsection (a) of 
     this section; and
       (2) the amounts described in paragraph (2) of such section 
     5338(a) shall be reduced by $20,000,000 on a pro rata basis.
                                 ______
                                 
  SA 1706. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 1633 proposed by Mr. Reid to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of page 477, add the following:

     SEC. 32114. PROGRAM TO IMPROVE AVAILABILITY OF COMMERCIAL 
                   DRIVER'S LICENSES TO MEMBERS OF ARMED FORCES.

       (a) State Acceptance of Testing of Members of Armed Forces 
     by Secretary of Defense for Purposes of Issuance of 
     Commercial Driver's Licenses.--Section 3131, as amended by 
     section 32205 and 32303 of this Act, is further amended by 
     adding at the end the following:
       ``(25) The State shall accept as proof of compliance by an 
     applicant for a commercial driver's license with any 
     knowledge or skills test required under paragraph (1) or (2) 
     or under any provision of law of the State, evidence that the 
     applicant--
       ``(A) is a member of the Armed Forces; and
       ``(B) has passed a knowledge or skills test administered by 
     the Secretary of Defense and approved by the Secretary of 
     Transportation for purposes of this paragraph.''.
       (b) Exemption From Single License Requirement.--Section 
     31302 is amended--
       (1) by striking ``No individual'' and inserting the 
     following:
       ``(a) In General.--No individual'';
       (2) in subsection (a), as designated by paragraph (1), by 
     striking ``An individual'' and inserting the following:
       ``(b) Cumulative Number of Licenses.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     individual''; and
       (3) in subsection (b), as designated by paragraph (2), by 
     adding at the end the following:
       ``(2) Members of armed forces.--An individual who is a 
     member of the Armed Forces operating a commercial motor 
     vehicle may have a driver's license issued by the Secretary 
     of Defense in addition to a commercial driver's license 
     issued by a State.''.
       (c) Exemption From Alcohol and Controlled Substances 
     Testing.--Section 31306(b)(1) is amended by adding at the end 
     the following:
       ``(C) The regulations required by subparagraph (A) shall 
     exempt members of the Armed Forces from any requirements 
     relating to testing for alcohol or controlled substances.''.
       (d) Modification of Residency Requirement.--Paragraph (12) 
     of section 31311(a) is amended--
       (1) by striking ``except that, under regulations'' and 
     inserting the following: ``except that--
       ``(A) under regulations''; and
       (2) in subparagraph (A), as designated by paragraph (1), by 
     striking the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(B) the State may issue a commercial driver's license to 
     an individual who--
       ``(i) operates or will operate a commercial motor vehicle;
       ``(ii) is a member of the Armed Forces; and
       ``(iii) is not domiciled in the State, but who's permanent 
     duty station is located in the State.''.
       (e) Federal and State Working Group.--
       (1) Establishment.--Not later than 3 months after the date 
     of the enactment of this Act, the Secretary shall, in 
     consultation with the Secretary of Defense and in cooperation 
     with the States, establish a working group to assist members 
     of the Armed Forces to obtain commercial driver's licenses.
       (2) Duties.--The working group established under paragraph 
     (1) shall, at a minimum--
       (A) discuss implementation of this section and the 
     amendments made by this section; and
       (B) submit to the Secretary such recommendations for 
     legislative or regulatory action as the working group 
     considers advisable to improve the availability of commercial 
     driver's licenses to members of the Armed Forces.
                                 ______
                                 
  SA 1707. Mrs. GILLIBRAND (for herself and Mr. Wyden) submitted an 
amendment intended to be proposed by her to the bill S. 1813, to 
reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 559, between lines 10 and 11, insert the following:

     SEC. 2214. UNIVERSITY RENEWABLE TRANSPORTATION FUELS PROGRAM.

       (a) In General.--Subchapter I of chapter 55 of title 49, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec.  5507. University renewable transportation fuels 
       program

       ``(a) Definitions.--In this section:
       ``(1) Center.--The term `center' means a regional 
     university center of excellence established under this 
     section.
       ``(2) Land-grant colleges and universities.--The term 
     `land-grant colleges and universities' has the meaning given 
     the term in section 1404 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 (7 
     U.S.C. 3103).
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(b) Program.--
       ``(1) Establishment.--The Secretary shall make 
     competitively awarded grants under this section to nonprofit 
     institutions of higher education to establish a consortium of 
     land-grant colleges and universities to conduct a national 
     program of research on biobased transportation fuels through 
     5 regional university centers of excellence.
       ``(2) Role of centers.--The role of the centers shall be--
       ``(A) to assist in meeting the needs of the United States 
     for secure transportation fuels that are economically viable 
     and environmentally sustainable;
       ``(B) to conduct research to support the movement and use 
     of biobased transportation fuels, including research on--
       ``(i) biobased-transportation fuel feedstocks;
       ``(ii) feedstock preparation and transportation 
     technologies;
       ``(iii) conversion and distribution technologies; and
       ``(iv) transportation infrastructure;
       ``(C) to enhance national energy and transportation 
     security through the development, distribution, and 
     implementation of biobased energy technologies;
       ``(D) to promote diversification in and the environmental 
     sustainability of biomass feedstock production in the United 
     States through biobased transportation fuels and product 
     technologies;
       ``(E) to promote economic diversification in rural areas of 
     the United States through biobased transportation fuels and 
     product technologies; and
       ``(F) to enhance the efficiency of biobased transportation 
     research and development programs through improved 
     coordination and collaboration between the Department of 
     Transportation, other appropriate Federal agencies, and land-
     grant colleges and universities.
       ``(3) Duties of centers.--A center established for a region 
     described in subsection (c)(2)(B) shall--
       ``(A) provide research leadership and support collaboration 
     among the land-grant universities and colleges within the 
     region;
       ``(B) manage a peer-reviewed competitive grant program in 
     the region that engages the land-grant colleges and 
     universities in the region to address national priorities in 
     the context of the biogeographic and environmental 
     conditions, and transportation infrastructure, in the region; 
     and
       ``(C) operate the program of research on biobased 
     transportation fuels established under this section in the 
     region.
       ``(c) Grants From Secretary to Nonprofit Institutions of 
     Higher Education.--
       ``(1) Applications.--To receive a grant under this section, 
     a nonprofit institution of higher education shall submit to 
     the Secretary an application that is in such form and 
     contains such information as the Secretary may require.
       ``(2) General selection criteria.--
       ``(A) In general.--Except as otherwise provided in this 
     section, the Secretary shall award grants under this section 
     in nonexclusive candidate topic areas established by the 
     Secretary that address the research priorities described in 
     section 503 of title 23.
       ``(B) Regions.--The Secretary shall establish a national 
     consortium of 5 regional university centers of excellence, 
     with a center established within, and collaborating with 
     land-grant colleges and universities in, each of the 
     following regions:

[[Page S874]]

       ``(i) North-central center of excellence.--A north-central 
     research center for the region composed of the States of 
     Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North 
     Dakota, South Dakota, Wisconsin, and Wyoming.
       ``(ii) Northeastern center of excellence.--A northeastern 
     research center for the region composed of the States of 
     Connecticut, Delaware, Maine, Maryland, Massachusetts, 
     Michigan, New Hampshire, New Jersey, New York, Ohio, 
     Pennsylvania, Rhode Island, Vermont, and West Virginia.
       ``(iii) South-central center of excellence.--A south-
     central research center for the region composed of the States 
     of Arkansas, Colorado, Kansas, Louisiana, Missouri, New 
     Mexico, Oklahoma, and Texas.
       ``(iv) Southeastern center of excellence.--A southeastern 
     research center for the region composed of the States of 
     Alabama, Florida, Georgia, Kentucky, Mississippi, North 
     Carolina, South Carolina, Tennessee, and Virginia, the 
     Commonwealth of Puerto Rico, and the United States Virgin 
     Islands.
       ``(v) Western center of excellence.--

       ``(I) In general.--A western research center for the region 
     composed of the States of Arizona, California, Idaho, Nevada, 
     Oregon, Utah, Washington, and the States and insular areas 
     covered by the subcenter described in subclause (II).
       ``(II) Western insular pacific subcenter.--Within the 
     western research center established under subclause (I), a 
     western insular Pacific research subcenter for the region of 
     Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Federated States of Micronesia, 
     the Republic of the Marshall Islands, and the Republic of 
     Palau.

       ``(C) Criteria.--The Secretary, in coordination with the 
     Administrator of the Federal Highway Administration and the 
     Administrator of the Federal Transit Administration, shall 
     select each recipient of a grant under subsection (b) and 
     this subsection through a competitive process based on the 
     assessment of the Secretary of--
       ``(i)(I) the demonstrated leadership within the field of 
     biobased transportation fuel research;
       ``(II) demonstrated experience in the conduct and 
     management of research on biobased transportation fuel 
     feedstocks; and
       ``(III) demonstrated experience in working with multiple 
     Federal agencies;
       ``(ii) demonstrated experience in awarding and managing not 
     less than $7,000,000 over a period of at least 5 years in 
     competitive grant expenditures provided to land-grant 
     colleges and universities, and institutions partnering with 
     land-grant colleges and universities to conduct research and 
     education programs in the area of biobased transportation 
     fuels and biobased products that have the potential to reduce 
     the cost of production of biobased fuel production through 
     high-value coproducts;
       ``(iii) a demonstrated history of working with other land-
     grant colleges and universities within the applicable region 
     in the conduct and implementation of field work on biobased 
     transportation fuel feedstocks;
       ``(iv) a demonstrated history of collaborative efforts to 
     collect and use natural resource and feedstock data for 
     incorporation into geographic information systems and 
     decisionmaking models;
       ``(v) a history of and working access to biobased feedstock 
     production research stations in each State of the applicable 
     region;
       ``(vi) the demonstrated ability of the recipient to 
     disseminate results and promote the implementation of 
     transportation research and education programs through 
     national or regional education and outreach programs; and
       ``(vii) the demonstrated commitment of the recipient to the 
     use of peer review principles and other research best 
     practices in the selection, management, and dissemination of 
     research projects.
       ``(3) Selection.--Not later than 1 year after the date of 
     enactment of the MAP 21, the Secretary, in conjunction with 
     the Administrator of the Federal Highway Administration and 
     the Federal Transit Administration, shall--
       ``(A) select nonprofit institutions of higher education to 
     receive grants under subsection (b) and this section; and
       ``(B) make grant amounts available to the selected 
     recipients.
       ``(d) Use of Grants by University Centers of Excellence and 
     Subcenter.--
       ``(1) In general.--A university center of excellence or 
     subcenter established for a region under subsection (c) shall 
     use 75 percent of the funds made to provide competitive 
     grants to entities that are--
       ``(A) eligible to receive grants under subsection (b)(7) of 
     the Competitive, Special, and Facilities Research Grant Act 
     (7 U.S.C. 450i(b)(7)); and
       ``(B) located in the region.
       ``(2) Activities.--Grants made under this subsection shall 
     be used by the grant recipient to conduct, in a manner 
     consistent with the purposes of this section, 
     multiinstitutional and multistate research, extension, and 
     education programs on technology development implementation.
       ``(3) Administration.--
       ``(A) Peer and merit review.--In making grants under this 
     subsection, a research center or subcenter shall--
       ``(i) seek and accept proposals for grants;
       ``(ii) determine the relevance and merit of proposals 
     through a system of scientific peer review; and
       ``(iii) award grants on the basis of merit, quality, and 
     relevance to advancing the purposes of this section.
       ``(B) Term.--A grant awarded by a research center or 
     subcenter shall have a term that does not exceed 5 years.
       ``(C) Matching funds required.--As a condition of receiving 
     a grant under this subsection, the research center or 
     subcenter shall require that not less than 20 percent of the 
     cost of an activity described in paragraph (2) be matched 
     with funds (including in-kind contributions) from a non-
     Federal source.
       ``(4) Research, extension and educational activities.--A 
     university center of excellence or subcenter shall use the 
     remainder of the grant funds, after application of paragraph 
     (1), to conduct a regional research, extension, and 
     educational program in a manner consistent with the purposes 
     of this section.
       ``(5) Planning coordination.--Grant funds made available 
     under this subsection may be used to carry out planning 
     coordination under this subsection.
       ``(6) Maximum grant.--The amount of a grant made to a 
     recipient for a fiscal year under this subsection shall not 
     exceed $6,000,000.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $30,000,000 for each of fiscal years 2012 and 2013.''.
       (b) Conforming Amendment.--The analysis for subchapter I of 
     chapter 55 of title 49, United States Code, is amended by 
     adding at the end the following:

``Sec. 5507. University renewable transportation fuels program.''.
                                 ______
                                 
  SA 1708. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1813, to reauthorize Federal-aid highway and highway 
safety construction programs, and for other purposes; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MOTORCOACH SAFETY STUDY.

       (a) Study.--Not later than 3 months after the date of the 
     enactment of this Act, the Secretary shall award a 
     competitive research grant to a qualified, independent 
     research institution to conduct a comprehensive research 
     study of the safe operation of motorcoaches that--
       (1) uses naturalistic driving data equipment; and
       (2) focuses on driver fatigue, driver distraction, hours of 
     service, and other areas determined by the Secretary to be 
     necessary.
       (b) Report.--Not later than 9 months after the date on 
     which the research grant is awarded pursuant to subsection 
     (a), the Secretary shall submit a report containing the 
     results of the study conducted under subsection (a) to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives.

                          ____________________